[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Parts 260 to 265

                         Revised as of July 1, 2009


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     793
      Alphabetical List of Agencies Appearing in the CFR......     813
      List of CFR Sections Affected...........................     823

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2009), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, 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.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, 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

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in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
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register. The NARA site also contains links to GPO Access.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, 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, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 260 to 265)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000, and 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
260             Hazardous waste management system: General..           5
261             Identification and listing of hazardous 
                    waste...................................          34
262             Standards applicable to generators of 
                    hazardous waste.........................         287
263             Standards applicable to transporters of 
                    hazardous waste.........................         342
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         346
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         594

[[Page 5]]



                  SUBCHAPTER I_SOLID WASTES (CONTINUED)



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




                            Subpart A_General

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

                          Subpart B_Definitions

260.10 Definitions.
260.11 References.

                     Subpart C_Rulemaking Petitions

260.20 General.
260.21 Petitions for equivalent testing or analytical methods.
260.22 Petitions to amend part 261 to exclude a waste produced at a 
          particular facility.
260.23 Petitions to amend 40 CFR part 273 to include additional 
          hazardous wastes.
260.30 Non-waste determinations and variances from classification as a 
          solid waste.
260.31 Standards and criteria for variances from classification as a 
          solid waste.
260.32 Variances to be classified as a boiler.
260.33 Procedures for variances from classification as a solid waste, 
          for variances to be classified as a boiler, or for non-waste 
          determinations.
260.34 Standards and criteria for non-waste determinations.
260.40 Additional regulation of certain hazardous waste recycling 
          activities on a case-by-case basis.
260.41 Procedures for case-by-case regulation of hazardous waste 
          recycling activities.
260.42 Notification requirement for hazardous secondary materials.
260.43 Legitimate recycling of hazardous secondary materials regulated 
          under Sec. 260.34, Sec. 261.2(a)(2)(ii), and Sec. 
          261.4(a)(23), (24), or (25).

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

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

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

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



                            Subpart A_General



Sec. 260.1  Purpose, scope, and applicability.

    (a) This part provides definitions of terms, general standards, and 
overview information applicable to parts 260 through 265 and 268 of this 
chapter.
    (b) In this part: (1) Section 260.2 sets forth the rules that EPA 
will use in making information it receives available to the public and 
sets forth the requirements that generators, transporters, or owners or 
operators of treatment, storage, or disposal facilities must follow to 
assert claims of business confidentiality with respect to information 
that is submitted to EPA under parts 260 through 265 and 268 of this 
chapter.
    (2) Section 260.3 establishes rules of grammatical construction for 
parts 260 through 265 and 268 of this chapter.
    (3) Section 260.10 defines terms which are used in parts 260 through 
265 and 268 of this chapter.
    (4) Section 260.20 establishes procedures for petitioning EPA to 
amend, modify, or revoke any provision of parts 260 through 265 and 268 
of this chapter and establishes procedures governing EPA's action on 
such petitions.
    (5) Section 260.21 establishes procedures for petitioning EPA to 
approve testing methods as equivalent to those prescribed in parts 261, 
264, or 265 of this chapter.
    (6) Section 260.22 establishes procedures for petitioning EPA to 
amend subpart D of part 261 to exclude a waste from a particular 
facility.

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



Sec. 260.2  Availability of information; confidentiality of information.

    (a) Any information provided to EPA under parts 260 through 265 and 
268 of this chapter will be made available to the public to the extent 
and in the

[[Page 6]]

manner authorized by the Freedom of Information Act, 5 U.S.C. section 
552, section 3007(b) of RCRA and EPA regulations implementing the 
Freedom of Information Act and section 3007(b), part 2 of this chapter, 
as applicable.
    (b) Any person who submits information to EPA in accordance with 
parts 260 through 266 and 268 of this chapter may assert a claim of 
business confidentiality covering part or all of that information by 
following the procedures set forth in Sec. 2.203(b) of this chapter. 
Information covered by such a claim will be disclosed by EPA only to the 
extent, and by means of the procedures, set forth in part 2, subpart B, 
of this chapter except that information required by Sec. 262.53(a) and 
Sec. 262.83 that is submitted in a notification of intent to export a 
hazardous waste will be provided to the U.S. Department of State and the 
appropriate authorities in the transit and receiving or importing 
countries regardless of any claims of confidentiality. However, if no 
such claim accompanies the information when it is received by EPA, it 
may be made available to the public without further notice to the person 
submitting it.

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



Sec. 260.3  Use of number and gender.

    As used in parts 260 through 265 and 268 of this chapter:
    (a) Words in the masculine gender also include the feminine and 
neuter genders; and
    (b) Words in the singular include the plural; and
    (c) Words in the plural include the singular.

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



                          Subpart B_Definitions



Sec. 260.10  Definitions.

    When used in parts 260 through 273 of this chapter, the following 
terms have the meanings given below:
    Above ground tank means a device meeting the definition of ``tank'' 
in Sec. 260.10 and that is situated in such a way that the entire 
surface area of the tank is completely above the plane of the adjacent 
surrounding surface and the entire surface area of the tank (including 
the tank bottom) is able to be visually inspected.
    Act or RCRA means the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 
section 6901 et seq.
    Active life of a facility means the period from the initial receipt 
of hazardous waste at the facility until the Regional Administrator 
receives certification of final closure.
    Active portion means that portion of a facility where treatment, 
storage, or disposal operations are being or have been conducted after 
the effective date of part 261 of this chapter and which is not a closed 
portion. (See also ``closed portion'' and ``inactive portion''.)
    Administrator means the Administrator of the Environmental 
Protection Agency, or his designee.
    Ancillary equipment means any device including, but not limited to, 
such devices as piping, fittings, flanges, valves, and pumps, that is 
used to distribute, meter, or control the flow of hazardous waste from 
its point of generation to a storage or treatment tank(s), between 
hazardous waste storage and treatment tanks to a point of disposal 
onsite, or to a point of shipment for disposal off-site.
    Aquifer means a geologic formation, group of formations, or part of 
a formation capable of yielding a significant amount of ground water to 
wells or springs.
    Authorized representative means the person responsible for the 
overall operation of a facility or an operational unit (i.e., part of a 
facility), e.g., the plant manager, superintendent or person of 
equivalent responsibility.
    Battery means a device consisting of one or more electrically 
connected electrochemical cells which is designed to receive, store, and 
deliver electric energy. An electrochemical cell is a system consisting 
of an anode, cathode, and an electrolyte, plus such connections 
(electrical and mechanical) as may be needed to allow the cell to 
deliver or receive electrical energy. The term battery also includes an 
intact,

[[Page 7]]

unbroken battery from which the electrolyte has been removed.
    Boiler means an enclosed device using controlled flame combustion 
and having the following characteristics:
    (1)(i) The unit must have physical provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (ii) The unit's combustion chamber and primary energy recovery 
sections(s) must be of integral design. To be of integral design, the 
combustion chamber and the primary energy recovery section(s) (such as 
waterwalls and superheaters) must be physically formed into one 
manufactured or assembled unit. A unit in which the combustion chamber 
and the primary energy recovery section(s) are joined only by ducts or 
connections carrying flue gas is not integrally designed; however, 
secondary energy recovery equipment (such as economizers or air 
preheaters) need not be physically formed into the same unit as the 
combustion chamber and the primary energy recovery section. The 
following units are not precluded from being boilers solely because they 
are not of integral design: process heaters (units that transfer energy 
directly to a process stream), and fluidized bed combustion units; and
    (iii) While in operation, the unit must maintain a thermal energy 
recovery efficiency of at least 60 percent, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (iv) The unit must export and utilize at least 75 percent of the 
recovered energy, calculated on an annual basis. In this calculation, no 
credit shall be given for recovered heat used internally in the same 
unit. (Examples of internal use are the preheating of fuel or combustion 
air, and the driving of induced or forced draft fans or feedwater 
pumps); or
    (2) The unit is one which the Regional Administrator has determined, 
on a case-by-case basis, to be a boiler, after considering the standards 
in Sec. 260.32.
    Carbon regeneration unit means any enclosed thermal treatment device 
used to regenerate spent activated carbon.
    Cathode ray tube or CRT means a vacuum tube, composed primarily of 
glass, which is the visual or video display component of an electronic 
device. A used, intact CRT means a CRT whose vacuum has not been 
released. A used, broken CRT means glass removed from its housing or 
casing whose vacuum has been released.
    Certification means a statement of professional opinion based upon 
knowledge and belief.
    Closed portion means that portion of a facility which an owner or 
operator has closed in accordance with the approved facility closure 
plan and all applicable closure requirements. (See also ``active 
portion'' and ``inactive portion''.)
    Component means either the tank or ancillary equipment of a tank 
system.
    Confined aquifer means an aquifer bounded above and below by 
impermeable beds or by beds of distinctly lower permeability than that 
of the aquifer itself; an aquifer containing confined ground water.
    Container means any portable device in which a material is stored, 
transported, treated, disposed of, or otherwise handled.
    Containment building means a hazardous waste management unit that is 
used to store or treat hazardous waste under the provisions of subpart 
DD of parts 264 or 265 of this chapter.
    Contingency plan means a document setting out an organized, planned, 
and coordinated course of action to be followed in case of a fire, 
explosion, or release of hazardous waste or hazardous waste constituents 
which could threaten human health or the environment.
    Corrosion expert means a person who, by reason of his knowledge of 
the physical sciences and the principles of engineering and mathematics, 
acquired by a professional education and related practical experience, 
is qualified to engage in the practice of corrosion control on buried or 
submerged metal piping systems and metal tanks. Such a person must be 
certified as being qualified by the National Association of Corrosion 
Engineers (NACE) or be a registered professional engineer who has 
certification or licensing that includes education and experience in 
corrosion control on buried or submerged metal piping systems and metal 
tanks.

[[Page 8]]

    CRT collector means a person who receives used, intact CRTs for 
recycling, repair, resale, or donation.
    CRT glass manufacturer means an operation or part of an operation 
that uses a furnace to manufacture CRT glass.
    CRT processing means conducting all of the following activities:
    (1) Receiving broken or intact CRTs; and
    (2) Intentionally breaking intact CRTs or further breaking or 
separating broken CRTs; and
    (3) Sorting or otherwise managing glass removed from CRT monitors.
    Designated facility means:
    (1) A hazardous waste treatment, storage, or disposal facility 
which:
    (i) Has received a permit (or interim status) in accordance with the 
requirements of parts 270 and 124 of this chapter;
    (ii) Has received a permit (or interim status) from a State 
authorized in accordance with part 271 of this chapter; or
    (iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266 
of this chapter; and
    (iv) That has been designated on the manifest by the generator 
pursuant to Sec. 262.20.
    (2) Designated facility also means a generator site designated on 
the manifest to receive its waste as a return shipment from a facility 
that has rejected the waste in accordance with Sec. 264.72(f) or Sec. 
265.72(f) of this chapter.
    (3) If a waste is destined to a facility in an authorized State 
which has not yet obtained authorization to regulate that particular 
waste as hazardous, then the designated facility must be a facility 
allowed by the receiving State to accept such waste.
    Destination facility means a facility that treats, disposes of, or 
recycles a particular category of universal waste, except those 
management activities described in paragraphs (a) and (c) of Sec. Sec. 
273.13 and 273.33 of this chapter. A facility at which a particular 
category of universal waste is only accumulated, is not a destination 
facility for purposes of managing that category of universal waste.
    Dike means an embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids, or 
other materials.
    Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
    Discharge or hazardous waste discharge means the accidental or 
intentional spilling, leaking, pumping, pouring, emitting, emptying, or 
dumping of hazardous waste into or on any land or water.
    Disposal means the discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any solid waste or hazardous waste into or on any 
land or water so that such solid waste or hazardous waste or any 
constituent thereof may enter the environment or be emitted into the air 
or discharged into any waters, including ground waters.
    Disposal facility means a facility or part of a facility at which 
hazardous waste is intentionally placed into or on any land or water, 
and at which waste will remain after closure. The term disposal facility 
does not include a corrective action management unit into which 
remediation wastes are placed.
    Drip pad is an engineered structure consisting of a curbed, free-
draining base, constructed of non-earthen materials and designed to 
convey preservative kick-back or drippage from treated wood, 
precipitation, and surface water run-on to an associated collection 
system at wood preserving plants.
    Elementary neutralization unit means a device which:
    (1) Is used for neutralizing wastes that are hazardous only because 
they exhibit the corrosivity characteristic defined in Sec. 261.22 of 
this chapter, or they are listed in subpart D of part 261 of the chapter 
only for this reason; and
    (2) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    EPA hazardous waste number means the number assigned by EPA to each 
hazardous waste listed in part 261, subpart D, of this chapter and to 
each characteristic identified in part 261, subpart C, of this chapter.
    EPA identification number means the number assigned by EPA to each 
generator, transporter, and treatment, storage, or disposal facility.

[[Page 9]]

    EPA region means the states and territories found in any one of the 
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and 
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the 
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia, 
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama, 
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and 
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa, 
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
    Equivalent method means any testing or analytical method approved by 
the Administrator under Sec. Sec. 260.20 and 260.21.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:
    (1) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (2)(i) A continuous on-site, physical construction program has 
begun; or
    (ii) The owner or operator has entered into contractual 
obligations--which cannot be cancelled or modified without substantial 
loss--for physical construction of the facility to be completed within a 
reasonable time.
    Existing portion means that land surface area of an existing waste 
management unit, included in the original Part A permit application, on 
which wastes have been placed prior to the issuance of a permit.
    Existing tank system or existing component means a tank system or 
component that is used for the storage or treatment of hazardous waste 
and that is in operation, or for which installation has commenced on or 
prior to July 14, 1986. Installation will be considered to have 
commenced if the owner or operator has obtained all Federal, State, and 
local approvals or permits necessary to begin physical construction of 
the site or installation of the tank system and if either (1) a 
continuous on-site physical construction or installation program has 
begun, or (2) the owner or operator has entered into contractual 
obligations--which cannot be canceled or modified without substantial 
loss--for physical construction of the site or installation of the tank 
system to be completed within a reasonable time.
    Explosives or munitions emergency means a situation involving the 
suspected or detected presence of unexploded ordnance (UXO), damaged or 
deteriorated explosives or munitions, an improvised explosive device 
(IED), other potentially explosive material or device, or other 
potentially harmful military chemical munitions or device, that creates 
an actual or potential imminent threat to human health, including 
safety, or the environment, including property, as determined by an 
explosives or munitions emergency response specialist. Such situations 
may require immediate and expeditious action by an explosives or 
munitions emergency response specialist to control, mitigate, or 
eliminate the threat.
    Explosives or munitions emergency response means all immediate 
response activities by an explosives and munitions emergency response 
specialist to control, mitigate, or eliminate the actual or potential 
threat encountered during an explosives or munitions emergency. An 
explosives or munitions emergency response may include in-place render-
safe procedures, treatment or destruction of the explosives or munitions 
and/or transporting those items to another location to be rendered safe, 
treated, or destroyed. Any reasonable delay in the completion of an 
explosives or munitions emergency response caused by a necessary, 
unforeseen, or uncontrollable circumstance will not terminate the 
explosives or munitions emergency. Explosives and munitions emergency 
responses can occur on either public or private lands and are not 
limited to responses at RCRA facilities.

[[Page 10]]

    Explosives or munitions emergency response specialist means an 
individual trained in chemical or conventional munitions or explosives 
handling, transportation, render-safe procedures, or destruction 
techniques. Explosives or munitions emergency response specialists 
include Department of Defense (DOD) emergency explosive ordnance 
disposal (EOD), technical escort unit (TEU), and DOD-certified civilian 
or contractor personnel; and other Federal, State, or local government, 
or civilian personnel similarly trained in explosives or munitions 
emergency responses.
    Facility means:
    (1) All contiguous land, and structures, other appurtenances, and 
improvements on the land, used for treating, storing, or disposing of 
hazardous waste, or for managing hazardous secondary materials prior to 
reclamation. A facility may consist of several treatment, storage, or 
disposal operational units (e.g., one or more landfills, surface 
impoundments, or combinations of them).
    (2) For the purpose of implementing corrective action under 40 CFR 
264.101 or 267.101, all contiguous property under the control of the 
owner or operator seeking a permit under Subtitle C of RCRA. This 
definition also applies to facilities implementing corrective action 
under RCRA Section 3008(h).
    (3) Notwithstanding paragraph (2) of this definition, a remediation 
waste management site is not a facility that is subject to 40 CFR 
264.101, but is subject to corrective action requirements if the site is 
located within such a facility.
    Federal agency means any department, agency, or other 
instrumentality of the Federal Government, any independent agency or 
establishment of the Federal Government including any Government 
corporation, and the Government Printing Office.
    Federal, State and local approvals or permits necessary to begin 
physical construction means permits and approvals required under 
Federal, State or local hazardous waste control statutes, regulations or 
ordinances.
    Final closure means the closure of all hazardous waste management 
units at the facility in accordance with all applicable closure 
requirements so that hazardous waste management activities under parts 
264 and 265 of this chapter are no longer conducted at the facility 
unless subject to the provisions in Sec. 262.34.
    Food-chain crops means tobacco, crops grown for human consumption, 
and crops grown for feed for animals whose products are consumed by 
humans.
    Free liquids means liquids which readily separate from the solid 
portion of a waste under ambient temperature and pressure.
    Freeboard means the vertical distance between the top of a tank or 
surface impoundment dike, and the surface of the waste contained 
therein.
    Gasification. For the purpose of complying with 40 CFR 
261.4(a)(12)(i), gasification is a process, conducted in an enclosed 
device or system, designed and operated to process petroleum feedstock, 
including oil-bearing hazardous secondary materials through a series of 
highly controlled steps utilizing thermal decomposition, limited 
oxidation, and gas cleaning to yield a synthesis gas composed primarily 
of hydrogen and carbon monoxide gas.
    Generator means any person, by site, whose act or process produces 
hazardous waste identified or listed in part 261 of this chapter or 
whose act first causes a hazardous waste to become subject to 
regulation.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous secondary material means a secondary material (e.g., spent 
material, by-product, or sludge) that, when discarded, would be 
identified as hazardous waste under part 261 of this chapter.
    Hazardous secondary material generated and reclaimed under the 
control of the generator means:
    (1) That such material is generated and reclaimed at the generating 
facility (for purposes of this defintion, generating facility means all 
contiguous property owned, leased, or otherwise controlled by the 
hazardous secondary material generator); or
    (2) That such material is generated and reclaimed at different 
facilities, if the reclaiming facility is controlled by the generator or 
if both the generating

[[Page 11]]

facility and the reclaiming facility are controlled by a person as 
defined in Sec. 260.10, and if the generator provides one of the 
following certifications: ``on behalf of [insert generator facility 
name], I certify that this facility will send the indicated hazardous 
secondary material to [insert reclaimer facility name], which is 
controlled by [insert generator facility name] and that [insert the name 
of either facility] has acknowledged full responsibility for the safe 
management of the hazardous secondary material,'' or ``on behalf of 
[insert generator facility name] I certify that this facility will send 
the indicated hazardous secondary material to [insert reclaimer facility 
name], that both facilities are under common control, and that [insert 
name of either facility] has acknowledged full responsibility for the 
safe management of the hazardous secondary material.'' For purposes of 
this paragraph, ``control'' means the power to direct the policies of 
the facility, whether by the ownership of stock, voting rights, or 
otherwise, except that contractors who operate facilities on behalf of a 
different person as defined in Sec. 260.10 shall not be deemed to 
``control'' such facilities, or
    (3) That such material is generated pursuant to a written contract 
between a tolling contractor and a toll manufacturer and is reclaimed by 
the tolling contractor, if the tolling contractor certifies the 
following: ``On behalf of [insert tolling contractor name], I certify 
that [insert tolling contractor name], has a written contract with 
[insert toll manufacturer name] to manufacture [insert name of product 
or intermediate] which is made from specified unused materials, and that 
[insert tolling contractor name] will reclaim the hazardous secondary 
materials generated during this manufacture. On behalf of [insert 
tolling contractor name], I also certify that [insert tolling contractor 
name] retains ownership of, and responsibility for, the hazardous 
secondary materials that are generated during the course of the 
manufacture, including any releases of hazardous secondary materials 
that occur during the manufacturing process. For purposes of this 
paragraph, tolling contractor means a person who arranges for the 
production of a product or intermediate made from specified unused 
materials through a written contract with a toll manufacturer. Toll 
manufacturer means a person who produces a product or intermediate made 
from specified unused materials pursuant to a written contract with a 
tolling contractor.
    Hazardous secondary material generator means any person whose act or 
process produces hazardous secondary materials at the generating 
facility. For purposes of this paragraph, ``generating facility'' means 
all contiguous property owned, leased, or otherwise controlled by the 
hazardous secondary material generator. For the purposes of Sec. 
261.2(a)(2)(ii) and Sec. 261.4(a)(23), a facility that collects 
hazardous secondary materials from other persons is not the hazardous 
secondary material generator.
    Hazardous waste means a hazardous waste as defined in Sec. 261.3 of 
this chapter.
    Hazardous waste constituent means a constituent that caused the 
Administrator to list the hazardous waste in part 261, subpart D, of 
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this 
chapter.
    Hazardous waste management unit is a contiguous area of land on or 
in which hazardous waste is placed, or the largest area in which there 
is significant likelihood of mixing hazardous waste constituents in the 
same area. Examples of hazardous waste management units include a 
surface impoundment, a waste pile, a land treatment area, a landfill 
cell, an incinerator, a tank and its associated piping and underlying 
containment system and a container storage area. A container alone does 
not constitute a unit; the unit includes containers and the land or pad 
upon which they are placed.
    In operation refers to a facility which is treating, storing, or 
disposing of hazardous waste.
    Inactive portion means that portion of a facility which is not 
operated after the effective date of part 261 of this chapter. (See also 
``active portion'' and ``closed portion''.)
    Incinerator means any enclosed device that:

[[Page 12]]

    (1) Uses controlled flame combustion and neither meets the criteria 
for classification as a boiler, sludge dryer, or carbon regeneration 
unit, nor is listed as an industrial furnace; or
    (2) Meets the definition of infrared incinerator or plasma arc 
incinerator.
    Incompatible waste means a hazardous waste which is unsuitable for:
    (1) Placement in a particular device or facility because it may 
cause corrosion or decay of containment materials (e.g., container inner 
liners or tank walls); or
    (2) Commingling with another waste or material under uncontrolled 
conditions because the commingling might produce heat or pressure, fire 
or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or 
flammable fumes or gases.


(See appendix V of parts 264 and 265 of this chapter for examples.)

    Individual generation site means the contiguous site at or on which 
one or more hazardous wastes are generated. An individual generation 
site, such as a large manufacturing plant, may have one or more sources 
of hazardous waste but is considered a single or individual generation 
site if the site or property is contiguous.
    Industrial furnace means any of the following enclosed devices that 
are integral components of manufacturing processes and that use thermal 
treatment to accomplish recovery of materials or energy:
    (1) Cement kilns
    (2) Lime kilns
    (3) Aggregate kilns
    (4) Phosphate kilns
    (5) Coke ovens
    (6) Blast furnaces
    (7) Smelting, melting and refining furnaces (including 
pyrometallurgical devices such as cupolas, reverberator furnaces, 
sintering machine, roasters, and foundry furnaces)
    (8) Titanium dioxide chloride process oxidation reactors
    (9) Methane reforming furnaces
    (10) Pulping liquor recovery furnaces
    (11) Combustion devices used in the recovery of sulfur values from 
spent sulfuric acid
    (12) Halogen acid furnaces (HAFs) for the production of acid from 
halogenated hazardous waste generated by chemical production facilities 
where the furnace is located on the site of a chemical production 
facility, the acid product has a halogen acid content of at least 3%, 
the acid product is used in a manufacturing process, and, except for 
hazardous waste burned as fuel, hazardous waste fed to the furnace has a 
minimum halogen content of 20% as-generated.
    (13) Such other devices as the Administrator may, after notice and 
comment, add to this list on the basis of one or more of the following 
factors:
    (i) The design and use of the device primarily to accomplish 
recovery of material products;
    (ii) The use of the device to burn or reduce raw materials to make a 
material product;
    (iii) The use of the device to burn or reduce secondary materials as 
effective substitutes for raw materials, in processes using raw 
materials as principal feedstocks;
    (iv) The use of the device to burn or reduce secondary materials as 
ingredients in an industrial process to make a material product;
    (v) The use of the device in common industrial practice to produce a 
material product; and
    (vi) Other factors, as appropriate.
    Infrared incinerator means any enclosed device that uses electric 
powered resistance heaters as a source of radiant heat followed by an 
afterburner using controlled flame combustion and which is not listed as 
an industrial furnace.
    Inground tank means a device meeting the definition of ``tank'' in 
Sec. 260.10 whereby a portion of the tank wall is situated to any 
degree within the ground, thereby preventing visual inspection of that 
external surface area of the tank that is in the ground.
    Injection well means a well into which fluids are injected. (See 
also ``underground injection''.)
    Inner liner means a continuous layer of material placed inside a 
tank or container which protects the construction materials of the tank 
or container from the contained waste or reagents used to treat the 
waste.
    Installation inspector means a person who, by reason of his 
knowledge of the physical sciences and the principles of

[[Page 13]]

engineering, acquired by a professional education and related practical 
experience, is qualified to supervise the installation of tank systems.
    Intermediate facility means any facility that stores hazardous 
secondary materials for more than 10 days, other than a hazardous 
secondary material generator or reclaimer of such material.
    International shipment means the transportation of hazardous waste 
into or out of the jurisdiction of the United States.
    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.
    Land-based unit means an area where hazardous secondary materials 
are placed in or on the land before recycling. This definition does not 
include land-based production units.
    Landfill means a disposal facility or part of a facility where 
hazardous waste is placed in or on land and which is not a pile, a land 
treatment facility, a surface impoundment, an underground injection 
well, a salt dome formation, a salt bed formation, an underground mine, 
a cave, or a corrective action management unit.
    Landfill cell means a discrete volume of a hazardous waste landfill 
which uses a liner to provide isolation of wastes from adjacent cells or 
wastes. Examples of landfill cells are trenches and pits.
    Land treatment facility means a facility or part of a facility at 
which hazardous waste is applied onto or incorporated into the soil 
surface; such facilities are disposal facilities if the waste will 
remain after closure.
    Leachate means any liquid, including any suspended components in the 
liquid, that has percolated through or drained from hazardous waste.
    Leak-detection system means a system capable of detecting the 
failure of either the primary or secondary containment structure or the 
presence of a release of hazardous waste or accumulated liquid in the 
secondary containment structure. Such a system must employ operational 
controls (e.g., daily visual inspections for releases into the secondary 
containment system of aboveground tanks) or consist of an interstitial 
monitoring device designed to detect continuously and automatically the 
failure of the primary or secondary containment structure or the 
presence of a release of hazardous waste into the secondary containment 
structure.
    Liner means a continuous layer of natural or man-made materials, 
beneath or on the sides of a surface impoundment, landfill, or landfill 
cell, which restricts the downward or lateral escape of hazardous waste, 
hazardous waste constituents, or leachate.
    Management or hazardous waste management means the systematic 
control of the collection, source separation, storage, transportation, 
processing, treatment, recovery, and disposal of hazardous waste.
    Manifest means: The shipping document EPA Form 8700-22 (including, 
if necessary, EPA Form 8700-22A), originated and signed by the generator 
or offeror in accordance with the instructions in the appendix to 40 CFR 
part 262 and the applicable requirements of 40 CFR parts 262 through 
265.
    Manifest tracking number means: The alphanumeric identification 
number (i.e., a unique three letter suffix preceded by nine numerical 
digits), which is pre-printed in Item 4 of the Manifest by a registered 
source.
    Mercury-containing equipment means a device or part of a device 
(including thermostats, but excluding batteries and lamps) that contains 
elemental mercury integral to its function.
    Military munitions means all ammunition products and components 
produced or used by or for the U.S. Department of Defense or the U.S. 
Armed Services for national defense and security, including military 
munitions under the control of the Department of Defense, the U.S. Coast 
Guard, the U.S.

[[Page 14]]

Department of Energy (DOE), and National Guard personnel. The term 
military munitions includes: confined gaseous, liquid, and solid 
propellants, explosives, pyrotechnics, chemical and riot control agents, 
smokes, and incendiaries used by DOD components, including bulk 
explosives and chemical warfare agents, chemical munitions, rockets, 
guided and ballistic missiles, bombs, warheads, mortar rounds, artillery 
ammunition, small arms ammunition, grenades, mines, torpedoes, depth 
charges, cluster munitions and dispensers, demolition charges, and 
devices and components thereof. Military munitions do not include wholly 
inert items, improvised explosive devices, and nuclear weapons, nuclear 
devices, and nuclear components thereof. However, the term does include 
non-nuclear components of nuclear devices, managed under DOE's nuclear 
weapons program after all required sanitization operations under the 
Atomic Energy Act of 1954, as amended, have been completed.
    Mining overburden returned to the mine site means any material 
overlying an economic mineral deposit which is removed to gain access to 
that deposit and is then used for reclamation of a surface mine.
    Miscellaneous unit means a hazardous waste management unit where 
hazardous waste is treated, stored, or disposed of and that is not a 
container, tank, surface impoundment, pile, land treatment unit, 
landfill, incinerator, boiler, industrial furnace, underground injection 
well with appropriate technical standards under part 146 of this 
chapter, containment building, corrective action management unit, unit 
eligible for a research, development, and demonstration permit under 40 
CFR 270.65, or staging pile.
    Movement means that hazardous waste transported to a facility in an 
individual vehicle.
    New hazardous waste management facility or new facility means a 
facility which began operation, or for which construction commenced 
after October 21, 1976. (See also ``Existing hazardous waste management 
facility''.)
    New tank system or new tank component means a tank system or 
component that will be used for the storage or treatment of hazardous 
waste and for which installation has commenced after July 14, 1986; 
except, however, for purposes of Sec. 264.193(g)(2) and Sec. 
265.193(g)(2), a new tank system is one for which construction commences 
after July 14, 1986. (See also ``existing tank system.'')
    On ground tank means a device meeting the definition of ``tank'' in 
Sec. 260.10 and that is situated in such a way that the bottom of the 
tank is on the same level as the adjacent surrounding surface so that 
the external tank bottom cannot be visually inspected.
    On-site means the same or geographically contiguous property which 
may be divided by public or private right-of-way, provided the entrance 
and exit between the properties is at a cross-roads intersection, and 
access is by crossing as opposed to going along, the right-of-way. Non-
contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access, 
is also considered on-site property.
    Open burning means the combustion of any material without the 
following characteristics:
    (1) Control of combustion air to maintain adequate temperature for 
efficient combustion,
    (2) Containment of the combustion-reaction in an enclosed device to 
provide sufficient residence time and mixing for complete combustion, 
and
    (3) Control of emission of the gaseous combustion products.
    (See also ``incineration'' and ``thermal treatment''.)
    Operator means the person responsible for the overall operation of a 
facility.
    Owner means the person who owns a facility or part of a facility.
    Partial closure means the closure of a hazardous waste management 
unit in accordance with the applicable closure requirements of parts 264 
and 265 of this chapter at a facility that contains other active 
hazardous waste management units. For example, partial closure may 
include the closure of a tank (including its associated piping and 
underlying containment systems), landfill cell, surface impoundment, 
waste

[[Page 15]]

pile, or other hazardous waste management unit, while other units of the 
same facility continue to operate.
    Performance Track member facility means a facility that has been 
accepted by EPA for membership in the National Environmental Performance 
Track Program and is still a member of the Program. The National 
Environmental Performance Track Program is a voluntary, facility based, 
program for top environmental performers. Facility members must 
demonstrate a good record of compliance, past success in achieving 
environmental goals, and commit to future specific quantified 
environmental goals, environmental management systems, local community 
outreach, and annual reporting of measurable results.
    Person means an individual, trust, firm, joint stock company, 
Federal Agency, corporation (including a government corporation), 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.
    Personnel or facility personnel means all persons who work at, or 
oversee the operations of, a hazardous waste facility, and whose actions 
or failure to act may result in noncompliance with the requirements of 
part 264 or 265 of this chapter.
    Pesticide means any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, or intended 
for use as a plant regulator, defoliant, or desiccant, other than any 
article that:
    (1) Is a new animal drug under FFDCA section 201(w), or
    (2) Is an animal drug that has been determined by regulation of the 
Secretary of Health and Human Services not to be a new animal drug, or
    (3) Is an animal feed under FFDCA section 201(x) that bears or 
contains any substances described by paragraph (1) or (2) of this 
definition.
    Pile means any non-containerized accumulation of solid, nonflowing 
hazardous waste that is used for treatment or storage and that is not a 
containment building.
    Plasma arc incinerator means any enclosed device using a high 
intensity electrical discharge or arc as a source of heat followed by an 
afterburner using controlled flame combustion and which is not listed as 
an industrial furnace.
    Point source means any discernible, confined, and discrete 
conveyance, including, but not limited to any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, or vessel or other floating 
craft, from which pollutants are or may be discharged. This term does 
not include return flows from irrigated agriculture.
    Publicly owned treatment works or POTW means any device or system 
used in the treatment (including recycling and reclamation) of municipal 
sewage or industrial wastes of a liquid nature which is owned by a 
``State'' or ``municipality'' (as defined by section 502(4) of the CWA). 
This definition includes sewers, pipes, or other conveyances only if 
they convey wastewater to a POTW providing treatment.
    Qualified Ground-Water Scientist means a scientist or engineer who 
has received a baccalaureate or post-graduate degree in the natural 
sciences or engineering, and has sufficient training and experience in 
ground-water hydrology and related fields as may be demonstrated by 
state registration, professional certifications, or completion of 
accredited university courses that enable that individual to make sound 
professional judgements regarding ground-water monitoring and 
contaminant fate and transport.
    Regional Administrator means the Regional Administrator for the EPA 
Region in which the facility is located, or his designee.
    Remediation waste means all solid and hazardous wastes, and all 
media (including ground water, surface water, soils, and sediments) and 
debris, that are managed for implementing cleanup.
    Remediation waste management site means a facility where an owner or 
operator is or will be treating, storing or disposing of hazardous 
remediation wastes. A remediation waste management site is not a 
facility that is subject to corrective action under 40 CFR 264.101, but 
is subject to corrective action requirements if the site is located in 
such a facility.

[[Page 16]]

    Replacement unit means a landfill, surface impoundment, or waste 
pile unit (1) from which all or substantially all of the waste is 
removed, and (2) that is subsequently reused to treat, store, or dispose 
of hazardous waste. ``Replacement unit'' does not apply to a unit from 
which waste is removed during closure, if the subsequent reuse solely 
involves the disposal of waste from that unit and other closing units or 
corrective action areas at the facility, in accordance with an approved 
closure plan or EPA or State approved corrective action.
    Representative sample means a sample of a universe or whole (e.g., 
waste pile, lagoon, ground water) which can be expected to exhibit the 
average properties of the universe or whole.
    Run-off means any rainwater, leachate, or other liquid that drains 
over land from any part of a facility.
    Run-on means any rainwater, leachate, or other liquid that drains 
over land onto any part of a facility.
    Saturated zone or zone of saturation means that part of the earth's 
crust in which all voids are filled with water.
    Sludge means any solid, semi-solid, or liquid waste generated from a 
municipal, commercial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility exclusive of 
the treated effluent from a wastewater treatment plant.
    Sludge dryer means any enclosed thermal treatment device that is 
used to dehydrate sludge and that has a maximum total thermal input, 
excluding the heating value of the sludge itself, of 2,500 Btu/lb of 
sludge treated on a wet-weight basis.
    Small Quantity Generator means a generator who generates less than 
1000 kg of hazardous waste in a calendar month.
    Solid waste means a solid waste as defined in Sec. 261.2 of this 
chapter.
    Sorbent means a material that is used to soak up free liquids by 
either adsorption or absorption, or both. Sorb means to either adsorb or 
absorb, or both.
    Staging pile means an accumulation of solid, non-flowing remediation 
waste (as defined in this section) that is not a containment building 
and that is used only during remedial operations for temporary storage 
at a facility. Staging piles must be designated by the Director 
according to the requirements of 40 CFR 264.554.
    State means any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.
    Storage means the holding of hazardous waste for a temporary period, 
at the end of which the hazardous waste is treated, disposed of, or 
stored elsewhere.
    Sump means any pit or reservoir that meets the definition of tank 
and those troughs/trenches connected to it that serve to collect 
hazardous waste for transport to hazardous waste storage, treatment, or 
disposal facilities; except that as used in the landfill, surface 
impoundment, and waste pile rules, ``sump'' means any lined pit or 
reservoir that serves to collect liquids drained from a leachate 
collection and removal system or leak detection system for subsequent 
removal from the system.
    Surface impoundment or impoundment means a facility or part of a 
facility which is a natural topographic depression, man-made excavation, 
or diked area formed primarily of earthen materials (although it may be 
lined with man-made materials), which is designed to hold an 
accumulation of liquid wastes or wastes containing free liquids, and 
which is not an injection well. Examples of surface impoundments are 
holding, storage, settling, and aeration pits, ponds, and lagoons.
    Tank means a stationary device, designed to contain an accumulation 
of hazardous waste which is constructed primarily of non-earthen 
materials (e.g., wood, concrete, steel, plastic) which provide 
structural support.
    Tank system means a hazardous waste storage or treatment tank and 
its associated ancillary equipment and containment system.
    TEQ means toxicity equivalence, the international method of relating 
the toxicity of various dioxin/furan congeners to the toxicity of 
2,3,7,8-tetrachlorodibenzo-p-dioxin.

[[Page 17]]

    Thermal treatment means the treatment of hazardous waste in a device 
which uses elevated temperatures as the primary means to change the 
chemical, physical, or biological character or composition of the 
hazardous waste. Examples of thermal treatment processes are 
incineration, molten salt, pyrolysis, calcination, wet air oxidation, 
and microwave discharge. (See also ``incinerator'' and ``open 
burning''.)
    Thermostat means a temperature control device that contains metallic 
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control 
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 
273.33(c)(2).
    Totally enclosed treatment facility means a facility for the 
treatment of hazardous waste which is directly connected to an 
industrial production process and which is constructed and operated in a 
manner which prevents the release of any hazardous waste or any 
constituent thereof into the environment during treatment. An example is 
a pipe in which waste acid is neutralized.
    Transfer facility means any transportation-related facility, 
including loading docks, parking areas, storage areas and other similar 
areas where shipments of hazardous waste or hazardous secondary 
materials are held during the normal course of transportation.
    Transport vehicle means a motor vehicle or rail car used for the 
transportation of cargo by any mode. Each cargo-carrying body (trailer, 
railroad freight car, etc.) is a separate transport vehicle.
    Transportation means the movement of hazardous waste by air, rail, 
highway, or water.
    Transporter means a person engaged in the offsite transportation of 
hazardous waste by air, rail, highway, or water.
    Treatability Study means a study in which a hazardous waste is 
subjected to a treatment process to determine: (1) Whether the waste is 
amenable to the treatment process, (2) what pretreatment (if any) is 
required, (3) the optimal process conditions needed to achieve the 
desired treatment, (4) the efficiency of a treatment process for a 
specific waste or wastes, or (5) the characteristics and volumes of 
residuals from a particular treatment process. Also included in this 
definition for the purpose of the Sec. 261.4 (e) and (f) exemptions are 
liner compatibility, corrosion, and other material compatibility studies 
and toxicological and health effects studies. A ``treatability study'' 
is not a means to commercially treat or dispose of hazardous waste.
    Treatment means any method, technique, or process, including 
neutralization, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such 
waste, or so as to recover energy or material resources from the waste, 
or so as to render such waste non-hazardous, or less hazardous; safer to 
transport, store, or dispose of; or amenable for recovery, amenable for 
storage, or reduced in volume.
    Treatment zone means a soil area of the unsaturated zone of a land 
treatment unit within which hazardous constituents are degraded, 
transformed, or immobilized.
    Underground injection means the subsurface emplacement of fluids 
through a bored, drilled or driven well; or through a dug well, where 
the depth of the dug well is greater than the largest surface dimension. 
(See also ``injection well''.)
    Underground tank means a device meeting the definition of ``tank'' 
in Sec. 260.10 whose entire surface area is totally below the surface 
of and covered by the ground.
    Unfit-for use tank system means a tank system that has been 
determined through an integrity assessment or other inspection to be no 
longer capable of storing or treating hazardous waste without posing a 
threat of release of hazardous waste to the environment.
    United States means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Mariana Islands.

[[Page 18]]

    Universal waste means any of the following hazardous wastes that are 
managed under the universal waste requirements of part 273 of this 
chapter:
    (1) Batteries as described in Sec. 273.2 of this chapter;
    (2) Pesticides as described in Sec. 273.3 of this chapter;
    (3) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter; and
    (4) Lamps as described in Sec. 273.5 of this chapter.
    Universal Waste Handler:
    (1) Means:
    (i) A generator (as defined in this section) of universal waste; or
    (ii) The owner or operator of a facility, including all contiguous 
property, that receives universal waste from other universal waste 
handlers, accumulates universal waste, and sends universal waste to 
another universal waste handler, to a destination facility, or to a 
foreign destination.
    (2) Does not mean:
    (i) A person who treats (except under the provisions of 40 CFR 
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles 
universal waste; or
    (ii) A person engaged in the off-site transportation of universal 
waste by air, rail, highway, or water, including a universal waste 
transfer facility.
    Universal Waste Transporter means a person engaged in the off-site 
transportation of universal waste by air, rail, highway, or water.
    Unsaturated zone or zone of aeration means the zone between the land 
surface and the water table.
    Uppermost aquifer means the geologic formation nearest the natural 
ground surface that is an aquifer, as well as lower aquifers that are 
hydraulically interconnected with this aquifer within the facility's 
property boundary.
    Used oil means any oil that has been refined from crude oil, or any 
synthetic oil, that has been used and as a result of such use is 
contaminated by physical or chemical impurities.
    Vessel includes every description of watercraft, used or capable of 
being used as a means of transportation on the water.
    Wastewater treatment unit means a device which:
    (1) Is part of a wastewater treatment facility that is subject to 
regulation under either section 402 or 307(b) of the Clean Water Act; 
and
    (2) Receives and treats or stores an influent wastewater that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or that 
generates and accumulates a wastewater treatment sludge that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or 
stores a wastewater treatment sludge which is a hazardous waste as 
defined in Sec. 261.3 of this Chapter; and
    (3) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.
    Water (bulk shipment) means the bulk transportation of hazardous 
waste which is loaded or carried on board a vessel without containers or 
labels.
    Well means any shaft or pit dug or bored into the earth, generally 
of a cylindrical form, and often walled with bricks or tubing to prevent 
the earth from caving in.
    Well injection: (See ``underground injection''.)
    Zone of engineering control means an area under the control of the 
owner/operator that, upon detection of a hazardous waste release, can be 
readily cleaned up prior to the release of hazardous waste or hazardous 
constituents to ground water or surface water.

[45 FR 33073, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
260.10, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 260.11  References.

    (a) When used in parts 260 through 268 and 278 of this chapter, the 
following publications are incorporated by reference. These 
incorporations by reference were approved by the Director of the Federal 
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. 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. 
Copies may be inspected at the Library, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, 
[email protected]; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call

[[Page 19]]

202-741-6030, or go to: http://www.archives.gov/federal--register/code--
of--federal--regulations/ibr--locations.html.
    (b) The following materials are available for purchase from the 
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash Point 
by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec. 261.21.
    (2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed Gas 
by Gas Chromatography,'' IBR approved for Sec. Sec. 264.1033, 265.1033.
    (3) ASTM D 2267-88, ``Standard Test Method for Aromatics in Light 
Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR approved 
for Sec. 264.1063.
    (4) ASTM D 2382-83, ``Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' IBR 
approved for Sec. Sec. 264.1033, 265.1033.
    (5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope,'' IBR approved for Sec. 265.1084.
    (6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for 
Liquids by Setaflash Closed Tester,'' IBR approved for Sec. 261.21(a).
    (7) ASTM E 168-88, ``Standard Practices for General Techniques of 
Infrared Quantitative Analysis,'' IBR approved for Sec. 264.1063.
    (8) ASTM E 169-87, ``Standard Practices for General Techniques of 
Ultraviolet-Visible Quantitative Analysis,'' IBR approved for Sec. 
264.1063.
    (9) ASTM E 260-85, ``Standard Practice for Packed Column Gas 
Chromatography,'' IBR approved for Sec. 264.1063.
    (10) ASTM E 926-88, ``Standard Test Methods for Preparing Refuse-
Derived Fuel (RDF) Samples for Analyses of Metals,'' Test Method C--
Bomb, Acid Digestion Method.
    (c) The following materials are available for purchase from the 
National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161; or for purchase from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 
512-1800.
    (1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA 
Publication EPA-450/2-81-005, December 1981, IBR approved for Sec. Sec. 
264.1035 and 265.1035.
    (2) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil 
and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-
HEM; Non-polar Material) by Extraction and Gravimetry, PB99-121949, IBR 
approved for part 261, appendix IX.
    (3) The following methods as published in the test methods 
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of 
``A'' in the method number indicates revision one (the method has been 
revised once). A suffix of ``B'' in the method number indicates revision 
two (the method has been revised twice). A suffix of ``C'' in the method 
number indicates revision three (the method has been revised three 
times). A suffix of ``D'' in the method number indicates revision four 
(the method has been revised four times).
    (i) Method 0010, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (ii) Method 0020, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (iii) Method 0030, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (iv) Method 1320, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (v) Method 1311, dated September 1992 and in Update I, IBR approved 
for part 261, appendix IX, and Sec. Sec. 261.24, 268.7, 268.40.
    (vi) Method 1330A, dated September 1992 and in Update I, IBR 
approved for part 261, appendix IX.
    (vii) Method 1312 dated September 1994 and in Update III, IBR 
approved for part 261, appendix IX and Sec. 278.3(b)(1).
    (viii) Method 0011, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, and part 266, appendix IX.
    (ix) Method 0023A, dated December 1996 and in Update III, IBR 
approved

[[Page 20]]

for part 261, appendix IX, part 266, appendix IX, and Sec. 266.104.
    (x) Method 0031, dated December 1996 and in Update III, IBR approved 
for part 261, appendix IX.
    (xi) Method 0040, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX.
    (xii) Method 0050, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec. 
266.107.
    (xiii) Method 0051, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec. 
266.107.
    (xiv) Method 0060, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, 
appendix IX.
    (xv) Method 0061, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, 
appendix IX.
    (xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR 
approved for part 261, appendix IX.
    (xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xix) Method 1110A, dated November 2004 and in Update IIIB, IBR 
approved for Sec. 261.22 and part 261, appendix IX.
    (xx) Method 1310B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44, 
268.48.
    (xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44, 
268.48.
    (xxiii) Method 9040C, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. 261.22.
    (xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX, and Sec. Sec. 264.1034, 264.1063, 
265.1034, 265.1063.
    (xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxvii) Method 9095B, dated November 2004 and in Update IIIB, IBR 
approved, part 261, appendix IX, and Sec. Sec. 264.190, 264.314, 
265.190, 265.314, 265.1081, 267.190(a), 268.32.
    (d) The following materials are available for purchase from the 
National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101.
    (1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), IBR 
approved for Sec. Sec. 264.198, 265.198, 267.202(b).
    (2) [Reserved]
    (e) The following materials are available for purchase from the 
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 
20005.
    (1) API Publication 2517, Third Edition, February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved for 
Sec. 265.1084.
    (2) [Reserved]
    (f) The following materials are available for purchase from the 
Environmental Protection Agency, Research Triangle Park, NC.
    (1) ``Screening Procedures for Estimating the Air Quality Impact of 
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, IBR approved for part 266, appendix IX.
    (2) [Reserved]
    (g) The following materials are available for purchase from the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
    (1) OECD Green List of Wastes (revised May 1994), Amber List of 
Wastes and Red List of Wastes (both revised May 1993) as set forth in 
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council 
Decision C(92)39/FINAL (Concerning the Control of Transfrontier 
Movements of Wastes Destined for Recovery Operations), IBR approved for 
262.89 of this chapter.
    (2) [Reserved]

[70 FR 34560, June 14, 2005, as amended at 70 FR 53453, Sept. 8, 2005; 
70 FR 59575, Oct. 12, 2005; 72 FR 39352, July 18, 2007]

[[Page 21]]



                     Subpart C_Rulemaking Petitions



Sec. 260.20  General.

    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
This section sets forth general requirements which apply to all such 
petitions. Section 260.21 sets forth additional requirements for 
petitions to add a testing or analytical method to part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:
    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

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



Sec. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).
    (b) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) A full description of the proposed method, including all 
procedural steps and equipment used in the method;
    (2) A description of the types of wastes or waste matrices for which 
the proposed method may be used;
    (3) Comparative results obtained from using the proposed method with 
those obtained from using the relevant or corresponding methods 
prescribed in part 261, 264, or 265 of this chapter;
    (4) An assessment of any factors which may interfere with, or limit 
the use of, the proposed method; and
    (5) A description of the quality control procedures necessary to 
ensure the sensitivity, accuracy and precision of the proposed method.
    (c) After receiving a petition for an equivalent method, the 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S.

[[Page 22]]

Environmental Protection Agency, Office of Resource Conservation and 
Recovery, Washington, DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984; 70 
FR 34561, June 14, 2005; 74 FR 30230, June 25, 2009]



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

particular facility.

    (a) Any person seeking to exclude a waste at a particular generating 
facility from the lists in subpart D of part 261 may petition for a 
regulatory amendment under this section and Sec. 260.20. To be 
successful:
    (1) The petitioner must demonstrate to the satisfaction of the 
Administrator that the waste produced by a particular generating 
facility does not meet any of the criteria under which the waste was 
listed as a hazardous or an acutely hazardous waste; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (b) The procedures in this Section and Sec. 260.20 may also be used 
to petition the Administrator for a regulatory amendment to exclude from 
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these 
Sections and is either a waste listed in subpart D, or is derived from a 
waste listed in subpart D. This exclusion may only be issued for a 
particular generating, storage, treatment, or disposal facility. The 
petitioner must make the same demonstration as required by paragraph (a) 
of this section. Where the waste is a mixture of solid waste and one or 
more listed hazardous wastes or is derived from one or more hazardous 
wastes, his demonstration must be made with respect to the waste mixture 
as a whole; analyses must be conducted for not only those constituents 
for which the listed waste contained in the mixture was listed as 
hazardous, but also for factors (including additional constituents) that 
could cause the waste mixture to be a hazardous waste. A waste which is 
so excluded may still be a hazardous waste by operation of subpart C of 
part 261.
    (c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'', 
in subpart D,
    (1) The petitioner must show that the waste does not exhibit the 
relevant characteristic for which the waste was listed as defined in 
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein. The petitioner also must show 
that the waste does not exhibit any of the other characteristics defined 
in Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein;
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (d) If the waste is listed with code ``T'' in subpart D,
    (1) The petitioner must demonstrate that the waste:
    (i) Does not contain the constituent or constituents (as defined in 
Appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste; or
    (ii) Although containing one or more of the hazardous constituents 
(as defined in appendix VII of part 261) that caused the Administrator 
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) 
when considering the factors used by the Administrator in Sec. 
261.11(a)(3) (i) through (xi) under which the waste was listed as 
hazardous; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste; and

[[Page 23]]

    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, Sec. 
261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (e) If the waste is listed with the code ``H'' in subpart D,
    (1) The petitioner must demonstrate that the waste does not meet the 
criterion of Sec. 261.11(a)(2); and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that additional 
factors (including additional constituents) other than those for which 
the waste was listed could cause the waste to be a hazardous waste, that 
such factors do not warrant retaining the waste as a hazardous waste; 
and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, Sec. 
261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing infectious wastes.]
    (h) Demonstration samples must consist of enough representative 
samples, but in no case less than four samples, taken over a period of 
time sufficient to represent the variability or the uniformity of the 
waste.
    (i) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) The name and address of the laboratory facility performing the 
sampling or tests of the waste;
    (2) The names and qualifications of the persons sampling and testing 
the waste;
    (3) The dates of sampling and testing;
    (4) The location of the generating facility;
    (5) A description of the manufacturing processes or other operations 
and feed materials producing the waste and an assessment of whether such 
processes, operations, or feed materials can or might produce a waste 
that is not covered by the demonstration;
    (6) A description of the waste and an estimate of the average and 
maximum monthly and annual quantities of waste covered by the 
demonstration;
    (7) Pertinent data on and discussion of the factors delineated in 
the respective criterion for listing a hazardous waste, where the 
demonstration is based on the factors in Sec. 261.11(a)(3);
    (8) A description of the methodologies and equipment used to obtain 
the representative samples;
    (9) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization and 
preservation of the samples;
    (10) A description of the tests performed (including results);
    (11) The names and model numbers of the instruments used in 
performing the tests; and
    (12) The following statement signed by the generator of the waste or 
his authorized representative:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this demonstration and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.
    (j) After receiving a petition for an exclusion, the Administrator 
may request any additional information which he may reasonably require 
to evaluate the petition.
    (k) An exclusion will only apply to the waste generated at the 
individual facility covered by the demonstration and will not apply to 
waste from any other facility.
    (l) The Administrator may exclude only part of the waste for which 
the demonstration is submitted where he has reason to believe that 
variability of the waste justifies a partial exclusion.

[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54 
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994; 70 FR 34561, June 
14, 2005; 71 FR 40258, July 14, 2006]

[[Page 24]]



Sec. 260.23  Petitions to amend 40 CFR part 273 to include additional 

hazardous wastes.

    (a) Any person seeking to add a hazardous waste or a category of 
hazardous waste to the universal waste regulations of part 273 of this 
chapter may petition for a regulatory amendment under this section, 40 
CFR 260.20, and subpart G of 40 CFR part 273.
    (b) To be successful, the petitioner must demonstrate to the 
satisfaction of the Administrator that regulation under the universal 
waste regulations of 40 CFR part 273: Is appropriate for the waste or 
category of waste; will improve management practices for the waste or 
category of waste; and will improve implementation of the hazardous 
waste program. The petition must include the information required by 40 
CFR 260.20(b). The petition should also address as many of the factors 
listed in 40 CFR 273.81 as are appropriate for the waste or category of 
waste addressed in the petition.
    (c) The Administrator will grant or deny a petition using the 
factors listed in 40 CFR 273.81. The decision will be based on the 
weight of evidence showing that regulation under 40 CFR part 273 is 
appropriate for the waste or category of waste, will improve management 
practices for the waste or category of waste, and will improve 
implementation of the hazardous waste program.
    (d) The Administrator may request additional information needed to 
evaluate the merits of the petition.

[60 FR 25540, May 11, 1995]



Sec. 260.30  Non-waste determinations and variances from classification as a 

solid waste.

    In accordance with the standards and criteria in Sec. 260.31 and 
Sec. 260.34 and the procedures in Sec. 260.33, the Administrator may 
determine on a case-by-case basis that the following recycled materials 
are not solid wastes:
    (a) Materials that are accumulated speculatively without sufficient 
amounts being recycled (as defined in Sec. 261.1(c)(8) of this 
chapter);
    (b) Materials that are reclaimed and then reused within the original 
production process in which they were generated;
    (c) Materials that have been reclaimed but must be reclaimed further 
before the materials are completely recovered.
    (d) Hazardous secondary materials that are reclaimed in a continuous 
industrial process; and
    (e) Hazardous secondary materials that are indistinguishable in all 
relevant aspects from a product or intermediate.

[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 
FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008]



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

solid waste.

    (a) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are accumulated 
speculatively without sufficient amounts being recycled if the applicant 
demonstrates that sufficient amounts of the material will be recycled or 
transferred for recycling in the following year. If a variance is 
granted, it is valid only for the following year, but can be renewed, on 
an annual basis, by filing a new application. The Administrator's 
decision will be based on the following criteria:
    (1) The manner in which the material is expected to be recycled, 
when the material is expected to be recycled, and whether this expected 
disposition is likely to occur (for example, because of past practice, 
market factors, the nature of the material, or contractual arrangements 
for recycling);
    (2) The reason that the applicant has accumulated the material for 
one or more years without recycling 75 percent of the volume accumulated 
at the beginning of the year;
    (3) The quantity of material already accumulated and the quantity 
expected to be generated and accumulated before the material is 
recycled;
    (4) The extent to which the material is handled to minimize loss;
    (5) Other relevant factors.
    (b) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are reclaimed and then 
reused as feedstock within the original production process in which the 
materials were generated if the reclamation operation

[[Page 25]]

is an essential part of the production process. This determination will 
be based on the following criteria:
    (1) How economically viable the production process would be if it 
were to use virgin materials, rather than reclaimed materials;
    (2) The extent to which the material is handled before reclamation 
to minimize loss;
    (3) The time periods between generating the material and its 
reclamation, and between reclamation and return to the original primary 
production process;
    (4) The location of the reclamation operation in relation to the 
production process;
    (5) Whether the reclaimed material is used for the purpose for which 
it was originally produced when it is returned to the original process, 
and whether it is returned to the process in substantially its original 
form;
    (6) Whether the person who generates the material also reclaims it;
    (7) Other relevant factors.
    (c) The Regional Administrator may grant requests for a variance 
from classifying as a solid waste those materials that have been 
reclaimed but must be reclaimed further before recovery is completed if, 
after initial reclamation, the resulting material is commodity-like 
(even though it is not yet a commercial product, and has to be reclaimed 
further). This determination will be based on the following factors:
    (1) The degree of processing the material has undergone and the 
degree of further processing that is required;
    (2) The value of the material after it has been reclaimed;
    (3) The degree to which the reclaimed material is like an analogous 
raw material;
    (4) The extent to which an end market for the reclaimed material is 
guaranteed;
    (5) The extent to which the reclaimed material is handled to 
minimize loss;
    (6) Other relevant factors.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71 
FR 16902, Apr. 4, 2006]



Sec. 260.32  Variances to be classified as a boiler.

    In accordance with the standards and criteria in Sec. 260.10 
(definition of ``boiler''), and the procedures in Sec. 260.33, the 
Administrator may determine on a case-by-case basis that certain 
enclosed devices using controlled flame combustion are boilers, even 
though they do not otherwise meet the definition of boiler contained in 
Sec. 260.10, after considering the following criteria:
    (a) The extent to which the unit has provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (b) The extent to which the combustion chamber and energy recovery 
equipment are of integral design; and
    (c) The efficiency of energy recovery, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (d) The extent to which exported energy is utilized; and
    (e) The extent to which the device is in common and customary use as 
a ``boiler'' functioning primarily to produce steam, heated fluids, or 
heated gases; and
    (f) Other factors, as appropriate.

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



Sec. 260.33  Procedures for variances from classification as a solid waste, 

for variances to be classified as a boiler, or for non-waste determinations.

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste, 
applications to classify particular enclosed controlled flame combustion 
devices as boilers, or applications for non-waste determinations.
    (a) The applicant must apply to the Administrator for the variance 
or non-waste determination. The application must address the relevant 
criteria contained in Sec. 260.31, Sec. 260.32, or Sec. 260.34, as 
applicable.
    (b) The Administrator will evaluate the application and issue a 
draft notice tentatively granting or denying the application. 
Notification of this tentative decision will be provided by newspaper 
advertisement or radio broadcast in

[[Page 26]]

the locality where the recycler is located. The Administrator will 
accept comment on the tentative decision for 30 days, and may also hold 
a public hearing upon request or at his discretion. The Administrator 
will issue a final decision after receipt of comments and after the 
hearing (if any).
    (c) For non-waste determinations, in the event of a change in 
circumstances that affect how a hazardous secondary material meets the 
relevant criteria contained in Sec. 260.34 upon which a non-waste 
determination has been based, the applicant must re-apply to the 
Administrator for a formal determination that the hazardous secondary 
material continues to meet the relevant criteria and therefore is not a 
solid waste.

[59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008]



Sec. 260.34  Standards and criteria for non-waste determinations.

    (a) An applicant may apply to the Administrator for a formal 
determination that a hazardous secondary material is not discarded and 
therefore not a solid waste. The determinations will be based on the 
criteria contained in paragraphs (b) or (c) of this section, as 
applicable. If an application is denied, the hazardous secondary 
material might still be eligible for a solid waste variance or exclusion 
(for example, one of the solid waste variances under Sec. 260.31). 
Determinations may also be granted by the State if the State is either 
authorized for this provision or if the following conditions are met:
    (1) The State determines the hazardous secondary material meets the 
criteria in paragraphs (b) or (c) of this section, as applicable;
    (2) The State requests that EPA review its determination; and
    (3) EPA approves the State determination.
    (b) The Administrator may grant a non-waste determination for 
hazardous secondary material which is reclaimed in a continuous 
industrial process if the applicant demonstrates that the hazardous 
secondary material is a part of the production process and is not 
discarded. The determination will be based on whether the hazardous 
secondary material is legitimately recycled as specified in Sec. 260.43 
and on the following criteria:
    (1) The extent that the management of the hazardous secondary 
material is part of the continuous primary production process and is not 
waste treatment;
    (2) Whether the capacity of the production process would use the 
hazardous secondary material in a reasonable time frame and ensure that 
the hazardous secondary material will not be abandoned (for example, 
based on past practices, market factors, the nature of the hazardous 
secondary material, or any contractual arrangements);
    (3) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (4) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded.
    (c) The Administrator may grant a non-waste determination for 
hazardous secondary material which is indistinguishable in all relevant 
aspects from a product or intermediate if the applicant demonstrates 
that the hazardous secondary material is comparable to a product or 
intermediate and is not discarded. The determination will be based on 
whether the hazardous secondary material is legitimately recycled as 
specified in Sec. 260.43 and on the following criteria:
    (1) Whether market participants treat the hazardous secondary 
material as a product or intermediate rather than a waste (for example, 
based on the current positive value of the hazardous secondary material, 
stability of demand, or any contractual arrangements);
    (2) Whether the chemical and physical identity of the hazardous 
secondary material is comparable to commercial products or 
intermediates;
    (3) Whether the capacity of the market would use the hazardous 
secondary material in a reasonable time frame and ensure that the 
hazardous secondary material will not be abandoned (for example, based 
on past practices,

[[Page 27]]

market factors, the nature of the hazardous secondary material, or any 
contractual arrangements);
    (4) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (5) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded.

[73 FR 64758, Oct. 30, 2008]



Sec. 260.40  Additional regulation of certain hazardous waste recycling 

activities on a case-by-case basis.

    (a) The Regional Administrator may decide on a case-by-case basis 
that persons accumulating or storing the recyclable materials described 
in Sec. 261.6(a)(2)(iii) of this chapter should be regulated under 
Sec. 261.6 (b) and (c) of this chapter. The basis for this decision is 
that the materials are being accumulated or stored in a manner that does 
not protect human health and the environment because the materials or 
their toxic constituents have not been adequately contained, or because 
the materials being accumulated or stored together are incompatible. In 
making this decision, the Regional Administrator will consider the 
following factors:
    (1) The types of materials accumulated or stored and the amounts 
accumulated or stored;
    (2) The method of accumulation or storage;
    (3) The length of time the materials have been accumulated or stored 
before being reclaimed;
    (4) Whether any contaminants are being released into the 
environment, or are likely to be so released; and
    (5) Other relevant factors.
    (b) [Reserved]

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

[50 FR 662, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]



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

recycling activities.

    The Regional Administrator will use the following procedures when 
determining whether to regulate hazardous waste recycling activities 
described in Sec. 261.6(a)(2)(iii) under the provisions of Sec. 261.6 
(b) and (c), rather than under the provisions of subpart F of part 266 
of this chapter.
    (a) If a generator is accumulating the waste, the Regional 
Administrator will issue a notice setting forth the factual basis for 
the decision and stating that the person must comply with the applicable 
requirements of subparts A, C, D, and E of part 262 of this chapter. The 
notice will become final within 30 days, unless the person served 
requests a public hearing to challenge the decision. Upon receiving such 
a request, the Regional Administrator will hold a public hearing. The 
Regional Administrator will provide notice of the hearing to the public 
and allow public participation at the hearing. The Regional 
Administrator will issue a final order after the hearing stating whether 
or not compliance with part 262 is required. The order becomes effective 
30 days after service of the decision unless the Regional Administrator 
specifies a later date or unless review by the Administrator is 
requested. The order may be appealed to the Administrator by any person 
who participated in the public hearing. The Administrator may choose to 
grant or to deny the appeal. Final Agency action occurs when a final 
order is issued and Agency review procedures are exhausted.
    (b) If the person is accumulating the recyclable material as a 
storage facility, the notice will state that the person must obtain a 
permit in accordance with all applicable provisions of parts 270 and 124 
of this chapter. The owner or operator of the facility must apply for a 
permit within no less than 60 days and no more than six months of 
notice, as specified in the notice. If the owner or operator of the 
facility wishes to challenge the Regional Administrator's decision, he 
may do so in his permit application, in a public hearing held on the 
draft permit, or in comments filed on the draft permit or on the notice 
of intent to deny the permit. The fact

[[Page 28]]

sheet accompanying the permit will specify the reasons for the Agency's 
determination. The question of whether the Regional Administrator's 
decision was proper will remain open for consideration during the public 
comment period discussed under Sec. 124.11 of this chapter and in any 
subsequent hearing.

[50 FR 663, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]



Sec. 260.42  Notification requirement for hazardous secondary materials.

    (a) Hazardous secondary material generators, tolling contractors, 
toll manufacturers, reclaimers, and intermediate facilities managing 
hazardous secondary materials which are excluded from regulation under 
Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), or (25) must send a 
notification prior to operating under the exclusion(s) and by March 1 of 
each even numbered year thereafter to the Regional Administrator using 
EPA Form 8700-12 that includes the following information:
    (1) The name, address, and EPA ID number (if applicable) of the 
facility;
    (2) The name and telephone number of a contact person;
    (3) The NAICS code of the facility;
    (4) The exclusion under which the hazardous secondary materials will 
be managed (e.g., Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), and/
or (25));
    (5) For reclaimers and intermediate facilities managing hazardous 
secondary materials in accordance with Sec. 261.4(a)(24) or (25), 
whether the reclaimer or intermediate facility has financial assurance 
(not applicable for persons managing hazardous secondary materials 
generated and reclaimed under the control of the generator);
    (6) When the facility expects to begin managing the hazardous 
secondary materials in accordance with the exclusion;
    (7) A list of hazardous secondary materials that will be managed 
according to the exclusion (reported as the EPA hazardous waste numbers 
that would apply if the hazardous secondary materials were managed as 
hazardous wastes);
    (8) For each hazardous secondary material, whether the hazardous 
secondary material, or any portion thereof, will be managed in a land-
based unit;
    (9) The quantity of each hazardous secondary material to be managed 
annually; and
    (10) The certification (included in EPA Form 8700-12) signed and 
dated by an authorized representative of the facility.
    (b) If a hazardous secondary material generator, tolling contractor, 
toll manufacturer, reclaimer or intermediate facility has submitted a 
notification, but then subsequently stops managing hazardous secondary 
materials in accordance with the exclusion(s), the facility must notify 
the Regional Administrator within thirty (30) days using EPA Form 8700-
12. For purposes of this section, a facility has stopped managing 
hazardous secondary materials if the facility no longer generates, 
manages and/or reclaims hazardous secondary materials under the 
exclusion(s) and does not expect to manage any amount of hazardous 
secondary materials for at least one year.

[73 FR 64759, Oct. 30, 2008]



Sec. 260.43  Legitimate recycling of hazardous secondary materials regulated 

under Sec. 260.34, Sec. 261.2(a)(2)(ii), and Sec. 261.4(a)(23), (24), or (25).

    (a) Persons regulated under Sec. 260.34 or claiming to be excluded 
from hazardous waste regulation under Sec. 261.2(a)(2)(ii), Sec. 
261.4(a)(23), (24), or (25) because they are engaged in reclamation must 
be able to demonstrate that the recycling is legitimate. Hazardous 
secondary material that is not legitimately recycled is discarded 
material and is a solid waste. In determining if their recycling is 
legitimate, persons must address the requirements of Sec. 260.43(b) and 
must consider the requirements of Sec. 260.43(c) below.
    (b) Legitimate recycling must involve a hazardous secondary material 
that provides a useful contribution to the recycling process or to a 
product or intermediate of the recycling process, and the recycling 
process must produce a valuable product or intermediate.
    (1) The hazardous secondary material provides a useful contribution 
if it
    (i) Contributes valuable ingredients to a product or intermediate; 
or

[[Page 29]]

    (ii) Replaces a catalyst or carrier in the recycling process; or
    (iii) Is the source of a valuable constituent recovered in the 
recycling process; or
    (iv) Is recovered or regenerated by the recycling process; or
    (v) Is used as an effective substitute for a commercial product.
    (2) The product or intermediate is valuable if it is
    (i) Sold to a third party; or
    (ii) Used by the recycler or the generator as an effective 
substitute for a commercial product or as an ingredient or intermediate 
in an industrial process.
    (c) The following factors must be considered in making a 
determination as to the overall legitimacy of a specific recycling 
activity.
    (1) The generator and the recycler should manage the hazardous 
secondary material as a valuable commodity. Where there is an analogous 
raw material, the hazardous secondary material should be managed, at a 
minimum, in a manner consistent with the management of the raw material. 
Where there is no analogous raw material, the hazardous secondary 
material should be contained. Hazardous secondary materials that are 
released to the environment and are not recovered immediately are 
discarded.
    (2) The product of the recycling process does not
    (i) Contain significant concentrations of any hazardous constituents 
found in Appendix VIII of part 261 that are not found in analogous 
products; or
    (ii) Contain concentrations of any hazardous constituents found in 
Appendix VIII of part 261 at levels that are significantly elevated from 
those found in analogous products; or
    (iii) Exhibit a hazardous characteristic (as defined in part 261 
subpart C) that analogous products do not exhibit.
    (3) In making a determination that a hazardous secondary material is 
legitimately recycled, persons must evaluate all factors and consider 
legitimacy as a whole. If, after careful evaluation of these other 
considerations, one or both of the factors are not met, then this fact 
may be an indication that the material is not legitimately recycled.
    However, the factors in this paragraph do not have to be met for the 
recycling to be considered legitimate. In evaluating the extent to which 
these factors are met and in determining whether a process that does not 
meet one or both of these factors is still legitimate, persons can 
consider the protectiveness of the storage methods, exposure from toxics 
in the product, the bioavailability of the toxics in the product, and 
other relevant considerations.

[73 FR 64759, Oct. 30, 2008]



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

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

                        Definition of Solid Waste

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

                      Definition of Hazardous Waste

    If a person has determined that his material is a ``solid waste'', 
the next question he should ask is: ``Is the solid waste I handle a 
hazardous waste?''
    Hazardous waste is defined in Sec. 261.3 of this chapter. Section 
261.3 provides that, in general, a solid waste is a hazardous waste if: 
(1) It is, or contains, a hazardous waste listed in subpart D of part 
261 of this chapter, or (2) the waste exhibits any of the 
characteristics defined in subpart C of part 261. However,

[[Page 30]]

parts 260 and 261 also contain provisions which exclude (Sec. Sec. 
261.4(b), 260.20, and 260.22) certain solid wastes from the definition 
of ``hazardous waste'', even though they are listed in subpart D or 
exhibit one or more of the characteristics defined in subpart C. Figure 
2 depicts the interplay of these special provisions with the definition 
of ``hazardous waste''. It presents a series of questions which a person 
should ask himself concerning his waste. After doing so, the person 
should be able to determine if the solid waste he handles is a hazardous 
waste.

                       Hazardous Waste Regulations

    If this is the case, the person should look at Figure 3. Figure 3 
depicts the special provisions specified in the final part 261 rules for 
hazardous waste which:
1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used, 
recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture 
containing a waste listed in part 261, subpart D.

    For each of these Groups, Figure 3 indicates with which subtitle C 
regulations (if any) the person handling these wastes must comply. 
Figure 3 also explains that, if a person handles hazardous waste which 
is not included in any one of the above three categories, his waste is 
subject to the subtitle C regulations diagrammed in Figure 4.
    Figure 4 is a flowchart which identifies the three categories of 
activities regulated under the subtitle C rules, and the corresponding 
set of rules with which people in each of these categories must comply. 
It points out that all people who handle hazardous waste are either: (1) 
Generators of hazardous waste, (2) transporters of hazardous waste, (3) 
owners or operators of hazardous waste treatment, storage, or disposal 
facilities, or (4) a combination of the above. Figure 4 indicates that 
all of these people must notify EPA of their hazardous waste activities 
in accordance with the Section 3010 Notification Procedures (see 45 FR 
12746 et seq.), and obtain an EPA identification number.
    It should be noted that people handling wastes listed in subpart D 
of part 261 who have filed, or who intend to file an application to 
exempt their waste from regulation under the subtitle C rules, must also 
comply with the notification requirements of section 3010.
    If a person generates hazardous waste, Figure 4 indicates that he 
must comply with the part 262 rules. If he transports it, he must comply 
with the part 263 rules. The standards in both these parts are designed 
to ensure, among other things, proper recordkeeping and reporting, the 
use of a manifest system to track shipments of hazardous waste, the use 
of proper labels and containers, and the delivery of the waste to a 
permitted treatment, storage, or disposal facility.
    If a person owns or operates a facility which treats, stores, or 
disposes of hazardous waste, the standards with which he must comply 
depend on a number of factors. First of all, if the owner or operator of 
a storage facility is also the person who generates the waste, and the 
waste is stored at the facility for less than 90 days for subsequent 
shipment off-site, then the person must comply with Sec. 262.34 of the 
part 262 rules.
    All other owners or operators of treatment, storage, or disposal 
facilities must comply with either the part 264 or the part 265 rules. 
To determine with which of these sets of rules an owner or operator must 
comply, he must find out whether his facility qualifies for interim 
status. To qualify, the owner or operator must: (1) Have been treating, 
storing, or disposing of the hazardous waste, or commenced facility 
construction on or before October 21, 1976, (2) comply with the section 
3010 notification requirements, and (3) apply for a permit under part 
270 of this chapter.
    If the owner or operator has done all of the above, he qualifies for 
interim status, and he must comply with the part 265 rules. These rules 
contain administrative requirements, monitoring and closure standards, 
and an abbreviated set of technical and closure and post-closure cost 
estimate requirements. The owner or operator must comply with these 
standards until final administrative disposition of his permit 
application is made. If a permit is issued to the owner or operator, he 
must then comply with the permit which will be based on the part 264 
rules.
    If the owner or operator has not carried out the above three 
requirements, he does not qualify for interim status. Until he is issued 
a permit for his facility, the owner or operator must stop waste 
management operations (if any) at the facility, and send his hazardous 
waste (if any) to a facility whose owner or operator has interim status 
or to a storage facility following the part 262 rules.
    In order to apply for a permit, the owner or operator must comply 
with the procedures specified in part 270 of this chapter.
    It should be noted that the Agency will be periodically revising the 
rules depicted in Figures 3 and 4. All persons are encouraged to write 
to EPA to verify that the regulations which they are reading are up-to-
date. To obtain this verification, contact: Solid Waste Information, 
U.S. Environmental Protection Agency, 26 West St. Clair Street, 
Cincinnati, Ohio 45268 (513) 684-5362.

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




                            Subpart A_General

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

[[Page 35]]

261.9 Requirements for Universal Waste.

  Subpart B_Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste

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

              Subpart C_Characteristics of Hazardous Waste

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

                   Subpart D_Lists of Hazardous Wastes

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

                     Subpart E_Exclusions/Exemptions

261.38 Exclusion of comparable fuel, emission-comparable fuel, and 
          syngas fuel.
261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) 
          and Processed CRT Glass Undergoing Recycling.
261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) 
          Exported for Recycling.
261.41 Notification and Recordkeeping for Used, Intact Cathode Ray Tubes 
          (CRTs) Exported for Reuse.

Subparts F-G [Reserved]

 Subpart H _Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

261.140 Applicability.
261.141 Definitions of terms as used in this subpart.
261.142 Cost estimate.
261.143 Financial assurance condition.
261.144-261.146 [Reserved].
261.147 Liability requirements.
261.148 Incapacity of owners or operators, guarantors, or financial 
          institutions.
261.149 Use of State-required mechanisms.
261.150 State assumption of responsibility.
261.151 Wording of the instruments.

Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261 [Reserved]
Appendix III to Part 261 [Reserved]
Appendix IV to Part 261 [Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261 [Reserved for Infectious Waste Treatment 
          Specifications]
Appendix VI to Part 261 [Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 260.20 and 
          260.22

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

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



                            Subpart A_General



Sec. 261.1  Purpose and scope.

    (a) This part identifies those solid wastes which are subject to 
regulation as hazardous wastes under parts 262 through 265, 268, and 
parts 270, 271, and 124 of this chapter and which are subject to the 
notification requirements of section 3010 of RCRA. In this part:
    (1) Subpart A defines the terms ``solid waste'' and ``hazardous 
waste'', identifies those wastes which are excluded from regulation 
under parts 262 through 266, 268 and 270 and establishes special 
management requirements for hazardous waste produced by conditionally 
exempt small quantity generators and hazardous waste which is recycled.
    (2) Subpart B sets forth the criteria used by EPA to identify 
characteristics of hazardous waste and to list particular hazardous 
wastes.
    (3) Subpart C identifies characteristics of hazardous waste.
    (4) Subpart D lists particular hazardous wastes.
    (b)(1) The definition of solid waste contained in this part applies 
only to wastes that also are hazardous for purposes of the regulations 
implementing subtitle C of RCRA. For example, it does not apply to 
materials (such as non-hazardous scrap, paper, textiles, or rubber) that 
are not otherwise hazardous wastes and that are recycled.
    (2) This part identifies only some of the materials which are solid 
wastes and hazardous wastes under sections

[[Page 36]]

3007, 3013, and 7003 of RCRA. A material which is not defined as a solid 
waste in this part, or is not a hazardous waste identified or listed in 
this part, is still a solid waste and a hazardous waste for purposes of 
these sections if:
    (i) In the case of sections 3007 and 3013, EPA has reason to believe 
that the material may be a solid waste within the meaning of section 
1004(27) of RCRA and a hazardous waste within the meaning of section 
1004(5) of RCRA; or
    (ii) In the case of section 7003, the statutory elements are 
established.
    (c) For the purposes of Sec. Sec. 261.2 and 261.6:
    (1) A ``spent material'' is any material that has been used and as a 
result of contamination can no longer serve the purpose for which it was 
produced without processing;
    (2) ``Sludge'' has the same meaning used in Sec. 260.10 of this 
chapter;
    (3) A ``by-product'' is a material that is not one of the primary 
products of a production process and is not solely or separately 
produced by the production process. Examples are process residues such 
as slags or distillation column bottoms. The term does not include a co-
product that is produced for the general public's use and is ordinarily 
used in the form it is produced by the process.
    (4) A material is ``reclaimed'' if it is processed to recover a 
usable product, or if it is regenerated. Examples are recovery of lead 
values from spent batteries and regeneration of spent solvents. In 
addition, for purposes of Sec. Sec. 261.2(a)(2)(ii), 261.4(a)(23), and 
261.4(a)(24) smelting, melting and refining furnaces are considered to 
be solely engaged in metals reclamation if the metal recovery from the 
hazardous secondary materials meets the same requirements as those 
specified for metals recovery from hazardous waste found in Sec. 
266.100(d)(1)-(3) of this chapter, and if the residuals meet the 
requirements specified in Sec. 266.112 of this chapter.
    (5) A material is ``used or reused'' if it is either:
    (i) Employed as an ingredient (including use as an intermediate) in 
an industrial process to make a product (for example, distillation 
bottoms from one process used as feedstock in another process). However, 
a material will not satisfy this condition if distinct components of the 
material are recovered as separate end products (as when metals are 
recovered from metal-containing secondary materials); or
    (ii) Employed in a particular function or application as an 
effective substitute for a commercial product (for example, spent pickle 
liquor used as phosphorous precipitant and sludge conditioner in 
wastewater treatment).
    (6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars, 
turnings, rods, sheets, wire) or metal pieces that may be combined 
together with bolts or soldering (e.g., radiators, scrap automobiles, 
railroad box cars), which when worn or superfluous can be recycled.
    (7) A material is ``recycled'' if it is used, reused, or reclaimed.
    (8) A material is ``accumulated speculatively'' if it is accumulated 
before being recycled. A material is not accumulated speculatively, 
however, if the person accumulating it can show that the material is 
potentially recyclable and has a feasible means of being recycled; and 
that--during the calendar year (commencing on January 1)--the amount of 
material that is recycled, or transferred to a different site for 
recycling, equals at least 75 percent by weight or volume of the amount 
of that material accumulated at the beginning of the period. In 
calculating the percentage of turnover, the 75 percent requirement is to 
be applied to each material of the same type (e.g., slags from a single 
smelting process) that is recycled in the same way (i.e., from which the 
same material is recovered or that is used in the same way). Materials 
accumulating in units that would be exempt from regulation under Sec. 
261.4(c) are not to be included in making the calculation. (Materials 
that are already defined as solid wastes also are not to be included in 
making the calculation.) Materials are no longer in this category once 
they are removed from accumulation for recycling, however.
    (9) ``Excluded scrap metal'' is processed scrap metal, unprocessed 
home scrap metal, and unprocessed prompt scrap metal.

[[Page 37]]

    (10) ``Processed scrap metal'' is scrap metal which has been 
manually or physically altered to either separate it into distinct 
materials to enhance economic value or to improve the handling of 
materials. Processed scrap metal includes, but is not limited to scrap 
metal which has been baled, shredded, sheared, chopped, crushed, 
flattened, cut, melted, or separated by metal type (i.e., sorted), and, 
fines, drosses and related materials which have been agglomerated. 
(Note: shredded circuit boards being sent for recycling are not 
considered processed scrap metal. They are covered under the exclusion 
from the definition of solid waste for shredded circuit boards being 
recycled (Sec. 261.4(a)(13)).
    (11) ``Home scrap metal'' is scrap metal as generated by steel 
mills, foundries, and refineries such as turnings, cuttings, punchings, 
and borings.
    (12) ``Prompt scrap metal'' is scrap metal as generated by the metal 
working/fabrication industries and includes such scrap metal as 
turnings, cuttings, punchings, and borings. Prompt scrap is also known 
as industrial or new scrap metal.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 
1986; 62 FR 26018, May 12, 1997; 73 FR 64760, Oct. 30, 2008]



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
under Sec. 261.4(a) or that is not excluded by a variance granted under 
Sec. Sec. 260.30 and 260.31 or that is not excluded by a non-waste 
determination under Sec. Sec. 260.30 and 260.34.
    (2)(i) A discarded material is any material which is:
    (A) Abandoned, as explained in paragraph (b) of this section; or
    (B) Recycled, as explained in paragraph (c) of this section; or
    (C) Considered inherently waste-like, as explained in paragraph (d) 
of this section; or
    (D) A military munition identified as a solid waste in Sec. 
266.202.
    (ii) A hazardous secondary material is not discarded if it is 
generated and reclaimed under the control of the generator as defined in 
Sec. 260.10, it is not speculatively accumulated as defined in Sec. 
261.1(c)(8), it is handled only in non-land-based units and is contained 
in such units, it is generated and reclaimed within the United States 
and its territories, it is not otherwise subject to material-specific 
management conditions under Sec. 261.4(a) when reclaimed, it is not a 
spent lead acid battery (see Sec. 266.80 and Sec. 273.2), it does not 
meet the listing description for K171 or K172 in Sec. 261.32, and the 
reclamation of the material is legitimate, as specified under Sec. 
260.43. (See also the notification requirements of Sec. 260.42). (For 
hazardous secondary materials managed in land-based units, see Sec. 
261.4(a)(23)).
    (b) Materials are solid waste if they are abandoned by being:
    (1) Disposed of; or
    (2) Burned or incinerated; or
    (3) Accumulated, stored, or treated (but not recycled) before or in 
lieu of being abandoned by being disposed of, burned, or incinerated.
    (c) Materials are solid wastes if they are recycled--or accumulated, 
stored, or treated before recycling--as specified in paragraphs (c)(1) 
through (4) of this section.
    (1) Used in a manner constituting disposal. (i) Materials noted with 
a ``*'' in Column 1 of Table 1 are solid wastes when they are:
    (A) Applied to or placed on the land in a manner that constitutes 
disposal; or
    (B) Used to produce products that are applied to or placed on the 
land or are otherwise contained in products that are applied to or 
placed on the land (in which cases the product itself remains a solid 
waste).
    (ii) However, commercial chemical products listed in Sec. 261.33 
are not solid wastes if they are applied to the land and that is their 
ordinary manner of use.
    (2) Burning for energy recovery. (i) Materials noted with a ``*'' in 
column 2 of Table 1 are solid wastes when they are:
    (A) Burned to recover energy;
    (B) Used to produce a fuel or are otherwise contained in fuels (in 
which cases the fuel itself remains a solid waste).

[[Page 38]]

    (ii) However, commercial chemical products listed in Sec. 261.33 
are not solid wastes if they are themselves fuels.
    (3) Reclaimed. Materials noted with a ``--'' in column 3 of Table 1 
are not solid wastes when reclaimed. Materials noted with an ``*'' in 
column 3 of Table 1 are solid wastes when reclaimed unless they meet the 
requirements of Sec. Sec. 261.2(a)(2)(ii), or 261.4(a)(17), or 
261.4(a)(23), or 261.4(a)(24) or 261.4(a)(25).
    (4) Accumulated speculatively. Materials noted with a ``*'' in 
column 4 of Table 1 are solid wastes when accumulated speculatively.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                              Reclamation
                                                                            (261.2(c)(3)),
                                                                               except as
                                                                           provided in Sec.      Speculative
                                   Use constituting    Energy recovery/          Sec.        accumulation (Sec.
                                    disposal  (Sec.      fuel  (Sec.     261.2(a)(2)(ii),       261.2(c)(4))
                                     261.2(c)(1))        261.2(c)(2))        261.4(a)(17),
                                                                             261.4(a)(23),
                                                                           261.4(a)(24), or
                                                                             261.4(a)(25)
----------------------------------------------------------------------------------------------------------------
                                                  1                   2                   3                   4
----------------------------------------------------------------------------------------------------------------
Spent Materials.................                (*)                 (*)                 (*)                 (*)
Sludges (listed in 40 CFR Part                  (*)                 (*)                 (*)                 (*)
 261.31 or 261.32)..............
Sludges exhibiting a                            (*)                 (*)                  --                 (*)
 characteristic of hazardous
 waste..........................
By-products (listed in 40 CFR                   (*)                 (*)                 (*)                 (*)
 261.31 or 261.32)..............
By-products exhibiting a                        (*)                 (*)                  --                 (*)
 characteristic of hazardous
 waste..........................
Commercial chemical products                    (*)                 (*)                  --                  --
 listed in 40 CFR 261.33........
Scrap metal other than excluded                 (*)                 (*)                 (*)                 (*)
 scrap metal (see 261.1(c)(9))..
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
  metal'' are defined in Sec.  261.1.

    (d) Inherently waste-like materials. The following materials are 
solid wastes when they are recycled in any manner:
    (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to 
make a product at the site of generation), F022, F023, F026, and F028.
    (2) Secondary materials fed to a halogen acid furnace that exhibit a 
characteristic of a hazardous waste or are listed as a hazardous waste 
as defined in subparts C or D of this part, except for brominated 
material that meets the following criteria:
    (i) The material must contain a bromine concentration of at least 
45%; and
    (ii) The material must contain less than a total of 1% of toxic 
organic compounds listed in appendix VIII; and
    (iii) The material is processed continually on-site in the halogen 
acid furnace via direct conveyance (hard piping).
    (3) The Administrator will use the following criteria to add wastes 
to that list:
    (i)(A) The materials are ordinarily disposed of, burned, or 
incinerated; or
    (B) The materials contain toxic constituents listed in appendix VIII 
of part 261 and these constituents are not ordinarily found in raw 
materials or products for which the materials substitute (or are found 
in raw materials or products in smaller concentrations) and are not used 
or reused during the recycling process; and
    (ii) The material may pose a substantial hazard to human health and 
the environment when recycled.
    (e) Materials that are not solid waste when recycled. (1) Materials 
are not solid wastes when they can be shown to be recycled by being:
    (i) Used or reused as ingredients in an industrial process to make a 
product, provided the materials are not being reclaimed; or
    (ii) Used or reused as effective substitutes for commercial 
products; or

[[Page 39]]

    (iii) Returned to the original process from which they are 
generated, without first being reclaimed or land disposed. The material 
must be returned as a substitute for feedstock materials. In cases where 
the original process to which the material is returned is a secondary 
process, the materials must be managed such that there is no placement 
on the land. In cases where the materials are generated and reclaimed 
within the primary mineral processing industry, the conditions of the 
exclusion found at Sec. 261.4(a)(17) apply rather than this paragraph.
    (2) The following materials are solid wastes, even if the recycling 
involves use, reuse, or return to the original process (described in 
paragraphs (e)(1) (i) through (iii) of this section):
    (i) Materials used in a manner constituting disposal, or used to 
produce products that are applied to the land; or
    (ii) Materials burned for energy recovery, used to produce a fuel, 
or contained in fuels; or
    (iii) Materials accumulated speculatively; or
    (iv) Materials listed in paragraphs (d)(1) and (d)(2) of this 
section.
    (f) Documentation of claims that materials are not solid wastes or 
are conditionally exempt from regulation. Respondents in actions to 
enforce regulations implementing subtitle C of RCRA who raise a claim 
that a certain material is not a solid waste, or is conditionally exempt 
from regulation, must demonstrate that there is a known market or 
disposition for the material, and that they meet the terms of the 
exclusion or exemption. In doing so, they must provide appropriate 
documentation (such as contracts showing that a second person uses the 
material as an ingredient in a production process) to demonstrate that 
the material is not a waste, or is exempt from regulation. In addition, 
owners or operators of facilities claiming that they actually are 
recycling materials must show that they have the necessary equipment to 
do so.

[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002; 71 FR 
40258, July 14, 2006; 73 FR 64760, Oct. 30, 2008]



Sec. 261.3  Definition of hazardous waste.

    (a) A solid waste, as defined in Sec. 261.2, is a hazardous waste 
if:
    (1) It is not excluded from regulation as a hazardous waste under 
Sec. 261.4(b); and
    (2) It meets any of the following criteria:
    (i) It exhibits any of the characteristics of hazardous waste 
identified in subpart C of this part. However, any mixture of a waste 
from the extraction, beneficiation, and processing of ores and minerals 
excluded under Sec. 261.4(b)(7) and any other solid waste exhibiting a 
characteristic of hazardous waste under subpart C is a hazardous waste 
only if it exhibits a characteristic that would not have been exhibited 
by the excluded waste alone if such mixture had not occurred, or if it 
continues to exhibit any of the characteristics exhibited by the non-
excluded wastes prior to mixture. Further, for the purposes of applying 
the Toxicity Characteristic to such mixtures, the mixture is also a 
hazardous waste if it exceeds the maximum concentration for any 
contaminant listed in table 1 to Sec. 261.24 that would not have been 
exceeded by the excluded waste alone if the mixture had not occurred or 
if it continues to exceed the maximum concentration for any contaminant 
exceeded by the nonexempt waste prior to mixture.
    (ii) It is listed in subpart D of this part and has not been 
excluded from the lists in subpart D of this part under Sec. Sec. 
260.20 and 260.22 of this chapter.
    (iii) [Reserved]
    (iv) It is a mixture of solid waste and one or more hazardous wastes 
listed in subpart D of this part and has not been excluded from 
paragraph (a)(2) of this section under Sec. Sec. 260.20 and 260.22, 
paragraph (g) of this section, or paragraph

[[Page 40]]

(h) of this section; however, the following mixtures of solid wastes and 
hazardous wastes listed in subpart D of this part are not hazardous 
wastes (except by application of paragraph (a)(2)(i) or (ii) of this 
section) if the generator can demonstrate that the mixture consists of 
wastewater the discharge of which is subject to regulation under either 
section 402 or section 307(b) of the Clean Water Act (including 
wastewater at facilities which have eliminated the discharge of 
wastewater) and;
    (A) One or more of the following spent solvents listed in Sec. 
261.31--benzene, carbon tetrachloride, tetrachloroethylene, 
trichloroethylene or the scrubber waters derived-from the combustion of 
these spent solvents--Provided, That the maximum total weekly usage of 
these solvents (other than the amounts that can be demonstrated not to 
be discharged to wastewater) divided by the average weekly flow of 
wastewater into the headworks of the facility's wastewater treatment or 
pretreatment system does not exceed 1 part per million, OR the total 
measured concentration of these solvents entering the headworks of the 
facility's wastewater treatment system (at facilities subject to 
regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, 
or 63, or at facilities subject to an enforceable limit in a federal 
operating permit that minimizes fugitive emissions), does not exceed 1 
part per million on an average weekly basis. Any facility that uses 
benzene as a solvent and claims this exemption must use an aerated 
biological wastewater treatment system and must use only lined surface 
impoundments or tanks prior to secondary clarification in the wastewater 
treatment system. Facilities that choose to measure concentration levels 
must file a copy of their sampling and analysis plan with the Regional 
Administrator, or State Director, as the context requires, or an 
authorized representative (``Director'' as defined in 40 CFR 270.2). A 
facility must file a copy of a revised sampling and analysis plan only 
if the initial plan is rendered inaccurate by changes in the facility's 
operations. The sampling and analysis plan must include the monitoring 
point location (headworks), the sampling frequency and methodology, and 
a list of constituents to be monitored. A facility is eligible for the 
direct monitoring option once they receive confirmation that the 
sampling and analysis plan has been received by the Director. The 
Director may reject the sampling and analysis plan if he/she finds that, 
the sampling and analysis plan fails to include the above information; 
or the plan parameters would not enable the facility to calculate the 
weekly average concentration of these chemicals accurately. If the 
Director rejects the sampling and analysis plan or if the Director finds 
that the facility is not following the sampling and analysis plan, the 
Director shall notify the facility to cease the use of the direct 
monitoring option until such time as the bases for rejection are 
corrected; or
    (B) One or more of the following spent solvents listed in Sec. 
261.31-methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-
dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl 
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent 
chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters 
derived-from the combustion of these spent solvents--Provided That the 
maximum total weekly usage of these solvents (other than the amounts 
that can be demonstrated not to be discharged to wastewater) divided by 
the average weekly flow of wastewater into the headworks of the 
facility's wastewater treatment or pretreatment system does not exceed 
25 parts per million, OR the total measured concentration of these 
solvents entering the headworks of the facility's wastewater treatment 
system (at facilities subject to regulation under the Clean Air Act as 
amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an 
enforceable limit in a federal operating permit that minimizes fugitive 
emissions), does not exceed 25 parts per million on an average weekly 
basis. Facilities that choose to measure concentration levels must file 
a copy of their sampling and analysis plan with the Regional 
Administrator, or State Director, as the context requires, or an 
authorized representative (``Director'' as defined in 40 CFR 270.2). A 
facility must file a copy of a revised

[[Page 41]]

sampling and analysis plan only if the initial plan is rendered 
inaccurate by changes in the facility's operations. The sampling and 
analysis plan must include the monitoring point location (headworks), 
the sampling frequency and methodology, and a list of constituents to be 
monitored. A facility is eligible for the direct monitoring option once 
they receive confirmation that the sampling and analysis plan has been 
received by the Director. The Director may reject the sampling and 
analysis plan if he/she finds that, the sampling and analysis plan fails 
to include the above information; or the plan parameters would not 
enable the facility to calculate the weekly average concentration of 
these chemicals accurately. If the Director rejects the sampling and 
analysis plan or if the Director finds that the facility is not 
following the sampling and analysis plan, the Director shall notify the 
facility to cease the use of the direct monitoring option until such 
time as the bases for rejection are corrected; or
    (C) One of the following wastes listed in Sec. 261.32, provided 
that the wastes are discharged to the refinery oil recovery sewer before 
primary oil/water/solids separation--heat exchanger bundle cleaning 
sludge from the petroleum refining industry (EPA Hazardous Waste No. 
K050), crude oil storage tank sediment from petroleum refining 
operations (EPA Hazardous Waste No. K169), clarified slurry oil tank 
sediment and/or in-line filter/separation solids from petroleum refining 
operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst 
(EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172); or
    (D) A discarded hazardous waste, commercial chemical product, or 
chemical intermediate listed in Sec. Sec. 261.31 through 261.33, 
arising from de minimis losses of these materials. For purposes of this 
paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to a 
wastewater treatment system, including those from normal material 
handling operations (e.g., spills from the unloading or transfer of 
materials from bins or other containers, leaks from pipes, valves or 
other devices used to transfer materials); minor leaks of process 
equipment, storage tanks or containers; leaks from well maintained pump 
packings and seals; sample purgings; relief device discharges; 
discharges from safety showers and rinsing and cleaning of personal 
safety equipment; and rinsate from empty containers or from containers 
that are rendered empty by that rinsing. Any manufacturing facility that 
claims an exemption for de minimis quantities of wastes listed in 
Sec. Sec. 261.31 through 261.32, or any nonmanufacturing facility that 
claims an exemption for de minimis quantities of wastes listed in 
subpart D of this part must either have eliminated the discharge of 
wastewaters or have included in its Clean Water Act permit application 
or submission to its pretreatment control authority the constituents for 
which each waste was listed (in 40 CFR 261 appendix VII) of this part; 
and the constituents in the table ``Treatment Standards for Hazardous 
Wastes'' in 40 CFR 268.40 for which each waste has a treatment standard 
(i.e., Land Disposal Restriction constituents). A facility is eligible 
to claim the exemption once the permit writer or control authority has 
been notified of possible de minimis releases via the Clean Water Act 
permit application or the pretreatment control authority submission. A 
copy of the Clean Water permit application or the submission to the 
pretreatment control authority must be placed in the facility's on-site 
files; or
    (E) Wastewater resulting from laboratory operations containing toxic 
(T) wastes listed in subpart D of this part, Provided, That the 
annualized average flow of laboratory wastewater does not exceed one 
percent of total wastewater flow into the headworks of the facility's 
wastewater treatment or pre-treatment system or provided the wastes, 
combined annualized average concentration does not exceed one part per 
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are 
demonstrated not to be discharged to wastewater are not to be included 
in this calculation; or
    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and

[[Page 42]]

carbamoyl oximes (EPA Hazardous Waste No. K157)--Provided that the 
maximum weekly usage of formaldehyde, methyl chloride, methylene 
chloride, and triethylamine (including all amounts that cannot be 
demonstrated to be reacted in the process, destroyed through treatment, 
or is recovered, i.e., what is discharged or volatilized) divided by the 
average weekly flow of process wastewater prior to any dilution into the 
headworks of the facility's wastewater treatment system does not exceed 
a total of 5 parts per million by weight OR the total measured 
concentration of these chemicals entering the headworks of the 
facility's wastewater treatment system (at facilities subject to 
regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, 
or 63, or at facilities subject to an enforceable limit in a federal 
operating permit that minimizes fugitive emissions), does not exceed 5 
parts per million on an average weekly basis. Facilities that choose to 
measure concentration levels must file copy of their sampling and 
analysis plan with the Regional Administrator, or State Director, as the 
context requires, or an authorized representative (``Director'' as 
defined in 40 CFR 270.2). A facility must file a copy of a revised 
sampling and analysis plan only if the initial plan is rendered 
inaccurate by changes in the facility's operations. The sampling and 
analysis plan must include the monitoring point location (headworks), 
the sampling frequency and methodology, and a list of constituents to be 
monitored. A facility is eligible for the direct monitoring option once 
they receive confirmation that the sampling and analysis plan has been 
received by the Director. The Director may reject the sampling and 
analysis plan if he/she finds that, the sampling and analysis plan fails 
to include the above information; or the plan parameters would not 
enable the facility to calculate the weekly average concentration of 
these chemicals accurately. If the Director rejects the sampling and 
analysis plan or if the Director finds that the facility is not 
following the sampling and analysis plan, the Director shall notify the 
facility to cease the use of the direct monitoring option until such 
time as the bases for rejection are corrected; or
    (G) Wastewaters derived-from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156).--Provided, that the maximum concentration of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
prior to any dilutions into the headworks of the facility's wastewater 
treatment system does not exceed a total of 5 milligrams per liter OR 
the total measured concentration of these chemicals entering the 
headworks of the facility's wastewater treatment system (at facilities 
subject to regulation under the Clean Air Act as amended, at 40 CFR 
parts 60, 61, or 63, or at facilities subject to an enforceable limit in 
a federal operating permit that minimizes fugitive emissions), does not 
exceed 5 milligrams per liter on an average weekly basis. Facilities 
that choose to measure concentration levels must file copy of their 
sampling and analysis plan with the Regional Administrator, or State 
Director, as the context requires, or an authorized representative 
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy 
of a revised sampling and analysis plan only if the initial plan is 
rendered inaccurate by changes in the facility's operations. The 
sampling and analysis plan must include the monitoring point location 
(headworks), the sampling frequency and methodology, and a list of 
constituents to be monitored. A facility is eligible for the direct 
monitoring option once they receive confirmation that the sampling and 
analysis plan has been received by the Director. The Director may reject 
the sampling and analysis plan if he/she finds that, the sampling and 
analysis plan fails to include the above information; or the plan 
parameters would not enable the facility to calculate the weekly average 
concentration of these chemicals accurately. If the Director rejects the 
sampling and analysis plan or if the Director finds that the facility is 
not following the sampling and analysis plan,

[[Page 43]]

the Director shall notify the facility to cease the use of the direct 
monitoring option until such time as the bases for rejection are 
corrected.
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 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, 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).
    (b) A solid waste which is not excluded from regulation under 
paragraph (a)(1) of this section becomes a hazardous waste when any of 
the following events occur:
    (1) In the case of a waste listed in subpart D of this part, when 
the waste first meets the listing description set forth in subpart D of 
this part.
    (2) In the case of a mixture of solid waste and one or more listed 
hazardous wastes, when a hazardous waste listed in subpart D is first 
added to the solid waste.
    (3) In the case of any other waste (including a waste mixture), when 
the waste exhibits any of the characteristics identified in subpart C of 
this part.
    (c) Unless and until it meets the criteria of paragraph (d) of this 
section:
    (1) A hazardous waste will remain a hazardous waste.
    (2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or 
(h) of this section, any solid waste generated from the treatment, 
storage, or disposal of a hazardous waste, including any sludge, spill 
residue, ash emission control dust, or leachate (but not including 
precipitation run-off) is a hazardous waste. (However, materials that 
are reclaimed from solid wastes and that are used beneficially are not 
solid wastes and hence are not hazardous wastes under this provision 
unless the reclaimed material is burned for energy recovery or used in a 
manner constituting disposal.)
    (ii) The following solid wastes are not hazardous even though they 
are generated from the treatment, storage, or disposal of a hazardous 
waste, unless they exhibit one or more of the characteristics of 
hazardous waste:
    (A) Waste pickle liquor sludge generated by lime stabilization of 
spent pickle liquor from the iron and steel industry (SIC Codes 331 and 
332).
    (B) Waste from burning any of the materials exempted from regulation 
by Sec. 261.6(a)(3)(iii) and (iv).
    (C)(1) Nonwastewater residues, such as slag, resulting from high 
temperature metals recovery (HTMR) processing of K061, K062 or F006 
waste, in units identified as rotary kilns, flame reactors, electric 
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations or industrial furnaces (as defined in 
paragraphs (6), (7), and (13) of the definition for ``Industrial 
furnace'' in 40 CFR 260.10), that are disposed in subtitle D units, 
provided that these residues meet the generic exclusion levels 
identified in the tables in this paragraph for all constituents, and 
exhibit no characteristics of hazardous waste. Testing requirements must 
be incorporated in a facility's waste analysis plan or a generator's 
self-implementing waste analysis plan; at a minimum, composite samples 
of residues must be collected and analyzed quarterly and/or when the 
process or operation generating the waste changes. Persons claiming this 
exclusion in an enforcement action will have the burden of proving by 
clear and convincing evidence that the material meets all of the 
exclusion requirements.

------------------------------------------------------------------------
                                                         Maximum for any
                                                              single
                      Constituent                           composite
                                                           sample--TCLP
                                                              (mg/l)
------------------------------------------------------------------------
 Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony...............................................            0.10
Arsenic................................................            0.50
Barium.................................................            7.6
Beryllium..............................................            0.010
Cadmium................................................            0.050
Chromium (total).......................................            0.33
Lead...................................................            0.15
Mercury................................................            0.009
Nickel.................................................            1.0
Selenium...............................................            0.16
Silver.................................................            0.30
Thallium...............................................            0.020
Zinc...................................................           70
------------------------------------------------------------------------

[[Page 44]]

 
      Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony...............................................            0.10
Arsenic................................................            0.50
Barium.................................................            7.6
Beryllium..............................................            0.010
Cadmium................................................            0.050
Chromium (total).......................................            0.33
Cyanide (total) (mg/kg)................................            1.8
Lead...................................................            0.15
Mercury................................................            0.009
Nickel.................................................            1.0
Selenium...............................................            0.16
Silver.................................................            0.30
Thallium...............................................            0.020
Zinc...................................................           70
------------------------------------------------------------------------

    (2) A one-time notification and certification must be placed in the 
facility's files and sent to the EPA region or authorized state for 
K061, K062 or F006 HTMR residues that meet the generic exclusion levels 
for all constituents and do not exhibit any characteristics that are 
sent to subtitle D units. The notification and certification that is 
placed in the generators or treaters files must be updated if the 
process or operation generating the waste changes and/or if the subtitle 
D unit receiving the waste changes. However, the generator or treater 
need only notify the EPA region or an authorized state on an annual 
basis if such changes occur. Such notification and certification should 
be sent to the EPA region or authorized state by the end of the calendar 
year, but no later than December 31. The notification must include the 
following information: The name and address of the subtitle D unit 
receiving the waste shipments; the EPA Hazardous Waste Number(s) and 
treatability group(s) at the initial point of generation; and, the 
treatment standards applicable to the waste at the initial point of 
generation. The certification must be signed by an authorized 
representative and must state as follows: ``I certify under penalty of 
law that the generic exclusion levels for all constituents have been met 
without impermissible dilution and that no characteristic of hazardous 
waste is exhibited. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.''
    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156), and wastewaters from the production of 
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
    (E) Catalyst inert support media separated from one of the following 
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA 
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172).
    (d) Any solid waste described in paragraph (c) of this section is 
not a hazardous waste if it meets the following criteria:
    (1) In the case of any solid waste, it does not exhibit any of the 
characteristics of hazardous waste identified in subpart C of this part. 
(However, wastes that exhibit a characteristic at the point of 
generation may still be subject to the requirements of part 268, even if 
they no longer exhibit a characteristic at the point of land disposal.)
    (2) In the case of a waste which is a listed waste under subpart D 
of this part, contains a waste listed under subpart D of this part or is 
derived from a waste listed in subpart D of this part, it also has been 
excluded from paragraph (c) of this section under Sec. Sec. 260.20 and 
260.22 of this chapter.
    (e) [Reserved]
    (f) Notwithstanding paragraphs (a) through (d) of this section and 
provided the debris as defined in part 268 of this chapter does not 
exhibit a characteristic identified at subpart C of this part, the 
following materials are not subject to regulation under 40 CFR parts 
260, 261 to 266, 268, or 270:
    (1) Hazardous debris as defined in part 268 of this chapter that has 
been treated using one of the required extraction or destruction 
technologies specified in Table 1 of Sec. 268.45 of this chapter; 
persons claiming this exclusion in an enforcement action will have the 
burden of proving by clear and convincing evidence that the material 
meets all of the exclusion requirements; or

[[Page 45]]

    (2) Debris as defined in part 268 of this chapter that the Regional 
Administrator, considering the extent of contamination, has determined 
is no longer contaminated with hazardous waste.
    (g)(1) A hazardous waste that is listed in subpart D of this part 
solely because it exhibits one or more characteristics of ignitability 
as defined under Sec. 261.21, corrosivity as defined under Sec. 
261.22, or reactivity as defined under Sec. 261.23 is not a hazardous 
waste, if the waste no longer exhibits any characteristic of hazardous 
waste identified in subpart C of this part.
    (2) The exclusion described in paragraph (g)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and a hazardous waste listed in 
subpart D of this part solely because it exhibits the characteristics of 
ignitability, corrosivity, or reactivity as regulated under paragraph 
(a)(2)(iv) of this section; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of a hazardous waste listed in subpart D of this part solely because it 
exhibits the characteristics of ignitability, corrosivity, or reactivity 
as regulated under paragraph (c)(2)(i) of this section.
    (3) Wastes excluded under this section are subject to part 268 of 
this chapter (as applicable), even if they no longer exhibit a 
characteristic at the point of land disposal.
    (4) Any mixture of a solid waste excluded from regulation under 
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part 
solely because it exhibits one or more of the characteristics of 
ignitability, corrosivity, or reactivity as regulated under paragraph 
(a)(2)(iv) of this section is not a hazardous waste, if the mixture no 
longer exhibits any characteristic of hazardous waste identified in 
subpart C of this part for which the hazardous waste listed in subpart D 
of this part was listed.
    (h)(1) Hazardous waste containing radioactive waste is no longer a 
hazardous waste when it meets the eligibility criteria and conditions of 
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
    (2) The exemption described in paragraph (h)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and an eligible radioactive mixed 
waste; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of an eligible radioactive mixed waste.
    (3) Waste exempted under this section must meet the eligibility 
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230 
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315 
(for transportation and disposal). Waste that fails to satisfy these 
eligibility criteria and conditions is regulated as hazardous waste.

[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16, 
2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR 
57784, Oct. 4, 2005; 71 FR 40258, July 14, 2006]



Sec. 261.4  Exclusions.

    (a) Materials which are not solid wastes. The following materials 
are not solid wastes for the purpose of this part:
    (1)(i) Domestic sewage; and
    (ii) Any mixture of domestic sewage and other wastes that passes 
through a sewer system to a publicly-owned treatment works for 
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass 
through a sewer system.
    (2) Industrial wastewater discharges that are point source 
discharges subject to regulation under section 402 of the Clean Water 
Act, as amended.

[Comment: This exclusion applies only to the actual point source 
discharge. It does not exclude industrial wastewaters while they are 
being collected, stored or treated before discharge, nor does it exclude 
sludges that are generated by industrial wastewater treatment.]

    (3) Irrigation return flows.
    (4) Source, special nuclear or by-product material as defined by the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.

[[Page 46]]

    (5) Materials subjected to in-situ mining techniques which are not 
removed from the ground as part of the extraction process.
    (6) Pulping liquors (i.e., black liquor) that are reclaimed in a 
pulping liquor recovery furnace and then reused in the pulping process, 
unless it is accumulated speculatively as defined in Sec. 261.1(c) of 
this chapter.
    (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless 
it is accumulated speculatively as defined in Sec. 261.1(c) of this 
chapter.
    (8) Secondary materials that are reclaimed and returned to the 
original process or processes in which they were generated where they 
are reused in the production process provided:
    (i) Only tank storage is involved, and the entire process through 
completion of reclamation is closed by being entirely connected with 
pipes or other comparable enclosed means of conveyance;
    (ii) Reclamation does not involve controlled flame combustion (such 
as occurs in boilers, industrial furnaces, or incinerators);
    (iii) The secondary materials are never accumulated in such tanks 
for over twelve months without being reclaimed; and
    (iv) The reclaimed material is not used to produce a fuel, or used 
to produce products that are used in a manner constituting disposal.
    (9)(i) Spent wood preserving solutions that have been reclaimed and 
are reused for their original intended purpose; and
    (ii) Wastewaters from the wood preserving process that have been 
reclaimed and are reused to treat wood.
    (iii) Prior to reuse, the wood preserving wastewaters and spent wood 
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of 
this section, so long as they meet all of the following conditions:
    (A) The wood preserving wastewaters and spent wood preserving 
solutions are reused on-site at water borne plants in the production 
process for their original intended purpose;
    (B) Prior to reuse, the wastewaters and spent wood preserving 
solutions are managed to prevent release to either land or groundwater 
or both;
    (C) Any unit used to manage wastewaters and/or spent wood preserving 
solutions prior to reuse can be visually or otherwise determined to 
prevent such releases;
    (D) Any drip pad used to manage the wastewaters and/or spent wood 
preserving solutions prior to reuse complies with the standards in part 
265, subpart W of this chapter, regardless of whether the plant 
generates a total of less than 100 kg/month of hazardous waste; and
    (E) Prior to operating pursuant to this exclusion, the plant owner 
or operator prepares a one-time notification stating that the plant 
intends to claim the exclusion, giving the date on which the plant 
intends to begin operating under the exclusion, and containing the 
following language: ``I have read the applicable regulation establishing 
an exclusion for wood preserving wastewaters and spent wood preserving 
solutions and understand it requires me to comply at all times with the 
conditions set out in the regulation.'' The plant must maintain a copy 
of that document in its on-site records until closure of the facility. 
The exclusion applies so long as the plant meets all of the conditions. 
If the plant goes out of compliance with any condition, it may apply to 
the appropriate Regional Administrator or state Director for 
reinstatement. The Regional Administrator or state Director may 
reinstate the exclusion upon finding that the plant has returned to 
compliance with all conditions and that the violations are not likely to 
recur.
    (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, 
K145, K147, and K148, and any wastes from the coke by-products processes 
that are hazardous only because they exhibit the Toxicity Characteristic 
(TC) specified in section 261.24 of this part when, subsequent to 
generation, these materials are recycled to coke ovens, to the tar 
recovery process as a feedstock to produce coal tar, or mixed with coal 
tar prior to the tar's sale or refining. This exclusion is conditioned 
on there being no land disposal of the wastes from the point they are 
generated to the point they are recycled to coke ovens or tar recovery 
or refining processes, or mixed with coal tar.

[[Page 47]]

    (11) Nonwastewater splash condenser dross residue from the treatment 
of K061 in high temperature metals recovery units, provided it is 
shipped in drums (if shipped) and not land disposed before recovery.
    (12)(i) Oil-bearing hazardous secondary materials (i.e., sludges, 
byproducts, or spent materials) that are generated at a petroleum 
refinery (SIC code 2911) and are inserted into the petroleum refining 
process (SIC code 2911--including, but not limited to, distillation, 
catalytic cracking, fractionation, gasification (as defined in 40 CFR 
260.10) or thermal cracking units (i.e., cokers)) unless the material is 
placed on the land, or speculatively accumulated before being so 
recycled. Materials inserted into thermal cracking units are excluded 
under this paragraph, provided that the coke product also does not 
exhibit a characteristic of hazardous waste. Oil-bearing hazardous 
secondary materials may be inserted into the same petroleum refinery 
where they are generated, or sent directly to another petroleum refinery 
and still be excluded under this provision. Except as provided in 
paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary 
materials generated elsewhere in the petroleum industry (i.e., from 
sources other than petroleum refineries) are not excluded under this 
section. Residuals generated from processing or recycling materials 
excluded under this paragraph (a)(12)(i), where such materials as 
generated would have otherwise met a listing under subpart D of this 
part, are designated as F037 listed wastes when disposed of or intended 
for disposal.
    (ii) Recovered oil that is recycled in the same manner and with the 
same conditions as described in paragraph (a)(12)(i) of this section. 
Recovered oil is oil that has been reclaimed from secondary materials 
(including wastewater) generated from normal petroleum industry 
practices, including refining, exploration and production, bulk storage, 
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil 
does not include oil-bearing hazardous wastes listed in subpart D of 
this part; however, oil recovered from such wastes may be considered 
recovered oil. Recovered oil does not include used oil as defined in 40 
CFR 279.1.
    (13) Excluded scrap metal (processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal) being recycled.
    (14) Shredded circuit boards being recycled provided that they are:
    (i) Stored in containers sufficient to prevent a release to the 
environment prior to recovery; and
    (ii) Free of mercury switches, mercury relays and nickel-cadmium 
batteries and lithium batteries.
    (15) Condensates derived from the overhead gases from kraft mill 
steam strippers that are used to comply with 40 CFR 63.446(e). The 
exemption applies only to combustion at the mill generating the 
condensates.
    (16) Comparable fuels, emission-comparable fuels, or comparable 
syngas fuels that meet the requirements of Sec. 261.38.
    (17) Spent materials (as defined in Sec. 261.1) (other than 
hazardous wastes listed in subpart D of this part) generated within the 
primary mineral processing industry from which minerals, acids, cyanide, 
water, or other values are recovered by mineral processing or by 
beneficiation, provided that:
    (i) The spent material is legitimately recycled to recover minerals, 
acids, cyanide, water or other values;
    (ii) The spent material is not accumulated speculatively;
    (iii) Except as provided in paragraph (a)(17)(iv) of this section, 
the spent material is stored in tanks, containers, or buildings meeting 
the following minimum integrity standards: a building must be an 
engineered structure with a floor, walls, and a roof all of which are 
made of non-earthen materials providing structural support (except 
smelter buildings may have partially earthen floors provided the 
secondary material is stored on the non-earthen portion), and have a 
roof suitable for diverting rainwater away from the foundation; a tank 
must be free standing, not be a surface impoundment (as defined in 40 
CFR 260.10), and be manufactured of a material suitable for containment 
of its contents; a container

[[Page 48]]

must be free standing and be manufactured of a material suitable for 
containment of its contents. If tanks or containers contain any 
particulate which may be subject to wind dispersal, the owner/operator 
must operate these units in a manner which controls fugitive dust. 
Tanks, containers, and buildings must be designed, constructed and 
operated to prevent significant releases to the environment of these 
materials.
    (iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid 
mineral processing spent material may be placed on pads rather than 
tanks containers, or buildings. Solid mineral processing spent materials 
do not contain any free liquid. The decision-maker must affirm that pads 
are designed, constructed and operated to prevent significant releases 
of the secondary material into the environment. Pads must provide the 
same degree of containment afforded by the non-RCRA tanks, containers 
and buildings eligible for exclusion.
    (A) The decision-maker must also consider if storage on pads poses 
the potential for significant releases via groundwater, surface water, 
and air exposure pathways. Factors to be considered for assessing the 
groundwater, surface water, air exposure pathways are: The volume and 
physical and chemical properties of the secondary material, including 
its potential for migration off the pad; the potential for human or 
environmental exposure to hazardous constituents migrating from the pad 
via each exposure pathway, and the possibility and extent of harm to 
human and environmental receptors via each exposure pathway.
    (B) Pads must meet the following minimum standards: Be designed of 
non-earthen material that is compatible with the chemical nature of the 
mineral processing spent material, capable of withstanding physical 
stresses associated with placement and removal, have run on/runoff 
controls, be operated in a manner which controls fugitive dust, and have 
integrity assurance through inspections and maintenance programs.
    (C) Before making a determination under this paragraph, the Regional 
Administrator or State Director must provide notice and the opportunity 
for comment to all persons potentially interested in the determination. 
This can be accomplished by placing notice of this action in major local 
newspapers, or broadcasting notice over local radio stations.
    (v) The owner or operator provides notice to the Regional 
Administrator or State Director providing the following information: The 
types of materials to be recycled; the type and location of the storage 
units and recycling processes; and the annual quantities expected to be 
placed in land-based units. This notification must be updated when there 
is a change in the type of materials recycled or the location of the 
recycling process.
    (vi) For purposes of paragraph (a)(7) of this section, mineral 
processing spent materials must be the result of mineral processing and 
may not include any listed hazardous wastes. Listed hazardous wastes and 
characteristic hazardous wastes generated by non-mineral processing 
industries are not eligible for the conditional exclusion from the 
definition of solid waste.
    (18) Petrochemical recovered oil from an associated organic chemical 
manufacturing facility, where the oil is to be inserted into the 
petroleum refining process (SIC code 2911) along with normal petroleum 
refinery process streams, provided:
    (i) The oil is hazardous only because it exhibits the characteristic 
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene 
(Sec. 261.24, waste code D018); and
    (ii) The oil generated by the organic chemical manufacturing 
facility is not placed on the land, or speculatively accumulated before 
being recycled into the petroleum refining process. An ``associated 
organic chemical manufacturing facility'' is a facility where the 
primary SIC code is 2869, but where operations may also include SIC 
codes 2821, 2822, and 2865; and is physically co-located with a 
petroleum refinery; and where the petroleum refinery to which the oil 
being recycled is returned also provides hydrocarbon feedstocks

[[Page 49]]

to the organic chemical manufacturing facility. ``Petrochemical 
recovered oil'' is oil that has been reclaimed from secondary materials 
(i.e., sludges, byproducts, or spent materials, including wastewater) 
from normal organic chemical manufacturing operations, as well as oil 
recovered from organic chemical manufacturing processes.
    (19) Spent caustic solutions from petroleum refining liquid treating 
processes used as a feedstock to produce cresylic or naphthenic acid 
unless the material is placed on the land, or accumulated speculatively 
as defined in Sec. 261.1(c).
    (20) Hazardous secondary materials used to make zinc fertilizers, 
provided that the following conditions specified are satisfied:
    (i) Hazardous secondary materials used to make zinc micronutrient 
fertilizers must not be accumulated speculatively, as defined in Sec. 
261.1 (c)(8).
    (ii) Generators and intermediate handlers of zinc-bearing hazardous 
secondary materials that are to be incorporated into zinc fertilizers 
must:
    (A) Submit a one-time notice to the Regional Administrator or State 
Director in whose jurisdiction the exclusion is being claimed, which 
contains the name, address and EPA ID number of the generator or 
intermediate handler facility, provides a brief description of the 
secondary material that will be subject to the exclusion, and identifies 
when the manufacturer intends to begin managing excluded, zinc-bearing 
hazardous secondary materials under the conditions specified in this 
paragraph (a)(20).
    (B) Store the excluded secondary material in tanks, containers, or 
buildings that are constructed and maintained in a way that prevents 
releases of the secondary materials into the environment. At a minimum, 
any building used for this purpose must be an engineered structure made 
of non-earthen materials that provide structural support, and must have 
a floor, walls and a roof that prevent wind dispersal and contact with 
rainwater. Tanks used for this purpose must be structurally sound and, 
if outdoors, must have roofs or covers that prevent contact with wind 
and rain. Containers used for this purpose must be kept closed except 
when it is necessary to add or remove material, and must be in sound 
condition. Containers that are stored outdoors must be managed within 
storage areas that:
    (1) Have containment structures or systems sufficiently impervious 
to contain leaks, spills and accumulated precipitation; and
    (2) Provide for effective drainage and removal of leaks, spills and 
accumulated precipitation; and
    (3) Prevent run-on into the containment system.
    (C) With each off-site shipment of excluded hazardous secondary 
materials, provide written notice to the receiving facility that the 
material is subject to the conditions of this paragraph (a)(20).
    (D) Maintain at the generator's or intermediate handlers's facility 
for no less than three years records of all shipments of excluded 
hazardous secondary materials. For each shipment these records must at a 
minimum contain the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of the facility that received the excluded 
material, and documentation confirming receipt of the shipment; and
    (3) Type and quantity of excluded secondary material in each 
shipment.
    (iii) Manufacturers of zinc fertilizers or zinc fertilizer 
ingredients made from excluded hazardous secondary materials must:
    (A) Store excluded hazardous secondary materials in accordance with 
the storage requirements for generators and intermediate handlers, as 
specified in paragraph (a)(20)(ii)(B) of this section.
    (B) Submit a one-time notification to the Regional Administrator or 
State Director that, at a minimum, specifies the name, address and EPA 
ID number of the manufacturing facility, and identifies when the 
manufacturer intends to begin managing excluded, zinc-bearing hazardous 
secondary materials under the conditions specified in this paragraph 
(a)(20).
    (C) Maintain for a minimum of three years records of all shipments 
of excluded hazardous secondary materials received by the manufacturer, 
which must at a minimum identify for each

[[Page 50]]

shipment the name and address of the generating facility, name of 
transporter and date the materials were received, the quantity received, 
and a brief description of the industrial process that generated the 
material.
    (D) Submit to the Regional Administrator or State Director an annual 
report that identifies the total quantities of all excluded hazardous 
secondary materials that were used to manufacture zinc fertilizers or 
zinc fertilizer ingredients in the previous year, the name and address 
of each generating facility, and the industrial process(s) from which 
they were generated.
    (iv) Nothing in this section preempts, overrides or otherwise 
negates the provision in Sec. 262.11 of this chapter, which requires 
any person who generates a solid waste to determine if that waste is a 
hazardous waste.
    (v) Interim status and permitted storage units that have been used 
to store only zinc-bearing hazardous wastes prior to the submission of 
the one-time notice described in paragraph (a)(20)(ii)(A) of this 
section, and that afterward will be used only to store hazardous 
secondary materials excluded under this paragraph, are not subject to 
the closure requirements of 40 CFR Parts 264 and 265.
    (21) Zinc fertilizers made from hazardous wastes, or hazardous 
secondary materials that are excluded under paragraph (a)(20) of this 
section, provided that:
    (i) The fertilizers meet the following contaminant limits:
    (A) For metal contaminants:

------------------------------------------------------------------------
                                                              Maximum
                                                             Allowable
                                                               Total
                                                           Concentration
                       Constituent                               in
                                                            Fertilizer,
                                                           per Unit (1%)
                                                           of Zinc (ppm)
------------------------------------------------------------------------
Arsenic..................................................           0.3
Cadmium..................................................           1.4
Chromium.................................................           0.6
Lead.....................................................           2.8
Mercury..................................................           0.3
------------------------------------------------------------------------

    (B) For dioxin contaminants the fertilizer must contain no more than 
eight (8) parts per trillion of dioxin, measured as toxic equivalent 
(TEQ).
    (ii) The manufacturer performs sampling and analysis of the 
fertilizer product to determine compliance with the contaminant limits 
for metals no less than every six months, and for dioxins no less than 
every twelve months. Testing must also be performed whenever changes 
occur to manufacturing processes or ingredients that could significantly 
affect the amounts of contaminants in the fertilizer product. The 
manufacturer may use any reliable analytical method to demonstrate that 
no constituent of concern is present in the product at concentrations 
above the applicable limits. It is the responsibility of the 
manufacturer to ensure that the sampling and analysis are unbiased, 
precise, and representative of the product(s) introduced into commerce.
    (iii) The manufacturer maintains for no less than three years 
records of all sampling and analyses performed for purposes of 
determining compliance with the requirements of paragraph (a)(21)(ii) of 
this section. Such records must at a minimum include:
    (A) The dates and times product samples were taken, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) taking the 
samples;
    (C) A description of the methods and equipment used to take the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
cleanup and sample preparation methods; and
    (F) All laboratory analytical results used to determine compliance 
with the contaminant limits specified in this paragraph (a)(21).
    (22) Used cathode ray tubes (CRTs)
    (i) Used, intact CRTs as defined in Sec. 260.10 of this chapter are 
not solid wastes within the United States unless they are disposed, or 
unless they are speculatively accumulated as defined in Sec. 
261.1(c)(8) by CRT collectors or glass processors.
    (ii) Used, intact CRTs as defined in Sec. 260.10 of this chapter 
are not solid wastes when exported for recycling provided that they meet 
the requirements of Sec. 261.40.
    (iii) Used, broken CRTs as defined in Sec. 260.10 of this chapter 
are not solid

[[Page 51]]

wastes provided that they meet the requirements of Sec. 261.39.
    (iv) Glass removed from CRTs is not a solid waste provided that it 
meets the requirements of Sec. 261.39(c).
    (23) Hazardous secondary material generated and reclaimed within the 
United States or its territories and managed in land-based units as 
defined in Sec. 260.10 of this chapter is not a solid waste provided 
that:
    (i) The material is contained;
    (ii) The material is a hazardous secondary material generated and 
reclaimed under the control of the generator, as defined in Sec. 
260.10;
    (iii) The material is not speculatively accumulated, as defined in 
Sec. 261.1(c)(8);
    (iv) The material is not otherwise subject to material-specific 
management conditions under paragraph (a) of this section when 
reclaimed, it is not a spent lead acid battery (see Sec. 266.80 and 
Sec. 273.2 of this chapter), and it does not meet the listing 
description for K171 or K172 in Sec. 261.32;
    (v) The reclamation of the material is legitimate, as specified 
under Sec. 260.43 of this chapter; and
    (vi) In addition, persons claiming the exclusion under this 
paragraph (a)(23) must provide notification as required by Sec. 260.42 
of this chapter. (For hazardous secondary material managed in a non-
land-based unit, see Sec. 261.2(a)(2)(ii)).
    (24) Hazardous secondary material that is generated and then 
transferred to another person for the purpose of reclamation is not a 
solid waste, provided that:
    (i) The material is not speculatively accumulated, as defined in 
Sec. 261.1(c)(8);
    (ii) The material is not handled by any person or facility other 
than the hazardous secondary material generator, the transporter, an 
intermediate facility or a reclaimer, and, while in transport, is not 
stored for more than 10 days at a transfer facility, as defined in Sec. 
260.10 of this chapter, and is packaged according to applicable 
Department of Transportation regulations at 49 CFR Parts 173, 178, and 
179 while in transport;
    (iii) The material is not otherwise subject to material-specific 
management conditions under paragraph (a) of this section when 
reclaimed, it is not a spent lead-acid battery (see Sec. 266.80 and 
Sec. 273.2 of this chapter), and it does not meet the listing 
description for K171 or K172 in Sec. 261.32;
    (iv) The reclamation of the material is legitimate, as specified 
under Sec. 260.43 of this chapter;
    (v) The hazardous secondary material generator satisfies all of the 
following conditions:
    (A) The material must be contained.
    (B) Prior to arranging for transport of hazardous secondary 
materials to a reclamation facility (or facilities) where the management 
of the hazardous secondary materials is not addressed under a RCRA Part 
B permit or interim status standards, the hazardous secondary material 
generator must make reasonable efforts to ensure that each reclaimer 
intends to properly and legitimately reclaim the hazardous secondary 
material and not discard it, and that each reclaimer will manage the 
hazardous secondary material in a manner that is protective of human 
health and the environment. If the hazardous secondary material will be 
passing through an intermediate facility where the management of the 
hazardous secondary materials is not addressed under a RCRA Part B 
permit or interim status standards, the hazardous secondary material 
generator must make contractual arrangements with the intermediate 
facility to ensure that the hazardous secondary material is sent to the 
reclamation facility identified by the hazardous secondary material 
generator, and the hazardous secondary material generator must perform 
reasonable efforts to ensure that the intermediate facility will manage 
the hazardous secondary material in a manner that is protective of human 
health and the environment. Reasonable efforts must be repeated at a 
minimum of every three years for the hazardous secondary material 
generator to claim the exclusion and to send the hazardous secondary 
materials to each reclaimer and any intermediate facility. In making 
these reasonable efforts, the generator may use any credible evidence 
available, including information gathered by the hazardous secondary 
material generator, provided by the reclaimer or intermediate facility, 
and/or provided by a third party. The

[[Page 52]]

hazardous secondary material generator must affirmatively answer all of 
the following questions for each reclamation facility and any 
intermediate facility:
    (1) Does the available information indicate that the reclamation 
process is legitimate pursuant to Sec. 260.43 of this chapter? In 
answering this question, the hazardous secondary material generator can 
rely on their existing knowledge of the physical and chemical properties 
of the hazardous secondary material, as well as information from other 
sources (e.g., the reclamation facility, audit reports, etc.) about the 
reclamation process. (By responding to this question, the hazardous 
secondary material generator has also satisfied its requirement in Sec. 
260.43(a) of this chapter to be able to demonstrate that the recycling 
is legitimate).
    (2) Does the publicly available information indicate that the 
reclamation facility and any intermediate facility that is used by the 
hazardous secondary material generator notified the appropriate 
authorities of hazardous secondary materials reclamation activities 
pursuant to Sec. 260.42 of this chapter and have they notified the 
appropriate authorities that the financial assurance condition is 
satisfied per paragraph (a)(24)(vi)(F) of this section? In answering 
these questions, the hazardous secondary material generator can rely on 
the available information documenting the reclamation facility's and any 
intermediate facility's compliance with the notification requirements 
per Sec. 260.42 of this chapter, including the requirement in Sec. 
260.42(a)(5) to notify EPA whether the reclaimer or intermediate 
facility has financial assurance.
    (3) Does publicly available information indicate that the 
reclamation facility or any intermediate facility that is used by the 
hazardous secondary material generator has not had any formal 
enforcement actions taken against the facility in the previous three 
years for violations of the RCRA hazardous waste regulations and has not 
been classified as a significant non-complier with RCRA Subtitle C? In 
answering this question, the hazardous secondary material generator can 
rely on the publicly available information from EPA or the state. If the 
reclamation facility or any intermediate facility that is used by the 
hazardous secondary material generator has had a formal enforcement 
action taken against the facility in the previous three years for 
violations of the RCRA hazardous waste regulations and has been 
classified as a significant non-complier with RCRA Subtitle C, does the 
hazardous secondary material generator have credible evidence that the 
facilities will manage the hazardous secondary materials properly? In 
answering this question, the hazardous secondary material generator can 
obtain additional information from EPA, the state, or the facility 
itself that the facility has addressed the violations, taken remedial 
steps to address the violations and prevent future violations, or that 
the violations are not relevant to the proper management of the 
hazardous secondary materials.
    (4) Does the available information indicate that the reclamation 
facility and any intermediate facility that is used by the hazardous 
secondary material generator have the equipment and trained personnel to 
safely recycle the hazardous secondary material? In answering this 
question, the generator may rely on a description by the reclamation 
facility or by an independent third party of the equipment and trained 
personnel to be used to recycle the generator's hazardous secondary 
material.
    (5) If residuals are generated from the reclamation of the excluded 
hazardous secondary materials, does the reclamation facility have the 
permits required (if any) to manage the residuals? If not, does the 
reclamation facility have a contract with an appropriately permitted 
facility to dispose of the residuals? If not, does the hazardous 
secondary material generator have credible evidence that the residuals 
will be managed in a manner that is protective of human health and the 
environment? In answering these questions, the hazardous secondary 
material generator can rely on publicly available information from EPA 
or the state, or information provided by the facility itself.
    (C) The hazardous secondary material generator must maintain for a

[[Page 53]]

minimum of three years documentation and certification that reasonable 
efforts were made for each reclamation facility and, if applicable, 
intermediate facility where the management of the hazardous secondary 
materials is not addressed under a RCRA Part B permit or interim status 
standards prior to transferring hazardous secondary material. 
Documentation and certification must be made available upon request by a 
regulatory authority within 72 hours, or within a longer period of time 
as specified by the regulatory authority. The certification statement 
must:
    (1) Include the printed name and official title of an authorized 
representative of the hazardous secondary material generator company, 
the authorized representative's signature, and the date signed;
    (2) Incorporate the following language: ``I hereby certify in good 
faith and to the best of my knowledge that, prior to arranging for 
transport of excluded hazardous secondary materials to [insert name(s) 
of reclamation facility and any intermediate facility], reasonable 
efforts were made in accordance with Sec. 261.4(a)(24)(v)(B) to ensure 
that the hazardous secondary materials would be recycled legitimately, 
and otherwise managed in a manner that is protective of human health and 
the environment, and that such efforts were based on current and 
accurate information.''
    (D) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years records of all off-
site shipments of hazardous secondary materials. For each shipment, 
these records must, at a minimum, contain the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of each reclaimer and, if applicable, the name 
and address of each intermediate facility to which the hazardous 
secondary material was sent;
    (3) The type and quantity of hazardous secondary material in the 
shipment.
    (E) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years confirmations of 
receipt from each reclaimer and, if applicable, each intermediate 
facility for all off-site shipments of hazardous secondary materials. 
Confirmations of receipt must include the name and address of the 
reclaimer (or intermediate facility), the type and quantity of the 
hazardous secondary materials received and the date which the hazardous 
secondary materials were received. This requirement may be satisfied by 
routine business records (e.g., financial records, bills of lading, 
copies of DOT shipping papers, or electronic confirmations of receipt); 
and
    (vi) Reclaimers of hazardous secondary material excluded from 
regulation under this exclusion and intermediate facilities as defined 
in Sec. 260.10 of this chapter satisfy all of the following conditions:
    (A) The reclaimer and intermediate facility must maintain at its 
facility for no less than three (3) years records of all shipments of 
hazardous secondary material that were received at the facility and, if 
applicable, for all shipments of hazardous secondary materials that were 
received and subsequently sent off-site from the facility for further 
reclamation. For each shipment, these records must at a minimum contain 
the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of the hazardous secondary material generator 
and, if applicable, the name and address of the reclaimer or 
intermediate facility which the hazardous secondary materials were 
received from;
    (3) The type and quantity of hazardous secondary material in the 
shipment; and
    (4) For hazardous secondary materials that, after being received by 
the reclaimer or intermediate facility, were subsequently transferred 
off-site for further reclamation, the name and address of the 
(subsequent) reclaimer and, if applicable, the name and address of each 
intermediate facility to which the hazardous secondary material was 
sent.
    (B) The intermediate facility must send the hazardous secondary 
material to the reclaimer(s) designated by the

[[Page 54]]

hazardous secondary materials generator.
    (C) The reclaimer and intermediate facility must send to the 
hazardous secondary material generator confirmations of receipt for all 
off-site shipments of hazardous secondary materials. Confirmations of 
receipt must include the name and address of the reclaimer (or 
intermediate facility), the type and quantity of the hazardous secondary 
materials received and the date which the hazardous secondary materials 
were received. This requirement may be satisfied by routine business 
records (e.g., financial records, bills of lading, copies of DOT 
shipping papers, or electronic confirmations of receipt).
    (D) The reclaimer and intermediate facility must manage the 
hazardous secondary material in a manner that is at least as protective 
as that employed for analogous raw material and must be contained. An 
``analogous raw material'' is a raw material for which a hazardous 
secondary material is a substitute and serves the same function and has 
similar physical and chemical properties as the hazardous secondary 
material.
    (E) Any residuals that are generated from reclamation processes will 
be managed in a manner that is protective of human health and the 
environment. If any residuals exhibit a hazardous characteristic 
according to subpart C of 40 CFR part 261, or if they themselves are 
specifically listed in subpart D of 40 CFR part 261, such residuals are 
hazardous wastes and must be managed in accordance with the applicable 
requirements of 40 CFR parts 260 through 272.
    (F) The reclaimer and intermediate facility has financial assurance 
as required under subpart H of 40 CFR part 261.
    (vii) In addition, all persons claiming the exclusion under this 
paragraph (a)(24) of this section must provide notification as required 
under Sec. 260.42 of this chapter.
    (25) Hazardous secondary material that is exported from the United 
States and reclaimed at a reclamation facility located in a foreign 
country is not a solid waste, provided that the hazardous secondary 
material generator complies with the applicable requirements of 
paragraph (a)(24)(i)-(v) of this section (excepting paragraph 
(a)(v)(B)(2) of this section for foreign reclaimers and foreign 
intermediate facilities), and that the hazardous secondary material 
generator also complies with the following requirements:
    (i) Notify EPA of an intended export before the hazardous secondary 
material is scheduled to leave the United States. A complete 
notification must be submitted at least sixty (60) days before the 
initial shipment is intended to be shipped off-site. This notification 
may cover export activities extending over a twelve (12) month or lesser 
period. The notification must be in writing, signed by the hazardous 
secondary material generator, and include the following information:
    (A) Name, mailing address, telephone number and EPA ID number (if 
applicable) of the hazardous secondary material generator;
    (B) A description of the hazardous secondary material and the EPA 
hazardous waste number that would apply if the hazardous secondary 
material was managed as hazardous waste and the U.S. DOT proper shipping 
name, hazard class and ID number (UN/NA) for each hazardous secondary 
material as identified in 49 CFR parts 171 through 177;
    (C) The estimated frequency or rate at which the hazardous secondary 
material is to be exported and the period of time over which the 
hazardous secondary material is to be exported;
    (D) The estimated total quantity of hazardous secondary material;
    (E) All points of entry to and departure from each foreign country 
through which the hazardous secondary material will pass;
    (F) A description of the means by which each shipment of the 
hazardous secondary material will be transported (e.g., mode of 
transportation vehicle (air, highway, rail, water, etc.), type(s) of 
container (drums, boxes, tanks, etc.));
    (G) A description of the manner in which the hazardous secondary 
material will be reclaimed in the receiving country;
    (H) The name and address of the reclaimer, any intermediate facility 
and

[[Page 55]]

any alternate reclaimer and intermediate facilities; and
    (I) The name of any transit countries through which the hazardous 
secondary material will be sent and a description of the approximate 
length of time it will remain in such countries and the nature of its 
handling while there (for purposes of this section, the terms 
``Acknowledgement of Consent'', ``receiving country'' and ``transit 
country'' are used as defined in 40 CFR 262.51 with the exception that 
the terms in this section refer to hazardous secondary materials, rather 
than hazardous waste):
    (ii) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Federal Activities, International Compliance Assurance Division, 
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Hand-delivered notifications should be 
delivered to: Office of Enforcement and Compliance Assurance, Office of 
Federal Activities, International Compliance Assurance Division, 
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. 
and Pennsylvania Ave., NW., Washington, DC 20004. In both cases, the 
following shall be prominently displayed on the front of the envelope: 
``Attention: Notification of Intent to Export.''
    (iii) Except for changes to the telephone number in paragraph 
(a)(25)(i)(A) of this section and decreases in the quantity of hazardous 
secondary material indicated pursuant to paragraph (a)(25)(i)(D) of this 
section, when the conditions specified on the original notification 
change (including any exceedance of the estimate of the quantity of 
hazardous secondary material specified in the original notification), 
the hazardous secondary material generator must provide EPA with a 
written renotification of the change. The shipment cannot take place 
until consent of the receiving country to the changes (except for 
changes to paragraph (a)(25)(i)(I) of this section and in the ports of 
entry to and departure from transit countries pursuant to paragraphs 
(a)(25)(i)(E) of this section) has been obtained and the hazardous 
secondary material generator receives from EPA an Acknowledgment of 
Consent reflecting the receiving country's consent to the changes.
    (iv) Upon request by EPA, the hazardous secondary material generator 
shall furnish to EPA any additional information which a receiving 
country requests in order to respond to a notification.
    (v) EPA will provide a complete notification to the receiving 
country and any transit countries. A notification is complete when EPA 
receives a notification which EPA determines satisfies the requirements 
of paragraph (a)(25)(i) of this section. Where a claim of 
confidentiality is asserted with respect to any notification information 
required by paragraph (a)(25)(i) of this section, EPA may find the 
notification not complete until any such claim is resolved in accordance 
with 40 CFR 260.2.
    (vi) The export of hazardous secondary material under this paragraph 
(a)(25) is prohibited unless the receiving country consents to the 
intended export. When the receiving country consents in writing to the 
receipt of the hazardous secondary material, EPA will send an 
Acknowledgment of Consent to the hazardous secondary material generator. 
Where the receiving country objects to receipt of the hazardous 
secondary material or withdraws a prior consent, EPA will notify the 
hazardous secondary material generator in writing. EPA will also notify 
the hazardous secondary material generator of any responses from transit 
countries.
    (vii) For exports to OECD Member countries, the receiving country 
may respond to the notification using tacit consent. If no objection has 
been lodged by any receiving country or transit countries to a 
notification provided pursuant to paragraph (a)(25)(i) of this section 
within thirty (30) days after the date of issuance of the 
acknowledgement of receipt of notification by the competent authority of 
the receiving country, the transboundary movement may commence. In such 
cases, EPA will send an Acknowledgment of Consent to inform the 
hazardous secondary material generator

[[Page 56]]

that the receiving country and any relevant transit countries have not 
objected to the shipment, and are thus presumed to have consented 
tacitly. Tacit consent expires one (1) calendar year after the close of 
the thirty (30) day period; renotification and renewal of all consents 
is required for exports after that date.
    (viii) A copy of the Acknowledgment of Consent must accompany the 
shipment. The shipment must conform to the terms of the Acknowledgment 
of Consent.
    (ix) If a shipment cannot be delivered for any reason to the 
reclaimer, intermediate facility or the alternate reclaimer or alternate 
intermediate facility, the hazardous secondary material generator must 
re-notify EPA of a change in the conditions of the original notification 
to allow shipment to a new reclaimer in accordance with paragraph (iii) 
of this section and obtain another Acknowledgment of Consent.
    (x) Hazardous secondary material generators must keep a copy of each 
notification of intent to export and each Acknowledgment of Consent for 
a period of three years following receipt of the Acknowledgment of 
Consent.
    (xi) Hazardous secondary material generators must file with the 
Administrator no later than March 1 of each year, a report summarizing 
the types, quantities, frequency and ultimate destination of all 
hazardous secondary materials exported during the previous calendar 
year. Annual reports submitted by mail should be sent to the following 
address: Office of Enforcement and Compliance Assurance, Office of 
Federal Activities, International Compliance Assurance Division (Mail 
Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. Hand-delivered reports should be delivered 
to: Office of Enforcement and Compliance Assurance, Office of Federal 
Activities, International Compliance Assurance Division, Environmental 
Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and 
Pennsylvania Ave., NW., Washington, DC 20004. Such reports must include 
the following information:
    (A) Name, mailing and site address, and EPA ID number (if 
applicable) of the hazardous secondary material generator;
    (B) The calendar year covered by the report;
    (C) The name and site address of each reclaimer and intermediate 
facility;
    (D) By reclaimer and intermediate facility, for each hazardous 
secondary material exported, a description of the hazardous secondary 
material and the EPA hazardous waste number that would apply if the 
hazardous secondary material was managed as hazardous waste, DOT hazard 
class, the name and U.S. EPA ID number (where applicable) for each 
transporter used, the total amount of hazardous secondary material 
shipped and the number of shipments pursuant to each notification;
    (E) A certification signed by the hazardous secondary material 
generator which states: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted in 
this and all attached documents, and that based on my inquiry of those 
individuals immediately responsible for obtaining the information, I 
believe that the submitted information is true, accurate, and complete. 
I am aware that there are significant penalties for submitting false 
information including the possibility of fine and imprisonment.''
    (xii) All persons claiming an exclusion under this paragraph (a)(25) 
must provide notification as required by Sec. 260.42 of this chapter.
    (b) Solid wastes which are not hazardous wastes. The following solid 
wastes are not hazardous wastes:
    (1) Household waste, including household waste that has been 
collected, transported, stored, treated, disposed, recovered (e.g., 
refuse-derived fuel) or reused. ``Household waste'' means any material 
(including garbage, trash and sanitary wastes in septic tanks) derived 
from households (including single and multiple residences, hotels and 
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
grounds and day-use recreation areas). A resource recovery facility 
managing municipal solid waste shall not be

[[Page 57]]

deemed to be treating, storing, disposing of, or otherwise managing 
hazardous wastes for the purposes of regulation under this subtitle, if 
such facility:
    (i) Receives and burns only
    (A) Household waste (from single and multiple dwellings, hotels, 
motels, and other residential sources) and
    (B) Solid waste from commercial or industrial sources that does not 
contain hazardous waste; and
    (ii) Such facility does not accept hazardous wastes and the owner or 
operator of such facility has established contractual requirements or 
other appropriate notification or inspection procedures to assure that 
hazardous wastes are not received at or burned in such facility.
    (2) Solid wastes generated by any of the following and which are 
returned to the soils as fertilizers:
    (i) The growing and harvesting of agricultural crops.
    (ii) The raising of animals, including animal manures.
    (3) Mining overburden returned to the mine site.
    (4) Fly ash waste, bottom ash waste, slag waste, and flue gas 
emission control waste, generated primarily from the combusion of coal 
or other fossil fuels, except as provided by Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste.
    (5) Drilling fluids, produced waters, and other wastes associated 
with the exploration, development, or production of crude oil, natural 
gas or geothermal energy.
    (6)(i) Wastes which fail the test for the Toxicity Characteristic 
because chromium is present or are listed in subpart D due to the 
presence of chromium, which do not fail the test for the Toxicity 
Characteristic for any other constituent or are not listed due to the 
presence of any other constituent, and which do not fail the test for 
any other characteristic, if it is shown by a waste generator or by 
waste generators that:
    (A) The chromium in the waste is exclusively (or nearly exclusively) 
trivalent chromium; and
    (B) The waste is generated from an industrial process which uses 
trivalent chromium exclusively (or nearly exclusively) and the process 
does not generate hexavalent chromium; and
    (C) The waste is typically and frequently managed in non-oxidizing 
environments.
    (ii) Specific wastes which meet the standard in paragraphs (b)(6)(i) 
(A), (B), and (C) (so long as they do not fail the test for the toxicity 
characteristic for any other constituent, and do not exhibit any other 
characteristic) are:
    (A) Chrome (blue) trimmings generated by the following subcategories 
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (B) Chrome (blue) shavings generated by the following subcategories 
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (C) Buffing dust generated by the following subcategories of the 
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue.
    (D) Sewer screenings generated by the following subcategories of the 
leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue; and shearling.
    (E) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; 
retan/wet finish; no beamhouse; through-the-blue; and shearling.
    (F) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and 
through-the-blue.
    (G) Waste scrap leather from the leather tanning industry, the shoe 
manufacturing industry, and other leather product manufacturing 
industries.

[[Page 58]]

    (H) Wastewater treatment sludges from the production of 
TiO2 pigment using chromium-bearing ores by the chloride 
process.
    (7) Solid waste from the extraction, beneficiation, and processing 
of ores and minerals (including coal, phosphate rock, and overburden 
from the mining of uranium ore), except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and 
minerals is restricted to the following activities; crushing; grinding; 
washing; dissolution; crystallization; filtration; sorting; sizing; 
drying; sintering; pelletizing; briquetting; calcining to remove water 
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in 
preparation for leaching (except where the roasting (and/or autoclaving 
and/or chlorination)/leaching sequence produces a final or intermediate 
product that does not undergo further beneficiation or processing); 
gravity concentration; magnetic separation; electrostatic separation; 
flotation; ion exchange; solvent extraction; electrowinning; 
precipitation; amalgamation; and heap, dump, vat, tank, and in situ 
leaching.
    (ii) For the purposes of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes as 
generated:
    (A) Slag from primary copper processing;
    (B) Slag from primary lead processing;
    (C) Red and brown muds from bauxite refining;
    (D) Phosphogypsum from phosphoric acid production;
    (E) Slag from elemental phosphorus production;
    (F) Gasifier ash from coal gasification;
    (G) Process wastewater from coal gasification;
    (H) Calcium sulfate wastewater treatment plant sludge from primary 
copper processing;
    (I) Slag tailings from primary copper processing;
    (J) Fluorogypsum from hydrofluoric acid production;
    (K) Process wastewater from hydrofluoric acid production;
    (L) Air pollution control dust/sludge from iron blast furnaces;
    (M) Iron blast furnace slag;
    (N) Treated residue from roasting/leaching of chrome ore;
    (O) Process wastewater from primary magnesium processing by the 
anhydrous process;
    (P) Process wastewater from phosphoric acid production;
    (Q) Basic oxygen furnace and open hearth furnace air pollution 
control dust/sludge from carbon steel production;
    (R) Basic oxygen furnace and open hearth furnace slag from carbon 
steel production;
    (S ) Chloride process waste solids from titanium tetrachloride 
production;
    (T) Slag from primary zinc processing.
    (iii) A residue derived from co-processing mineral processing 
secondary materials with normal beneficiation raw materials or with 
normal mineral processing raw materials remains excluded under paragraph 
(b) of this section if the owner or operator:
    (A) Processes at least 50 percent by weight normal beneficiation raw 
materials or normal mineral processing raw materials; and,
    (B) Legitimately reclaims the secondary mineral processing 
materials.
    (8) Cement kiln dust waste, except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (9) Solid waste which consists of discarded arsenical-treated wood 
or wood products which fails the test for the Toxicity Characteristic 
for Hazardous Waste Codes D004 through D017 and which is not a hazardous 
waste for any other reason if the waste is generated by persons who 
utilize the arsenical-treated wood and wood products for these 
materials' intended end use.
    (10) Petroleum-contaminated media and debris that fail the test for 
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018 
through D043 only) and are subject to the corrective action regulations 
under part 280 of this chapter.

[[Page 59]]

    (11) Injected groundwater that is hazardous only because it exhibits 
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 
only) in Sec. 261.24 of this part that is reinjected through an 
underground injection well pursuant to free phase hydrocarbon recovery 
operations undertaken at petroleum refineries, petroleum marketing 
terminals, petroleum bulk plants, petroleum pipelines, and petroleum 
transportation spill sites until January 25, 1993. This extension 
applies to recovery operations in existence, or for which contracts have 
been issued, on or before March 25, 1991. For groundwater returned 
through infiltration galleries from such operations at petroleum 
refineries, marketing terminals, and bulk plants, until [insert date six 
months after publication]. New operations involving injection wells 
(beginning after March 25, 1991) will qualify for this compliance date 
extension (until January 25, 1993) only if:
    (i) Operations are performed pursuant to a written state agreement 
that includes a provision to assess the groundwater and the need for 
further remediation once the free phase recovery is completed; and
    (ii) A copy of the written agreement has been submitted to: Waste 
Identification Branch (5304), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (12) Used chlorofluorocarbon refrigerants from totally enclosed heat 
transfer equipment, including mobile air conditioning systems, mobile 
refrigeration, and commercial and industrial air conditioning and 
refrigeration systems that use chlorofluorocarbons as the heat transfer 
fluid in a refrigeration cycle, provided the refrigerant is reclaimed 
for further use.
    (13) Non-terne plated used oil filters that are not mixed with 
wastes listed in subpart D of this part if these oil filters have been 
gravity hot-drained using one of the following methods:
    (i) Puncturing the filter anti-drain back valve or the filter dome 
end and hot-draining;
    (ii) Hot-draining and crushing;
    (iii) Dismantling and hot-draining; or
    (iv) Any other equivalent hot-draining method that will remove used 
oil.
    (14) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products.
    (15) Leachate or gas condensate collected from landfills where 
certain solid wastes have been disposed, provided that:
    (i) The solid wastes disposed would meet one or more of the listing 
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, 
K175, K176, K177, K178 and K181 if these wastes had been generated after 
the effective date of the listing;
    (ii) The solid wastes described in paragraph (b)(15)(i) of this 
section were disposed prior to the effective date of the listing;
    (iii) The leachate or gas condensate do not exhibit any 
characteristic of hazardous waste nor are derived from any other listed 
hazardous waste;
    (iv) Discharge of the leachate or gas condensate, including leachate 
or gas condensate transferred from the landfill to a POTW by truck, 
rail, or dedicated pipe, is subject to regulation under sections 307(b) 
or 402 of the Clean Water Act.
    (v) As of February 13, 2001, leachate or gas condensate derived from 
K169-K172 is no longer exempt if it is stored or managed in a surface 
impoundment prior to discharge. As of November 21, 2003, leachate or gas 
condensate derived from K176, K177, and K178 is no longer exempt if it 
is stored or managed in a surface impoundment prior to discharge. After 
February 26, 2007, leachate or gas condensate derived from K181 will no 
longer be exempt if it is stored or managed in a surface impoundment 
prior to discharge. There is one exception: if the surface impoundment 
is used to temporarily store leachate or gas condensate in response to 
an emergency situation (e.g., shutdown of wastewater treatment system), 
provided the impoundment has a double liner, and provided the leachate 
or gas condensate is removed from the impoundment and continues to be 
managed in compliance with the conditions of this paragraph (b)(15)(v) 
after the emergency ends.
    (16) [Reserved]
    (17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of

[[Page 60]]

this chapter that is generated at the Ortho-McNeil Pharmaceutical, Inc. 
(OMP Spring House) research and development facility in Spring House, 
Pennsylvania and treated on-site using a bench-scale high temperature 
catalytic oxidation unit is not a hazardous waste provided that:
    (i) The total volume of LLMW generated and treated is no greater 
than 50 liters/year, (ii) OMP Spring House submits a written report to 
the EPA Region III office once every six months beginning six months 
after June 27, 2005, that must contain the following:
    (A) Analysis demonstrating the destruction and removal efficiency of 
the treatment technology for all organic components of the wastestream,
    (B) Analysis demonstrating the capture efficiencies of the treatment 
technology for all radioactive components of the wastestream and an 
estimate of the amount of radioactivity released during the reporting 
period,
    (C) Analysis (including concentrations of constituents, including 
inorganic constituents, present and radioactivity) of the wastestream 
prior to and after treatment,
    (D) Volume of the wastestream being treated per batch, as well as a 
total for the duration of the reporting period, and
    (E) Final disposition of the radioactive residuals from the 
treatment of the wastestream.
    (iii) OMP Spring House makes no significant changes to the design or 
operation of the high temperature catalytic oxidation unit or the 
wastestream.
    (iv) This exclusion will remain in affect for 5 years from June 27, 
2005.
    (18) By-products resulting from the production of automobile air bag 
gas generants at the Autoliv ASP Inc. facility in Promontory Utah, 
(Autoliv) are exempt from the D003 listing, for a period of five years 
from May 9, 2001, provided that:
    (i) The by-product gas generants are processed on-site in Autoliv's 
Metal Recovery Furnace (MRF).
    (A) By-product gas generants must only be fed to the MRF when it is 
operating in conformance with the State of Utah, Division of Air 
Quality's Approval Order DAQE-549-97.
    (B) Combustion gas temperature must be maintained below 400 degrees 
Fahrenheit at the baghouse inlet.
    (ii) Prior to processing in the MRF, the by-product gas generants 
are managed in accordance with the requirements specified in 40 CFR 
262.34.
    (iii) The Autoliv facility and the MRF are operated and managed in 
accordance with the requirements of 40 CFR Part 265, Subparts B, C, D, 
E, G, H, I, and O.
    (iv) Residues derived from the processing of by-product gas 
generants in the MRF are managed in accordance with the requirements 
specified in 40 CFR Parts 262 and 268.
    (v) The following testing of the MRF's stack gas emissions is 
conducted:
    (A) An initial test shall be conducted within 30 operating days of 
starting feed of by-product gas generants to the MRF. EPA may extend 
this deadline, at the request of Autoliv, when good cause is shown. The 
initial test shall consist of three duplicate runs sampling for:
    (1) Particulate matter using Method 5 as specified in 40 CFR Part 
60, Appendix A.
    (2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium, 
Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified 
in 40 CFR Part 60, Appendix A.
    (3) Polychlorinated di-benzo dioxins and furans using Method 23 
0023A as specified in 40 CFR Part 60, Appendix A.
    (4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60, 
Appendix A.
    (B) After the initial test is completed, an annual stack test (12 
months from the previous initial stack test) of the MRF shall be 
conducted. The annual tests shall consist of three duplicate runs using 
Method 29 and Method 5 as specified in 40 CFR Part 60, Appendix A.
    (C) Testing shall be conducted while by-product gas generants are 
fed to the MRF at no less than 90% of the planned maximum feed rate, and 
with the MRF operating parameters within normal ranges.
    (D) Initial stack testing results and additional project performance 
data

[[Page 61]]

and information, including the quantity of by-product gas generants 
processed and the operating parameter values during the test runs, will 
be submitted by Autoliv to the State of Utah and EPA within 60 days of 
the completion of the initial stack test.
    (E) Annual stack test results and additional project performance 
data and information, including the quantity of by-product gas generants 
processed and the operating parameter values during the test runs, will 
be submitted by Autoliv to EPA and the State of Utah within 60 days of 
the completion of the annual test.
    (vi) Combustion gas discharged to the atmosphere from the MRF meets 
the following limits:
    (A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic 
meter on a toxicity equivalent quotient (TEQ) basis corrected to 7% 
Oxygen.
    (B) Combined lead and cadmium emissions do not exceed 240 ug per dry 
standard cubic meter corrected to 7% Oxygen.
    (C) Combined arsenic, beryllium, and chromium emissions do not 
exceed 97 ug per dry standard cubic meter corrected to 7% Oxygen.
    (D) Particulate matter emissions do not exceed 34 mg per dry 
standard cubic meter corrected to 7% Oxygen.
    (E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D) 
of this section are exceeded, Autoliv shall discontinue feeding gas 
generants to the MRF until such time as Autoliv can demonstrate to EPA 
and the state of Utah satisfaction that the MRF combustion gas emissions 
can meet the limits specified in paragraphs (b)(18)(vi) (A) through (D) 
of this section
    (vii) No by-product gas generants or other pyrotechnic wastes 
generated off-site will be received at the Autoliv facility in 
Promontory, Utah or processed in the MRF unless otherwise allowed by law 
(permit or regulation).
    (viii) Autoliv will provide EPA and the state of Utah with semi-
annual reports (by January 30 and July 30 of each year).
    (A) The semi-annual reports will document the amounts of by-product 
gas generants processed during the reporting period.
    (B) The semi-annual reports will provide a summary of the MRF 
Operating Record during the reporting period, including information on 
by-product gas generant composition, average feed rates, upset 
conditions, and spills or releases.
    (ix) No significant changes are made to the operating parameter 
production values of Autoliv's production of air bag gas generants such 
that any of the constituents listed in appendix VIII of this part are 
introduced into the process.
    (x) Autoliv reports to the EPA any noncompliance which may endanger 
health or the environment orally within 24 hours from the time Autoliv 
becomes aware of the circumstances, including:
    (A) Any information of a release, discharge, fire, or explosion from 
the MRF, which could threaten the environment or human health.
    (B) The description of the occurrence and its cause shall include:
    (1) Name, address, and telephone number of the facility;
    (2) Date, time, and type of incident;
    (3) Name and quantity of material(s) involved;
    (4) The extent of injuries, if any;
    (5) An assessment of actual or potential hazards to the environment 
and human health, and
    (6) Estimated quantity and disposition of recovered material that 
resulted from the incident.
    (C) A written notice shall also be provided within five days of the 
time Autoliv becomes aware of the circumstances. The written notice 
shall contain a description of the non-compliance 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 EPA may waive the 
five day written notice requirement in favor of a written report within 
fifteen days.
    (xi) Notifications and submissions made under paragraph (b)(18) of 
this section shall be sent to the Regional Assistant Administrator for 
the Office

[[Page 62]]

of Partnerships and Regulatory Assistance, U.S. EPA, Region 8 and the 
Executive Secretary of the Utah Solid and Hazardous Waste Control Board.
    (c) Hazardous wastes which are exempted from certain regulations. A 
hazardous waste which is generated in a product or raw material storage 
tank, a product or raw material transport vehicle or vessel, a product 
or raw material pipeline, or in a manufacturing process unit or an 
associated non-waste-treatment-manufacturing unit, is not subject to 
regulation under parts 262 through 265, 268, 270, 271 and 124 of this 
chapter or to the notification requirements of section 3010 of RCRA 
until it exits the unit in which it was generated, unless the unit is a 
surface impoundment, or unless the hazardous waste remains in the unit 
more than 90 days after the unit ceases to be operated for 
manufacturing, or for storage or transportation of product or raw 
materials.
    (d) Samples. (1) Except as provided in paragraph (d)(2) of this 
section, a sample of solid waste or a sample of water, soil, or air, 
which is collected for the sole purpose of testing to determine its 
characteristics or composition, is not subject to any requirements of 
this part or parts 262 through 268 or part 270 or part 124 of this 
chapter or to the notification requirements of section 3010 of RCRA, 
when:
    (i) The sample is being transported to a laboratory for the purpose 
of testing; or
    (ii) The sample is being transported back to the sample collector 
after testing; or
    (iii) The sample is being stored by the sample collector before 
transport to a laboratory for testing; or
    (iv) The sample is being stored in a laboratory before testing; or
    (v) The sample is being stored in a laboratory after testing but 
before it is returned to the sample collector; or
    (vi) The sample is being stored temporarily in the laboratory after 
testing for a specific purpose (for example, until conclusion of a court 
case or enforcement action where further testing of the sample may be 
necessary).
    (2) In order to qualify for the exemption in paragraphs (d)(1) (i) 
and (ii) of this section, a sample collector shipping samples to a 
laboratory and a laboratory returning samples to a sample collector 
must:
    (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal 
Service (USPS), or any other applicable shipping requirements; or
    (ii) Comply with the following requirements if the sample collector 
determines that DOT, USPS, or other shipping requirements do not apply 
to the shipment of the sample:
    (A) Assure that the following information accompanies the sample:
    (1) The sample collector's name, mailing address, and telephone 
number;
    (2) The laboratory's name, mailing address, and telephone number;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample.
    (B) Package the sample so that it does not leak, spill, or vaporize 
from its packaging.
    (3) This exemption does not apply if the laboratory determines that 
the waste is hazardous but the laboratory is no longer meeting any of 
the conditions stated in paragraph (d)(1) of this section.
    (e) Treatability Study Samples. (1) Except as provided in paragraph 
(e)(2) of this section, persons who generate or collect samples for the 
purpose of conducting treatability studies as defined in section 260.10, 
are not subject to any requirement of parts 261 through 263 of this 
chapter or to the notification requirements of Section 3010 of RCRA, nor 
are such samples included in the quantity determinations of Sec. 261.5 
and Sec. 262.34(d) when:
    (i) The sample is being collected and prepared for transportation by 
the generator or sample collector; or
    (ii) The sample is being accumulated or stored by the generator or 
sample collector prior to transportation to a laboratory or testing 
facility; or
    (iii) The sample is being transported to the laboratory or testing 
facility for the purpose of conducting a treatability study.
    (2) The exemption in paragraph (e)(1) of this section is applicable 
to samples of hazardous waste being collected and shipped for the 
purpose of conducting treatability studies provided that:

[[Page 63]]

    (i) The generator or sample collector uses (in ``treatability 
studies'') no more than 10,000 kg of media contaminated with non-acute 
hazardous waste, 1000 kg of non-acute hazardous waste other than 
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste for each process being evaluated 
for each generated waste stream; and
    (ii) The mass of each sample shipment does not exceed 10,000 kg; the 
10,000 kg quantity may be all media contaminated with non-acute 
hazardous waste, or may include 2500 kg of media contaminated with acute 
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous 
waste; and
    (iii) The sample must be packaged so that it will not leak, spill, 
or vaporize from its packaging during shipment and the requirements of 
paragraph A or B of this subparagraph are met.
    (A) The transportation of each sample shipment complies with U.S. 
Department of Transportation (DOT), U.S. Postal Service (USPS), or any 
other applicable shipping requirements; or
    (B) If the DOT, USPS, or other shipping requirements do not apply to 
the shipment of the sample, the following information must accompany the 
sample:
    (1) The name, mailing address, and telephone number of the 
originator of the sample;
    (2) The name, address, and telephone number of the facility that 
will perform the treatability study;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample, including its EPA Hazardous Waste 
Number.
    (iv) The sample is shipped to a laboratory or testing facility which 
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or 
interim status.
    (v) The generator or sample collector maintains the following 
records for a period ending 3 years after completion of the treatability 
study:
    (A) Copies of the shipping documents;
    (B) A copy of the contract with the facility conducting the 
treatability study;
    (C) Documentation showing:
    (1) The amount of waste shipped under this exemption;
    (2) The name, address, and EPA identification number of the 
laboratory or testing facility that received the waste;
    (3) The date the shipment was made; and
    (4) Whether or not unused samples and residues were returned to the 
generator.
    (vi) The generator reports the information required under paragraph 
(e)(2)(v)(C) of this section in its biennial report.
    (3) The Regional Administrator may grant requests on a case-by-case 
basis for up to an additional two years for treatability studies 
involving bioremediation. The Regional Administrator may grant requests 
on a case-by-case basis for quantity limits in excess of those specified 
in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to 
an additional 5000 kg of media contaminated with non-acute hazardous 
waste, 500 kg of non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste and 1 kg of acute hazardous 
waste:
    (i) In response to requests for authorization to ship, store and 
conduct treatability studies on additional quantities in advance of 
commencing treatability studies. Factors to be considered in reviewing 
such requests include the nature of the technology, the type of process 
(e.g., batch versus continuous), size of the unit undergoing testing 
(particularly in relation to scale-up considerations), the time/quantity 
of material required to reach steady state operating conditions, or test 
design considerations such as mass balance calculations.
    (ii) In response to requests for authorization to ship, store and 
conduct treatability studies on additional quantities after initiation 
or completion of initial treatability studies, when: There has been an 
equipment or mechanical failure during the conduct of a treatability 
study; there is a need to verify the results of a previously conducted 
treatability study; there is a need to study and analyze alternative 
techniques within a previously evaluated treatment process; or there is 
a

[[Page 64]]

need to do further evaluation of an ongoing treatability study to 
determine final specifications for treatment.
    (iii) The additional quantities and timeframes allowed in paragraph 
(e)(3) (i) and (ii) of this section are subject to all the provisions in 
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The 
generator or sample collector must apply to the Regional Administrator 
in the Region where the sample is collected and provide in writing the 
following information:
    (A) The reason why the generator or sample collector requires 
additional time or quantity of sample for treatability study evaluation 
and the additional time or quantity needed;
    (B) Documentation accounting for all samples of hazardous waste from 
the waste stream which have been sent for or undergone treatability 
studies including the date each previous sample from the waste stream 
was shipped, the quantity of each previous shipment, the laboratory or 
testing facility to which it was shipped, what treatability study 
processes were conducted on each sample shipped, and the available 
results on each treatability study;
    (C) A description of the technical modifications or change in 
specifications which will be evaluated and the expected results;
    (D) If such further study is being required due to equipment or 
mechanical failure, the applicant must include information regarding the 
reason for the failure or breakdown and also include what procedures or 
equipment improvements have been made to protect against further 
breakdowns; and
    (E) Such other information that the Regional Administrator considers 
necessary.
    (f) Samples Undergoing Treatability Studies at Laboratories and 
Testing Facilities. Samples undergoing treatability studies and the 
laboratory or testing facility conducting such treatability studies (to 
the extent such facilities are not otherwise subject to RCRA 
requirements) are not subject to any requirement of this part, part 124, 
parts 262-266, 268, and 270, or to the notification requirements of 
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) 
through (11) of this section are met. A mobile treatment unit (MTU) may 
qualify as a testing facility subject to paragraphs (f) (1) through (11) 
of this section. Where a group of MTUs are located at the same site, the 
limitations specified in (f) (1) through (11) of this section apply to 
the entire group of MTUs collectively as if the group were one MTU.
    (1) No less than 45 days before conducting treatability studies, the 
facility notifies the Regional Administrator, or State Director (if 
located in an authorized State), in writing that it intends to conduct 
treatability studies under this paragraph.
    (2) The laboratory or testing facility conducting the treatability 
study has an EPA identification number.
    (3) No more than a total of 10,000 kg of ``as received'' media 
contaminated with non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste or 250 kg of other ``as 
received'' hazardous waste is subject to initiation of treatment in all 
treatability studies in any single day. ``As received'' waste refers to 
the waste as received in the shipment from the generator or sample 
collector.
    (4) The quantity of ``as received'' hazardous waste stored at the 
facility for the purpose of evaluation in treatability studies does not 
exceed 10,000 kg, the total of which can include 10,000 kg of media 
contaminated with non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous 
wastes other than contaminated media, and 1 kg of acute hazardous waste. 
This quantity limitation does not include treatment materials (including 
nonhazardous solid waste) added to ``as received'' hazardous waste.
    (5) No more than 90 days have elapsed since the treatability study 
for the sample was completed, or no more than one year (two years for 
treatability studies involving bioremediation) have elapsed since the 
generator or sample collector shipped the sample to the laboratory or 
testing facility, whichever date first occurs. Up to 500 kg of treated 
material from a particular waste stream from treatability studies may be 
archived for future evaluation up to five years from the date of initial 
receipt. Quantities of materials archived

[[Page 65]]

are counted against the total storage limit for the facility.
    (6) The treatability study does not involve the placement of 
hazardous waste on the land or open burning of hazardous waste.
    (7) The facility maintains records for 3 years following completion 
of each study that show compliance with the treatment rate limits and 
the storage time and quantity limits. The following specific information 
must be included for each treatability study conducted:
    (i) The name, address, and EPA identification number of the 
generator or sample collector of each waste sample;
    (ii) The date the shipment was received;
    (iii) The quantity of waste accepted;
    (iv) The quantity of ``as received'' waste in storage each day;
    (v) The date the treatment study was initiated and the amount of 
``as received'' waste introduced to treatment each day;
    (vi) The date the treatability study was concluded;
    (vii) The date any unused sample or residues generated from the 
treatability study were returned to the generator or sample collector 
or, if sent to a designated facility, the name of the facility and the 
EPA identification number.
    (8) The facility keeps, on-site, a copy of the treatability study 
contract and all shipping papers associated with the transport of 
treatability study samples to and from the facility for a period ending 
3 years from the completion date of each treatability study.
    (9) The facility prepares and submits a report to the Regional 
Administrator, or state Director (if located in an authorized state), by 
March 15 of each year, that includes the following information for the 
previous calendar year:
    (i) The name, address, and EPA identification number of the facility 
conducting the treatability studies;
    (ii) The types (by process) of treatability studies conducted;
    (iii) The names and addresses of persons for whom studies have been 
conducted (including their EPA identification numbers);
    (iv) The total quantity of waste in storage each day;
    (v) The quantity and types of waste subjected to treatability 
studies;
    (vi) When each treatability study was conducted;
    (vii) The final disposition of residues and unused sample from each 
treatability study.
    (10) The facility determines whether any unused sample or residues 
generated by the treatability study are hazardous waste under Sec. 
261.3 and, if so, are subject to parts 261 through 268, and part 270 of 
this chapter, unless the residues and unused samples are returned to the 
sample originator under the Sec. 261.4(e) exemption.
    (11) The facility notifies the Regional Administrator, or State 
Director (if located in an authorized State), by letter when the 
facility is no longer planning to conduct any treatability studies at 
the site.
    (g) Dredged material that is not a hazardous waste. Dredged material 
that is subject to the requirements of a permit that has been issued 
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or 
section 103 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), 
the following definitions apply:
    (1) The term dredged material has the same meaning as defined in 40 
CFR 232.2;
    (2) The term permit means:
    (i) A permit issued by the U.S. Army Corps of Engineers (Corps) or 
an approved State under section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1344);
    (ii) A permit issued by the Corps under section 103 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
    (iii) In the case of Corps civil works projects, the administrative 
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) 
of this section, as provided for in Corps regulations (for example, see 
33 CFR 336.1, 336.2, and 337.6).

[45 FR 33119, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
261.4, see the List of CFR Sections Affected, which appears in the

[[Page 66]]

Finding Aids section of the printed volume and on GPO Access.



Sec. 261.5  Special requirements for hazardous waste generated by 

conditionally exempt small quantity generators.

    (a) A generator is a conditionally exempt small quantity generator 
in a calendar month if he generates no more than 100 kilograms of 
hazardous waste in that month.
    (b) Except for those wastes identified in paragraphs (e), (f), (g), 
and (j) of this section, a conditionally exempt small quantity 
generator's hazardous wastes are not subject to regulation under parts 
262 through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA, provided the 
generator complies with the requirements of paragraphs (f), (g), and (j) 
of this section.
    (c) When making the quantity determinations of this part and 40 CFR 
part 262, the generator must include all hazardous waste that it 
generates, except hazardous waste that:
    (1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 
261.6(a)(3), 261.7(a)(1), or 261.8; or
    (2) Is managed immediately upon generation only in on-site 
elementary neutralization units, wastewater treatment units, or totally 
enclosed treatment facilities as defined in 40 CFR 260.10; or
    (3) Is recycled, without prior storage or accumulation, only in an 
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
    (4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) 
and 40 CFR part 279; or
    (5) Is spent lead-acid batteries managed under the requirements of 
40 CFR part 266, subpart G; or
    (6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 
273;
    (7) Is a hazardous waste that is an unused commercial chemical 
product (listed in 40 CFR part 261, subpart D or exhibiting one or more 
characteristics in 40 CFR part 261, subpart C) that is generated solely 
as a result of a laboratory clean-out conducted at an eligible academic 
entity pursuant to Sec. 262.213. For purposes of this provision, the 
term eligible academic entity shall have the meaning as defined in Sec. 
262.200 of Part 262.
    (d) In determining the quantity of hazardous waste generated, a 
generator need not include:
    (1) Hazardous waste when it is removed from on-site storage; or
    (2) Hazardous waste produced by on-site treatment (including 
reclamation) of his hazardous waste, so long as the hazardous waste that 
is treated was counted once; or
    (3) Spent materials that are generated, reclaimed, and subsequently 
reused on-site, so long as such spent materials have been counted once.
    (e) If a generator generates acute hazardous waste in a calendar 
month in quantities greater than set forth below, all quantities of that 
acute hazardous waste are subject to full regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA:
    (1) A total of one kilogram of acute hazardous wastes listed in 
Sec. Sec. 261.31, 261.32, or 261.33(e).
    (2) A total of 100 kilograms of any residue or contaminated soil, 
waste, or other debris resulting from the clean-up of a spill, into or 
on any land or water, of any acute hazardous wastes listed in Sec. Sec. 
261.31, 261.32, or 261.33(e).
    [Comment: ``Full regulation'' means those regulations applicable to 
generators of greater than 1,000 kg of non-acutely hazardous waste in a 
calendar month.]
    (f) In order for acute hazardous wastes generated by a generator of 
acute hazardous wastes in quantities equal to or less than those set 
forth in paragraph (e)(1) or (2) of this section to be excluded from 
full regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The generator may accumulate acute hazardous waste on-site. If 
he accumulates at any time acute hazardous wastes in quantities greater 
than those set forth in paragraph (e)(1) or (e)(2) of this section, all 
of those accumulated wastes are subject to regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(a) of this chapter, for accumulation of wastes 
on-site, begins when the

[[Page 67]]

accumulated wastes exceed the applicable exclusion limit;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage, or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in Sec. Sec. 257.5 through 257.30 of this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (g) In order for hazardous waste generated by a conditionally exempt 
small quantity generator in quantities of less than 100 kilograms of 
hazardous waste during a calendar month to be excluded from full 
regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The conditionally exempt small quantity generator may accumulate 
hazardous waste on-site. If he accumulates at any time more than a total 
of 1000 kilograms of his hazardous wastes, all of those accumulated 
wastes are subject to regulation under the special provisions of part 
262 applicable to generators of between 100 kg and 1000 kg of hazardous 
waste in a calendar month as well as the requirements of parts 263 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(d) for accumulation of wastes on-site begins for 
a conditionally exempt small quantity generator when the accumulated 
wastes exceed 1000 kilograms;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in Sec. Sec. 257.5 through 257.30 of this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (h) Hazardous waste subject to the reduced requirements of this 
section may be mixed with non-hazardous waste and remain subject to 
these reduced requirements even though the resultant mixture exceeds the 
quantity limitations identified in this section, unless the mixture 
meets any of the characteristics of hazardous waste identified in 
subpart C.

[[Page 68]]

    (i) If any person mixes a solid waste with a hazardous waste that 
exceeds a quantity exclusion level of this section, the mixture is 
subject to full regulation.
    (j) If a conditionally exempt small quantity generator's wastes are 
mixed with used oil, the mixture is subject to part 279 of this chapter. 
Any material produced from such a mixture by processing, blending, or 
other treatment is also so regulated.

[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, 
May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003; 73 
FR 72954, Dec. 1, 2008]



Sec. 261.6  Requirements for recyclable materials.

    (a)(1) Hazardous wastes that are recycled are subject to the 
requirements for generators, transporters, and storage facilities of 
paragraphs (b) and (c) of this section, except for the materials listed 
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that 
are recycled will be known as ``recyclable materials.''
    (2) The following recyclable materials are not subject to the 
requirements of this section but are regulated under subparts C through 
N of part 266 of this chapter and all applicable provisions in parts 270 
and 124 of this chapter:
    (i) Recyclable materials used in a manner constituting disposal (40 
CFR part 266, subpart C);
    (ii) Hazardous wastes burned for energy recovery in boilers and 
industrial furnaces that are not regulated under subpart O of part 264 
or 265 of this chapter (40 CFR part 266, subpart H);
    (iii) Recyclable materials from which precious metals are reclaimed 
(40 CFR part 266, subpart F);
    (iv) Spent lead-acid batteries that are being reclaimed (40 CFR part 
266, subpart G).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 266 or parts 268, 270 or 124 of this 
chapter, and are not subject to the notification requirements of section 
3010 of RCRA:
    (i) Industrial ethyl alcohol that is reclaimed except that, unless 
provided otherwise in an international agreement as specified in Sec. 
262.58:
    (A) A person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to a primary exporter in Sec. Sec. 
262.53, 262.56 (a)(1)-(4), (6), and (b), and 262.57, export such 
materials only upon consent of the receiving country and in conformance 
with the EPA Acknowledgment of Consent as defined in subpart E of part 
262, and provide a copy of the EPA Acknowledgment of Consent to the 
shipment to the transporter transporting the shipment for export;
    (B) Transporters transporting a shipment for export may not accept a 
shipment if he knows the shipment does not conform to the EPA 
Acknowledgment of Consent, must ensure that a copy of the EPA 
Acknowledgment of Consent accompanies the shipment and must ensure that 
it is delivered to the facility designated by the person initiating the 
shipment.
    (ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
    (iii) Fuels produced from the refining of oil-bearing hazardous 
waste along with normal process streams at a petroleum refining facility 
if such wastes result from normal petroleum refining, production, and 
transportation practices (this exemption does not apply to fuels 
produced from oil recovered from oil-bearing hazardous waste, where such 
recovered oil is already excluded under Sec. 261.4(a)(12);
    (iv)(A) Hazardous waste fuel produced from oil-bearing hazardous 
wastes from petroleum refining, production, or transportation practices, 
or produced from oil reclaimed from such hazardous wastes, where such 
hazardous wastes are reintroduced into a process that does not use 
distillation or does not produce products from crude oil so long as the 
resulting fuel meets the used oil specification under Sec. 279.11 of 
this chapter and so long as no other hazardous wastes are used to 
produce the hazardous waste fuel;
    (B) Hazardous waste fuel produced from oil-bearing hazardous waste 
from petroleum refining production, and

[[Page 69]]

transportation practices, where such hazardous wastes are reintroduced 
into a refining process after a point at which contaminants are removed, 
so long as the fuel meets the used oil fuel specification under Sec. 
279.11 of this chapter; and
    (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum 
refining, production, and transportation practices, which reclaimed oil 
is burned as a fuel without reintroduction to a refining process, so 
long as the reclaimed oil meets the used oil fuel specification under 
Sec. 279.11 of this chapter.
    (4) Used oil that is recycled and is also a hazardous waste solely 
because it exhibits a hazardous characteristic is not subject to the 
requirements of parts 260 through 268 of this chapter, but is regulated 
under part 279 of this chapter. Used oil that is recycled includes any 
used oil which is reused, following its original use, for any purpose 
(including the purpose for which the oil was originally used). Such term 
includes, but is not limited to, oil which is re-refined, reclaimed, 
burned for energy recovery, or reprocessed.
    (5) Hazardous waste that is exported to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of 40 CFR Part 
273, or to State requirements analogous to 40 CFR Part 273.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter and 
the notification requirements under section 3010 of RCRA, except as 
provided in paragraph (a) of this section.
    (c)(1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as provided 
in paragraph (a) of this section. (The recycling process itself is 
exempt from regulation except as provided in Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are recycled are subject to 
the following requirements, except as provided in paragraph (a) of this 
section:
    (i) Notification requirements under section 3010 of RCRA;
    (ii) Sections 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies) of this chapter.
    (iii) Section 261.6(d) of this chapter.
    (d) Owners or operators of facilities subject to RCRA permitting 
requirements with hazardous waste management units that recycle 
hazardous wastes are subject to the requirements of subparts AA and BB 
of part 264 or 265 of this chapter.

[50 FR 49203, Nov. 29, 1985]

    Editorial Note: For Federal Register citations affecting Sec. 
261.6, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 261.7  Residues of hazardous waste in empty containers.

    (a)(1) Any hazardous waste remaining in either: (i) an empty 
container; or (ii) an inner liner removed from an empty container, as 
defined in paragraph (b) of this section, is not subject to regulation 
under parts 261 through 265, 267, 268, 270, or 124 this chapter or to 
the notification requirements of section 3010 of RCRA.
    (2) Any hazardous waste in either (i) a container that is not empty 
or (ii) an inner liner removed from a container that is not empty, as 
defined in paragraph (b) of this section, is subject to regulation under 
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to 
the notification requirements of section 3010 of RCRA.
    (b)(1) A container or an inner liner removed from a container that 
has held any hazardous waste, except a waste that is a compressed gas or 
that is identified as an acute hazardous waste listed in Sec. Sec. 
261.31, 261.32, or 261.33(e) of this chapter is empty if:
    (i) All wastes have been removed that can be removed using the 
practices

[[Page 70]]

commonly employed to remove materials from that type of container, e.g., 
pouring, pumping, and aspirating, and
    (ii) No more than 2.5 centimeters (one inch) of residue remain on 
the bottom of the container or inner liner, or
    (iii)(A) No more than 3 percent by weight of the total capacity of 
the container remains in the container or inner liner if the container 
is less than or equal to 119 gallons in size; or
    (B) No more than 0.3 percent by weight of the total capacity of the 
container remains in the container or inner liner if the container is 
greater than 119 gallons in size.
    (2) A container that has held a hazardous waste that is a compressed 
gas is empty when the pressure in the container approaches atmospheric.
    (3) A container or an inner liner removed from a container that has 
held an acute hazardous waste listed in Sec. Sec. 261.31, 261.32, or 
261.33(e) is empty if:
    (i) The container or inner liner has been triple rinsed using a 
solvent capable of removing the commercial chemical product or 
manufacturing chemical intermediate;
    (ii) The container or inner liner has been cleaned by another method 
that has been shown in the scientific literature, or by tests conducted 
by the generator, to achieve equivalent removal; or
    (iii) In the case of a container, the inner liner that prevented 
contact of the commercial chemical product or manufacturing chemical 
intermediate with the container, has been removed.

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 
7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005]



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

    The disposal of PCB-containing dielectric fluid and electric 
equipment containing such fluid authorized for use and regulated under 
part 761 of this chapter and that are hazardous only because they fail 
the test for the Toxicity Characteristic (Hazardous Waste Codes D018 
through D043 only) are exempt from regulation under parts 261 through 
265, and parts 268, 270, and 124 of this chapter, and the notification 
requirements of section 3010 of RCRA.

[55 FR 11862, Mar. 29, 1990]



Sec. 261.9  Requirements for Universal Waste.

    The wastes listed in this section are exempt from regulation under 
parts 262 through 270 of this chapter except as specified in part 273 of 
this chapter and, therefore are not fully regulated as hazardous waste. 
The wastes listed in this section are subject to regulation under 40 CFR 
part 273:
    (a) Batteries as described in 40 CFR 273.2;
    (b) Pesticides as described in Sec. 273.3 of this chapter;
    (c) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter; and
    (d) Lamps as described in Sec. 273.5 of this chapter.

[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999; 70 
FR 45520, Aug. 5, 2005]



  Subpart B_Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste



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

    (a) The Administrator shall identify and define a characteristic of 
hazardous waste in subpart C only upon determining that:
    (1) A solid waste that exhibits the characteristic may:
    (i) Cause, or significantly contribute to, an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (ii) Pose a substantial present or potential hazard to human health 
or the environment when it is improperly treated, stored, transported, 
disposed of or otherwise managed; and
    (2) The characteristic can be:
    (i) Measured by an available standardized test method which is 
reasonably within the capability of generators of solid waste or private 
sector laboratories that are available to serve generators of solid 
waste; or
    (ii) Reasonably detected by generators of solid waste through their 
knowledge of their waste.

[[Page 71]]

    (b) [Reserved]



Sec. 261.11  Criteria for listing hazardous waste.

    (a) The Administrator shall list a solid waste as a hazardous waste 
only upon determining that the solid waste meets one of the following 
criteria:
    (1) It exhibits any of the characteristics of hazardous waste 
identified in subpart C.
    (2) It has been found to be fatal to humans in low doses or, in the 
absence of data on human toxicity, it has been shown in studies to have 
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an 
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or 
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per 
kilogram or is otherwise capable of causing or significantly 
contributing to an increase in serious irreversible, or incapacitating 
reversible, illness. (Waste listed in accordance with these criteria 
will be designated Acute Hazardous Waste.)
    (3) It contains any of the toxic constituents listed in appendix 
VIII and, after considering the following factors, the Administrator 
concludes that the waste is capable of posing a substantial present or 
potential hazard to human health or the environment when improperly 
treated, stored, transported or disposed of, or otherwise managed:
    (i) The nature of the toxicity presented by the constituent.
    (ii) The concentration of the constituent in the waste.
    (iii) The potential of the constituent or any toxic degradation 
product of the constituent to migrate from the waste into the 
environment under the types of improper management considered in 
paragraph (a)(3)(vii) of this section.
    (iv) The persistence of the constituent or any toxic degradation 
product of the constituent.
    (v) The potential for the constituent or any toxic degradation 
product of the constituent to degrade into non-harmful constituents and 
the rate of degradation.
    (vi) The degree to which the constituent or any degradation product 
of the constituent bioaccumulates in ecosystems.
    (vii) The plausible types of improper management to which the waste 
could be subjected.
    (viii) The quantities of the waste generated at individual 
generation sites or on a regional or national basis.
    (ix) The nature and severity of the human health and environmental 
damage that has occurred as a result of the improper management of 
wastes containing the constituent.
    (x) Action taken by other governmental agencies or regulatory 
programs based on the health or environmental hazard posed by the waste 
or waste constituent.
    (xi) Such other factors as may be appropriate.

Substances will be listed on appendix VIII only if they have been shown 
in scientific studies to have toxic, carcinogenic, mutagenic or 
teratogenic effects on humans or other life forms.
    (Wastes listed in accordance with these criteria will be designated 
Toxic wastes.)
    (b) The Administrator may list classes or types of solid waste as 
hazardous waste if he has reason to believe that individual wastes, 
within the class or type of waste, typically or frequently are hazardous 
under the definition of hazardous waste found in section 1004(5) of the 
Act.
    (c) The Administrator will use the criteria for listing specified in 
this section to establish the exclusion limits referred to in Sec. 
261.5(c).

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



              Subpart C_Characteristics of Hazardous Waste



Sec. 261.20  General.

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

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

    (b) A hazardous waste which is identified by a characteristic in 
this subpart is assigned every EPA Hazardous

[[Page 72]]

Waste Number that is applicable as set forth in this subpart. This 
number must be used in complying with the notification requirements of 
section 3010 of the Act and all applicable recordkeeping and reporting 
requirements under parts 262 through 265, 268, and 270 of this chapter.
    (c) For purposes of this subpart, the Administrator will consider a 
sample obtained using any of the applicable sampling methods specified 
in appendix I to be a representative sample within the meaning of part 
260 of this chapter.

[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, a person who desires to employ an 
alternative sampling method is not required to demonstrate the 
equivalency of his method under the procedures set forth in Sec. Sec. 
260.20 and 260.21.]

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



Sec. 261.21  Characteristic of ignitability.

    (a) A solid waste exhibits the characteristic of ignitability if a 
representative sample of the waste has any of the following properties:
    (1) It is a liquid, other than an aqueous solution containing less 
than 24 percent alcohol by volume and has flash point less than 60 
[deg]C (140 [deg]F), as determined by a Pensky-Martens Closed Cup 
Tester, using the test method specified in ASTM Standard D 93-79 or D 
93-80 (incorporated by reference, see Sec. 260.11), or a Setaflash 
Closed Cup Tester, using the test method specified in ASTM Standard D 
3278-78 (incorporated by reference, see Sec. 260.11).
    (2) It is not a liquid and is capable, under standard temperature 
and pressure, of causing fire through friction, absorption of moisture 
or spontaneous chemical changes and, when ignited, burns so vigorously 
and persistently that it creates a hazard.
    (3) It is an ignitable compressed gas.
    (i) The term ``compressed gas'' shall designate any material or 
mixture having in the container an absolute pressure exceeding 40 p.s.i. 
at 70 [deg]F or, regardless of the pressure at 70 [deg]F, having an 
absolute pressure exceeding 104 p.s.i. at 130 [deg]F; or any liquid 
flammable material having a vapor pressure exceeding 40 p.s.i. absolute 
at 100 [deg]F as determined by ASTM Test D-323.
    (ii) A compressed gas shall be characterized as ignitable if any one 
of the following occurs:
    (A) Either a mixture of 13 percent or less (by volume) with air 
forms a flammable mixture or the flammable range with air is wider than 
12 percent regardless of the lower limit. These limits shall be 
determined at atmospheric temperature and pressure. The method of 
sampling and test procedure shall be acceptable to the Bureau of 
Explosives and approved by the director, Pipeline and Hazardous 
Materials Technology, U.S. Department of Transportation (see Note 2).
    (B) Using the Bureau of Explosives' Flame Projection Apparatus (see 
Note 1), the flame projects more than 18 inches beyond the ignition 
source with valve opened fully, or, the flame flashes back and burns at 
the valve with any degree of valve opening.
    (C) Using the Bureau of Explosives' Open Drum Apparatus (see Note 
1), there is any significant propagation of flame away from the ignition 
source.
    (D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note 
1), there is any explosion of the vapor-air mixture in the drum.
    (4) It is an oxidizer. An oxidizer for the purpose of this 
subchapter is a substance such as a chlorate, permanganate, inorganic 
peroxide, or a nitrate, that yields oxygen readily to stimulate the 
combustion of organic matter (see Note 4).
    (i) An organic compound containing the bivalent -O-O- structure and 
which may be considered a derivative of hydrogen peroxide where one or 
more of the hydrogen atoms have been replaced by organic radicals must 
be classed as an organic peroxide unless:
    (A) The material meets the definition of a Class A explosive or a 
Class B explosive, as defined in Sec. 261.23(a)(8), in which case it 
must be classed as an explosive,
    (B) The material is forbidden to be offered for transportation 
according to 49 CFR 172.101 and 49 CFR 173.21,
    (C) It is determined that the predominant hazard of the material 
containing an organic peroxide is other than that of an organic 
peroxide, or

[[Page 73]]

    (D) According to data on file with the Pipeline and Hazardous 
Materials Safety Administration in the U.S. Department of Transportation 
(see Note 3), it has been determined that the material does not present 
a hazard in transportation.
    (b) A solid waste that exhibits the characteristic of ignitability 
has the EPA Hazardous Waste Number of D001.

    Note 1: A description of the Bureau of Explosives' Flame Projection 
Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of 
tests may be procured from the Bureau of Explosives.
    Note 2: As part of a U.S. Department of Transportation (DOT) 
reorganization, the Office of Hazardous Materials Technology (OHMT), 
which was the office listed in the 1980 publication of 49 CFR 173.300 
for the purposes of approving sampling and test procedures for a 
flammable gas, ceased operations on February 20, 2005. OHMT programs 
have moved to the Pipeline and Hazardous Materials Safety Administration 
(PHMSA) in the DOT.
    Note 3: As part of a U.S. Department of Transportation (DOT) 
reorganization, the Research and Special Programs Administration (RSPA), 
which was the office listed in the 1980 publication of 49 CFR 173.151a 
for the purposes of determining that a material does not present a 
hazard in transport, ceased operations on February 20, 2005. RSPA 
programs have moved to the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) in the DOT.
    Note 4: The DOT regulatory definition of an oxidizer was contained 
in Sec. 173.151 of 49 CFR, and the definition of an organic peroxide 
was contained in paragraph 173.151a. An organic peroxide is a type of 
oxidizer.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005; 71 FR 40259, July 
14, 2006]



Sec. 261.22  Characteristic of corrosivity.

    (a) A solid waste exhibits the characteristic of corrosivity if a 
representative sample of the waste has either of the following 
properties:
    (1) It is aqueous and has a pH less than or equal to 2 or greater 
than or equal to 12.5, as determined by a pH meter using Method 9040C in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35 mm (0.250 inch) per year at a test temperature of 55 [deg]C 
(130 [deg]F) as determined by Method 1110A in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, and as incorporated by reference in Sec. 260.11 of this chapter.
    (b) A solid waste that exhibits the characteristic of corrosivity 
has the EPA Hazardous Waste Number of D002.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993; 70 FR 34561, June 
14, 2005]



Sec. 261.23  Characteristic of reactivity.

    (a) A solid waste exhibits the characteristic of reactivity if a 
representative sample of the waste has any of the following properties:
    (1) It is normally unstable and readily undergoes violent change 
without detonating.
    (2) It reacts violently with water.
    (3) It forms potentially explosive mixtures with water.
    (4) When mixed with water, it generates toxic gases, vapors or fumes 
in a quantity sufficient to present a danger to human health or the 
environment.
    (5) It is a cyanide or sulfide bearing waste which, when exposed to 
pH conditions between 2 and 12.5, can generate toxic gases, vapors or 
fumes in a quantity sufficient to present a danger to human health or 
the environment.
    (6) It is capable of detonation or explosive reaction if it is 
subjected to a strong initiating source or if heated under confinement.
    (7) It is readily capable of detonation or explosive decomposition 
or reaction at standard temperature and pressure.
    (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a 
Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as 
defined in 49 CFR 173.88.
    (b) A solid waste that exhibits the characteristic of reactivity has 
the EPA Hazardous Waste Number of D003.

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



Sec. 261.24  Toxicity characteristic.

    (a) A solid waste (except manufactured gas plant waste) exhibits the 
characteristic of toxicity if, using the

[[Page 74]]

Toxicity Characteristic Leaching Procedure, test Method 1311 in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11 of this 
chapter, the extract from a representative sample of the waste contains 
any of the contaminants listed in table 1 at the concentration equal to 
or greater than the respective value given in that table. Where the 
waste contains less than 0.5 percent filterable solids, the waste 
itself, after filtering using the methodology outlined in Method 1311, 
is considered to be the extract for the purpose of this section.
    (b) A solid waste that exhibits the characteristic of toxicity has 
the EPA Hazardous Waste Number specified in Table 1 which corresponds to 
the toxic contaminant causing it to be hazardous.

     Table 1--Maximum Concentration of Contaminants for the Toxicity
                             Characteristic
------------------------------------------------------------------------
                                                              Regulatory
   EPA HW No. \1\            Contaminant         CAS No. \2\  Level (mg/
                                                                  L)
------------------------------------------------------------------------
D004                 Arsenic...................    7440-38-2        5.0
D005                 Barium....................    7440-39-3      100.0
D018                 Benzene...................      71-43-2        0.5
D006                 Cadmium...................    7440-43-9        1.0
D019                 Carbon tetrachloride......      56-23-5        0.5
D020                 Chlordane.................      57-74-9       0.03
D021                 Chlorobenzene.............     108-90-7      100.0
D022                 Chloroform................      67-66-3        6.0
D007                 Chromium..................    7440-47-3        5.0
D023                 o-Cresol..................      95-48-7  \4\ 200.0
D024                 m-Cresol..................     108-39-4  \4\ 200.0
D025                 p-Cresol..................     106-44-5  \4\ 200.0
D026                 Cresol....................  ...........  \4\ 200.0
D016                 2,4-D.....................      94-75-7       10.0
D027                 1,4-Dichlorobenzene.......     106-46-7        7.5
D028                 1,2-Dichloroethane........     107-06-2        0.5
D029                 1,1-Dichloroethylene......      75-35-4        0.7
D030                 2,4-Dinitrotoluene........     121-14-2   \3\ 0.13
D012                 Endrin....................      72-20-8       0.02
D031                 Heptachlor (and its             76-44-8      0.008
                      epoxide).
D032                 Hexachlorobenzene.........     118-74-1   \3\ 0.13
D033                 Hexachlorobutadiene.......      87-68-3        0.5
D034                 Hexachloroethane..........      67-72-1        3.0
D008                 Lead......................    7439-92-1        5.0
D013                 Lindane...................      58-89-9        0.4
D009                 Mercury...................    7439-97-6        0.2
D014                 Methoxychlor..............      72-43-5       10.0
D035                 Methyl ethyl ketone.......      78-93-3      200.0
D036                 Nitrobenzene..............      98-95-3        2.0
D037                 Pentrachlorophenol........      87-86-5      100.0
D038                 Pyridine..................     110-86-1    \3\ 5.0
D010                 Selenium..................    7782-49-2        1.0
D011                 Silver....................    7440-22-4        5.0
D039                 Tetrachloroethyl ene......     127-18-4        0.7
D015                 Toxaphene.................    8001-35-2        0.5
D040                 Trichloroethyl ene........      79-01-6        0.5
D041                 2,4,5-Trichlorophenol.....      95-95-4      400.0
D042                 2,4,6-Trichlorophenol.....      88-06-2        2.0
D017                 2,4,5-TP (Silvex).........      93-72-1        1.0
D043                 Vinyl chloride............      75-01-4        0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
  The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
  total cresol (D026) concentration is used. The regulatory level of
  total cresol is 200 mg/l.


[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar. 
13, 2002; 71 FR 40259, July 14, 2006]



                   Subpart D_Lists of Hazardous Wastes



Sec. 261.30  General.

    (a) A solid waste is a hazardous waste if it is listed in this 
subpart, unless it has been excluded from this list under Sec. Sec. 
260.20 and 260.22.
    (b) The Administrator will indicate his basis for listing the 
classes or types of wastes listed in this subpart by employing one or 
more of the following Hazard Codes:

Ignitable Waste...............................  (I)
Corrosive Waste...............................  (C)
Reactive Waste................................  (R)
Toxicity Characteristic Waste.................  (E)
Acute Hazardous Waste.........................  (H)
Toxic Waste...................................  (T)
 


Appendix VII identifies the constituent which caused the Administrator 
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste 
(T) in Sec. Sec. 261.31 and 261.32.
    (c) Each hazardous waste listed in this subpart is assigned an EPA 
Hazardous Waste Number which precedes the name of the waste. This number 
must be used in complying with the notification requirements of Section 
3010 of the Act and certain recordkeeping and reporting requirements 
under parts 262 through 265, 268, and part 270 of this chapter.
    (d) The following hazardous wastes listed in Sec. 261.31 or Sec. 
261.32 are subject to the exclusion limits for acutely hazardous wastes 
established in Sec. 261.5:

[[Page 75]]

EPA Hazardous Wastes Nos. FO20, FO21, FO22, FO23, FO26, and FO27.

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



Sec. 261.31  Hazardous wastes from non-specific sources.

    (a) The following solid wastes are listed hazardous wastes from non-
specific sources unless they are excluded under Sec. Sec. 260.20 and 
260.22 and listed in appendix IX.

------------------------------------------------------------------------
   Industry and EPA hazardous
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Generic:
  F001.........................  The following spent        (T)
                                  halogenated solvents
                                  used in degreasing:
                                  Tetrachloroethylene,
                                  trichloroethylene,
                                  methylene chloride,
                                  1,1,1-trichloroethane,
                                  carbon tetrachloride,
                                  and chlorinated
                                  fluorocarbons; all spent
                                  solvent mixtures/blends
                                  used in degreasing
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  halogenated solvents or
                                  those solvents listed in
                                  F002, F004, and F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F002.........................  The following spent        (T)
                                  halogenated solvents:
                                  Tetrachloroethylene,
                                  methylene chloride,
                                  trichloroethylene, 1,1,1-
                                  trichloroethane,
                                  chlorobenzene, 1,1,2-
                                  trichloro-1,2,2-
                                  trifluoroethane, ortho-
                                  dichlorobenzene,
                                  trichlorofluoromethane,
                                  and 1,1,2-
                                  trichloroethane; all
                                  spent solvent mixtures/
                                  blends containing,
                                  before use, a total of
                                  ten percent or more (by
                                  volume) of one or more
                                  of the above halogenated
                                  solvents or those listed
                                  in F001, F004, or F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F003.........................  The following spent non-   (I)*
                                  halogenated solvents:
                                  Xylene, acetone, ethyl
                                  acetate, ethyl benzene,
                                  ethyl ether, methyl
                                  isobutyl ketone, n-butyl
                                  alcohol, cyclohexanone,
                                  and methanol; all spent
                                  solvent mixtures/blends
                                  containing, before use,
                                  only the above spent non-
                                  halogenated solvents;
                                  and all spent solvent
                                  mixtures/blends
                                  containing, before use,
                                  one or more of the above
                                  non-halogenated
                                  solvents, and, a total
                                  of ten percent or more
                                  (by volume) of one or
                                  more of those solvents
                                  listed in F001, F002,
                                  F004, and F005; and
                                  still bottoms from the
                                  recovery of these spent
                                  solvents and spent
                                  solvent mixtures.
  F004.........................  The following spent non-   (T)
                                  halogenated solvents:
                                  Cresols and cresylic
                                  acid, and nitrobenzene;
                                  all spent solvent
                                  mixtures/blends
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  non-halogenated solvents
                                  or those solvents listed
                                  in F001, F002, and F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F005.........................  The following spent non-   (I,T)
                                  halogenated solvents:
                                  Toluene, methyl ethyl
                                  ketone, carbon
                                  disulfide, isobutanol,
                                  pyridine, benzene, 2-
                                  ethoxyethanol, and 2-
                                  nitropropane; all spent
                                  solvent mixtures/blends
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  non-halogenated solvents
                                  or those solvents listed
                                  in F001, F002, or F004;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F006.........................  Wastewater treatment       (T)
                                  sludges from
                                  electroplating
                                  operations except from
                                  the following processes:
                                  (1) Sulfuric acid
                                  anodizing of aluminum;
                                  (2) tin plating on
                                  carbon steel; (3) zinc
                                  plating (segregated
                                  basis) on carbon steel;
                                  (4) aluminum or zinc-
                                  aluminum plating on
                                  carbon steel; (5)
                                  cleaning/stripping
                                  associated with tin,
                                  zinc and aluminum
                                  plating on carbon steel;
                                  and (6) chemical etching
                                  and milling of aluminum.
  F007.........................  Spent cyanide plating      (R, T)
                                  bath solutions from
                                  electroplating
                                  operations.
  F008.........................  Plating bath residues      (R, T)
                                  from the bottom of
                                  plating baths from
                                  electroplating
                                  operations where
                                  cyanides are used in the
                                  process.
  F009.........................  Spent stripping and        (R, T)
                                  cleaning bath solutions
                                  from electroplating
                                  operations where
                                  cyanides are used in the
                                  process.
  F010.........................  Quenching bath residues    (R, T)
                                  from oil baths from
                                  metal heat treating
                                  operations where
                                  cyanides are used in the
                                  process.
  F011.........................  Spent cyanide solutions    (R, T)
                                  from salt bath pot
                                  cleaning from metal heat
                                  treating operations.
  F012.........................  Quenching waste water      (T)
                                  treatment sludges from
                                  metal heat treating
                                  operations where
                                  cyanides are used in the
                                  process.
F019...........................  Wastewater treatment       (T)
                                  sludges from the
                                  chemical conversion
                                  coating of aluminum
                                  except from zirconium
                                  phosphating in aluminum
                                  can washing when such
                                  phosphating is an
                                  exclusive conversion
                                  coating process.
                                  Wastewater treatment
                                  sludges from the
                                  manufacturing of motor
                                  vehicles using a zinc
                                  phosphating process will
                                  not be subject to this
                                  listing at the point of
                                  generation if the wastes
                                  are not placed outside
                                  on the land prior to
                                  shipment to a landfill
                                  for disposal and are
                                  either: disposed in a
                                  Subtitle D municipal or
                                  industrial landfill unit
                                  that is equipped with a
                                  single clay liner and is
                                  permitted, licensed or
                                  otherwise authorized by
                                  the state; or disposed
                                  in a landfill unit
                                  subject to, or otherwise
                                  meeting, the landfill
                                  requirements in Sec.
                                  258.40, Sec.  264.301
                                  or Sec.  265.301. For
                                  the purposes of this
                                  listing, motor vehicle
                                  manufacturing is defined
                                  in paragraph (b)(4)(i)
                                  of this section and
                                  (b)(4)(ii) of this
                                  section describes the
                                  recordkeeping
                                  requirements for motor
                                  vehicle manufacturing
                                  facilities.

[[Page 76]]

 
  F020.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- or
                                  tetrachlorophenol, or of
                                  intermediates used to
                                  produce their pesticide
                                  derivatives. (This
                                  listing does not include
                                  wastes from the
                                  production of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F021.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  pentachlorophenol, or of
                                  intermediates used to
                                  produce its derivatives.
  F022.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzenes under
                                  alkaline conditions.
  F023.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the production
                                  or manufacturing use (as
                                  a reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- and
                                  tetrachlorophenols.
                                  (This listing does not
                                  include wastes from
                                  equipment used only for
                                  the production or use of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F024.........................  Process wastes, including  (T)
                                  but not limited to,
                                  distillation residues,
                                  heavy ends, tars, and
                                  reactor clean-out
                                  wastes, from the
                                  production of certain
                                  chlorinated aliphatic
                                  hydrocarbons by free
                                  radical catalyzed
                                  processes. These
                                  chlorinated aliphatic
                                  hydrocarbons are those
                                  having carbon chain
                                  lengths ranging from one
                                  to and including five,
                                  with varying amounts and
                                  positions of chlorine
                                  substitution. (This
                                  listing does not include
                                  wastewaters, wastewater
                                  treatment sludges, spent
                                  catalysts, and wastes
                                  listed in Sec.  261.31
                                  or Sec.  261.32.).
  F025.........................  Condensed light ends,      (T)
                                  spent filters and filter
                                  aids, and spent
                                  desiccant wastes from
                                  the production of
                                  certain chlorinated
                                  aliphatic hydrocarbons,
                                  by free radical
                                  catalyzed processes.
                                  These chlorinated
                                  aliphatic hydrocarbons
                                  are those having carbon
                                  chain lengths ranging
                                  from one to and
                                  including five, with
                                  varying amounts and
                                  positions of chlorine
                                  substitution.
  F026.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzene under
                                  alkaline conditions.
  F027.........................  Discarded unused           (H)
                                  formulations containing
                                  tri-, tetra-, or
                                  pentachlorophenol or
                                  discarded unused
                                  formulations containing
                                  compounds derived from
                                  these chlorophenols.
                                  (This listing does not
                                  include formulations
                                  containing
                                  Hexachlorophene
                                  sythesized from
                                  prepurified 2,4,5-
                                  trichlorophenol as the
                                  sole component.).
  F028.........................  Residues resulting from    (T)
                                  the incineration or
                                  thermal treatment of
                                  soil contaminated with
                                  EPA Hazardous Waste Nos.
                                  F020, F021, F022, F023,
                                  F026, and F027.
  F032.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  currently use or have
                                  previously used
                                  chlorophenolic
                                  formulations (except
                                  potentially cross-
                                  contaminated wastes that
                                  have had the F032 waste
                                  code deleted in
                                  accordance with Sec.
                                  261.35 of this chapter
                                  or potentially cross-
                                  contaminated wastes that
                                  are otherwise currently
                                  regulated as hazardous
                                  wastes (i.e., F034 or
                                  F035), and where the
                                  generator does not
                                  resume or initiate use
                                  of chlorophenolic
                                  formulations). This
                                  listing does not include
                                  K001 bottom sediment
                                  sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.
  F034.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  use creosote
                                  formulations. This
                                  listing does not include
                                  K001 bottom sediment
                                  sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.
  F035.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  use inorganic
                                  preservatives containing
                                  arsenic or chromium.
                                  This listing does not
                                  include K001 bottom
                                  sediment sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.

[[Page 77]]

 
  F037.........................  Petroleum refinery         (T)
                                  primary oil/water/solids
                                  separation sludge--Any
                                  sludge generated from
                                  the gravitational
                                  separation of oil/water/
                                  solids during the
                                  storage or treatment of
                                  process wastewaters and
                                  oil cooling wastewaters
                                  from petroleum
                                  refineries. Such sludges
                                  include, but are not
                                  limited to, those
                                  generated in oil/water/
                                  solids separators; tanks
                                  and impoundments;
                                  ditches and other
                                  conveyances; sumps; and
                                  stormwater units
                                  receiving dry weather
                                  flow. Sludge generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges generated in
                                  aggressive biological
                                  treatment units as
                                  defined in Sec.
                                  261.31(b)(2) (including
                                  sludges generated in one
                                  or more additional units
                                  after wastewaters have
                                  been treated in
                                  aggressive biological
                                  treatment units) and
                                  K051 wastes are not
                                  included in this
                                  listing. This listing
                                  does include residuals
                                  generated from
                                  processing or recycling
                                  oil-bearing hazardous
                                  secondary materials
                                  excluded under Sec.
                                  261.4(a)(12)(i), if
                                  those residuals are to
                                  be disposed of..
  F038.........................  Petroleum refinery         (T)
                                  secondary (emulsified)
                                  oil/water/solids
                                  separation sludge--Any
                                  sludge and/or float
                                  generated from the
                                  physical and/or chemical
                                  separation of oil/water/
                                  solids in process
                                  wastewaters and oily
                                  cooling wastewaters from
                                  petroleum refineries.
                                  Such wastes include, but
                                  are not limited to, all
                                  sludges and floats
                                  generated in: induced
                                  air flotation (IAF)
                                  units, tanks and
                                  impoundments, and all
                                  sludges generated in DAF
                                  units. Sludges generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges and floats
                                  generated in aggressive
                                  biological treatment
                                  units as defined in Sec.
                                    261.31(b)(2)
                                  (including sludges and
                                  floats generated in one
                                  or more additional units
                                  after wastewaters have
                                  been treated in
                                  aggressive biological
                                  treatment units) and
                                  F037, K048, and K051
                                  wastes are not included
                                  in this listing.
  F039.........................  Leachate (liquids that     (T)
                                  have percolated through
                                  land disposed wastes)
                                  resulting from the
                                  disposal of more than
                                  one restricted waste
                                  classified as hazardous
                                  under subpart D of this
                                  part. (Leachate
                                  resulting from the
                                  disposal of one or more
                                  of the following EPA
                                  Hazardous Wastes and no
                                  other Hazardous Wastes
                                  retains its EPA
                                  Hazardous Waste
                                  Number(s): F020, F021,
                                  F022, F026, F027, and/or
                                  F028.).
------------------------------------------------------------------------
*(I,T) should be used to specify mixtures that are ignitable and contain
  toxic constituents.

    (b) Listing Specific Definitions: (1) For the purposes of the F037 
and F038 listings, oil/water/solids is defined as oil and/or water and/
or solids.(2) (i) For the purposes of the F037 and F038 listings, 
aggressive biological treatment units are defined as units which employ 
one of the following four treatment methods: activated sludge; trickling 
filter; rotating biological contactor for the continuous accelerated 
biological oxidation of wastewaters; or high-rate aeration. High-rate 
aeration is a system of surface impoundments or tanks, in which intense 
mechanical aeration is used to completely mix the wastes, enhance 
biological activity, and (A) the units employ a minimum of 6 hp per 
million gallons of treatment volume; and either (B) the hydraulic 
retention time of the unit is no longer than 5 days; or (C) the 
hydraulic retention time is no longer than 30 days and the unit does not 
generate a sludge that is a hazardous waste by the Toxicity 
Characteristic.
    (ii) Generators and treatment, storage and disposal facilities have 
the burden of proving that their sludges are exempt from listing as F037 
and F038 wastes under this definition. Generators and treatment, storage 
and disposal facilities must maintain, in their operating or other 
onsite records, documents and data sufficient to prove that: (A) the 
unit is an aggressive biological treatment unit as defined in this 
subsection; and (B) the sludges sought to be exempted from the 
definitions of F037 and/or F038 were actually generated in the 
aggressive biological treatment unit.
    (3) (i) For the purposes of the F037 listing, sludges are considered 
to be generated at the moment of deposition in the unit, where 
deposition is defined as at least a temporary cessation of lateral 
particle movement.
    (ii) For the purposes of the F038 listing, (A) sludges are 
considered to be generated at the moment of deposition in the unit, 
where deposition is defined as at least a temporary cessation of lateral 
particle movement and (B) floats are considered to be generated at the 
moment they are formed in the top of the unit.

[[Page 78]]

    (4) For the purposes of the F019 listing, the following apply to 
wastewater treatment sludges from the manufacturing of motor vehicles 
using a zinc phosphating process.
    (i) Motor vehicle manufacturing is defined to include the 
manufacture of automobiles and light trucks/utility vehicles (including 
light duty vans, pick-up trucks, minivans, and sport utility vehicles). 
Facilities must be engaged in manufacturing complete vehicles (body and 
chassis or unibody) or chassis only.
    (ii) Generators must maintain in their on-site records documentation 
and information sufficient to prove that the wastewater treatment 
sludges to be exempted from the F019 listing meet the conditions of the 
listing. These records must include: the volume of waste generated and 
disposed of off site; documentation showing when the waste volumes were 
generated and sent off site; the name and address of the receiving 
facility; and documentation confirming receipt of the waste by the 
receiving facility. Generators must maintain these documents on site for 
no less than three years. The retention period for the documentation is 
automatically extended during the course of any enforcement action or as 
requested by the Regional Administrator or the state regulatory 
authority.

[46 FR 4617, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
261.31, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 261.32  Hazardous wastes from specific sources.

    (a)The following solid wastes are listed hazardous wastes from 
specific sources unless they are excluded under Sec. Sec. 260.20 and 
260.22 and listed in appendix IX.

------------------------------------------------------------------------
   Industry and EPA hazardous
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Wood preservation: K001........  Bottom sediment sludge     (T)
                                  from the treatment of
                                  wastewaters from wood
                                  preserving processes
                                  that use creosote and/or
                                  pentachlorophenol.
Inorganic pigments:
  K002.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  yellow and orange
                                  pigments.
  K003.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of molybdate
                                  orange pigments.
  K004.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of zinc
                                  yellow pigments.
  K005.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  green pigments.
  K006.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  oxide green pigments
                                  (anhydrous and hydrated).
  K007.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of iron blue
                                  pigments.
  K008.........................  Oven residue from the      (T)
                                  production of chrome
                                  oxide green pigments.
Organic chemicals:
  K009.........................  Distillation bottoms from  (T)
                                  the production of
                                  acetaldehyde from
                                  ethylene.
  K010.........................  Distillation side cuts     (T)
                                  from the production of
                                  acetaldehyde from
                                  ethylene.
  K011.........................  Bottom stream from the     (R, T)
                                  wastewater stripper in
                                  the production of
                                  acrylonitrile.
  K013.........................  Bottom stream from the     (R, T)
                                  acetonitrile column in
                                  the production of
                                  acrylonitrile.
  K014.........................  Bottoms from the           (T)
                                  acetonitrile
                                  purification column in
                                  the production of
                                  acrylonitrile.
  K015.........................  Still bottoms from the     (T)
                                  distillation of benzyl
                                  chloride.
  K016.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the production of
                                  carbon tetrachloride.
  K017.........................  Heavy ends (still          (T)
                                  bottoms) from the
                                  purification column in
                                  the production of
                                  epichlorohydrin.
  K018.........................  Heavy ends from the        (T)
                                  fractionation column in
                                  ethyl chloride
                                  production.
  K019.........................  Heavy ends from the        (T)
                                  distillation of ethylene
                                  dichloride in ethylene
                                  dichloride production.
  K020.........................  Heavy ends from the        (T)
                                  distillation of vinyl
                                  chloride in vinyl
                                  chloride monomer
                                  production.
  K021.........................  Aqueous spent antimony     (T)
                                  catalyst waste from
                                  fluoromethanes
                                  production.
  K022.........................  Distillation bottom tars   (T)
                                  from the production of
                                  phenol/acetone from
                                  cumene.
  K023.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  naphthalene.
  K024.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  naphthalene.
  K025.........................  Distillation bottoms from  (T)
                                  the production of
                                  nitrobenzene by the
                                  nitration of benzene.
  K026.........................  Stripping still tails      (T)
                                  from the production of
                                  methy ethyl pyridines.
  K027.........................  Centrifuge and             (R, T)
                                  distillation residues
                                  from toluene
                                  diisocyanate production.
  K028.........................  Spent catalyst from the    (T)
                                  hydrochlorinator reactor
                                  in the production of
                                  1,1,1-trichloroethane.
  K029.........................  Waste from the product     (T)
                                  steam stripper in the
                                  production of 1,1,1-
                                  trichloroethane.
  K030.........................  Column bottoms or heavy    (T)
                                  ends from the combined
                                  production of
                                  trichloroethylene and
                                  perchloroethylene.
  K083.........................  Distillation bottoms from  (T)
                                  aniline production.

[[Page 79]]

 
  K085.........................  Distillation or            (T)
                                  fractionation column
                                  bottoms from the
                                  production of
                                  chlorobenzenes.
  K093.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K094.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K095.........................  Distillation bottoms from  (T)
                                  the production of 1,1,1-
                                  trichloroethane.
  K096.........................  Heavy ends from the heavy  (T)
                                  ends column from the
                                  production of 1,1,1-
                                  trichloroethane.
  K103.........................  Process residues from      (T)
                                  aniline extraction from
                                  the production of
                                  aniline.
  K104.........................  Combined wastewater        (T)
                                  streams generated from
                                  nitrobenzene/aniline
                                  production.
  K105.........................  Separated aqueous stream   (T)
                                  from the reactor product
                                  washing step in the
                                  production of
                                  chlorobenzenes.
  K107.........................  Column bottoms from        (C,T)
                                  product separation from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazines.
  K108.........................  Condensed column           (I,T)
                                  overheads from product
                                  separation and condensed
                                  reactor vent gases from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K109.........................  Spent filter cartridges    (T)
                                  from product
                                  purification from the
                                  production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K110.........................  Condensed column           (T)
                                  overheads from
                                  intermediate separation
                                  from the production of
                                  1,1-dimethylhydrazine
                                  (UDMH) from carboxylic
                                  acid hydrazides.
  K111.........................  Product washwaters from    (C,T)
                                  the production of
                                  dinitrotoluene via
                                  nitration of toluene.
  K112.........................  Reaction by-product water  (T)
                                  from the drying column
                                  in the production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K113.........................  Condensed liquid light     (T)
                                  ends from the
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K114.........................  Vicinals from the          (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K115.........................  Heavy ends from the        (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K116.........................  Organic condensate from    (T)
                                  the solvent recovery
                                  column in the production
                                  of toluene diisocyanate
                                  via phosgenation of
                                  toluenediamine.
  K117.........................  Wastewater from the        (T)
                                  reactor vent gas
                                  scrubber in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K118.........................  Spent adsorbent solids     (T)
                                  from purification of
                                  ethylene dibromide in
                                  the production of
                                  ethylene dibromide via
                                  bromination of ethene.
  K136.........................  Still bottoms from the     (T)
                                  purification of ethylene
                                  dibromide in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K149.........................  Distillation bottoms from  (T)
                                  the production of alpha-
                                  (or methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups, (This waste does
                                  not include still
                                  bottoms from the
                                  distillation of benzyl
                                  chloride.).
  K150.........................  Organic residuals,         (T)
                                  excluding spent carbon
                                  adsorbent, from the
                                  spent chlorine gas and
                                  hydrochloric acid
                                  recovery processes
                                  associated with the
                                  production of alpha- (or
                                  methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups.
  K151.........................  Wastewater treatment       (T)
                                  sludges, excluding
                                  neutralization and
                                  biological sludges,
                                  generated during the
                                  treatment of wastewaters
                                  from the production of
                                  alpha- (or methyl-)
                                  chlorinated toluenes,
                                  ring-chlorinated
                                  toluenes, benzoyl
                                  chlorides, and compounds
                                  with mixtures of these
                                  functional groups.
  K156.........................  Organic waste (including   (T)
                                  heavy ends, still
                                  bottoms, light ends,
                                  spent solvents,
                                  filtrates, and
                                  decantates) from the
                                  production of carbamates
                                  and carbamoyl oximes.
                                  (This listing does not
                                  apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K157.........................  Wastewaters (including     (T)
                                  scrubber waters,
                                  condenser waters,
                                  washwaters, and
                                  separation waters) from
                                  the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K158.........................  Bag house dusts and        (T)
                                  filter/separation solids
                                  from the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K159.........................  Organics from the          (T)
                                  treatment of
                                  thiocarbamate wastes.
  K161.........................  Purification solids        (R,T)
                                  (including filtration,
                                  evaporation, and
                                  centrifugation solids),
                                  bag house dust and floor
                                  sweepings from the
                                  production of
                                  dithiocarbamate acids
                                  and their salts. (This
                                  listing does not include
                                  K125 or K126.).

[[Page 80]]

 
  K174.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of ethylene
                                  dichloride or vinyl
                                  chloride monomer
                                  (including sludges that
                                  result from commingled
                                  ethylene dichloride or
                                  vinyl chloride monomer
                                  wastewater and other
                                  wastewater), unless the
                                  sludges meet the
                                  following conditions:
                                  (i) they are disposed of
                                  in a subtitle C or non-
                                  hazardous landfill
                                  licensed or permitted by
                                  the state or federal
                                  government; (ii) they
                                  are not otherwise placed
                                  on the land prior to
                                  final disposal; and
                                  (iii) the generator
                                  maintains documentation
                                  demonstrating that the
                                  waste was either
                                  disposed of in an on-
                                  site landfill or
                                  consigned to a
                                  transporter or disposal
                                  facility that provided a
                                  written commitment to
                                  dispose of the waste in
                                  an off-site landfill.
                                  Respondents in any
                                  action brought to
                                  enforce the requirements
                                  of subtitle C must, upon
                                  a showing by the
                                  government that the
                                  respondent managed
                                  wastewater treatment
                                  sludges from the
                                  production of vinyl
                                  chloride monomer or
                                  ethylene dichloride,
                                  demonstrate that they
                                  meet the terms of the
                                  exclusion set forth
                                  above. In doing so, they
                                  must provide appropriate
                                  documentation (e.g.,
                                  contracts between the
                                  generator and the
                                  landfill owner/operator,
                                  invoices documenting
                                  delivery of waste to
                                  landfill, etc.) that the
                                  terms of the exclusion
                                  were met.
  K175.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of vinyl
                                  chloride monomer using
                                  mercuric chloride
                                  catalyst in an acetylene-
                                  based process.
  K181.........................  Nonwastewaters from the    (T)
                                  production of dyes and/
                                  or pigments (including
                                  nonwastewaters
                                  commingled at the point
                                  of generation with
                                  nonwastewaters from
                                  other processes) that,
                                  at the point of
                                  generation, contain mass
                                  loadings of any of the
                                  constituents identified
                                  in paragraph (c) of this
                                  section that are equal
                                  to or greater than the
                                  corresponding paragraph
                                  (c) levels, as
                                  determined on a calendar
                                  year basis. These wastes
                                  will not be hazardous if
                                  the nonwastewaters are:
                                  (i) disposed in a
                                  Subtitle D landfill unit
                                  subject to the design
                                  criteria in Sec.
                                  258.40, (ii) disposed in
                                  a Subtitle C landfill
                                  unit subject to either
                                  Sec.  264.301 or Sec.
                                  265.301, (iii) disposed
                                  in other Subtitle D
                                  landfill units that meet
                                  the design criteria in
                                  Sec.  258.40, Sec.
                                  264.301, or Sec.
                                  265.301, or (iv) treated
                                  in a combustion unit
                                  that is permitted under
                                  Subtitle C, or an onsite
                                  combustion unit that is
                                  permitted under the
                                  Clean Air Act. For the
                                  purposes of this
                                  listing, dyes and/or
                                  pigments production is
                                  defined in paragraph
                                  (b)(1) of this section.
                                  Paragraph (d) of this
                                  section describes the
                                  process for
                                  demonstrating that a
                                  facility's
                                  nonwastewaters are not
                                  K181. This listing does
                                  not apply to wastes that
                                  are otherwise identified
                                  as hazardous under Sec.
                                  Sec.  261.21-261.24 and
                                  261.31-261.33 at the
                                  point of generation.
                                  Also, the listing does
                                  not apply to wastes
                                  generated before any
                                  annual mass loading
                                  limit is met.
Inorganic chemicals:
  K071.........................  Brine purification muds    (T)
                                  from the mercury cell
                                  process in chlorine
                                  production, where
                                  separately prepurified
                                  brine is not used.
  K073.........................  Chlorinated hydrocarbon    (T)
                                  waste from the
                                  purification step of the
                                  diaphragm cell process
                                  using graphite anodes in
                                  chlorine production.
  K106.........................  Wastewater treatment       (T)
                                  sludge from the mercury
                                  cell process in chlorine
                                  production.
  K176.........................  Baghouse filters from the  (E)
                                  production of antimony
                                  oxide, including filters
                                  from the production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K177.........................  Slag from the production   (T)
                                  of antimony oxide that
                                  is speculatively
                                  accumulated or disposed,
                                  including slag from the
                                  production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K178.........................  Residues from              (T)
                                  manufacturing and
                                  manufacturing-site
                                  storage of ferric
                                  chloride from acids
                                  formed during the
                                  production of titanium
                                  dioxide using the
                                  chloride-ilmenite
                                  process.
Pesticides:
  K031.........................  By-product salts           (T)
                                  generated in the
                                  production of MSMA and
                                  cacodylic acid.
  K032.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chlordane.
  K033.........................  Wastewater and scrub       (T)
                                  water from the
                                  chlorination of
                                  cyclopentadiene in the
                                  production of chlordane.
  K034.........................  Filter solids from the     (T)
                                  filtration of
                                  hexachlorocyclopentadien
                                  e in the production of
                                  chlordane.
  K035.........................  Wastewater treatment       (T)
                                  sludges generated in the
                                  production of creosote.
  K036.........................  Still bottoms from         (T)
                                  toluene reclamation
                                  distillation in the
                                  production of disulfoton.
  K037.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of disulfoton.
  K038.........................  Wastewater from the        (T)
                                  washing and stripping of
                                  phorate production.
  K039.........................  Filter cake from the       (T)
                                  filtration of
                                  diethylphosphorodithioic
                                  acid in the production
                                  of phorate.
  K040.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of phorate.
  K041.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of toxaphene.
  K042.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the distillation of
                                  tetrachlorobenzene in
                                  the production of 2,4,5-
                                  T.
  K043.........................  2,6-Dichlorophenol waste   (T)
                                  from the production of
                                  2,4-D.
  K097.........................  Vacuum stripper discharge  (T)
                                  from the chlordane
                                  chlorinator in the
                                  production of chlordane.
  K098.........................  Untreated process          (T)
                                  wastewater from the
                                  production of toxaphene.
  K099.........................  Untreated wastewater from  (T)
                                  the production of 2,4-D.
  K123.........................  Process wastewater         (T)
                                  (including supernates,
                                  filtrates, and
                                  washwaters) from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salt.

[[Page 81]]

 
  K124.........................  Reactor vent scrubber      (C, T)
                                  water from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K125.........................  Filtration, evaporation,   (T)
                                  and centrifugation
                                  solids from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K126.........................  Baghouse dust and floor    (T)
                                  sweepings in milling and
                                  packaging operations
                                  from the production or
                                  formulation of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K131.........................  Wastewater from the        (C, T)
                                  reactor and spent
                                  sulfuric acid from the
                                  acid dryer from the
                                  production of methyl
                                  bromide.
  K132.........................  Spent absorbent and        (T)
                                  wastewater separator
                                  solids from the
                                  production of methyl
                                  bromide.
Explosives:
  K044.........................  Wastewater treatment       (R)
                                  sludges from the
                                  manufacturing and
                                  processing of explosives.
  K045.........................  Spent carbon from the      (R)
                                  treatment of wastewater
                                  containing explosives.
  K046.........................  Wastewater treatment       (T)
                                  sludges from the
                                  manufacturing,
                                  formulation and loading
                                  of lead-based initiating
                                  compounds.
  K047.........................  Pink/red water from TNT    (R)
                                  operations.
Petroleum refining:
  K048.........................  Dissolved air flotation    (T)
                                  (DAF) float from the
                                  petroleum refining
                                  industry.
  K049.........................  Slop oil emulsion solids   (T)
                                  from the petroleum
                                  refining industry.
  K050.........................  Heat exchanger bundle      (T)
                                  cleaning sludge from the
                                  petroleum refining
                                  industry.
  K051.........................  API separator sludge from  (T)
                                  the petroleum refining
                                  industry.
  K052.........................  Tank bottoms (leaded)      (T)
                                  from the petroleum
                                  refining industry.
  K169.........................  Crude oil storage tank     (T)
                                  sediment from petroleum
                                  refining operations.
  K170.........................  Clarified slurry oil tank  (T)
                                  sediment and/or in-line
                                  filter/separation solids
                                  from petroleum refining
                                  operations.
  K171.........................  Spent Hydrotreating        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
  K172.........................  Spent Hydrorefining        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
Iron and steel:
  K061.........................  Emission control dust/     (T)
                                  sludge from the primary
                                  production of steel in
                                  electric furnaces.
  K062.........................  Spent pickle liquor        (C,T)
                                  generated by steel
                                  finishing operations of
                                  facilities within the
                                  iron and steel industry
                                  (SIC Codes 331 and 332).
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
  K088.........................  Spent potliners from       (T)
                                  primary aluminum
                                  reduction.
Ferroalloys:
Secondary lead:
  K069.........................  Emission control dust/     (T)
                                  sludge from secondary
                                  lead smelting. (Note:
                                  This listing is stayed
                                  administratively for
                                  sludge generated from
                                  secondary acid scrubber
                                  systems. The stay will
                                  remain in effect until
                                  further administrative
                                  action is taken. If EPA
                                  takes further action
                                  effecting this stay, EPA
                                  will publish a notice of
                                  the action in the
                                  Federal Register).
  K100.........................  Waste leaching solution    (T)
                                  from acid leaching of
                                  emission control dust/
                                  sludge from secondary
                                  lead smelting.
Veterinary pharmaceuticals:
  K084.........................  Wastewater treatment       (T)
                                  sludges generated during
                                  the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K101.........................  Distillation tar residues  (T)
                                  from the distillation of
                                  aniline-based compounds
                                  in the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K102.........................  Residue from the use of    (T)
                                  activated carbon for
                                  decolorization in the
                                  production of veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
Ink formulation:
  K086.........................  Solvent washes and         (T)
                                  sludges, caustic washes
                                  and sludges, or water
                                  washes and sludges from
                                  cleaning tubs and
                                  equipment used in the
                                  formulation of ink from
                                  pigments, driers, soaps,
                                  and stabilizers
                                  containing chromium and
                                  lead.
Coking:
  K060.........................  Ammonia still lime sludge  (T)
                                  from coking operations.
  K087.........................  Decanter tank tar sludge   (T)
                                  from coking operations.
  K141.........................  Process residues from the  (T)
                                  recovery of coal tar,
                                  including, but not
                                  limited to, collecting
                                  sump residues from the
                                  production of coke from
                                  coal or the recovery of
                                  coke by-products
                                  produced from coal. This
                                  listing does not include
                                  K087 (decanter tank tar
                                  sludges from coking
                                  operations).
  K142.........................  Tar storage tank residues  (T)
                                  from the production of
                                  coke from coal or from
                                  the recovery of coke by-
                                  products produced from
                                  coal.
  K143.........................  Process residues from the  (T)
                                  recovery of light oil,
                                  including, but not
                                  limited to, those
                                  generated in stills,
                                  decanters, and wash oil
                                  recovery units from the
                                  recovery of coke by-
                                  products produced from
                                  coal.

[[Page 82]]

 
  K144.........................  Wastewater sump residues   (T)
                                  from light oil refining,
                                  including, but not
                                  limited to, intercepting
                                  or contamination sump
                                  sludges from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K145.........................  Residues from naphthalene  (T)
                                  collection and recovery
                                  operations from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K147.........................  Tar storage tank residues  (T)
                                  from coal tar refining.
  K148.........................  Residues from coal tar     (T)
                                  distillation, including
                                  but not limited to,
                                  still bottoms.
------------------------------------------------------------------------

    (b) Listing Specific Definitions: (1) For the purposes of the K181 
listing, dyes and/or pigments production is defined to include 
manufacture of the following product classes: dyes, pigments, or FDA 
certified colors that are classified as azo, triarylmethane, perylene or 
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, 
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane 
products include both triarylmethane and triphenylmethane products. 
Wastes that are not generated at a dyes and/or pigments manufacturing 
site, such as wastes from the offsite use, formulation, and packaging of 
dyes and/or pigments, are not included in the K181 listing.
    (c) K181 Listing Levels. Nonwastewaters containing constituents in 
amounts equal to or exceeding the following levels during any calendar 
year are subject to the K181 listing, unless the conditions in the K181 
listing are met.

------------------------------------------------------------------------
                                                     Chemical     Mass
                    Constituent                      abstracts   levels
                                                        No.      (kg/yr)
------------------------------------------------------------------------
Aniline...........................................     62-53-3     9,300
o-Anisidine.......................................     90-04-0       110
4-Chloroaniline...................................    106-47-8     4,800
p-Cresidine.......................................    120-71-8       660
2,4-Dimethylaniline...............................     95-68-1       100
1,2-Phenylenediamine..............................     95-54-5       710
1,3-Phenylenediamine..............................    108-45-2     1,200
------------------------------------------------------------------------

    (d) Procedures for demonstrating that dyes and/or pigment 
nonwastewaters are not K181. The procedures described in paragraphs 
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters 
from the production of dyes/pigments would not be hazardous (these 
procedures apply to wastes that are not disposed in landfill units or 
treated in combustion units as specified in paragraph (a) of this 
section). If the nonwastewaters are disposed in landfill units or 
treated in combustion units as described in paragraph (a) of this 
section, then the nonwastewaters are not hazardous. In order to 
demonstrate that it is meeting the landfill disposal or combustion 
conditions contained in the K181 listing description, the generator must 
maintain documentation as described in paragraph (d)(4) of this section.
    (1) Determination based on no K181 constituents. Generators that 
have knowledge (e.g., knowledge of constituents in wastes based on prior 
sampling and analysis data and/or information about raw materials used, 
production processes used, and reaction and degradation products formed) 
that their wastes contain none of the K181 constituents (see paragraph 
(c) of this section) can use their knowledge to determine that their 
waste is not K181. The generator must document the basis for all such 
determinations on an annual basis and keep each annual documentation for 
three years.
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or information 
about raw materials used, production processes used, and reaction and 
degradation products formed) to conclude that annual mass loadings for 
the K181 constituents are below the listing levels of paragraph (c) of 
this section. To make this determination, the generator must:
    (i) Each year document the basis for determining that the annual 
quantity of nonwastewaters expected to be generated will be less than 
1,000 metric tons.

[[Page 83]]

    (ii) Track the actual quantity of nonwastewaters generated from 
January 1 through December 31 of each year. If, at any time within the 
year, the actual waste quantity exceeds 1,000 metric tons, the generator 
must comply with the requirements of paragraph (d)(3) of this section 
for the remainder of the year.
    (iii) Keep a running total of the K181 constituent mass loadings 
over the course of the calendar year.
    (iv) Keep the following records on site for the three most recent 
calendar years in which the hazardous waste determinations are made:
    (A) The quantity of dyes and/or pigment nonwastewaters generated.
    (B) The relevant process information used.
    (C) The calculations performed to determine annual total mass 
loadings for each K181 constituent in the nonwastewaters during the 
year.
    (3) Determination for generated quantities greater than 1,000 MT/yr 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is greater than 1,000 
metric tons, the generator must perform all of the steps described in 
paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a 
determination that its waste is not K181.
    (i) Determine which K181 constituents (see paragraph (c) of this 
section) are reasonably expected to be present in the wastes based on 
knowledge of the wastes (e.g., based on prior sampling and analysis data 
and/or information about raw materials used, production processes used, 
and reaction and degradation products formed).
    (ii) If 1,2-phenylenediamine is present in the wastes, the generator 
can use either knowledge or sampling and analysis procedures to 
determine the level of this constituent in the wastes. For 
determinations based on use of knowledge, the generator must comply with 
the procedures for using knowledge described in paragraph (d)(2) of this 
section and keep the records described in paragraph (d)(2)(iv) of this 
section. For determinations based on sampling and analysis, the 
generator must comply with the sampling and analysis and recordkeeping 
requirements described below in this section.
    (iii) Develop a waste sampling and analysis plan (or modify an 
existing plan) to collect and analyze representative waste samples for 
the K181 constituents reasonably expected to be present in the wastes. 
At a minimum, the plan must include:
    (A) A discussion of the number of samples needed to characterize the 
wastes fully;
    (B) The planned sample collection method to obtain representative 
waste samples;
    (C) A discussion of how the sampling plan accounts for potential 
temporal and spatial variability of the wastes.
    (D) A detailed description of the test methods to be used, including 
sample preparation, clean up (if necessary), and determinative methods.
    (iv) Collect and analyze samples in accordance with the waste 
sampling and analysis plan.
    (A) The sampling and analysis must be unbiased, precise, and 
representative of the wastes.
    (B) The analytical measurements must be sufficiently sensitive, 
accurate and precise to support any claim that the constituent mass 
loadings are below the listing levels of paragraph (c) of this section.
    (v) Record the analytical results.
    (vi) Record the waste quantity represented by the sampling and 
analysis results.
    (vii) Calculate constituent-specific mass loadings (product of 
concentrations and waste quantity).
    (viii) Keep a running total of the K181 constituent mass loadings 
over the course of the calendar year.
    (ix) Determine whether the mass of any of the K181 constituents 
listed in paragraph (c) of this section generated between January 1 and 
December 31 of any year is below the K181 listing levels.
    (x) Keep the following records on site for the three most recent 
calendar years in which the hazardous waste determinations are made:
    (A) The sampling and analysis plan.
    (B) The sampling and analysis results (including QA/QC data)
    (C) The quantity of dyes and/or pigment nonwastewaters generated.
    (D) The calculations performed to determine annual mass loadings.

[[Page 84]]

    (xi) Nonhazardous waste determinations must be conducted annually to 
verify that the wastes remain nonhazardous.
    (A) The annual testing requirements are suspended after three 
consecutive successful annual demonstrations that the wastes are 
nonhazardous. The generator can then use knowledge of the wastes to 
support subsequent annual determinations.
    (B) The annual testing requirements are reinstated if the 
manufacturing or waste treatment processes generating the wastes are 
significantly altered, resulting in an increase of the potential for the 
wastes to exceed the listing levels.
    (C) If the annual testing requirements are suspended, the generator 
must keep records of the process knowledge information used to support a 
nonhazardous determination. If testing is reinstated, a description of 
the process change must be retained.
    (4) Recordkeeping for the landfill disposal and combustion 
exemptions. For the purposes of meeting the landfill disposal and 
combustion condition set out in the K181 listing description, the 
generator must maintain on site for three years documentation 
demonstrating that each shipment of waste was received by a landfill 
unit that is subject to or meets the landfill design standards set out 
in the listing description, or was treated in combustion units as 
specified in the listing description.
    (5) Waste holding and handling. During the interim period, from the 
point of generation to completion of the hazardous waste determination, 
the generator is responsible for storing the wastes appropriately. If 
the wastes are determined to be hazardous and the generator has not 
complied with the subtitle C requirements during the interim period, the 
generator could be subject to an enforcement action for improper 
management.

[46 FR 4618, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
261.32, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 261.33  Discarded commercial chemical products, off-specification 

species, container residues, and spill residues thereof.

    The following materials or items are hazardous wastes if and when 
they are discarded or intended to be discarded as described in Sec. 
261.2(a)(2)(i), when they are mixed with waste oil or used oil or other 
material and applied to the land for dust suppression or road treatment, 
when they are otherwise applied to the land in lieu of their original 
intended use or when they are contained in products that are applied to 
the land in lieu of their original intended use, or when, in lieu of 
their original intended use, they are produced for use as (or as a 
component of) a fuel, distributed for use as a fuel, or burned as a 
fuel.
    (a) Any commercial chemical product, or manufacturing chemical 
intermediate having the generic name listed in paragraph (e) or (f) of 
this section.
    (b) Any off-specification commercial chemical product or 
manufacturing chemical intermediate which, if it met specifications, 
would have the generic name listed in paragraph (e) or (f) of this 
section.
    (c) Any residue remaining in a container or in an inner liner 
removed from a container that has held any commercial chemical product 
or manufacturing chemical intermediate having the generic name listed in 
paragraphs (e) or (f) of this section, unless the container is empty as 
defined in Sec. 261.7(b) of this chapter.

[Comment: Unless the residue is being beneficially used or reused, or 
legitimately recycled or reclaimed; or being accumulated, stored, 
transported or treated prior to such use, re-use, recycling or 
reclamation, EPA considers the residue to be intended for discard, and 
thus, a hazardous waste. An example of a legitimate re-use of the 
residue would be where the residue remains in the container and the 
container is used to hold the same commercial chemical product or 
manufacturing chemical intermediate it previously held. An example of 
the discard of the residue would be where the drum is sent to a drum 
reconditioner who reconditions the drum but discards the residue.]

    (d) Any residue or contaminated soil, water or other debris 
resulting from the cleanup of a spill into or on any

[[Page 85]]

land or water of any commercial chemical product or manufacturing 
chemical intermediate having the generic name listed in paragraph (e) or 
(f) of this section, or any residue or contaminated soil, water or other 
debris resulting from the cleanup of a spill, into or on any land or 
water, of any off-specification chemical product and manufacturing 
chemical intermediate which, if it met specifications, would have the 
generic name listed in paragraph (e) or (f) of this section.

[Comment: The phrase ``commercial chemical product or manufacturing 
chemical intermediate having the generic name listed in . . .'' refers 
to a chemical substance which is manufactured or formulated for 
commercial or manufacturing use which consists of the commercially pure 
grade of the chemical, any technical grades of the chemical that are 
produced or marketed, and all formulations in which the chemical is the 
sole active ingredient. It does not refer to a material, such as a 
manufacturing process waste, that contains any of the substances listed 
in paragraph (e) or (f). Where a manufacturing process waste is deemed 
to be a hazardous waste because it contains a substance listed in 
paragraph (e) or (f), such waste will be listed in either Sec. 261.31 
or Sec. 261.32 or will be identified as a hazardous waste by the 
characteristics set forth in subpart C of this part.]

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

[Comment: For the convenience of the regulated community the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates 
that the compound only is listed for acute toxicity. Wastes are first 
listed in alphabetical order by substance and then listed again in 
numerical order by Hazardous Waste Number.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
P023                    107-20-0  Acetaldehyde, chloro-
P002                    591-08-2  Acetamide, N-(aminothioxomethyl)-
P057                    640-19-7  Acetamide, 2-fluoro-
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P070                    116-06-3  Aldicarb
P203                   1646-88-4  Aldicarb sulfone.
P004                    309-00-2  Aldrin
P005                    107-18-6  Allyl alcohol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P008                    504-24-5  4-Aminopyridine
P009                    131-74-8  Ammonium picrate (R)
P119                   7803-55-6  Ammonium vanadate
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P010                   7778-39-4  Arsenic acid H3 AsO4
P012                   1327-53-3  Arsenic oxide As2 O3
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic trioxide
P038                    692-42-2  Arsine, diethyl-
P036                    696-28-6  Arsonous dichloride, phenyl-
P054                    151-56-4  Aziridine
P067                     75-55-8  Aziridine, 2-methyl-
P013                    542-62-1  Barium cyanide
P024                    106-47-8  Benzenamine, 4-chloro-
P077                    100-01-6  Benzenamine, 4-nitro-
P028                    100-44-7  Benzene, (chloromethyl)-
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P014                    108-98-5  Benzenethiol
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1).

[[Page 86]]

 
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P028                    100-44-7  Benzyl chloride
P015                   7440-41-7  Beryllium powder
P017                    598-31-2  Bromoacetone
P018                    357-57-3  Brucine
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-,
                                   O-[(methylamino)carbonyl] oxime
P021                    592-01-8  Calcium cyanide
P021                    592-01-8  Calcium cyanide Ca(CN)2
P189                  55285-14-8  Carbamic acid, [(dibutylamino)-
                                   thio]methyl-, 2,3-dihydro-2,2-
                                   dimethyl- 7-benzofuranyl ester.
P191                    644-64-4  Carbamic acid, dimethyl-, 1-[(dimethyl-
                                   amino)carbonyl]- 5-methyl-1H- pyrazol-
                                   3-yl ester.
P192                    119-38-0  Carbamic acid, dimethyl-, 3-methyl-1-
                                   (1-methylethyl)-1H- pyrazol-5-yl
                                   ester.
P190                   1129-41-5  Carbamic acid, methyl-, 3-methylphenyl
                                   ester.
P127                   1563-66-2  Carbofuran.
P022                     75-15-0  Carbon disulfide
P095                     75-44-5  Carbonic dichloride
P189                  55285-14-8  Carbosulfan.
P023                    107-20-0  Chloroacetaldehyde
P024                    106-47-8  p-Chloroaniline
P026                   5344-82-1  1-(o-Chlorophenyl)thiourea
P027                    542-76-7  3-Chloropropionitrile
P029                    544-92-3  Copper cyanide
P029                    544-92-3  Copper cyanide Cu(CN)
P202                     64-00-6  m-Cumenyl methylcarbamate.
P030                ............  Cyanides (soluble cyanide salts), not
                                   otherwise specified
P031                    460-19-5  Cyanogen
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P016                    542-88-1  Dichloromethyl ether
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P038                    692-42-2  Diethylarsine
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
 
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
 
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P044                     60-51-5  Dimethoate
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine
P191                    644-64-4  Dimetilan.
P047                \1\ 534-52-1  4,6-Dinitro-o-cresol, & salts
P048                     51-28-5  2,4-Dinitrophenol
P020                     88-85-7  Dinoseb
P085                    152-16-9  Diphosphoramide, octamethyl-
P111                    107-49-3  Diphosphoric acid, tetraethyl ester
P039                    298-04-4  Disulfoton
P049                    541-53-7  Dithiobiuret
P185                  26419-73-8  1,3-Dithiolane-2-carboxaldehyde, 2,4-
                                   dimethyl-, O- [(methylamino)-
                                   carbonyl]oxime.
P050                    115-29-7  Endosulfan
P088                    145-73-3  Endothall
P051                     72-20-8  Endrin
P051                     72-20-8  Endrin, & metabolites
P042                     51-43-4  Epinephrine
P031                    460-19-5  Ethanedinitrile
P194                  23135-22-0  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-[[(methylamino)
                                   carbonyl]oxy]-2-oxo-, methyl ester.
P066                  16752-77-5  Ethanimidothioic acid,
                                   N-[[(methylamino)carbonyl]oxy]-,
                                   methyl ester
P101                    107-12-0  Ethyl cyanide
P054                    151-56-4  Ethyleneimine
P097                     52-85-7  Famphur
P056                   7782-41-4  Fluorine
P057                    640-19-7  Fluoroacetamide

[[Page 87]]

 
P058                     62-74-8  Fluoroacetic acid, sodium salt
P198                  23422-53-9  Formetanate hydrochloride.
P197                  17702-57-7  Formparanate.
P065                    628-86-4  Fulminic acid, mercury(2+) salt (R,T)
P059                     76-44-8  Heptachlor
P062                    757-58-4  Hexaethyl tetraphosphate
P116                     79-19-6  Hydrazinecarbothioamide
P068                     60-34-4  Hydrazine, methyl-
P063                     74-90-8  Hydrocyanic acid
P063                     74-90-8  Hydrogen cyanide
P096                   7803-51-2  Hydrogen phosphide
P060                    465-73-6  Isodrin
P192                    119-38-0  Isolan.
P202                     64-00-6  3-Isopropylphenyl N-methylcarbamate.
P007                   2763-96-4  3(2H)-Isoxazolone, 5-(aminomethyl)-
P196                  15339-36-3  Manganese,
                                   bis(dimethylcarbamodithioato-S,S')-,
P196                  15339-36-3  Manganese dimethyldithiocarbamate.
P092                     62-38-4  Mercury, (acetato-O)phenyl-
P065                    628-86-4  Mercury fulminate (R,T)
P082                     62-75-9  Methanamine, N-methyl-N-nitroso-
P064                    624-83-9  Methane, isocyanato-
P016                    542-88-1  Methane, oxybis[chloro-
P112                    509-14-8  Methane, tetranitro- (R)
P118                     75-70-7  Methanethiol, trichloro-
P198                  23422-53-9  Methanimidamide, N,N-dimethyl-N'-[3-
                                   [[(methylamino)-carbonyl]oxy]phenyl]-
                                   , monohydrochloride.
P197                  17702-57-7  Methanimidamide, N,N-dimethyl-N'-[2-
                                   methyl-4-
                                   [[(methylamino)carbonyl]oxy]phenyl]-
P050                    115-29-7  6,9-Methano-2,4,3-benzodioxathiepin,
                                   6,7,8,9,10,10-
                                   hexachloro-1,5,5a,6,9,9a-hexahydro-,
                                   3-oxide
P059                     76-44-8  4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
                                   heptachloro-
                                   3a,4,7,7a-tetrahydro-
P199                   2032-65-7  Methiocarb.
P066                  16752-77-5  Methomyl
P068                     60-34-4  Methyl hydrazine
P064                    624-83-9  Methyl isocyanate
P069                     75-86-5  2-Methyllactonitrile
P071                    298-00-0  Methyl parathion
P190                   1129-41-5  Metolcarb.
P128                     315-8-4  Mexacarbate.
P072                     86-88-4  alpha-Naphthylthiourea
P073                  13463-39-3  Nickel carbonyl
P073                  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-
P074                    557-19-7  Nickel cyanide
P074                    557-19-7  Nickel cyanide Ni(CN)2
P075                 \1\ 54-11-5  Nicotine, & salts
P076                  10102-43-9  Nitric oxide
P077                    100-01-6  p-Nitroaniline
P078                  10102-44-0  Nitrogen dioxide
P076                  10102-43-9  Nitrogen oxide NO
P078                  10102-44-0  Nitrogen oxide NO2
P081                     55-63-0  Nitroglycerine (R)
P082                     62-75-9  N-Nitrosodimethylamine
P084                   4549-40-0  N-Nitrosomethylvinylamine
P085                    152-16-9  Octamethylpyrophosphoramide
P087                  20816-12-0  Osmium oxide OsO4, (T-4)-
P087                  20816-12-0  Osmium tetroxide
P088                    145-73-3  7-Oxabicyclo[2.2.1]heptane-2,3-
                                   dicarboxylic acid
P194                  23135-22-0  Oxamyl.
P089                     56-38-2  Parathion
P034                    131-89-5  Phenol, 2-cyclohexyl-4,6-dinitro-
P048                     51-28-5  Phenol, 2,4-dinitro-
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester).
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate.
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate.
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P094                    298-02-2  Phorate
P095                     75-44-5  Phosgene
P096                   7803-51-2  Phosphine

[[Page 88]]

 
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl
                                   S-[2-(ethylthio)ethyl] ester
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl
                                   S-[(ethylthio)methyl] ester
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methyl amino)-2-oxoethyl] ester
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
P040                    297-97-2  Phosphorothioic acid, O,O-diethyl O-
                                   pyrazinyl ester
P097                     52-85-7  Phosphorothioic acid,
                                   O-[4-[(dimethylamino)sulfonyl]phenyl]
                                   O,O-dimethyl ester
P071                    298-00-0  Phosphorothioic acid, O,O,-dimethyl O-
                                   (4-nitrophenyl) ester
P204                     57-47-6  Physostigmine.
P188                     57-64-7  Physostigmine salicylate.
P110                     78-00-2  Plumbane, tetraethyl-
P098                    151-50-8  Potassium cyanide
P098                    151-50-8  Potassium cyanide K(CN)
P099                    506-61-6  Potassium silver cyanide
P201                   2631-37-0  Promecarb
P070                    116-06-3  Propanal, 2-methyl-2-(methylthio)-,
                                   O-[(methylamino)carbonyl]oxime
P203                   1646-88-4  Propanal, 2-methyl-2-(methyl-sulfonyl)-
                                   , O-[(methylamino)carbonyl] oxime.
P101                    107-12-0  Propanenitrile
P027                    542-76-7  Propanenitrile, 3-chloro-
P069                     75-86-5  Propanenitrile, 2-hydroxy-2-methyl-
P081                     55-63-0  1,2,3-Propanetriol, trinitrate (R)
P017                    598-31-2  2-Propanone, 1-bromo-
P102                    107-19-7  Propargyl alcohol
P003                    107-02-8  2-Propenal
P005                    107-18-6  2-Propen-1-ol
P067                     75-55-8  1,2-Propylenimine
P102                    107-19-7  2-Propyn-1-ol
P008                    504-24-5  4-Pyridinamine
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-,
                                   methylcarbamate (ester), (3aS-cis)-.
P114                  12039-52-0  Selenious acid, dithallium(1+) salt
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                 \1\ 57-24-9  Strychnidin-10-one, & salts
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P108                 \1\ 57-24-9  Strychnine, & salts
P115                   7446-18-6  Sulfuric acid, dithallium(1+) salt
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Tetranitromethane (R)
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Thallium(I) selenite
P115                   7446-18-6  Thallium(I) sulfate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P045                  39196-18-4  Thiofanox
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH
P014                    108-98-5  Thiophenol
P116                     79-19-6  Thiosemicarbazide
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P093                    103-85-5  Thiourea, phenyl-
P185                  26419-73-8  Tirpate.
P123                   8001-35-2  Toxaphene
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2 O5
P120                   1314-62-1  Vanadium pentoxide
P084                   4549-40-0  Vinylamine, N-methyl-N-nitroso-
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%

[[Page 89]]

 
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S')-,
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P205                    137-30-4  Ziram.
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%
P002                    591-08-2  Acetamide, -(aminothioxomethyl)-
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P003                    107-02-8  2-Propenal
P004                    309-00-2  Aldrin
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa-chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
P005                    107-18-6  Allyl alcohol
P005                    107-18-6  2-Propen-1-ol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P007                   2763-96-4  3(2H)-Isoxazolone, 5-(aminomethyl)-
P008                    504-24-5  4-Aminopyridine
P008                    504-24-5  4-Pyridinamine
P009                    131-74-8  Ammonium picrate (R)
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P010                   7778-39-4  Arsenic acid H3 AsO4
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic oxide As2 O3
P012                   1327-53-3  Arsenic trioxide
P013                    542-62-1  Barium cyanide
P014                    108-98-5  Benzenethiol
P014                    108-98-5  Thiophenol
P015                   7440-41-7  Beryllium powder
P016                    542-88-1  Dichloromethyl ether
P016                    542-88-1  Methane, oxybis[chloro-
P017                    598-31-2  Bromoacetone
P017                    598-31-2  2-Propanone, 1-bromo-
P018                    357-57-3  Brucine
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P020                     88-85-7  Dinoseb
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P021                    592-01-8  Calcium cyanide
P021                    592-01-8  Calcium cyanide Ca(CN)2
P022                     75-15-0  Carbon disulfide
P023                    107-20-0  Acetaldehyde, chloro-
P023                    107-20-0  Chloroacetaldehyde
P024                    106-47-8  Benzenamine, 4-chloro-
P024                    106-47-8  p-Chloroaniline
P026                   5344-82-1  1-(o-Chlorophenyl)thiourea
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P027                    542-76-7  3-Chloropropionitrile
P027                    542-76-7  Propanenitrile, 3-chloro-
P028                    100-44-7  Benzene, (chloromethyl)-
P028                    100-44-7  Benzyl chloride
P029                    544-92-3  Copper cyanide
P029                    544-92-3  Copper cyanide Cu(CN)
P030                ............  Cyanides (soluble cyanide salts), not
                                   otherwise specified
P031                    460-19-5  Cyanogen
P031                    460-19-5  Ethanedinitrile
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P034                    131-89-5  Phenol, 2-cyclohexyl-4,6-dinitro-
P036                    696-28-6  Arsonous dichloride, phenyl-
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P038                    692-42-2  Arsine, diethyl-
P038                    692-42-2  Diethylarsine
P039                    298-04-4  Disulfoton
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl S-
                                   [2-(ethylthio)ethyl] ester

[[Page 90]]

 
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P040                    297-97-2  Phosphorothioic acid, O,O-diethyl O-
                                   pyrazinyl ester
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P042                     51-43-4  Epinephrine
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P044                     60-51-5  Dimethoate
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methyl amino)-2-oxoethyl] ester
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-, O-
                                   [(methylamino)carbonyl] oxime
P045                  39196-18-4  Thiofanox
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine
P047                \1\ 534-52-1  4,6-Dinitro-o-cresol, & salts
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P048                     51-28-5  2,4-Dinitrophenol
P048                     51-28-5  Phenol, 2,4-dinitro-
P049                    541-53-7  Dithiobiuret
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH
P050                    115-29-7  Endosulfan
P050                    115-29-7  6,9-Methano-2,4,3-benzodioxathiepin,
                                   6,7,8,9,10,10-hexachloro-
                                   1,5,5a,6,9,9a-hexahydro-, 3-oxide
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P051                     72-20-8  Endrin
P051                     72-20-8  Endrin, & metabolites
P054                    151-56-4  Aziridine
P054                    151-56-4  Ethyleneimine
P056                   7782-41-4  Fluorine
P057                    640-19-7  Acetamide, 2-fluoro-
P057                    640-19-7  Fluoroacetamide
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P058                     62-74-8  Fluoroacetic acid, sodium salt
P059                     76-44-8  Heptachlor
P059                     76-44-8  4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
                                   heptachloro-3a,4,7,7a-tetrahydro-
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa-chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
P060                    465-73-6  Isodrin
P062                    757-58-4  Hexaethyl tetraphosphate
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P063                     74-90-8  Hydrocyanic acid
P063                     74-90-8  Hydrogen cyanide
P064                    624-83-9  Methane, isocyanato-
P064                    624-83-9  Methyl isocyanate
P065                    628-86-4  Fulminic acid, mercury(2+) salt (R,T)
P065                    628-86-4  Mercury fulminate (R,T)
P066                  16752-77-5  Ethanimidothioic acid, N-
                                   [[(methylamino)carbonyl]oxy]-, methyl
                                   ester
P066                  16752-77-5  Methomyl
P067                     75-55-8  Aziridine, 2-methyl-
P067                     75-55-8  1,2-Propylenimine
P068                     60-34-4  Hydrazine, methyl-
P068                     60-34-4  Methyl hydrazine
P069                     75-86-5  2-Methyllactonitrile
P069                     75-86-5  Propanenitrile, 2-hydroxy-2-methyl-
P070                    116-06-3  Aldicarb
P070                    116-06-3  Propanal, 2-methyl-2-(methylthio)-, O-
                                   [(methylamino)carbonyl]oxime
P071                    298-00-0  Methyl parathion
P071                    298-00-0  Phosphorothioic acid, O,O,-dimethyl O-
                                   (4-nitrophenyl) ester
P072                     86-88-4  alpha-Naphthylthiourea
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P073                  13463-39-3  Nickel carbonyl
P073                  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-
P074                    557-19-7  Nickel cyanide
P074                    557-19-7  Nickel cyanide Ni(CN)2
P075                 \1\ 54-11-5  Nicotine, & salts
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P076                  10102-43-9  Nitric oxide
P076                  10102-43-9  Nitrogen oxide NO
P077                    100-01-6  Benzenamine, 4-nitro-
P077                    100-01-6  p-Nitroaniline
P078                  10102-44-0  Nitrogen dioxide
P078                  10102-44-0  Nitrogen oxide NO2

[[Page 91]]

 
P081                     55-63-0  Nitroglycerine (R)
P081                     55-63-0  1,2,3-Propanetriol, trinitrate (R)
P082                     62-75-9  Methanamine, -methyl-N-nitroso-
P082                     62-75-9  N-Nitrosodimethylamine
P084                   4549-40-0  N-Nitrosomethylvinylamine
P084                   4549-40-0  Vinylamine, -methyl-N-nitroso-
P085                    152-16-9  Diphosphoramide, octamethyl-
P085                    152-16-9  Octamethylpyrophosphoramide
P087                  20816-12-0  Osmium oxide OsO4, (T-4)-
P087                  20816-12-0  Osmium tetroxide
P088                    145-73-3  Endothall
P088                    145-73-3  7-Oxabicyclo[2.2.1]heptane-2,3-
                                   dicarboxylic acid
P089                     56-38-2  Parathion
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
P092                     62-38-4  Mercury, (acetato-O)phenyl-
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P093                    103-85-5  Thiourea, phenyl-
P094                    298-02-2  Phorate
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl S-
                                   [(ethylthio)methyl] ester
P095                     75-44-5  Carbonic dichloride
P095                     75-44-5  Phosgene
P096                   7803-51-2  Hydrogen phosphide
P096                   7803-51-2  Phosphine
P097                     52-85-7  Famphur
P097                     52-85-7  Phosphorothioic acid, O-[4-
                                   [(dimethylamino)sulfonyl]phenyl] O,O-
                                   dimethyl ester
P098                    151-50-8  Potassium cyanide
P098                    151-50-8  Potassium cyanide K(CN)
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P099                    506-61-6  Potassium silver cyanide
P101                    107-12-0  Ethyl cyanide
P101                    107-12-0  Propanenitrile
P102                    107-19-7  Propargyl alcohol
P102                    107-19-7  2-Propyn-1-ol
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                \1\ 157-24-9  Strychnidin-10-one, & salts
P108                \1\ 157-24-9  Strychnine, & salts
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P110                     78-00-2  Plumbane, tetraethyl-
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Diphosphoric acid, tetraethyl ester
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Methane, tetranitro-(R)
P112                    509-14-8  Tetranitromethane (R)
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Selenious acid, dithallium(1+) salt
P114                  12039-52-0  Tetraethyldithiopyrophosphate
P115                   7446-18-6  Thiodiphosphoric acid, tetraethyl
                                   ester
P115                   7446-18-6  Plumbane, tetraethyl-
P116                     79-19-6  Tetraethyl lead
P116                     79-19-6  Thiosemicarbazide
P118                     75-70-7  Methanethiol, trichloro-
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Ammonium vanadate
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2O5
P120                   1314-62-1  Vanadium pentoxide
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P123                   8001-35-2  Toxaphene
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P127                   1563-66-2  Carbofuran
P128                     315-8-4  Mexacarbate
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester)

[[Page 92]]

 
P185                  26419-73-8  1,3-Dithiolane-2-carboxaldehyde, 2,4-
                                   dimethyl-, O-[(methylamino)-
                                   carbonyl]oxime.
P185                  26419-73-8  Tirpate
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1)
P188                     57-64-7  Physostigmine salicylate
P189                  55285-14-8  Carbamic acid, [(dibutylamino)-
                                   thio]methyl-, 2,3-dihydro-2,2-
                                   dimethyl-7-benzofuranyl ester
P189                  55285-14-8  Carbosulfan
P190                   1129-41-5  Carbamic acid, methyl-, 3-methylphenyl
                                   ester
P190                   1129-41-5  Metolcarb
P191                    644-64-4  Carbamic acid, dimethyl-, 1-[(dimethyl-
                                   amino)carbonyl]-5-methyl-1H-pyrazol-3-
                                   yl ester
P191                    644-64-4  Dimetilan
P192                    119-38-0  Carbamic acid, dimethyl-, 3-methyl-1-
                                   (1-methylethyl)-1H-pyrazol-5-yl ester
P192                    119-38-0  Isolan
P194                  23135-22-0  Ethanimidthioic acid, 2-
                                   (dimethylamino)-N-[[(methylamino)
                                   carbonyl]oxy]-2-oxo-, methyl ester
P194                  23135-22-0  Oxamyl
P196                  15339-36-3  Manganese,
                                   bis(dimethylcarbamodithioato-
                                   S,S[min])-,
P196                  15339-36-3  Manganese dimethyldithiocarbamate
P197                  17702-57-7  Formparanate
P197                  17702-57-7  Methanimidamide, N,N-dimethyl-N[min]-
                                   [2-methyl-4-
                                   [[(methylamino)carbonyl]oxy]phenyl]-
P198                  23422-53-9  Formetanate hydrochloride
P198                  23422-53-9  Methanimidamide, N,N-dimethyl-N[min]-
                                   [3-[[(methylamino)-
                                   carbonyl]oxy]phenyl]-
                                   monohydrochloride
P199                   2032-65-7  Methiocarb
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate
P201                   2631-37-0  Promecarb
P202                     64-00-6  m-Cumenyl methylcarbamate
P202                     64-00-6  3-Isopropylphenyl N-methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate
P203                   1646-88-4  Aldicarb sulfone
P203                   1646-88-4  Propanal, 2-methyl-2-(methyl-sulfonyl)-
                                   , O-[(methylamino)carbonyl] oxime
P204                     57-47-6  Physostigmine
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-, methylcarbamate (ester),
                                   (3aS-cis)-
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S[min])-,
P205                    137-30-4  Ziram
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.

    (f) The commercial chemical products, manufacturing chemical inter 
mediates, or off-specification commercial chemical products referred to 
in paragraphs (a) through (d) of this section, are identified as toxic 
wastes (T), unless otherwise designated and are subject to the small 
quantity generator exclusion defined in Sec. 261.5 (a) and (g).

[Comment: For the convenience of the regulated community, the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), R (Reactivity), I (Ignitability) and C 
(Corrosivity). Absence of a letter indicates that the compound is only 
listed for toxicity. Wastes are first listed in alphabetical order by 
substance and then listed again in numerical order by Hazardous Waste 
Number.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
U394                  30558-43-1  A2213.
U001                     75-07-0  Acetaldehyde (I)
U034                     75-87-6  Acetaldehyde, trichloro-
U187                     62-44-2  Acetamide, N-(4-ethoxyphenyl)-
U005                     53-96-3  Acetamide, N-9H-fluoren-2-yl-
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U112                    141-78-6  Acetic acid ethyl ester (I)
U144                    301-04-2  Acetic acid, lead(2+) salt
U214                    563-68-8  Acetic acid, thallium(1+) salt
see F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
U002                     67-64-1  Acetone (I)
U003                     75-05-8  Acetonitrile (I,T)

[[Page 93]]

 
U004                     98-86-2  Acetophenone
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U008                     79-10-7  Acrylic acid (I)
U009                    107-13-1  Acrylonitrile
U011                     61-82-5  Amitrole
U012                     62-53-3  Aniline (I,T)
U136                     75-60-5  Arsinic acid, dimethyl-
U014                    492-80-8  Auramine
U015                    115-02-6  Azaserine
U010                     50-07-7  Azirino[2',3':3,4]pyrrolo[1,2-a]indole-
                                   4,7-dione, 6-amino-8-
                                   [[(aminocarbonyl)oxy]methyl]-
                                   1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
                                   methyl-, [1aS-(1aalpha,
                                   8beta,8aalpha,8balpha)]-
U280                    101-27-9  Barban.
U278                  22781-23-3  Bendiocarb.
U364                  22961-82-6  Bendiocarb phenol.
U271                  17804-35-2  Benomyl.
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U016                    225-51-4  Benz[c]acridine
U017                     98-87-3  Benzal chloride
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U018                     56-55-3  Benz[a]anthracene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Benzenamine, 4,4'-carbonimidoylbis[N,N-
                                   dimethyl-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U328                     95-53-4  Benzenamine, 2-methyl-
U353                    106-49-0  Benzenamine, 4-methyl-
U158                    101-14-4  Benzenamine, 4,4'-methylenebis[2-
                                   chloro-
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U019                     71-43-2  Benzene (I,T)
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U037                    108-90-7  Benzene, chloro-
U221                  25376-45-8  Benzenediamine, ar-methyl-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U070                     95-50-1  Benzene, 1,2-dichloro-
U071                    541-73-1  Benzene, 1,3-dichloro-
U072                    106-46-7  Benzene, 1,4-dichloro-
U060                     72-54-8  Benzene, 1,1'-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U017                     98-87-3  Benzene, (dichloromethyl)-
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U239                   1330-20-7  Benzene, dimethyl- (I,T)
U201                    108-46-3  1,3-Benzenediol
U127                    118-74-1  Benzene, hexachloro-
U056                    110-82-7  Benzene, hexahydro- (I)
U220                    108-88-3  Benzene, methyl-
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U055                     98-82-8  Benzene, (1-methylethyl)- (I)
U169                     98-95-3  Benzene, nitro-
U183                    608-93-5  Benzene, pentachloro-
U185                     82-68-8  Benzene, pentachloronitro-
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U061                     50-29-3  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U247                     72-43-5  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U023                     98-07-7  Benzene, (trichloromethyl)-
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U021                     92-87-5  Benzidine
U202                 \1\ 81-07-2  1,2-Benzisothiazol-3(2H)-one, 1,1-
                                   dioxide, & salts
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate.
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-

[[Page 94]]

 
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U064                    189-55-9  Benzo[rst]pentaphene
U248                  \1\81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U022                     50-32-8  Benzo[a]pyrene
U197                    106-51-4  p-Benzoquinone
U023                     98-07-7  Benzotrichloride (C,R,T)
U085                   1464-53-5  2,2'-Bioxirane
U021                     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U073                     91-94-1  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dichloro-
U091                    119-90-4  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethoxy-
U095                    119-93-7  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethyl-
U225                     75-25-2  Bromoform
U030                    101-55-3  4-Bromophenyl phenyl ether
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U031                     71-36-3  1-Butanol (I)
U159                     78-93-3  2-Butanone (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U053                   4170-30-3  2-Butenal
U074                    764-41-0  2-Butene, 1,4-dichloro- (I,T)
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-
                                   2-(1-methoxyethyl)-3-methyl-1-
                                   oxobutoxy]methyl]-
                                   2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
                                   yl ester,
                                   [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031                     71-36-3  n-Butyl alcohol (I)
U136                     75-60-5  Cacodylic acid
U032                  13765-19-0  Calcium chromate
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester.
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester.
U280                    101-27-9  Carbamic acid, (3-chlorophenyl)-, 4-
                                   chloro-2-butynyl ester.
U238                     51-79-6  Carbamic acid, ethyl ester
U178                    615-53-2  Carbamic acid, methylnitroso-, ethyl
                                   ester
U373                    122-42-9  Carbamic acid, phenyl-, 1-methylethyl
                                   ester.
U409                  23564-05-8  Carbamic acid, [1,2-phenylenebis
                                   (iminocarbonothioyl)]bis-, dimethyl
                                   ester.
U097                     79-44-7  Carbamic chloride, dimethyl-
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)
                                   ester.
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-
                                   (phenylmethyl) ester.
U114                \1\ 111-54-6  Carbamodithioic acid, 1,2-
                                   ethanediylbis-,
                                   salts & esters
U062                   2303-16-4  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3-di chloro-2-propenyl) ester
U279                     63-25-2  Carbaryl.
U372                  10605-21-7  Carbendazim.
U367                   1563-38-8  Carbofuran phenol.
U215                   6533-73-9  Carbonic acid, dithallium(1+) salt
U033                    353-50-4  Carbonic difluoride
U156                     79-22-1  Carbonochloridic acid, methyl ester
                                   (I,T)
U033                    353-50-4  Carbon oxyfluoride (R,T)
U211                     56-23-5  Carbon tetrachloride
U034                     75-87-6  Chloral
U035                    305-03-3  Chlorambucil
U036                     57-74-9  Chlordane, alpha & gamma isomers
U026                    494-03-1  Chlornaphazin
U037                    108-90-7  Chlorobenzene
U038                    510-15-6  Chlorobenzilate
U039                     59-50-7  p-Chloro-m-cresol
U042                    110-75-8  2-Chloroethyl vinyl ether
U044                     67-66-3  Chloroform
U046                    107-30-2  Chloromethyl methyl ether
U047                     91-58-7  beta-Chloronaphthalene
U048                     95-57-8  o-Chlorophenol
U049                   3165-93-3  4-Chloro-o-toluidine, hydrochloride
U032                  13765-19-0  Chromic acid H2 CrO4, calcium salt
U050                    218-01-9  Chrysene
U051                ............  Creosote
U052                   1319-77-3  Cresol (Cresylic acid)
U053                   4170-30-3  Crotonaldehyde
U055                     98-82-8  Cumene (I)
U246                    506-68-3  Cyanogen bromide (CN)Br
U197                    106-51-4  2,5-Cyclohexadiene-1,4-dione

[[Page 95]]

 
U056                    110-82-7  Cyclohexane (I)
U129                     58-89-9  Cyclohexane, 1,2,3,4,5,6-hexachloro-,
                                   (1alpha,2alpha,3beta,4alpha,5alpha,6b
                                   eta)-
U057                    108-94-1  Cyclohexanone (I)
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U058                     50-18-0  Cyclophosphamide
U240                 \1\ 94-75-7  2,4-D, salts & esters
U059                  20830-81-3  Daunomycin
U060                     72-54-8  DDD
U061                     50-29-3  DDT
U062                   2303-16-4  Diallate
U063                     53-70-3  Dibenz[a,h]anthracene
U064                    189-55-9  Dibenzo[a,i]pyrene
U066                     96-12-8  1,2-Dibromo-3-chloropropane
U069                     84-74-2  Dibutyl phthalate
U070                     95-50-1  o-Dichlorobenzene
U071                    541-73-1  m-Dichlorobenzene
U072                    106-46-7  p-Dichlorobenzene
U073                     91-94-1  3,3'-Dichlorobenzidine
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U078                     75-35-4  1,1-Dichloroethylene
U079                    156-60-5  1,2-Dichloroethylene
U025                    111-44-4  Dichloroethyl ether
U027                    108-60-1  Dichloroisopropyl ether
U024                    111-91-1  Dichloromethoxy ethane
U081                    120-83-2  2,4-Dichlorophenol
U082                     87-65-0  2,6-Dichlorophenol
U084                    542-75-6  1,3-Dichloropropene
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108                    123-91-1  1,4-Diethyleneoxide
U028                    117-81-7  Diethylhexyl phthalate
U395                   5952-26-1  Diethylene glycol, dicarbamate.
U086                   1615-80-1  N,N'-Diethylhydrazine
U087                   3288-58-2  O,O-Diethyl S-methyl dithiophosphate
U088                     84-66-2  Diethyl phthalate
U089                     56-53-1  Diethylstilbesterol
U090                     94-58-6  Dihydrosafrole
U091                    119-90-4  3,3'-Dimethoxybenzidine
U092                    124-40-3  Dimethylamine (I)
U093                     60-11-7  p-Dimethylaminoazobenzene
U094                     57-97-6  7,12-Dimethylbenz[a]anthracene
U095                    119-93-7  3,3'-Dimethylbenzidine
U096                     80-15-9  alpha,alpha-
                                   Dimethylbenzylhydroperoxide (R)
U097                     79-44-7  Dimethylcarbamoyl chloride
U098                     57-14-7  1,1-Dimethylhydrazine
U099                    540-73-8  1,2-Dimethylhydrazine
U101                    105-67-9  2,4-Dimethylphenol
U102                    131-11-3  Dimethyl phthalate
U103                     77-78-1  Dimethyl sulfate
U105                    121-14-2  2,4-Dinitrotoluene
U106                    606-20-2  2,6-Dinitrotoluene
U107                    117-84-0  Di-n-octyl phthalate
U108                    123-91-1  1,4-Dioxane
U109                    122-66-7  1,2-Diphenylhydrazine
U110                    142-84-7  Dipropylamine (I)
U111                    621-64-7  Di-n-propylnitrosamine
U041                    106-89-8  Epichlorohydrin
U001                     75-07-0  Ethanal (I)
U404                    121-44-8  Ethanamine, N,N-diethyl-
U174                     55-18-5  Ethanamine, N-ethyl-N-nitroso-
U155                     91-80-5  1,2-Ethanediamine, N,N-dimethyl-N'-2-
                                   pyridinyl-N'-(2-thienylmethyl)-
U067                    106-93-4  Ethane, 1,2-dibromo-
U076                     75-34-3  Ethane, 1,1-dichloro-
U077                    107-06-2  Ethane, 1,2-dichloro-
U131                     67-72-1  Ethane, hexachloro-
U024                    111-91-1  Ethane, 1,1'-[methylenebis(oxy)]bis[2-
                                   chloro-
U117                     60-29-7  Ethane, 1,1'-oxybis-(I)
U025                    111-44-4  Ethane, 1,1'-oxybis[2-chloro-
U184                     76-01-7  Ethane, pentachloro-
U208                    630-20-6  Ethane, 1,1,1,2-tetrachloro-
U209                     79-34-5  Ethane, 1,1,2,2-tetrachloro-

[[Page 96]]

 
U218                     62-55-5  Ethanethioamide
U226                     71-55-6  Ethane, 1,1,1-trichloro-
U227                     79-00-5  Ethane, 1,1,2-trichloro-
U410                  59669-26-0  Ethanimidothioic acid, N,N'-
                                   [thiobis[(methylimino)carbonyloxy]]bi
                                   s-, dimethyl ester
U394                  30558-43-1  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-hydroxy-2-oxo-,
                                   methyl ester.
U359                    110-80-5  Ethanol, 2-ethoxy-
U173                   1116-54-7  Ethanol, 2,2'-(nitrosoimino)bis-
U395                   5952-26-1  Ethanol, 2,2'-oxybis-, dicarbamate.
U004                     98-86-2  Ethanone, 1-phenyl-
U043                     75-01-4  Ethene, chloro-
U042                    110-75-8  Ethene, (2-chloroethoxy)-
U078                     75-35-4  Ethene, 1,1-dichloro-
U079                    156-60-5  Ethene, 1,2-dichloro-, (E)-
U210                    127-18-4  Ethene, tetrachloro-
U228                     79-01-6  Ethene, trichloro-
U112                    141-78-6  Ethyl acetate (I)
U113                    140-88-5  Ethyl acrylate (I)
U238                     51-79-6  Ethyl carbamate (urethane)
U117                     60-29-7  Ethyl ether (I)
U114                \1\ 111-54-6  Ethylenebisdithiocarbamic acid, salts
                                   & esters
U067                    106-93-4  Ethylene dibromide
U077                    107-06-2  Ethylene dichloride
U359                    110-80-5  Ethylene glycol monoethyl ether
U115                     75-21-8  Ethylene oxide (I,T)
U116                     96-45-7  Ethylenethiourea
U076                     75-34-3  Ethylidene dichloride
U118                     97-63-2  Ethyl methacrylate
U119                     62-50-0  Ethyl methanesulfonate
U120                    206-44-0  Fluoranthene
U122                     50-00-0  Formaldehyde
U123                     64-18-6  Formic acid (C,T)
U124                    110-00-9  Furan (I)
U125                     98-01-1  2-Furancarboxaldehyde (I)
U147                    108-31-6  2,5-Furandione
U213                    109-99-9  Furan, tetrahydro-(I)
U125                     98-01-1  Furfural (I)
U124                    110-00-9  Furfuran (I)
U206                  18883-66-4  Glucopyranose, 2-deoxy-2-(3-methyl-3-
                                   nitrosoureido)-, D-
U206                  18883-66-4  D-Glucose, 2-deoxy-2-
                                   [[(methylnitrosoamino)-
                                   carbonyl]amino]-
U126                    765-34-4  Glycidylaldehyde
U163                     70-25-7  Guanidine, N-methyl-N'-nitro-N-nitroso-
 
U127                    118-74-1  Hexachlorobenzene
U128                     87-68-3  Hexachlorobutadiene
U130                     77-47-4  Hexachlorocyclopentadiene
U131                     67-72-1  Hexachloroethane
U132                     70-30-4  Hexachlorophene
U243                   1888-71-7  Hexachloropropene
U133                    302-01-2  Hydrazine (R,T)
U086                   1615-80-1  Hydrazine, 1,2-diethyl-
U098                     57-14-7  Hydrazine, 1,1-dimethyl-
U099                    540-73-8  Hydrazine, 1,2-dimethyl-
U109                    122-66-7  Hydrazine, 1,2-diphenyl-
U134                   7664-39-3  Hydrofluoric acid (C,T)
U134                   7664-39-3  Hydrogen fluoride (C,T)
U135                   7783-06-4  Hydrogen sulfide
U135                   7783-06-4  Hydrogen sulfide H2 S
U096                     80-15-9  Hydroperoxide, 1-methyl-1-phenylethyl-
                                   (R)
U116                     96-45-7  2-Imidazolidinethione
U137                    193-39-5  Indeno[1,2,3-cd]pyrene
U190                     85-44-9  1,3-Isobenzofurandione
U140                     78-83-1  Isobutyl alcohol (I,T)
U141                    120-58-1  Isosafrole
U142                    143-50-0  Kepone
U143                    303-34-4  Lasiocarpine
U144                    301-04-2  Lead acetate
U146                   1335-32-6  Lead, bis(acetato-O)tetrahydroxytri-
U145                   7446-27-7  Lead phosphate
U146                   1335-32-6  Lead subacetate
U129                     58-89-9  Lindane
U163                     70-25-7  MNNG
U147                    108-31-6  Maleic anhydride

[[Page 97]]

 
U148                    123-33-1  Maleic hydrazide
U149                    109-77-3  Malononitrile
U150                    148-82-3  Melphalan
U151                   7439-97-6  Mercury
U152                    126-98-7  Methacrylonitrile (I, T)
U092                    124-40-3  Methanamine, N-methyl- (I)
U029                     74-83-9  Methane, bromo-
U045                     74-87-3  Methane, chloro- (I, T)
U046                    107-30-2  Methane, chloromethoxy-
U068                     74-95-3  Methane, dibromo-
U080                     75-09-2  Methane, dichloro-
U075                     75-71-8  Methane, dichlorodifluoro-
U138                     74-88-4  Methane, iodo-
U119                     62-50-0  Methanesulfonic acid, ethyl ester
U211                     56-23-5  Methane, tetrachloro-
U153                     74-93-1  Methanethiol (I, T)
U225                     75-25-2  Methane, tribromo-
U044                     67-66-3  Methane, trichloro-
U121                     75-69-4  Methane, trichlorofluoro-
U036                     57-74-9  4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
                                   octachloro-2,3,3a,4,7,7a-hexahydro-
U154                     67-56-1  Methanol (I)
U155                     91-80-5  Methapyrilene
U142                    143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
                                   2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
                                   decachlorooctahydro-
U247                     72-43-5  Methoxychlor
U154                     67-56-1  Methyl alcohol (I)
U029                     74-83-9  Methyl bromide
U186                    504-60-9  1-Methylbutadiene (I)
U045                     74-87-3  Methyl chloride (I,T)
U156                     79-22-1  Methyl chlorocarbonate (I,T)
U226                     71-55-6  Methyl chloroform
U157                     56-49-5  3-Methylcholanthrene
U158                    101-14-4  4,4'-Methylenebis(2-chloroaniline)
U068                     74-95-3  Methylene bromide
U080                     75-09-2  Methylene chloride
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)
U138                     74-88-4  Methyl iodide
U161                    108-10-1  Methyl isobutyl ketone (I)
U162                     80-62-6  Methyl methacrylate (I,T)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U164                     56-04-2  Methylthiouracil
U010                     50-07-7  Mitomycin C
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U167                    134-32-7  1-Naphthalenamine
U168                     91-59-8  2-Naphthalenamine
U026                    494-03-1  Naphthalenamine, N,N'-bis(2-
                                   chloroethyl)-
U165                     91-20-3  Naphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U166                    130-15-4  1,4-Naphthalenedione
U236                     72-57-1  2,7-Naphthalenedisulfonic acid, 3,3'-
                                   [(3,3'-
                                   dimethyl[1,1'-biphenyl]-4,4'-
                                   diyl)bis(azo)bis[5-amino-4-hydroxy]-,
                                   tetrasodium salt
U279                     63-25-2  1-Naphthalenol, methylcarbamate.
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  beta-Naphthylamine
U217                  10102-45-1  Nitric acid, thallium(1+) salt
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U171                     79-46-9  2-Nitropropane (I,T)
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U177                    684-93-5  N-Nitroso-N-methylurea
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U180                    930-55-2  N-Nitrosopyrrolidine
U181                     99-55-8  5-Nitro-o-toluidine
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine,
                                   N,N-bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide

[[Page 98]]

 
U115                     75-21-8  Oxirane (I,T)
U126                    765-34-4  Oxiranecarboxyaldehyde
U041                    106-89-8  Oxirane, (chloromethyl)-
              U182      123-63-7  Paraldehyde
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
See F027                 87-86-5  Pentachlorophenol
U161                    108-10-1  Pentanol, 4-methyl-
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U048                     95-57-8  Phenol, 2-chloro-
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  Phenol, 2,6-dichloro-
U089                     56-53-1  Phenol, 4,4'-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U101                    105-67-9  Phenol, 2,4-dimethyl-
U052                   1319-77-3  Phenol, methyl-
U132                     70-30-4  Phenol, 2,2'-methylenebis[3,4,6-
                                   trichloro-
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate.
U170                    100-02-7  Phenol, 4-nitro-
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-
U145                   7446-27-7  Phosphoric acid, lead(2+) salt (2:3)
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U189                   1314-80-3  Phosphorus sulfide (R)
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U179                    100-75-4  Piperidine, 1-nitroso-
U192                  23950-58-5  Pronamide
U194                    107-10-8  1-Propanamine (I,T)
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U110                    142-84-7  1-Propanamine, N-propyl- (I)
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U083                     78-87-5  Propane, 1,2-dichloro-
U149                    109-77-3  Propanedinitrile
U171                     79-46-9  Propane, 2-nitro- (I,T)
U027                    108-60-1  Propane, 2,2'-oxybis[2-chloro-
U193                   1120-71-4  1,3-Propane sultone
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U002                     67-64-1  2-Propanone (I)
U007                     79-06-1  2-Propenamide
U084                    542-75-6  1-Propene, 1,3-dichloro-
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U009                    107-13-1  2-Propenenitrile
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U008                     79-10-7  2-Propenoic acid (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U373                    122-42-9  Propham.
U411                    114-26-1  Propoxur.
U387                  52888-80-9  Prosulfocarb.
U194                    107-10-8  n-Propylamine (I,T)
U083                     78-87-5  Propylene dichloride
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U196                    110-86-1  Pyridine
U191                    109-06-8  Pyridine, 2-methyl-
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                   chloroethyl)amino]-

[[Page 99]]

 
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U200                     50-55-5  Reserpine
U201                    108-46-3  Resorcinol
U202                 \1\ 81-07-2  Saccharin, & salts
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U015                    115-02-6  L-Serine, diazoacetate (ester)
See F027                 93-72-1  Silvex (2,4,5-TP)
U206                  18883-66-4  Streptozotocin
U103                     77-78-1  Sulfuric acid, dimethyl ester
U189                   1314-80-3  Sulfur phosphide (R)
See F027                 93-76-5  2,4,5-T
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Tetrachloroethylene
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  thallium chloride TlCl
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Thioacetamide
U410                  59669-26-0  Thiodicarb.
U153                     74-93-1  Thiomethanol (I,T)
U244                    137-26-8  Thioperoxydicarbonic diamide [(H2
                                   N)C(S)]2 S2, tetramethyl-
U409                  23564-05-8  Thiophanate-methyl.
U219                     62-56-6  Thiourea
U244                    137-26-8  Thiram
U220                    108-88-3  Toluene
U221                  25376-45-8  Toluenediamine
U223                  26471-62-5  Toluene diisocyanate (R,T)
U328                     95-53-4  o-Toluidine
U353                    106-49-0  p-Toluidine
U222                    636-21-5  o-Toluidine hydrochloride
U389                   2303-17-5  Triallate.
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U226                     71-55-6  1,1,1-Trichloroethane
U227                     79-00-5  1,1,2-Trichloroethane
U228                     79-01-6  Trichloroethylene
U121                     75-69-4  Trichloromonofluoromethane
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
U404                    121-44-8  Triethylamine.
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  Trypan blue
U237                     66-75-1  Uracil mustard
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U043                     75-01-4  Vinyl chloride
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U239                   1330-20-7  Xylene (I)
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,
                                   (3beta,16beta,17alpha,18beta,20alpha)-
 
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
U001                     75-07-0  Acetaldehyde (I)
U001                     75-07-0  Ethanal (I)
U002                     67-64-1  Acetone (I)
U002                     67-64-1  2-Propanone (I)
U003                     75-05-8  Acetonitrile (I,T)

[[Page 100]]

 
U004                     98-86-2  Acetophenone
U004                     98-86-2  Ethanone, 1-phenyl-
U005                     53-96-3  Acetamide, -9H-fluoren-2-yl-
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U007                     79-06-1  2-Propenamide
U008                     79-10-7  Acrylic acid (I)
U008                     79-10-7  2-Propenoic acid (I)
U009                    107-13-1  Acrylonitrile
U009                    107-13-1  2-Propenenitrile
U010                     50-07-7  Azirino[2[min],3[min]:3,4]pyrrolo[1,2-
                                   a]indole-4,7-dione, 6-amino-8-
                                   [[(aminocarbonyl)oxy]methyl]-
                                   1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
                                   methyl-, [1aS-(1aalpha,
                                   8beta,8aalpha,8balpha)]-
U010                     50-07-7  Mitomycin C
U011                     61-82-5  Amitrole
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U012                     62-53-3  Aniline (I,T)
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Auramine
U014                    492-80-8  Benzenamine, 4,4[min]-
                                   carbonimidoylbis[N,N-dimethyl-
U015                    115-02-6  Azaserine
U015                    115-02-6  L-Serine, diazoacetate (ester)
U016                    225-51-4  Benz[c]acridine
U017                     98-87-3  Benzal chloride
U017                     98-87-3  Benzene, (dichloromethyl)-
U018                     56-55-3  Benz[a]anthracene
U019                     71-43-2  Benzene (I,T)
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U021                     92-87-5  Benzidine
U021                     92-87-5  [1,1[min]-Biphenyl]-4,4[min]-diamine
U022                     50-32-8  Benzo[a]pyrene
U023                     98-07-7  Benzene, (trichloromethyl)-
U023                     98-07-7  Benzotrichloride (C,R,T)
U024                    111-91-1  Dichloromethoxy ethane
U024                    111-91-1  Ethane, 1,1[min]-
                                   [methylenebis(oxy)]bis[2-chloro-
U025                    111-44-4  Dichloroethyl ether
U025                    111-44-4  Ethane, 1,1[min]-oxybis[2-chloro-
U026                    494-03-1  Chlornaphazin
U026                    494-03-1  Naphthalenamine, N,N[min]-bis(2-
                                   chloroethyl)-
U027                    108-60-1  Dichloroisopropyl ether
U027                    108-60-1  Propane, 2,2[min]-oxybis[2-chloro-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U028                    117-81-7  Diethylhexyl phthalate
U029                     74-83-9  Methane, bromo-
U029                     74-83-9  Methyl bromide
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U030                    101-55-3  4-Bromophenyl phenyl ether
U031                     71-36-3  1-Butanol (I)
U031                     71-36-3  n-Butyl alcohol (I)
U032                  13765-19-0  Calcium chromate
U032                  13765-19-0  Chromic acid H2 CrO4, calcium salt
U033                    353-50-4  Carbonic difluoride
U033                    353-50-4  Carbon oxyfluoride (R,T)
U034                     75-87-6  Acetaldehyde, trichloro-
U034                     75-87-6  Chloral
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U035                    305-03-3  Chlorambucil
U036                     57-74-9  Chlordane, alpha & gamma isomers
U036                     57-74-9  4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
                                   octachloro-2,3,3a,4,7,7a-hexahydro-
U037                    108-90-7  Benzene, chloro-
U037                    108-90-7  Chlorobenzene
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U038                    510-15-6  Chlorobenzilate
U039                     59-50-7  p-Chloro-m-cresol
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U041                    106-89-8  Epichlorohydrin
U041                    106-89-8  Oxirane, (chloromethyl)-
U042                    110-75-8  2-Chloroethyl vinyl ether
U042                    110-75-8  Ethene, (2-chloroethoxy)-
U043                     75-01-4  Ethene, chloro-
U043                     75-01-4  Vinyl chloride

[[Page 101]]

 
U044                     67-66-3  Chloroform
U044                     67-66-3  Methane, trichloro-
U045                     74-87-3  Methane, chloro- (I,T)
U045                     74-87-3  Methyl chloride (I,T)
U046                    107-30-2  Chloromethyl methyl ether
U046                    107-30-2  Methane, chloromethoxy-
U047                     91-58-7  beta-Chloronaphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U048                     95-57-8  o-Chlorophenol
U048                     95-57-8  Phenol, 2-chloro-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U049                   3165-93-3  4-Chloro-o-toluidine, hydrochloride
U050                    218-01-9  Chrysene
U051                ............  Creosote
U052                   1319-77-3  Cresol (Cresylic acid)
U052                   1319-77-3  Phenol, methyl-
U053                   4170-30-3  2-Butenal
U053                   4170-30-3  Crotonaldehyde
U055                     98-82-8  Benzene, (1-methylethyl)-(I)
U055                     98-82-8  Cumene (I)
U056                    110-82-7  Benzene, hexahydro-(I)
U056                    110-82-7  Cyclohexane (I)
U057                    108-94-1  Cyclohexanone (I)
U058                     50-18-0  Cyclophosphamide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine, N,N-
                                   bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide
U059                  20830-81-3  Daunomycin
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U060                     72-54-8  Benzene, 1,1[min]-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U060                     72-54-8  DDD
U061                     50-29-3  Benzene, 1,1[min]-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U061                     50-29-3  DDT
U062                   2303-16-4  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3-di chloro-2-propenyl) ester
U062                   2303-16-4  Diallate
U063                     53-70-3  Dibenz[a,h]anthracene
U064                    189-55-9  Benzo[rst]pentaphene
U064                    189-55-9  Dibenzo[a,i]pyrene
U066                     96-12-8  1,2-Dibromo-3-chloropropane
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U067                    106-93-4  Ethane, 1,2-dibromo-
U067                    106-93-4  Ethylene dibromide
U068                     74-95-3  Methane, dibromo-
U068                     74-95-3  Methylene bromide
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U069                     84-74-2  Dibutyl phthalate
U070                     95-50-1  Benzene, 1,2-dichloro-
U070                     95-50-1  o-Dichlorobenzene
U071                    541-73-1  Benzene, 1,3-dichloro-
U071                    541-73-1  m-Dichlorobenzene
U072                    106-46-7  Benzene, 1,4-dichloro-
U072                    106-46-7  p-Dichlorobenzene
U073                     91-94-1  [1,1[min]-Biphenyl]-4,4[min]-diamine,
                                   3,3[min]-dichloro-
U073                     91-94-1  3,3[min]-Dichlorobenzidine
U074                    764-41-0  2-Butene, 1,4-dichloro-(I,T)
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U075                     75-71-8  Methane, dichlorodifluoro-
U076                     75-34-3  Ethane, 1,1-dichloro-
U076                     75-34-3  Ethylidene dichloride
U077                    107-06-2  Ethane, 1,2-dichloro-
U077                    107-06-2  Ethylene dichloride
U078                     75-35-4  1,1-Dichloroethylene
U078                     75-35-4  Ethene, 1,1-dichloro-
U079                    156-60-5  1,2-Dichloroethylene
U079                    156-60-5  Ethene, 1,2-dichloro-, (E)-
U080                     75-09-2  Methane, dichloro-
U080                     75-09-2  Methylene chloride
U081                    120-83-2  2,4-Dichlorophenol
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  2,6-Dichlorophenol
U082                     87-65-0  Phenol, 2,6-dichloro-
U083                     78-87-5  Propane, 1,2-dichloro-

[[Page 102]]

 
U083                     78-87-5  Propylene dichloride
U084                    542-75-6  1,3-Dichloropropene
U084                    542-75-6  1-Propene, 1,3-dichloro-
U085                   1464-53-5  2,2[min]-Bioxirane
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U086                   1615-80-1  N,N[min]-Diethylhydrazine
U086                   1615-80-1  Hydrazine, 1,2-diethyl-
U087                   3288-58-2  O,O-Diethyl S-methyl dithiophosphate
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U088                     84-66-2  Diethyl phthalate
U089                     56-53-1  Diethylstilbesterol
U089                     56-53-1  Phenol, 4,4[min]-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U090                     94-58-6  Dihydrosafrole
U091                    119-90-4  [1,1[min]-Biphenyl]-4,4[min]-diamine,
                                   3,3[min]-dimethoxy-
U091                    119-90-4  3,3[min]-Dimethoxybenzidine
U092                    124-40-3  Dimethylamine (I)
U092                    124-40-3  Methanamine, -methyl-(I)
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U093                     60-11-7  p-Dimethylaminoazobenzene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U094                     57-97-6  7,12-Dimethylbenz[a]anthracene
U095                    119-93-7  [1,1[min]-Biphenyl]-4,4[min]-diamine,
                                   3,3[min]-dimethyl-
U095                    119-93-7  3,3[min]-Dimethylbenzidine
U096                     80-15-9  alpha,alpha-
                                   Dimethylbenzylhydroperoxide (R)
U096                     80-15-9  Hydroperoxide, 1-methyl-1-phenylethyl-
                                   (R)
U097                     79-44-7  Carbamic chloride, dimethyl-
U097                     79-44-7  Dimethylcarbamoyl chloride
U098                     57-14-7  1,1-Dimethylhydrazine
U098                     57-14-7  Hydrazine, 1,1-dimethyl-
U099                    540-73-8  1,2-Dimethylhydrazine
U099                    540-73-8  Hydrazine, 1,2-dimethyl-
U101                    105-67-9  2,4-Dimethylphenol
U101                    105-67-9  Phenol, 2,4-dimethyl-
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U102                    131-11-3  Dimethyl phthalate
U103                     77-78-1  Dimethyl sulfate
U103                     77-78-1  Sulfuric acid, dimethyl ester
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U105                    121-14-2  2,4-Dinitrotoluene
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U106                    606-20-2  2,6-Dinitrotoluene
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U107                    117-84-0  Di-n-octyl phthalate
U108                    123-91-1  1,4-Diethyleneoxide
U108                    123-91-1  1,4-Dioxane
U109                    122-66-7  1,2-Diphenylhydrazine
U109                    122-66-7  Hydrazine, 1,2-diphenyl-
U110                    142-84-7  Dipropylamine (I)
U110                    142-84-7  1-Propanamine, N-propyl-(I)
U111                    621-64-7  Di-n-propylnitrosamine
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U112                    141-78-6  Acetic acid ethyl ester (I)
U112                    141-78-6  Ethyl acetate (I)
U113                    140-88-5  Ethyl acrylate (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U114                 \1\111-54-6  Carbamodithioic acid, 1,2-
                                   ethanediylbis-, salts & esters
U114                 \1\111-54-6  Ethylenebisdithiocarbamic acid, salts
                                   & esters
U115                     75-21-8  Ethylene oxide (I,T)
U115                     75-21-8  Oxirane (I,T)
U116                     96-45-7  Ethylenethiourea
U116                     96-45-7  2-Imidazolidinethione
U117                     60-29-7  Ethane, 1,1[min]-oxybis-(I)
U117                     60-29-7  Ethyl ether (I)
U118                     97-63-2  Ethyl methacrylate
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U119                     62-50-0  Ethyl methanesulfonate
U119                     62-50-0  Methanesulfonic acid, ethyl ester
U120                    206-44-0  Fluoranthene
U121                     75-69-4  Methane, trichlorofluoro-
U121                     75-69-4  Trichloromonofluoromethane

[[Page 103]]

 
U122                     50-00-0  Formaldehyde
U123                     64-18-6  Formic acid (C,T)
U124                    110-00-9  Furan (I)
U124                    110-00-9  Furfuran (I)
U125                     98-01-1  2-Furancarboxaldehyde (I)
U125                     98-01-1  Furfural (I)
U126                    765-34-4  Glycidylaldehyde
U126                    765-34-4  Oxiranecarboxyaldehyde
U127                    118-74-1  Benzene, hexachloro-
U127                    118-74-1  Hexachlorobenzene
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128                     87-68-3  Hexachlorobutadiene
U129                     58-89-9  Cyclohexane, 1,2,3,4,5,6-hexachloro-,
                                   (1alpha,2alpha,3beta,4alpha,5alpha,6b
                                   eta)-
U129                     58-89-9  Lindane
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U130                     77-47-4  Hexachlorocyclopentadiene
U131                     67-72-1  Ethane, hexachloro-
U131                     67-72-1  Hexachloroethane
U132                     70-30-4  Hexachlorophene
U132                     70-30-4  Phenol, 2,2[min]-methylenebis[3,4,6-
                                   trichloro-
U133                    302-01-2  Hydrazine (R,T)
U134                   7664-39-3  Hydrofluoric acid (C,T)
U134                   7664-39-3  Hydrogen fluoride (C,T)
U135                   7783-06-4  Hydrogen sulfide
U135                   7783-06-4  Hydrogen sulfide H2S
U136                     75-60-5  Arsinic acid, dimethyl-
U136                     75-60-5  Cacodylic acid
U137                    193-39-5  Indeno[1,2,3-cd]pyrene
U138                     74-88-4  Methane, iodo-
U138                     74-88-4  Methyl iodide
U140                     78-83-1  Isobutyl alcohol (I,T)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-
U141                    120-58-1  Isosafrole
U142                    143-50-0  Kepone
U142                    143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
                                   2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
                                   decachlorooctahydro-
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-2-(1-methoxyethyl)-3-methyl-
                                   1-oxobutoxy]methyl]-2,3,5,7a-
                                   tetrahydro-1H-pyrrolizin-1-yl ester,
                                   [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U143                    303-34-4  Lasiocarpine
U144                    301-04-2  Acetic acid, lead(2+) salt
U144                    301-04-2  Lead acetate
U145                   7446-27-7  Lead phosphate
U145                   7446-27-7  Phosphoric acid, lead(2+) salt (2:3)
U146                   1335-32-6  Lead, bis(acetato-O)tetrahydroxytri-
U146                   1335-32-6  Lead subacetate
U147                    108-31-6  2,5-Furandione
U147                    108-31-6  Maleic anhydride
U148                    123-33-1  Maleic hydrazide
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U149                    109-77-3  Malononitrile
U149                    109-77-3  Propanedinitrile
U150                    148-82-3  Melphalan
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-
U151                   7439-97-6  Mercury
U152                    126-98-7  Methacrylonitrile (I,T)
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U153                     74-93-1  Methanethiol (I,T)
U153                     74-93-1  Thiomethanol (I,T)
U154                     67-56-1  Methanol (I)
U154                     67-56-1  Methyl alcohol (I)
U155                     91-80-5  1,2-Ethanediamine, N,N-dimethyl-N[min]-
                                   2-pyridinyl-N[min]-(2-thienylmethyl)-
U155                     91-80-5  Methapyrilene
U156                     79-22-1  Carbonochloridic acid, methyl ester
                                   (I,T)
U156                     79-22-1  Methyl chlorocarbonate (I,T)
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U157                     56-49-5  3-Methylcholanthrene
U158                    101-14-4  Benzenamine, 4,4[min]-methylenebis[2-
                                   chloro-
U158                    101-14-4  4,4[min]-Methylenebis(2-chloroaniline)
U159                     78-93-3  2-Butanone (I,T)
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)

[[Page 104]]

 
U161                    108-10-1  Methyl isobutyl ketone (I)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U161                    108-10-1  Pentanol, 4-methyl-
U162                     80-62-6  Methyl methacrylate (I,T)
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U163                     70-25-7  Guanidine, -methyl-N'-nitro-N-nitroso-
U163                     70-25-7  MNNG
U164                     56-04-2  Methylthiouracil
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U165                     91-20-3  Naphthalene
U166                    130-15-4  1,4-Naphthalenedione
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  1-Naphthalenamine
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  2-Naphthalenamine
U168                     91-59-8  beta-Naphthylamine
U169                     98-95-3  Benzene, nitro-
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U170                    100-02-7  Phenol, 4-nitro-
U171                     79-46-9  2-Nitropropane (I,T)
U171                     79-46-9  Propane, 2-nitro- (I,T)
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  Ethanol, 2,2[min]-(nitrosoimino)bis-
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  Ethanamine, -ethyl-N-nitroso-
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  N-Nitroso-N-methylurea
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U178                    615-53-2  Carbamic acid, methylnitroso-, ethyl
                                   ester
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U179                    100-75-4  Piperidine, 1-nitroso-
U180                    930-55-2  N-Nitrosopyrrolidine
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U181                     99-55-8  5-Nitro-o-toluidine
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U182                    123-63-7  Paraldehyde
U183                    608-93-5  Benzene, pentachloro-
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Ethane, pentachloro-
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Benzene, pentachloronitro-
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
U186                    504-60-9  1-Methylbutadiene (I)
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Acetamide, -(4-ethoxyphenyl)-
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U189                   1314-80-3  Phosphorus sulfide (R)
U189                   1314-80-3  Sulfur phosphide (R)
U190                     85-44-9  1,3-Isobenzofurandione
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U191                    109-06-8  Pyridine, 2-methyl-
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U192                  23950-58-5  Pronamide
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U193                   1120-71-4  1,3-Propane sultone
U194                    107-10-8  1-Propanamine (I,T)
U194                    107-10-8  n-Propylamine (I,T)
U196                    110-86-1  Pyridine
U197                    106-51-4  p-Benzoquinone
U197                    106-51-4  2,5-Cyclohexadiene-1,4-dione
U200                     50-55-5  Reserpine
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,(3beta,16beta,17alpha,18beta,20
                                   alpha)-
U201                    108-46-3  1,3-Benzenediol

[[Page 105]]

 
U201                    108-46-3  Resorcinol
U202                    181-07-2  1,2-Benzisothiazol-3(2H)-one, 1,1-
                                   dioxide, & salts
U202                    181-07-2  Saccharin, & salts
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U206                  18883-66-4  Glucopyranose, 2-deoxy-2-(3-methyl-3-
                                   nitrosoureido)-, D-
U206                  18883-66-4  D-Glucose, 2-deoxy-2-
                                   [[(methylnitrosoamino)-
                                   carbonyl]amino]-
U206                  18883-66-4  Streptozotocin
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene
U208                    630-20-6  Ethane, 1,1,1,2-tetrachloro-
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  Ethane, 1,1,2,2-tetrachloro-
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Ethene, tetrachloro-
U210                    127-18-4  Tetrachloroethylene
U211                     56-23-5  Carbon tetrachloride
U211                     56-23-5  Methane, tetrachloro-
U213                    109-99-9  Furan, tetrahydro-(I)
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Acetic acid, thallium(1+) salt
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Carbonic acid, dithallium(1+) salt
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  Thallium chloride TlCl
U217                  10102-45-1  Nitric acid, thallium(1+) salt
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Ethanethioamide
U218                     62-55-5  Thioacetamide
U219                     62-56-6  Thiourea
U220                    108-88-3  Benzene, methyl-
U220                    108-88-3  Toluene
U221                  25376-45-8  Benzenediamine, ar-methyl-
U221                  25376-45-8  Toluenediamine
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride
U222                    636-21-5  o-Toluidine hydrochloride
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U223                  26471-62-5  Toluene diisocyanate (R,T)
U225                     75-25-2  Bromoform
U225                     75-25-2  Methane, tribromo-
U226                     71-55-6  Ethane, 1,1,1-trichloro-
U226                     71-55-6  Methyl chloroform
U226                     71-55-6  1,1,1-Trichloroethane
U227                     79-00-5  Ethane, 1,1,2-trichloro-
U227                     79-00-5  1,1,2-Trichloroethane
U228                     79-01-6  Ethene, trichloro-
U228                     79-01-6  Trichloroethylene
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  2,7-Naphthalenedisulfonic acid,
                                   3,3[min]-[(3,3[min]-dimethyl[1,1[min]-
                                   biphenyl]-4,4[min]-diyl)bis(azo)bis[5-
                                   amino-4-hydroxy]-, tetrasodium salt
U236                     72-57-1  Trypan blue
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                   chloroethyl)amino]-
U237                     66-75-1  Uracil mustard
U238                     51-79-6  Carbamic acid, ethyl ester
U238                     51-79-6  Ethyl carbamate (urethane)
U239                   1330-20-7  Benzene, dimethyl- (I,T)
U239                   1330-20-7  Xylene (I)
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U240                 \1\ 94-75-7  2,4-D, salts & esters
U243                   1888-71-7  Hexachloropropene
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U244                    137-26-8  Thioperoxydicarbonic diamide
                                   [(H2N)C(S)]2 S2, tetramethyl-
U244                    137-26-8  Thiram
U246                    506-68-3  Cyanogen bromide (CN)Br

[[Page 106]]

 
U247                     72-43-5  Benzene, 1,1[min]-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U247                     72-43-5  Methoxychlor
U248                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
U271                  17804-35-2  Benomyl
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester
U278                  22781-23-3  Bendiocarb
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate
U279                     63-25-2  Carbaryl
U279                     63-25-2  1-Naphthalenol, methylcarbamate
U280                    101-27-9  Barban
U280                    101-27-9  Carbamic acid, (3-chlorophenyl)-, 4-
                                   chloro-2-butynyl ester
U328                     95-53-4  Benzenamine, 2-methyl-
U328                     95-53-4  o-Toluidine
U353                    106-49-0  Benzenamine, 4-methyl-
U353                    106-49-0  p-Toluidine
U359                    110-80-5  Ethanol, 2-ethoxy-
U359                    110-80-5  Ethylene glycol monoethyl ether
U364                  22961-82-6  Bendiocarb phenol
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U367                   1563-38-8  Carbofuran phenol
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester
U372                  10605-21-7  Carbendazim
U373                    122-42-9  Carbamic acid, phenyl-, 1-methylethyl
                                   ester
U373                    122-42-9  Propham
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-
                                   (phenylmethyl) ester
U387                  52888-80-9  Prosulfocarb
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)
                                   ester
U389                   2303-17-5  Triallate
U394                  30558-43-1  A2213
U394                  30558-43-1  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-hydroxy-2-oxo-,
                                   methyl ester
U395                   5952-26-1  Diethylene glycol, dicarbamate
U395                   5952-26-1  Ethanol, 2,2[min]-oxybis-, dicarbamate
U404                    121-44-8  Ethanamine, N,N-diethyl-
U404                    121-44-8  Triethylamine
U409                  23564-05-8  Carbamic acid, [1,2-phenylenebis
                                   (iminocarbonothioyl)]bis-, dimethyl
                                   ester
U409                  23564-05-8  Thiophanate-methyl
U410                  59669-26-0  Ethanimidothioic acid, N,N[min]-
                                   [thiobis[(methylimino)carbonyloxy]]bi
                                   s-, dimethyl ester
U410                  59669-26-0  Thiodicarb
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate
U411                    114-26-1  Propoxur
See F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
See F027                 87-86-5  Pentachlorophenol
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
See F027                 93-72-1  Silvex (2,4,5-TP)
See F027                 93-76-5  2,4,5-T
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.


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

[[Page 107]]


    Editorial Note: For Federal Register citations affecting Sec. 
261.33, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 261.35  Deletion of certain hazardous waste codes following equipment 

cleaning and replacement.

    (a) Wastes from wood preserving processes at plants that do not 
resume or initiate use of chlorophenolic preservatives will not meet the 
listing definition of F032 once the generator has met all of the 
requirements of paragraphs (b) and (c) of this section. These wastes 
may, however, continue to meet another hazardous waste listing 
description or may exhibit one or more of the hazardous waste 
characteristics.
    (b) Generators must either clean or replace all process equipment 
that may have come into contact with chlorophenolic formulations or 
constituents thereof, including, but not limited to, treatment 
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and 
trams, in a manner that minimizes or eliminates the escape of hazardous 
waste or constituents, leachate, contaminated drippage, or hazardous 
waste decomposition products to the ground water, surface water, or 
atmosphere.
    (1) Generators shall do one of the following:
    (i) Prepare and follow an equipment cleaning plan and clean 
equipment in accordance with this section;
    (ii) Prepare and follow an equipment replacement plan and replace 
equipment in accordance with this section; or
    (iii) Document cleaning and replacement in accordance with this 
section, carried out after termination of use of chlorophenolic 
preservations.
    (2) Cleaning Requirements.
    (i) Prepare and sign a written equipment cleaning plan that 
describes:
    (A) The equipment to be cleaned;
    (B) How the equipment will be cleaned;
    (C) The solvent to be used in cleaning;
    (D) How solvent rinses will be tested; and
    (E) How cleaning residues will be disposed.
    (ii) Equipment must be cleaned as follows:
    (A) Remove all visible residues from process equipment;
    (B) Rinse process equipment with an appropriate solvent until 
dioxins and dibenzofurans are not detected in the final solvent rinse.
    (iii) Analytical requirements.
    (A) Rinses must be tested by using an appropriate method.
    (B) ``Not detected'' means at or below the following lower method 
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per 
trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, 
final extraction volume of 10-50 [mu]L. For other congeners--multiply 
the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/
HpCDF, and by 5 for OCDD/OCDF.
    (iv) The generator must manage all residues from the cleaning 
process as F032 waste.
    (3) Replacement requirements.
    (i) Prepare and sign a written equipment replacement plan that 
describes:
    (A) The equipment to be replaced;
    (B) How the equipment will be replaced; and
    (C) How the equipment will be disposed.
    (ii) The generator must manage the discarded equipment as F032 
waste.
    (4) Documentation requirements.
    (i) Document that previous equipment cleaning and/or replacement was 
performed in accordance with this section and occurred after cessation 
of use of chlorophenolic preservatives.
    (c) The generator must maintain the following records documenting 
the cleaning and replacement as part of the facility's operating record:
    (1) The name and address of the facility;
    (2) Formulations previously used and the date on which their use 
ceased in each process at the plant;
    (3) Formulations currently used in each process at the plant;
    (4) The equipment cleaning or replacement plan;

[[Page 108]]

    (5) The name and address of any persons who conducted the cleaning 
and replacement;
    (6) The dates on which cleaning and replacement were accomplished;
    (7) The dates of sampling and testing;
    (8) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization, 
preservation, and chain-of-custody of the samples;
    (9) A description of the tests performed, the date the tests were 
performed, and the results of the tests;
    (10) The name and model numbers of the instrument(s) used in 
performing the tests;
    (11) QA/QC documentation; and
    (12) The following statement signed by the generator or his 
authorized representative:
    I certify under penalty of law that all process equipment required 
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as 
represented in the equipment cleaning and replacement plan and 
accompanying documentation. I am aware that there are significant 
penalties for providing false information, including the possibility of 
fine or imprisonment.

[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991; 70 
FR 34561, June 14, 2005]



                     Subpart E_Exclusions/Exemptions

    Source: 71 FR 42948, July 28, 2006, unless otherwise noted.



Sec. 261.38  Exclusion of comparable fuel, emission-comparable fuel, and 

syngas fuel.

    (a) Specifications for excluded fuels. Materials that meet the 
specifications for comparable fuel, emission-comparable fuel, or syngas 
fuel under paragraphs (a)(1), (a)(2), or (a)(3) of this section, 
respectively, and the other requirements of this section, are not solid 
wastes.
    (1) Comparable fuel specifications.--(i) Physical specifications.--
(A) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500 
J/g).
    (B) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
    (ii) Constituent specifications. For compounds listed in Table 1 to 
this section, the specification levels and, where non-detect is the 
specification, minimum required detection limits are: (see Table 1 of 
this section).
    (2) Emission-comparable fuel specifications--The specifications 
shall be met as-generated. (i) Physical specifications.--(A) Heating 
value. The heating value must be 8,000 BTU/lbs (18,400 J/g) or greater.
    (B) Viscosity. The viscosity must not exceed 50 cs.
    (ii) Constituent specifications--(A) Except as provided by paragraph 
(a)(2)(ii)(B) of this section, for compounds listed in Table 1 of this 
section the specification levels and, where nondetect is the 
specification, minimum required detection limits, are: (see Table 1 of 
this section).
    (B) Specifications not applicable. The specification levels in Table 
1 to this section do not apply for the following hydrocarbons and 
oxygenates under the special conditions provided under this section for 
emission-comparable fuel:
    (1) Benzo(a)anthracene (CAS No. 56-55-3).
    (2) Benzene (CAS No. 71-43-2).
    (3) Benzo(b)fluoranthene (CAS No. 205-99-2)
    (4) Benzo(k)fluoranthene (CAS No. 207-08-9)
    (5) Benzo(a)pyrene (CAS No. 50-32-8)
    (6) Chrysene (CAS No. 218-01-9)
    (7) Dibenzo(a,h)anthracene (CAS No. 52-70-3)
    (8) 7,12-Dimethylbenz(a)anthracene (CAS No. 57-97-6)
    (9) Flouranthene (CAS No. 206-44-0)
    (10) Indeno(1,2,3-cd)pyrene (CAS No. 193-39-5)
    (11) 3-Methlycholanthrene (CAS No. 56-49-5)
    (12) Naphthalene (CAS No. 91-20-3)
    (13) Toluene (CAS No. 108-88-3).
    (14) Acetophenone (CAS No. 98-86-2).
    (15) Acrolein (CAS No. 107-02-8).
    (16) Allyl alcohol (CAS No. 107-18-6).
    (17) Bis(2-ethylhexyl)phthalate [Di-2-e thylhexyl phthalate] (CAS 
No.117-81-7).
    (18) Butyl benzyl phthalate (CAS No. 85-68-7).
    (19) o-Cresol [2-Methyl phenol] (CAS No. 95-48-7).
    (20) m-Cresol [3-Methyl phenol] (CAS No. 108-39-4).
    (21) p-Cresol [4-Methyl phenol] (CAS No.106-44-5).

[[Page 109]]

    (22) Di-n-butyl phthalate (CAS No. 84-74-2).
    (23) Diethyl phthalate (CAS No. 84-66-2).
    (24) 2,4-Dimethylphenol (CAS No. 105-67-9).
    (25) Dimethyl phthalate (CAS No. 131-11-3).
    (26) Di-n-octyl phthalate (CAS No. 117-84-0).
    (27) Endothall (CAS No. 145-73-3).
    (28) Ethyl methacrylate (CAS No. 97-63-2).
    (29) 2-Ethoxyethanol [Ethylene glycol monoethyl ether] (CAS No. 110-
80-5).
    (30) Isobutyl alcohol (CAS No. 78-83-1).
    (31) Isosafrole (CAS No. 120-58-1).
    (32) Methyl ethyl ketone [2-Butanone] (CAS No. 78-93-3).
    (33) Methyl methacrylate (CAS No. 80-62-6).
    (34) 1,4-Naphthoquinone (CAS No. 130-15-4).
    (35) Phenol (CAS No. 108-95-2).
    (36) Propargyl alcohol [2-Propyn-1-ol] (CAS No. 107-19-7).
    (37) Safrole (CAS No. 94-59-7).
    (3) Synthesis gas fuel specifications.--Synthesis gas fuel (i.e., 
syngas fuel) that is generated from hazardous waste must:
    (i) Have a minimum Btu value of 100 Btu/Scf;
    (ii) Contain less than 1 ppmv of total halogen;
    (iii) Contain less than 300 ppmv of total nitrogen other than 
diatomic nitrogen (N2);
    (iv) Contain less than 200 ppmv of hydrogen sulfide; and
    (v) Contain less than 1 ppmv of each hazardous constituent in the 
target list of appendix VIII constituents of this part.
    (4) Blending to meet the specifications. (i) Comparable fuel. (A) 
Hazardous waste shall not be blended to meet the comparable fuel 
specification under paragraph (a)(1) of this section, except as provided 
by paragraph (a)(4)(i)(B) of this section:
    (B) Blending to meet the viscosity specification. A hazardous waste 
blended to meet the viscosity specification for comparable fuel shall:
    (1) As generated and prior to any blending, manipulation, or 
processing, meet the constituent and heating value specifications of 
paragraphs (a)(1)(i)(A) and (a)(1)(ii) of this section;
    (2) Be blended at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
    (3) Not violate the dilution prohibition of paragraph (a)(7) of this 
section.
    (ii) Emission-comparable fuel. Hazardous waste shall not be treated 
by blending or other means to meet the emission-comparable fuel 
specifications under paragraph (a)(2) of this section. Emission-
comparable fuel must meet those specifications as-generated by the 
original generator of the material. Emission-comparable fuel that has 
met the specifications under paragraph (a)(2) of this section as-
generated, and that is subsequently commingled with other materials, 
must continue to meet the specifications.
    (5) Treatment to meet the comparable fuel specifications. (i) A 
hazardous waste may be treated to meet the specifications for comparable 
fuel under paragraph (a)(1) of this section provided the treatment:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying hazardous 
constituents or materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
    (C) Does not violate the dilution prohibition of paragraph (a)(7) of 
this section.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a comparable fuel remain a 
hazardous waste.
    (6) Generation of a syngas fuel. (i) A syngas fuel can be generated 
from the processing of hazardous wastes to meet the exclusion 
specifications of paragraph (a)(3) of this section provided the 
processing:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying constituents or 
materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this

[[Page 110]]

chapter or is an exempt recycling unit pursuant to Sec. 261.6(c); and
    (C) Does not violate the dilution prohibition of paragraph (a)(7) of 
this section.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a syngas fuel remain a 
hazardous waste.
    (7) Dilution prohibition for comparable fuel, emission-comparable 
fuel, and syngas fuel. (i) Comparable fuel and syngas fuel. No 
generator, transporter, handler, or owner or operator of a treatment, 
storage, or disposal facility shall in any way dilute a hazardous waste 
to meet the specifications of paragraphs (a)(1)(i)(A) or (a)(1)(ii) of 
this section for comparable fuel or paragraph (a)(3) of this section for 
syngas.
    (ii) Emission-comparable fuel. Emission-comparable fuel shall not be 
generated by means of dilution.
    (b) Implementation.--(1) General.--(i) Materials that meet the 
specifications provided by paragraph (a) of this section for comparable 
fuel, emission-comparable fuel, or syngas fuel are excluded from the 
definition of solid waste provided that the conditions under this 
section are met. For purposes of this section, such materials are called 
excluded fuel, and the person claiming and qualifying for the exclusion 
is called the excluded fuel generator and the person burning the 
excluded fuel is called the excluded fuel burner.
    (ii) The person who generates the excluded fuel must claim the 
exclusion by compliance with the conditions of this section and keep 
records necessary to document compliance with those conditions.
    (2) Notices. (i) Notices to State RCRA and CAA Directors in 
authorized States or regional RCRA and CAA Directors in unauthorized 
States. (A) The generator must submit a one-time notice, except as 
provided by paragraph (b)(2)(i)(C) of this section, to the Regional or 
State RCRA and CAA Directors, in whose jurisdiction the exclusion is 
being claimed and where the excluded fuel will be burned, certifying 
compliance with the conditions of the exclusion and providing the 
following documentation:
    (1) The name, address, and RCRA ID number of the person/facility 
claiming the exclusion;
    (2) The applicable EPA Hazardous Waste Codes that would otherwise 
apply to the excluded fuel;
    (3) The name and address of the units meeting the requirements of 
paragraphs (b)(3) and (c) of this section, that will burn the excluded 
fuel;
    (4) An estimate of the average and maximum monthly and annual 
quantity of material for which an exclusion would be claimed, except as 
provided by paragraph (b)(2)(i)(D) of this section; and
    (5) The following statement, which shall be signed and submitted by 
the person claiming the exclusion or his authorized representative:

    Under penalty of criminal and civil prosecution for making or 
submitting false statements, representations, or omissions, I certify 
that the requirements of 40 CFR 261.38 have been met for all emission-
comparable fuel/comparable fuel (specify which) identified in this 
notification. Copies of the records and information required at 40 CFR 
261.38(b)(8) are available at the generator's facility. Based on my 
inquiry of the individuals immediately responsible for obtaining the 
information, the information 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.

    (B) Generators of emission-comparable fuel must also include in the 
notices:
    (1) An estimate of the annual quantity of each material for which an 
emission-comparable fuel exclusion would be claimed; and
    (2) An estimate of the maximum concentration of each compound in 
Table 2 to this section in each emission-comparable fuel stream for 
which the fuel exceeds the comparable fuel specifications for those 
compounds in Table 1 to this section.
    (C) If there is a substantive change in the information provided in 
the notice required under this paragraph (b)(2)(i), the generator must 
submit a revised notification.
    (D) Comparable fuel and syngas fuel generators must include an 
estimate of the average and maximum monthly and annual quantity of 
material for

[[Page 111]]

which an exclusion would be claimed only in notices submitted after 
December 19, 2008 for newly excluded comparable fuel or syngas fuel or 
for revised notices as required by paragraph (b)(2)(i)(C) of this 
section.
    (ii) Public notice. Prior to burning an excluded fuel, the burner 
must publish in a major newspaper of general circulation local to the 
site where the fuel will be burned, a notice entitled ``Notification of 
Burning a Fuel Excluded Under the Resource Conservation and Recovery 
Act'' and containing the following information:
    (A) Name, address, and RCRA ID number of the generating 
facility(ies);
    (B) Name and address of the burner and identification of the unit(s) 
that will burn the excluded fuel;
    (C) A brief, general description of the manufacturing, treatment, or 
other process generating the excluded fuel;
    (D) An estimate of the average and maximum monthly and annual 
quantity of the excluded fuel to be burned; and
    (E) Name and mailing address of the Regional or State Directors to 
whom the generator submitted a claim for the exclusion.
    (3) Burning. (i) Comparable fuel and syngas fuel. The exclusion for 
fuels meeting the specifications under paragraphs (a)(1) or (a)(3) of 
this section applies only if the fuel is burned in the following units 
that also shall be subject to Federal/State/local air emission 
requirements, including all applicable requirements implementing Section 
112 of the Clean Air Act:
    (A) Industrial furnaces as defined in Sec. 260.10 of this chapter;
    (B) Boilers, as defined in Sec. 260.10 of this chapter, that are 
further defined as follows:
    (1) 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; or
    (2) Utility boilers used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale;
    (C) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter or applicable CAA MACT standards.
    (D) Gas turbines used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale.
    (ii) Emission-comparable fuel. The exclusion for fuel meeting the 
specifications under paragraph (a)(2) of this section applies only if 
the fuel is burned under the conditions provided by paragraph (c) of 
this section.
    (4) Fuel analysis plan for generators. The generator of an excluded 
fuel shall develop and follow a written fuel analysis plan which 
describes the procedures for sampling and analysis of the material to be 
excluded. The plan shall be followed and retained at the site of the 
generator claiming the exclusion.
    (i) At a minimum, the plan must specify:
    (A) The parameters for which each excluded fuel will be analyzed and 
the rationale for the selection of those parameters;
    (B) The test methods which will be used to test for these 
parameters;
    (C) The sampling method which will be used to obtain a 
representative sample of the excluded fuel to be analyzed;
    (D) The frequency with which the initial analysis of the excluded 
fuel will be reviewed or repeated to ensure that the analysis is 
accurate and up to date; and
    (E) If process knowledge is used in the determination, any 
information prepared by the generator in making such determination.
    (ii) For each analysis, the generator shall document the following:
    (A) The dates and times that samples were obtained, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) who obtained the 
samples;
    (C) A description of the temporal and spatial locations of the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
clean-up and sample preparation methods;
    (F) All quantitation limits achieved and all other quality control 
results for the analysis (including method blanks, duplicate analyses, 
matrix spikes,

[[Page 112]]

etc.), laboratory quality assurance data, and the description of any 
deviations from analytical methods written in the plan or from any other 
activity written in the plan which occurred;
    (G) All laboratory results demonstrating whether the exclusion 
specifications have been met; and
    (H) All laboratory documentation that support the analytical 
results, unless a contract between the claimant and the laboratory 
provides for the documentation to be maintained by the laboratory for 
the period specified in paragraph (b)(9) of this section and also 
provides for the availability of the documentation to the claimant upon 
request.
    (iii) Syngas fuel generators shall submit for approval, prior to 
performing sampling, analysis, or any management of an excluded syngas 
fuel, a fuel analysis plan containing the elements of paragraph 
(b)(4)(i) of this section to the appropriate regulatory authority. The 
approval of fuel analysis plans must be stated in writing and received 
by the facility prior to sampling and analysis to demonstrate the 
exclusion of a syngas. The approval of the fuel analysis plan may 
contain such provisions and conditions as the regulatory authority deems 
appropriate.
    (5) Analysis plans for burners of emission-comparable fuel. An 
emission-comparable fuel burner is subject to the fuel analysis plan 
requirements under paragraph (b)(4) of this section to determine, for 
each fuel fed to the boiler when burning emission-comparable fuel, the 
as-fired heating value and the as-fired concentration of each compound 
listed in paragraph (a)(2)(ii)(B) of this section, except for fuels 
under the situations described below:
    (i) Coal or fuel oil used as primary fuels, when the burner uses the 
heating values and compound concentrations for these fuels provided in 
paragraph (c)(2)(ii)(C) of this section and Tables 3 and 4 to Sec. 
261.38;
    (ii) Emission-comparable fuel, when the burner receives 
documentation of this information from the generator for each shipment 
of emission-comparable fuel, provided that the emission-comparable fuel 
is not blended with other fuels before firing to the burner.
    (iii) Emission-comparable fuel, when the burner receives 
documentation of this information from the generator for each shipment 
of emission-comparable fuel, and the emission-comparable fuel is blended 
with other fuels before firing to the burner, provided that:
    (A) The burner has determined the heating value of the other fuels 
and the concentration of each compound listed in paragraph (a)(2)(ii)(B) 
of this section for the other fuels; and;
    (B) The burner determines by calculation the as-fired heating value 
of the blended emission-comparable fuel and the as-fired concentration 
of each compound listed in paragraph (a)(2)(ii)(B) of this section of 
the blended emission-comparable fuel.
    (6) Excluded fuel sampling and analysis. (i) General. For comparable 
fuel, emission-comparable fuel, and syngas for which an exclusion is 
claimed under the specifications provided by paragraphs (a)(1), (a)(2), 
or (a)(3) of this section, the generator of the material must test for 
all the constituents in appendix VIII to this part, except those that 
the generator determines, based on testing or knowledge, should not be 
present in the fuel. The generator is required to document the basis of 
each determination that a constituent with an applicable specification 
should not be present. The generator may not determine that any of the 
following categories of constituents with a specification in Table 1 to 
this section should not be present:
    (A) A constituent that triggered the toxicity characteristic for the 
constituents that were the basis for listing the hazardous secondary 
material as a hazardous waste, or constituents for which there is a 
treatment standard for the waste code in 40 CFR 268.40;
    (B) A constituent detected in previous analysis of the material;
    (C) Constituents introduced into the process that generates the 
material; or
    (D) Constituents that are byproducts or side reactions to the 
process that generates the material.
    Note to paragraph (b)(6)(i): Any claim under this section must be 
valid and accurate for all hazardous constituents; a determination not 
to test for a hazardous constituent will not shield a generator from 
liability should that constituent later be

[[Page 113]]

found in the fuel/syngas above the exclusion specifications.
    (ii) Use of process knowledge. (A) Comparable fuel and syngas. For 
each material for which the comparable fuel or syngas exclusion is 
claimed where the generator of the excluded fuel is not the original 
generator of the hazardous waste, the generator of the excluded fuel may 
not use process knowledge pursuant to paragraph (b)(6)(i) of this 
section and must test to determine that all of the constituent 
specifications of paragraphs (a)(1) and (a)(3) of this section, as 
applicable, have been met.
    (B) Emission-comparable fuel. Emission-comparable fuel must meet the 
specifications for exclusion as-generated. Thus, the generator may use 
process knowledge to determine that compounds listed in Appendix VIII to 
this part are not present in the emission-comparable fuel.
    (iii) The excluded fuel generator may use any reliable analytical 
method to demonstrate that no constituent of concern is present at 
concentrations above the specification levels. It is the responsibility 
of the generator to ensure that the sampling and analysis are unbiased, 
precise, and representative of the excluded fuel. For the fuel to be 
eligible for exclusion, a generator must demonstrate that:
    (A) The 95% upper confidence limit of the mean concentration for 
each constituent of concern is not above the specification level; and
    (B) The analyses could have detected the presence of the constituent 
at or below the specification level.
    (iv) Nothing in this paragraph (b)(6) preempts, overrides or 
otherwise negates the provision in Sec. 262.11 of this chapter, which 
requires any person who generates a solid waste to determine if that 
waste is a hazardous waste.
    (v) In an enforcement action, the burden of proof to establish 
conformance with the exclusion specification shall be on the generator 
claiming the exclusion.
    (vi) The generator must conduct sampling and analysis in accordance 
with the fuel analysis plan developed under paragraph (b)(4) of this 
section.
    (vii) Viscosity condition for comparable fuel. (A) Excluded 
comparable fuel that has not been blended to meet the kinematic 
viscosity specification shall be analyzed as-generated.
    (B) If hazardous waste is blended to meet the kinematic viscosity 
specification for comparable fuel, the generator shall:
    (1) Analyze the hazardous waste as-generated to ensure that it meets 
the constituent and heating value specifications of paragraph (a)(1) of 
this section; and
    (2) After blending, analyze the fuel again to ensure that the 
blended fuel meets all comparable fuel specifications.
    (viii) Excluded fuel must be re-tested, at a minimum, annually and 
must be retested after a process change that could change its chemical 
or physical properties in a manner that may affect conformance with the 
specifications.
    (ix) An emission-comparable fuel burner must determine, for each 
fuel fired to the burner, the as-fired heating value of the emission-
comparable fuel and the as-fired concentration of each compound listed 
in paragraph (a)(2)(ii)(B) of this section using information provided by 
the generator, information provided by paragraph (c)(2)(ii)(C) of this 
section and Tables 3 and 4 to this section, by sampling and analysis, or 
by calculation when emission-comparable fuel is commingled with other 
fuels and the heating value of the emission comparable fuel and the 
concentration of each compound listed in paragraph (a)(2)(ii)(B) of this 
section is known for the fuels prior to commingling.
    (7) Speculative accumulation. Excluded fuel must not be accumulated 
speculatively, as defined in Sec. 261.1(c)(8).
    (8) Operating record. The generator must maintain an operating 
record on site containing the following information:
    (i) All information required to be submitted to the implementing 
authority as part of the notification of the claim:
    (A) The owner/operator name, address, and RCRA ID number of the 
person claiming the exclusion;
    (B) For each excluded fuel, the EPA Hazardous Waste Codes that would 
be applicable if the material were discarded; and

[[Page 114]]

    (C) The certification signed by the person claiming the exclusion or 
his authorized representative.
    (ii) A brief description of the process that generated the excluded 
fuel. If the comparable fuel generator is not the generator of the 
original hazardous waste, provide a brief description of the process 
that generated the hazardous waste;
    (iii) The monthly and annual quantities of each fuel claimed to be 
excluded;
    (iv) Documentation for any claim that a constituent is not present 
in the excluded fuel as required under paragraph (b)(6) of this section;
    (v) The results of all analyses and all detection limits achieved as 
required under paragraph (b)(4) of this section;
    (vi) If the comparable fuel was generated through treatment or 
blending, documentation of compliance with the applicable provisions of 
paragraphs (a)(4) and (a)(5) of this section;
    (vii) If the excluded fuel is to be shipped off-site, a 
certification from the burner as required under paragraph (b)(10) of 
this section;
    (viii) The fuel analysis plan and documentation of all sampling and 
analysis results as required by paragraph (b)(4) of this section; and
    (ix) If the generator ships excluded fuel off-site for burning, the 
generator must retain for each shipment the following information on-
site:
    (A) The name and address of the facility receiving the excluded fuel 
for burning;
    (B) The quantity of excluded fuel shipped and delivered;
    (C) The date of shipment or delivery;
    (D) A cross-reference to the record of excluded fuel analysis or 
other information used to make the determination that the excluded fuel 
meets the specifications as required under paragraph (b)(4) of this 
section; and
    (E) A one-time certification by the burner as required under 
paragraph (b)(10) of this section.
    (9) Records retention. Records must be maintained for a period of 
three years.
    (10) Burner certification to the generator.--(i) Comparable fuel and 
syngas fuel. Prior to submitting a notification to the State and 
Regional Directors, a generator of comparable fuel or syngas fuel 
excluded under paragraphs (a)(1) or (a)(3) of this section who intends 
to ship the excluded fuel off-site for burning must obtain a one-time 
written, signed statement from the burner:
    (A) Certifying that the excluded fuel will only be burned in an 
industrial furnace, industrial boiler, utility boiler, or hazardous 
waste incinerator, as required under paragraph (b)(3) of this section;
    (B) Identifying the name and address of the facility that will burn 
the excluded fuel; and
    (C) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (ii) Emission-comparable fuel. Prior to submitting a notification to 
the State and Regional Directors, a generator of emission-comparable 
fuel who intends to ship the excluded fuel off-site for burning must 
obtain a one-time written, signed statement from the burner:
    (A) Certifying that the excluded fuel will be stored under the 
conditions of paragraphs (c)(1) or (e) of this section and burned under 
the conditions of paragraph (c)(2) of this section, and that the burner 
will comply with the notification, reporting, and recordkeeping 
conditions of paragraph (c)(5) of this section;
    (B) Identifying the name and address of the facility that will burn 
the excluded fuel; and
    (C) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (11) Ineligible waste codes. Wastes that are listed as hazardous 
waste because of the presence of dioxins or furans, as set out in 
appendix VII of this part, are not eligible for these exclusions, and 
any fuel produced from or otherwise containing these wastes remains a 
hazardous waste subject to full RCRA hazardous waste management 
requirements.
    (12) Regulatory status of boiler residues. Burning excluded fuel 
that was otherwise a hazardous waste listed under Sec. Sec. 261.31 
through 261.33 does not subject boiler residues, including bottom ash 
and emission control residues, to regulation as derived-from hazardous 
wastes.

[[Page 115]]

    (13) Residues in containers and tank systems upon cessation of 
operations. (i) Liquid and accumulated solid residues that remain in a 
container or tank system for more than 90 days after the container or 
tank system ceases to be operated for storage or transport of excluded 
fuel product are subject to regulation under parts 262 through 265, 268, 
270, 271, and 124 of this chapter.
    (ii) Liquid and accumulated solid residues that are removed from a 
container or tank system after the container or tank system ceases to be 
operated for storage or transport of excluded fuel product are solid 
wastes subject to regulation as hazardous waste if the waste exhibits a 
characteristic of hazardous waste under Sec. Sec. 261.21 through 261.24 
or if the fuel were otherwise a hazardous waste listed under Sec. Sec. 
261.31 through 261.33 when the exclusion was claimed.
    (iii) Liquid and accumulated solid residues that are removed from a 
container or tank system and which do not meet the specifications for 
exclusion under paragraphs (a)(1) or (a)(2) of this section are solid 
wastes subject to regulation as hazardous waste if:
    (A) The waste exhibits a characteristic of hazardous waste under 
Sec. Sec. 261.21 through 261.24; or
    (B) If the fuel were otherwise a hazardous waste listed under 
Sec. Sec. 261.31 through 261.33. The hazardous waste code for the 
listed waste applies to these liquid and accumulated solid resides.
    (14) Waiver of RCRA Closure Requirements. Interim status and 
permitted storage and combustion units, and generator storage units 
exempt from the permit requirements under Sec. 262.34 of this chapter, 
are not subject to the closure requirements of 40 CFR Parts 264, 265, 
and 267 provided that the storage and combustion unit has been used to 
manage only hazardous waste that is subsequently excluded under the 
conditions of this section, and that afterward will be used only to 
manage fuel excluded under this section.
    (15) Spills and leaks. (i) Excluded fuel that is spilled or leaked 
and that therefore no longer meets the conditions of the exclusion is 
discarded and must be managed as a hazardous waste if it exhibits a 
characteristic of hazardous waste under Sec. Sec. 261.21 through 261.24 
or if the fuel were otherwise a hazardous waste listed in Sec. Sec. 
261.31 through 261.33.
    (ii) For excluded fuel that would have otherwise been a hazardous 
waste listed in Sec. Sec. 261.31 through 261.33 and which is spilled or 
leaked, the hazardous waste code for the listed waste applies to the 
spilled or leaked material.
    (16) Nothing in this section preempts, overrides, or otherwise 
negates the provisions in CERCLA Section 103, which establish reporting 
obligations for releases of hazardous substances, or the Department of 
Transportation requirements for hazardous materials in 49 CFR parts 171 
through 180.
    (c) Special conditions for emission-comparable fuel. The following 
additional conditions apply to emission-comparable fuel--fuel that meets 
the specifications under paragraph (a)(2) of this section.
    (1) Storage. (i) General. Emission-comparable fuel may be stored in 
a container or tank under the conditions of paragraphs (c)(1)(iii) 
through (c)(1)(viii) of this section, or alternative conditions under 
paragraph (e) of this section.
    (ii) Prohibition on underground storage. Emission-comparable fuel 
shall not be stored in an underground tank. An underground tank is a 
tank the volume of which (including the volume of underground pipes 
connecting thereto) is 10 percent or more beneath the surface of the 
ground.
    (iii) Spill prevention, control, and countermeasures (SPCC) 
requirements. Emission-comparable fuel storage tanks and containers with 
a capacity equal to or greater than 0.1 m\3\ (26 gallons) are subject to 
the following Spill Prevention, Control, and Countermeasures (SPCC) 
requirements adopted from 40 CFR Part 112. To satisfy the adopted 
conditions, you must substitute the term ``emission-comparable fuel'' 
for the term ``oil,'' and by substituting the term ``release of 
emission-comparable fuel to the environment'' for the term ``discharge 
as described in Sec. 112.1(b).''
    (A) Section 112.2, Definitions. These definitions apply to the 
adopted SPCC requirements under paragraphs (c)(1)(iii)(B) through 
(c)(1)(iii)(D) of this section.

[[Page 116]]

    (B) Sections 112.3(d) and 112.3(e) of this chapter, Requirement to 
Prepare and Implement a Spill Prevention, Control, and Countermeasure 
Plan. (1) You must prepare a SPCC Plan in writing, and in accordance 
with the adopted provisions of Sec. Sec. 112.7 and 112.8 of this 
chapter;
    (2) The SPCC Plan must be reviewed and certified according to the 
provisions of Sec. 112.3(d) of this chapter and must be made available 
to the Regional Administrator according to the provisions of Sec. 
112.3(e) of this chapter;
    (3) You must amend your SPCC Plan as directed by the Regional 
Administrator upon a finding that amendment is necessary to prevent and 
contain releases of emission-comparable fuel from your facility. You 
must implement the amended SPCC Plan as soon as possible, but not later 
than six months after you amend your SPCC Plan, unless the Regional 
Administrator specifies another date;
    (C) Sections 112.5(a) and 112.5(b) of this chapter, Amendment of 
Spill Prevention, Control, and Countermeasures Plan by Owners or 
Operators. (1) You must comply with the provisions of Sec. 112.5(a) and 
(b) of this chapter by substituting the term ``release of emission-
comparable fuel to the environment'' for the term ``discharge as 
described in Sec. 112.1(b);''
    (2) You must have a Professional Engineer certify any technical 
amendment to your Plan in accordance with Sec. 112.3(d) of this 
chapter.
    (D) Section 112.7 of this chapter, General Requirements for Spill 
Prevention, Control, and Countermeasure Plans. (1) You must comply with 
the requirements of Sec. 112.7, except for paragraphs (a)(2), (c), (d), 
and (k) of that section.
    (2) Your Plan may deviate from the requirements Sec. 112.7(g), 
(h)(2), (h)(3) and (i), and the adopted provisions of Sec. 112.8, where 
applicable to a specific facility, if you provide equivalent protection 
by some other means of spill prevention, control, or countermeasure. 
Where your Plan does not conform to the applicable requirements in Sec. 
112.7(g), (h)(2), (h)(3) and (i) and the adopted provisions of Sec. 
112.8 of this chapter, you must state the reasons for nonconformance in 
your Plan and describe in detail alternate methods and how you will 
achieve equivalent environmental protection. If the Regional 
Administrator determines that the measures described in your Plan do not 
provide equivalent environmental protection, he may require that you 
amend your Plan.
    (E) Section 112.8 of this chapter, Spill Prevention, Control, and 
Countermeasure Plan Requirements for Onshore Facilities, except for 
paragraph (b) of this section (facility drainage), paragraph (c)(2) of 
this section (secondary containment for bulk storage containers), 
paragraph (c)(4) of this section (protection of completely buried 
storage tanks), and paragraph (c)(11) of this section (secondary 
containment for mobile containers), with the following revisions:
    (1) You must inspect at least weekly areas where portable containers 
are stored to look for leaking containers and for deterioration of 
containers and the containment system caused by corrosion or other 
factors.
    (2) Section 112.8(d)(1) of this chapter applies to all buried piping 
irrespective of the installation or replacement date.
    (iv) Containment and detection of releases--(A) Tanks. To prevent 
the release of emission comparable fuel or hazardous constituents to the 
environment, you must provide secondary containment for emission-
comparable fuel tank systems as prescribed by the following requirements 
adopted from Sec. 264.193 of this chapter. To satisfy the adopted 
conditions, you must substitute the term ``emission-comparable fuel'' 
for the term ``waste,'' and substitute the term ``document in the 
record'' for the term ``demonstrate to the Regional Administrator.''
    (1) Section 264.193(b) of this chapter, which prescribes general 
performance standards for secondary containment systems;
    (2) Section 264.193(c) of this chapter, which prescribes minimum 
requirements for secondary containment systems;
    (3) Section 264.193(d)(1) through (3), which prescribes permissible 
secondary containment devices;
    (4) Section 264.193(e) of this chapter, which prescribes design and 
operating

[[Page 117]]

requirements for the permissible secondary containment devices; and
    (5) Section 264.193(f) of this chapter, which prescribes secondary 
containment requirements for ancillary equipment.
    (B) Portable containers. To prevent the release of emission 
comparable fuel or hazardous constituents to the environment, you must 
provide containment for emission-comparable fuel container storage units 
as prescribed by the provisions of Sec. 264.175(b) of this chapter, 
which are hereby adopted for emission-comparable fuel container storage 
units. To satisfy the adopted condition, you must substitute the term 
``emission-comparable fuel'' for each occurrence of the term ``waste.''
    (v) Preparedness and prevention, emergency procedures and response 
to releases.--(A) Preparedness and prevention.--(1) Required equipment. 
Your facility must be equipped with the equipment required under Sec. 
264.32(a) through (d) of this chapter in a manner that it can be used in 
emergencies associated with storing and handling emission-comparable 
fuel.
    (2) Testing and maintenance of equipment. You must test and maintain 
as necessary to assure proper operation in times of emergency all 
communications or alarm systems, fire protection equipment, spill 
control equipment, and decontamination equipment required for your 
emission-comparable fuel tank system or container storage unit.
    (3) Access to communications or alarm system. Whenever emission 
comparable fuel is distributed into or out of the tank system or 
container storage unit, 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.
    (4) Arrangements with local authorities. You must comply with Sec. 
264.37(a) of this chapter. If state or local authorities decline to 
enter into the arrangements prescribed by Sec. 264.37(a) of this 
chapter, you must keep a record documenting the refusal.
    (B) Emergency procedures.--(1) 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 Spill 
Prevention, Control, and Countermeasures (SPCC) Plan required under 
paragraph (c)(1)(iii) of this section, all emission-comparable fuel 
operations and activities at the facility, the location and 
characteristics of emission-comparable fuel handled, the location of all 
records within the facility pertaining to emission-comparable fuel, and 
the facility layout. In addition, this person must have the authority to 
commit the resources needed to carry out the SPCC Plan.
    (2) Emergency procedures.--(i) Whenever there is an imminent or 
actual emergency situation relating to the emission-comparable fuel tank 
system or container storage unit, the emergency coordinator (or his 
designee when the emergency coordinator is on call) must immediately 
activate internal facility alarms or communication systems, where 
applicable, to notify all facility personnel and notify appropriate 
state or local agencies with designated response roles if their help is 
needed.
    (ii) Whenever there is a release, fire, or explosion relating to the 
emission-comparable fuel tank system or container storage unit, the 
emergency coordinator must immediately identify the character, exact 
source, amount, and aerial extent of any released materials. He may do 
this by observation or review of facility records, and, if necessary, by 
chemical analysis.
    (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-off from 
water or chemical agents used to control fire and heat-induced 
explosions).

[[Page 118]]

    (iv) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion associated with the emission-
comparable fuel tank system or container storage unit which could 
threaten human health or the environment outside the facility, he must 
report his findings as provided by paragraph (c)(1)(v)(B)(2)(v) of this 
section.
    (v) If the emergency coordinator's assessment indicates that 
evacuation of local areas may be advisable, he must immediately notify 
appropriate local authorities. He must be available to help appropriate 
officials decide whether local areas should be evacuated, and he must 
immediately notify either the government official designated as the on-
scene coordinator for that geographical area, (in the applicable 
regional contingency plan under part 300 of this title) or the National 
Response Center (using their 24-hour toll free number 800/424-8802). The 
report must include: the name and telephone number of the reporter; the 
name and address of the facility; the time and type of incident (e.g., 
release, fire); the name and quantity of material(s) involved, to the 
extent known; the extent of injuries, if any; and the possible hazards 
to human health, or the environment, outside the facility.
    (vi) 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 materials at the 
facility. These measures must include, where applicable, stopping 
processes and operations and collecting and containing released 
emission-comparable fuel.
    (vii) If the emission-comparable fuel tank system or container 
storage unit stops operations in response to a fire, explosion, or 
release, the emergency coordinator must monitor for leaks, pressure 
buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (viii) Immediately after an emergency, the emergency coordinator 
must provide for treating, storing, or disposing of recovered emission-
comparable fuel, contaminated soil or surface water, or any other 
material that results from a release, fire, or explosion at the 
facility.
    (ix) The emergency coordinator must ensure that, in the affected 
area(s) of the facility: materials that may be incompatible with the 
released emission-comparable fuel is treated, stored, or disposed of 
until cleanup procedures are completed; and all emergency equipment 
listed in the SPCC Plan is cleaned and fit for its intended use before 
operations are resumed.
    (x) You must note in the record the time, date, and details of any 
incident that requires implementing the SPCC Plan for the emission-
comparable fuel tank system or container storage unit. Within 15 days 
after the incident, you must submit a written report on the incident to 
the Regional Administrator. The report must include: the name, address, 
and telephone number of the owner or operator; the name, address, and 
telephone number of the facility; the date, time, and type of incident 
(e.g., fire, explosion); the name and quantity of material(s) involved; 
the extent of injuries, if any; an assessment of actual or potential 
hazards to human health or the environment, where this is applicable; 
and the estimated quantity and disposition of recovered material that 
resulted from the incident.
    (C) Response to leaks or spills and disposition of leaking or unfit-
for-use tank systems. (1) You must comply with the provisions of Sec. 
264.196 of this chapter, except for Sec. 264.196(e)(1) and (e)(4) of 
this chapter.
    (2) To satisfy the adopted provisions of Sec. 264.196, you must 
substitute the term ``emission-comparable fuel'' for the terms 
``hazardous waste'' and ``waste.''
    (3) Unless you satisfy the requirements of Sec. 264.196(e)(2) and 
(3) of this chapter, you must immediately cease using the tank system to 
store emission-comparable fuel and remove any liquid and solid residues 
under the conditions of paragraph (b)(13) of this section.
    (vi) Air emissions conditions adopted from part 63, subpart EEEE.--
(A) Applicability--(1) If your emission-comparable fuel storage, 
transfer, and transport equipment is not subject to the controls 
provided by Sec. 63.2346 of this

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chapter, you must determine whether you are subject to the provisions of 
paragraphs (c)(1)(vi)(B) and (C) of this section:
    (2) If your emission-comparable fuel storage tank is subject to the 
controls provided by Sec. 63.2346 of this chapter other than those 
prescribed by item 6 in Table 2 to subpart EEEE, part 63 of this chapter 
(i.e., requirements for organic liquids with an annual average true 
vapor pressure of the total listed organic HAP =76.6 
kilopascals (11.1 psia)), you must determine whether the tank would be 
subject to the controls prescribed by item 6 after considering the vapor 
pressure of the RCRA oxygenates listed in paragraph (c)(1)(vi)(B)(3) of 
this section as well as the organic HAP listed in Table 1 to subpart 
EEEE, part 63 of this chapter. If the annual average true vapor pressure 
of the total RCRA oxygenates and Table 1 organic HAP in the emission-
comparable fuel is =76.6 kilopascals (11.1 psia), you are 
subject to the requirements of paragraphs (c)(1)(vi)(B) through (C) of 
this section.
    (B) Conditions of applicability. To satisfy the conditions under 
paragraph (c)(1)(vi)(C) of this section that are adopted from part 63, 
subpart EEEE of this chapter, you must:
    (1) Satisfy the conditions irrespective of whether your facility is 
an area source as defined by Sec. 63.2 of this chapter.
    (2) Substitute the term ``RCRA oxygenates as well as organic HAP'' 
for each occurrence of the term ``organic HAP''; the term ``RCRA 
oxygenates as well as organic HAP listed in Table 1'' for each 
occurrence of the term ``organic HAP listed in Table 1''; and the term 
``RCRA oxygenates as well as Table 1 organic HAP'' for each occurrence 
of the term ``Table 1 organic HAP''.
    (3) Use the following definition of RCRA oxygenates: The term ``RCRA 
oxygenates'' means the following organic compounds:
    (i) Allyl alcohol (CAS No. 107-18-6);
    (ii) Bis(2-ethylhexyl)phthalate [Di-2-e thylhexyl phthalate] (CAS 
No.117-81-7);
    (iii) 2,4-Dimethylphenol (CAS No. 105-67-9);
    (iv) Ethyl methacrylate (CAS No. 97-63-2);
    (v) 2-Ethoxyethanol [Ethylene glycol monoethyl ether] (CAS No. 110-
80-5);
    (vi) Isobutyl alcohol (CAS No. 78-83-1);
    (vii) Isosafrole (CAS No. 120-58-1);
    (viii) Methyl ethyl ketone [2-Butanone] (CAS No. 78-93-3);
    (ix) 1,4-Naphthoquinone (CAS No. 130-15-4);
    (x) Propargyl alcohol [2-Propyn-1-ol] (CAS No. 107-19-7); and
    (xi) Safrole (CAS No. 94-59-7).
    (4) Use the following definition of organic liquid. Organic liquid 
means emission comparable fuel that:
    (i) Contains 5 percent by weight or greater of the RCRA oxygenates 
as well as organic HAP listed in Table 1 to this subpart, as determined 
using the procedures specified in Sec. 63.2354(c) of this chapter; and
    (ii) Has an annual average true vapor pressure of 0.7 kilopascals 
(0.1 psia) or greater.
    (5) Use the following definition of affected source. Affected source 
means the collection of activities and equipment used to distribute 
organic liquids into, out of, or within a facility.
    (6) Substitute the term ``subject to Sec. 261.38(c)(1)(vi)(C)of 
this chapter'' for each occurrence of the term ``subject to this 
subpart''.
    (7) Satisfy the conditions if:
    (i) Your organic liquids transfer equipment is exempt from subpart 
EEEE, part 63 of this chapter, under the provisions of Sec. 
63.228(c)(1) of this chapter, which exempts organic liquids transfer 
equipment at facilities subject to a NESHAP other than subpart EEEE, 
part 63; and
    (ii) The requirements applicable to the organic liquids transfer 
equipment under the other NESHAP are not equivalent to, at a minimum, 
the conditions under paragraphs (c)(1)(vi)(C), (c)(1)(vii), or (e) of 
this section. You must document and record your determination whether 
the requirements under the other NESHAP are less stringent than the 
conditions under paragraph (c)(1)(vi)(C) of this section. You may 
contact the RCRA regulatory authority to assist with this determination.

[[Page 120]]

    (8) Submit all notifications, reports, and other communications to 
the RCRA regulatory authority rather than the CAA regulatory authority.
    (C) Conditions to control air emissions under provisions adopted 
from part 63, subpart EEEE of this chapter. (1) The affected source is 
the equipment identified under Sec. 63.2338(b)(1) through (5) of this 
chapter, except for equipment identified in Sec. 63.2338(c)(2) through 
(3) of this chapter.
    (2) Definitions of new, reconstructed, and existing affected sources 
are provided under Sec. 63.2338(d) through (f) of this chapter.
    (3) You must comply with the emission limitations, operating limits, 
and work practice standards under Sec. 63.2346 of this chapter.
    (4) You must comply with the general requirements under Sec. 
63.2350 of this chapter. The startup, shutdown, and malfunction plan 
required by Sec. 63.2350(c) of this chapter need not address equipment 
not subject to paragraph (c)(1)(vi)(C) of this section.
    (5) You must comply with the performance tests, design evaluation, 
and performance evaluation requirements under Sec. 63.2354 of this 
chapter. When complying with Sec. 63.2354(c) of this chapter, however, 
you must determine the content of RCRA oxygenates as well as organic HAP 
in the emission-comparable fuel.
    (6) You must conduct performance tests and other initial compliance 
demonstrations prior to managing emission-comparable fuel in the storage 
unit.
    (7) You must conduct subsequent performance tests by the dates 
specified in Sec. 63.2362 of this chapter.
    (8) You must comply with the monitoring, installation, operation, 
and maintenance requirements under Sec. 63.2366 of this chapter.
    (9) You must demonstrate initial compliance with the emission 
limitations, operating limits, and work practice standards as required 
under Sec. 63.2370 of this chapter.
    (10) You must monitor and collect data to demonstrate continuous 
compliance and use the collected data as required by Sec. 63.2374 of 
this chapter.
    (11) You must demonstrate continuous compliance with the emission 
limitations, operating limits, and work practice standards as required 
by Sec. 63.2378 of this chapter.
    (12) You must submit the notifications and on the schedule required 
by Sec. 63.2382 of this chapter, except that initial notifications must 
be submitted prior to managing emission-comparable fuel in the storage 
unit. Notifications must be submitted to the RCRA regulatory authority.
    (13) You must submit the reports and on the schedule required by 
Sec. 63.2386 of this chapter. Reports must be submitted to the RCRA 
regulatory authority.
    (14) You must keep the applicable records required by Sec. 63.2390 
of this chapter.
    (15) You must keep records in the form, and for the duration, 
required by Sec. 63.2394 of this chapter.
    (16) The parts of the General Provisions that apply to you are 
provided by Sec. 63.2398 of this chapter.
    (17) The definitions that apply to the conditions under paragraph 
(c)(1)(vi)(C) of this section are provided by Sec. 63.2406 of this 
chapter, and paragraphs (c)(1)(vi)(B)(3) through (5) of this section.
    (18) You are subject to the requirements in Tables 1-12 to subpart 
EEEE, part 63 of this chapter.
    (vii) Air emissions conditions for tanks and containers that are not 
subject to conditions adopted from part 63, subpart EEEE. Tank and 
container storage units that are not subject to the conditions adopted 
from subpart EEEE, part 63 under paragraph (c)(1)(vi) of this section 
are subject to the conditions of this paragraph.
    (A) Tanks. (1) Level 1 control. (i) Applicability criteria. Tanks 
that meet the following vapor pressure limitations for emission-
comparable fuel for the tank size designations are subject to the air 
emission controls under paragraph (c)(1)(vii)(A)(1)(ii) of this section:
    (A) For a tank design capacity equal to or greater than 151 m\3\ 
(40,000 gallons), the annual average organic vapor pressure limit for 
the tank is 5.2 kPa (0.75 psia);
    (B) For a tank design capacity equal to or greater than 75 m\3\ 
(20,000 gallons) but less than 151 m\3\ (40,000 gallons), the annual 
average organic vapor pressure

[[Page 121]]

limit for the tank is 27.6 kPa (4.0 psia); and
    (C) For a tank design capacity less than 75 m\3\ (20,000 gallons), 
the annual average vapor pressure limit for the tank is 76.6 kPa (11.1 
psia);
    (ii) Conditions to control emissions. You must comply with the 
following requirements:
    (A) NESHAP provisions for level 1 control under subpart OO, part 63. 
Sections 63.901 through 63.907 of this chapter; or
    (B) NESHAP provisions for organic liquid distribution under subpart 
EEEE, part 63. The provisions under Item 1.a.i or 1.a.ii which require 
venting to a control device under provisions of subpart SS, part 63 of 
this chapter, or Level 2 tank emissions control under subpart WW, part 
63 of this chapter, or routing emissions to a fuel gas system or back to 
a process under Sec. 63.984 of subpart SS, part 63 of this chapter, or 
vapor balancing emissions to the transport vehicle from which the 
storage tank is filled under Sec. 63.2346(a)(4); or
    (C) Hazardous waste tank controls under subpart CC, part 264. The 
provisions for additional options provided for hazardous waste tanks 
under Sec. 264.1084(d)(3), (d)(4), or (d)(5) of this chapter for use of 
venting to a control device, a pressure tank, or a tank located inside 
an enclosure that is vented through a closed-vent system to an enclosed 
combustion control device, and the associated provisions under 
Sec. Sec. 63.1081 (definitions), 264.1083(c) (determination of vapor 
pressure), 264.1084(j) (transfer to a tank), 264.1087 (closed-vent 
systems and control devices), and 264.89(b) (recordkeeping) of this 
chapter. To satisfy these adopted provisions, you must substitute the 
term ``emission-comparable fuel'' for the terms ``hazardous waste'' and 
``waste.''
    (2) Level 2 control. (i) Applicability criteria. Tanks that do not 
meet the vapor pressure limitations for emission-comparable fuel for the 
tank size designations under paragraph (c)(1)(vii)(A)(1)(i) of this 
section are subject to the air emission controls under paragraph 
(c)(1)(vii)(A)(2)(ii) of this section.
    (ii) Conditions to control emissions. To satisfy the conditions to 
control emissions, you must comply with the requirements under 
paragraphs (c)(1)(vii)(A)(1)(ii)(B) or (C) of this section.
    (3) Equipment leaks. For each valve, pump, compressor, pressure 
relief device, sampling connection system, open-ended valve or line, or 
flange or other connector, and any control devices or systems used to 
manage emission-comparable fuel in a tank system subject to paragraph 
(c)(1)(vii)(A) of this section, you must comply with the applicable 
requirements under 40 CFR part 63, subpart TT (control level 1), except 
for Sec. 63.1000; or subpart UU (control level 2), except for Sec. 
63.1019; or subpart H, except for Sec. Sec. 63.160, 63.162(b) and (e), 
and 63.183.
    (B) Containers. (1) Level 1 control. (i) Applicability criteria. 
Containers that meet the following criteria are subject to the air 
emission controls under paragraph (c)(1)(vii)(B)(1)(ii) of this section:
    (A) Containers having a design capacity greater than 0.1 m\3\ and 
less than or equal to 0.46 m\3\;
    (B) Containers having a design capacity greater than 0.46 m\3\ that 
are not in light liquid service, as defined in Sec. 264.1031 of this 
chapter.
    (C) Containers having a design capacity greater than 0.46 m\3\ that 
are in light liquid service, as defined in Sec. 264.1031 of this 
chapter.
    (ii) Conditions to control emissions. To satisfy the conditions on 
Level I control of emissions, you must comply with the following 
requirements:
    (A) The NESHAP provisions for containers under subpart PP, part 63 
at Sec. Sec. 63.922 (level 1 control) or 63.923 (level 2 control) of 
this chapter; and
    (B) The ancillary provisions under subpart PP, part 63 at Sec. Sec. 
63.921 (definitions), 63.925 (test methods and procedures), 63.926 
(inspection and monitoring requirements), 63.927 (recordkeeping 
requirements), and 63.928 (reporting requirements) of this chapter.
    (2) Level 2 control. (i) Applicability criteria. Containers that do 
not meet the criteria under paragraph (c)(1)(vii)(B)(1)(i) of this 
section are subject to the air emission controls under paragraph 
(c)(1)(vii)(B)(2)(ii) of this section.

[[Page 122]]

    (ii) Conditions to control emissions. To satisfy the conditions on 
Level II control of emissions, you must comply with the following 
requirements:
    (A) The NESHAP provisions for containers under subpart PP, part 63 
at Sec. 63.923 (level 2 control) of this chapter; and
    (B) The ancillary provisions under subpart PP, part 63 at Sec. Sec. 
63.921 (definitions), 63.925 (test methods and procedures), 63.926 
(inspection and monitoring requirements, 63.927 (recordkeeping 
requirements), and 63.928 (reporting requirements) of this chapter.
    (3) Equipment leaks. For each valve, pump, compressor, pressure 
relief device, sampling connection system, open-ended valve or line, or 
flange or other connector, and any control devices or systems used to 
manage emission-comparable fuel in a container subject to paragraph 
(c)(1)(vii)(B) of this section, you must comply with the applicable 
requirements under 40 CFR part 63, subpart TT (control level 1), except 
for Sec. 63.1000; or subpart UU (control level 2), except for Sec. 
63.1019; or subpart H, except for Sec. Sec. 63.160, 63.162(b) and (e), 
and 63.183.
    (viii) Management of incompatible fuels and other materials--(A) 
Generators and burners of emission-comparable fuel must document in the 
fuel analysis plan under paragraph (b)(4) of this section how (e.g., 
using trial tests, analytical results, scientific literature, or process 
knowledge) precautions will be taken to prevent mixing of excluded fuels 
and other materials which could result in reactions which:
    (1) Generate extreme heat or pressure, fire or explosions, or 
violent reactions;
    (2) Produce uncontrolled toxic mists, fumes, dusts, or gases;
    (3) Produce uncontrolled flammable fumes or gases; or
    (4) Damage the structural integrity of the storage unit or facility.
    (B) Burners that blend emission-comparable fuel with other fuels but 
that are exempt from fuel analysis requirements under paragraphs (b)(4) 
and (b)(5)(iii) of this section must document in the operating record 
how precautions will be taken to prevent mixing of emission-comparable 
fuel with other fuels which could result in the reactions listed in 
paragraph (c)(viii)(A) of this section.
    (C) Incompatible fuels must not be placed in the same tank or 
container.
    (2) Burning. (i) Types of combustors that may burn emission-
comparable fuel. Emission-comparable fuel must be burned in a boiler 
meeting the conditions of paragraph (c)(2)(i)(A) of this section or a 
hazardous waste combustor under the conditions of paragraph (c)(2)(i)(B) 
of this section.
    (A) Boilers. Emission-comparable fuel may be burned in an industrial 
or utility boiler as defined in paragraph (b)(3) of this section but 
that is further restricted by being a watertube type of steam boiler 
that does not feed fuel using a stoker or stoker-type mechanism.
    (B) Hazardous waste combustors. (1) Emission-comparable fuel may be 
burned in an incinerator, cement kiln, lightweight aggregate kiln, 
boiler, or halogen acid production furnace operating under a RCRA permit 
issued under part 270 of this chapter and in compliance with the 
applicable provisions of subpart O of part 264, subpart H of part 266, 
or subpart EEE of part 63 of this chapter, provided that the emission-
comparable fuel is burned under the same operating requirements that 
apply to hazardous waste burned by the combustor.
    (2) When emission-comparable fuel is burned in a hazardous waste 
combustor under the provisions of paragraph (c)(2)(i)(B) of this 
section, the operating conditions under paragraph (c)(2)(ii) of this 
section do not apply, except for:
    (i) The emission-comparable fuel constituent feedrate conditions 
under paragraph (c)(2)(ii)(C) of this section continue to apply; and
    (ii) The emission-comparable fuel automatic feed cutoff system 
requirements under paragraph (c)(2)(ii)(G) of this section that apply to 
monitoring the constituent feedrate limits as specified under paragraph 
(c)(2)(ii)(G)(1)(ii) of this section continue to apply.
    (ii) Operating conditions--(A) Primary fuels. (1) A minimum of 50 
percent of fuel fired to the boiler shall be fossil fuel, fuels derived 
from fossil fuel, tall oil, or comparable fuel meeting the 
specifications provided by paragraph

[[Page 123]]

(a)(1) of this section. Such fuels are termed ``primary fuel'' for 
purposes of this section. (Tall oil is a fuel derived from vegetable and 
rosin fatty acids.) The primary fuel shall comprise at least 50% of the 
total fuel heat input to the boiler and at least 50% of the total fuel 
mass input to the boiler.
    (2) The primary fuel firing rate shall be continuously monitored and 
the minimum primary fuel firing rate limit shall be achieved on an 
hourly rolling average basis;
    (B) Fuel heating value. Primary fuels shall have a minimum as-fired 
heating value of 8,000 Btu/lb, and each material fired in a firing 
nozzle where emission-comparable fuel is fired must have a heating value 
of at least 8,000 Btu/lb, as-fired;
    (C) Feedrate limits for emission-comparable fuel constituents. The 
total feedrate, considering all combustor feedstreams, of each emission-
comparable fuel constituent listed under paragraph (a)(2)(ii)(B) of this 
section shall not exceed the limit provided by Table 2 to this section.
    (1) The feedrate limits are expressed as gas flowrate-normalized 
feedrates in the units ``ug/dscm''.
    (2) The feedrate limit for total combustor feedstreams expressed as 
mass/unit time (kg/hr) for each emission-comparable fuel constituent is 
determined by multiplying the gas flowrate-normalized feedrate limit 
provided by Table 2 to this section times the combustor gas flowrate.
    (3) The maximum constituent feedrate (kg/hr) attributable to 
emission-comparable fuel is the total combustor constituent feedrate 
(kg/hr) minus the constituent feedrate (kg/hr) for all other combustor 
feedstreams.
    (4) To account for emission-comparable fuel constituents in primary 
fuels, burners may use measured concentrations of the constituents, or:
    (i) If natural gas is used as a primary fuel, burners may assume 
that natural gas does not contain emission-comparable fuel constituents 
and that natural gas has a heating value of 22,000 Btu/lb;
    (ii) If fuel oil is used as a primary fuel, burners may use the 
default concentrations for emission-comparable fuel constituents 
provided in Table 3 to this section, and assume that fuel oil has a 
heating value of 19,200 Btu/lb; and
    (iii) If coal is used as a primary fuel, burners may use the default 
concentrations for emission-comparable fuel constituents provided in 
Table 4 to this section, and assume that coal has a heating value of 
11,100 Btu/lb.
    (5) The feedrate of each emission-comparable fuel constituent shall 
be continuously monitored (by knowing the concentration of the 
constituent in each feedstream and by monitoring the feedrate of each 
feedstream), and the maximum feedrate limit for each constituent shall 
not be exceeded on an hourly rolling average basis.
    (D) CO CEMS. When burning emission-comparable fuel, carbon monoxide 
emissions must not exceed 100 parts per million by volume, over an 
hourly rolling average (monitored with a continuous emissions monitoring 
system (CEMS)), dry basis and corrected to 7 percent oxygen. You must 
use an oxygen CEMS to continuously correct the carbon monoxide level to 
7 percent oxygen. You must install, calibrate, maintain, and 
continuously operate the CEMS in compliance with the quality assurance 
procedures provided in the appendix to subpart EEE of part 63 of this 
chapter (Quality Assurance Procedures for Continuous Emissions Monitors 
Used for Hazardous Waste Combustors) and Performance Specification 4B 
(carbon monoxide and oxygen) in appendix B, part 60 of this chapter.
    (E) Dioxin/furan control--(1) If the boiler is equipped with a dry 
particulate matter control device and the primary fuel is not coal, you 
must continuously monitor the combustion gas temperature at the inlet to 
the dry particulate matter control device, and the gas temperature must 
not exceed 400 [deg]F on an hourly rolling average basis.
    (2) Calibration of thermocouples. The calibration of thermocouples 
must be verified at a frequency and in a manner consistent with 
manufacturer specifications, but no less frequently than once per year.
    (F) Calculation of rolling averages--(1) Calculation of rolling 
averages upon intermittent operations. You must ignore periods of time 
when one-minute values are not available for calculating

[[Page 124]]

the hourly rolling average. When one-minute values become available 
again, the first one-minute value is added to the previous 59 values to 
calculate the hourly rolling average.
    (2) Calculation of rolling averages when the emission-comparable 
fuel feed is cutoff. You must continue monitoring carbon monoxide and 
combustion gas temperature at the inlet to the dry particulate matter 
emission control device when the emission-comparable fuel feed is 
cutoff, but the source continues operating on other fuels. You must not 
resume feeding emission-comparable fuel if the emission levels exceed 
the limits provided in paragraphs (c)(2)(ii)(D) and (E) of this section.
    (G) Automatic fuel feed cutoff system--(1) General. You must operate 
the boiler with a functioning system that immediately and automatically 
cuts off the emission-comparable fuel feed, except as provided by 
paragraph (c)(2)(ii)(G)(6) of this section:
    (i) When the hourly rolling average carbon monoxide level exceeds 
100 ppmv or the combustion gas temperature at the inlet to the initial 
dry particulate matter control device (and the primary fuel is not coal) 
exceeds 400 [deg]F on an hourly rolling average.
    (ii) When the emission-comparable fuel feedrate limit for a 
constituent exceeds the limit provided by Table 2 to this section.
    (iii) When the primary fuel firing rate is below 50 percent on a 
heat input and mass input basis;
    (iv) When the steam production rate (or other indicator of boiler 
load) indicates that the boiler load is below 40 percent;
    (v) When the span value of the combustion gas temperature detector 
is exceeded;
    (vi) Upon malfunction of the carbon monoxide CEMS, the gas 
temperature detector, the feedrate monitor(s) for the primary fuel, the 
feedrate monitor(s) used to comply with the maximum feedrate limits for 
emission-comparable fuel constituents, or the monitor for boiler load; 
or
    (iv) When any component of the automatic fuel feed cutoff system 
fails.
    (2) Failure of the automatic fuel feed cutoff system. If the 
automatic emission-comparable fuel feed cutoff system fails to 
automatically and immediately cut off the flow of emission-comparable 
fuel (except as provided by paragraph (c)(2)(ii)(G)(6) of this section) 
upon an occurrence of an event linked to the cutoff system as required 
under paragraph (c)(2)(ii)(G)(1) of this section, you have failed to 
comply with the emission-comparable fuel cutoff conditions of this 
section. If an equipment failure prevents immediate and automatic cutoff 
of the emission-comparable fuel feed, however, you must cease feeding 
emission-comparable fuel as quickly as possible.
    (3) Exceedance of a limit. If, notwithstanding an automatic 
emission-comparable fuel feed cutoff, a limit linked to the cutoff 
system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of this section 
is exceeded while emission-comparable fuel remains in the combustion 
chamber, you have failed to comply with a condition of the exclusion.
    (4) Exceedance reporting. For each exceedance of a limit linked to 
the cutoff system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of 
this section while emission-comparable fuel remains in the combustion 
chamber (i.e., when the emission-comparable fuel residence time has not 
transpired since the emission-comparable fuel feed was cutoff), you must 
submit to the RCRA regulatory authority a written report within 5 
calendar days of the exceedance documenting:
    (i) The exceedance;
    (ii) The measures you have taken to manage the material as a 
hazardous waste; and
    (iii) The measures you have taken to notify the generator that you 
have failed to comply with a condition of the exclusion.
    (5) Testing. The automatic emission-comparable fuel feed cutoff 
system and associated alarms must be tested at least weekly to verify 
operability, unless you document in the operating record that weekly 
inspections will unduly restrict or upset operations and that less 
frequent inspection will be adequate. At a minimum, you must conduct 
operability testing at least monthly. You must document and record in 
the operating record automatic emission-comparable fuel feed

[[Page 125]]

cutoff system operability test procedures and results.
    (6) Ramping down emission-comparable fuel feed. You may ramp down 
the emission-comparable fuel feedrate over a period not to exceed one 
minute. If you elect to ramp down the emission-comparable fuel feed, you 
must document ramp down procedures in the operating record. The 
procedures must specify that the ramp down begins immediately upon 
initiation of automatic emission-comparable fuel feed cutoff and the 
procedures must prescribe a bona fide ramping down. If a limit linked to 
the cutoff system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of 
this section is exceeded during the ramp down, you have failed to comply 
with that limit.
    (H) Boiler load. (1) 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.
    (2) Steam production rate or other measure of boiler load shall be 
monitored continuously and the minimum 40 percent load shall be 
maintained on an hourly rolling average basis.
    (I) Fuel atomization. The emission-comparable fuel 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) Particle size. The emission-comparable fuel must pass through a 
200 mesh (74 micron) screen, or equivalent;
    (2) 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;
    (3) 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.
    (J) Definition of continuous monitoring systems. (1) Continuous 
monitoring systems (CMS) must sample the controlled parameter without 
interruption, and evaluate the detector response at least once each 15 
seconds, and compute and record the average values at least every 60 
seconds.
    (2) For CMS other than the CO CEMS, you must install, operate, and 
calibrate the other CMS according to the manufacturer's written 
specifications or recommendations, at a minimum.
    (iii) Boiler operator training. (A) Boiler operators are personnel 
that operate or maintain the boiler when emission-comparable fuel is 
burned, including continuous monitoring systems and the emission-
comparable fuel automatic feed cutoff system.
    (B) Boiler operators must successfully complete a program that 
teaches them to perform their duties in a way that ensures the boiler's 
compliance with the operating conditions under paragraph (c)(2)(ii) of 
this section. The boiler owner or operator must ensure that this program 
includes all the elements described in the document required under 
paragraph (c)(2)(iii)(F) of this section.
    (C) This program must be directed by a person trained in boiler 
operation procedures, and must include instruction which teaches boiler 
operators procedures relevant to the positions in which they are 
employed.
    (D) At a minimum, the training program must be designed to ensure 
that boiler operators understand the operating conditions under 
paragraph (c)(2)(ii) of this section and are able to respond effectively 
when the emission-comparable fuel automatic feed cutoff system engages 
an automatic cutoff of the feed of emission-comparable fuel.
    (E) Boiler operators must take part in an annual review of the 
initial training required in paragraph (c)(2)(iii)(B) of this section.
    (F) The boiler owner or operator must maintain the following 
documents and records at the facility:
    (1) The job title for each boiler operator position, and the name of 
the employee filling each job;
    (2) A written job description for each position listed under 
paragraph (c)(2)(iii)(F)(1) of this section. This description may be 
consistent in its degree of specificity with descriptions for other 
similar positions in the same company location or bargaining unit, but 
must include the requisite skill,

[[Page 126]]

education, or other qualifications, and duties of employees assigned to 
each position;
    (3) A written description of the type and amount of both 
introductory and continuing training that will be given to each person 
filling a position listed under paragraph (c)(2)(iii)(F)(1) of this 
section; and
    (4) Records that document that the training or job experience 
required under paragraphs (c)(2)(iii)(B), (C), (D), and (E) of this 
section has been given to, and completed by, boiler operators.
    (5) Training records on current personnel must be kept until 
emission-comparable fuel is no longer burned in the boiler. Training 
records on former boiler operators must be kept for at least three years 
from the date the employee last worked as a boiler operator at the 
facility. Personnel training records may accompany personnel transferred 
within the same company.
    (3) Off-site shipments. (i) Emission-comparable fuel may not be 
managed by any entity other than its generator, transporter, and 
designated burner.
    (ii) Emission-comparable fuel may not be exported to a foreign 
country.
    (4) EPA Identification Number. A burner that receives emission-
comparable fuel from an offsite generator must have or obtain an EPA 
identification number from the Administrator. A burner who has not 
received an EPA identification number may obtain one by applying to the 
Administrator using EPA form 8700-12. Upon receiving the request, the 
Administrator will assign an EPA identification number to the burner.
    (5) Notification, reporting, and recordkeeping. Except as provided 
by paragraph (c)(5)(iv) of this section, burners of emission-comparable 
fuel are subject to the following conditions:
    (i) Initial Notification. (A) Off-site burners. A burner that 
receives emission-comparable fuel from an offsite generator must submit 
an initial notification to the Regional or State RCRA and CAA Directors 
prior to receiving the first shipment:
    (1) Providing the name, address, and EPA identification number of 
the burner;
    (2) Certifying that the excluded fuel will be stored under the 
conditions of paragraphs (c)(1) or (e) of this section and burned in a 
boiler or hazardous waste combustor under the conditions of paragraph 
(c)(2) of this section, and that the burner will comply with the 
notification, reporting, and recordkeeping conditions of paragraph 
(c)(5) of this section;
    (3) Identifying the specific units that will burn the excluded fuel;
    (4) Providing an estimate of the maximum annual quantity of 
emission-comparable fuel that will be burned, and an estimate of the 
maximum as-fired concentrations of each constituent in Table 2 to this 
section for which the emission-comparable fuel exceeds the 
specifications for comparable fuel in Table 1 to this section;
    (5) Providing documentation that ECF will be fired into the flame 
zone of the primary fuel; and
    (6) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (B) On-site burners. An on-site burner must include in the one-time 
generator notification required under paragraphs (b)(2)(i)(A) and (B) of 
this section the information identified under paragraphs (c)(5)(i)(A)(3) 
through (5) of this section.
    (C) If there is a substantive change in the information provided in 
the initial notification, the burner must submit a revised notification.
    (ii) Reporting. The burner must submit to the RCRA regulatory 
authority reports of exceedances of operating parameter limits that are 
linked to the emission-comparable fuel automatic feed cutoff system, as 
required under paragraph (c)(2)(ii)(G)(4) of this section.
    (iii) Recordkeeping. (A) Records of shipments. If the burner 
receives a shipment of emission-comparable fuel from an offsite 
generator, the burner must retain for each shipment the following 
information on-site in the operating record:
    (1) The name, address, and RCRA ID number of the generator shipping 
the excluded fuel;
    (2) The quantity of excluded fuel delivered;
    (3) For ECF that would have otherwise been a hazardous waste listed 
in

[[Page 127]]

Sec. Sec. 261.31 through 261.33, the hazardous waste code for the 
listed waste; and
    (4) The date of delivery;
    (B) Boiler operating data. The burner must retain records of 
information required to comply with the operating conditions of 
paragraph (c)(2) of this section in an operating record.
    (C) Records retention. The burner must retain records at the 
facility for three years.
    (iv) Burners that are hazardous waste combustors. Hazardous waste 
combustors that burn emission-comparable fuel under the provisions of 
paragraph (c)(2)(i)(B) of this section are not subject to the provisions 
of paragraphs (c)(5)(i) through (iii) of this section, except:
    (A) The provisions of paragraphs (c)(5)(i)(A)(1) and (3), and 
paragraphs (c)(5)(iii)(A) and (C) apply; and
    (B) The initial notification required under paragraphs 
(c)(5)(i)(A)(1) and (3) must include a certification that the excluded 
fuel will be stored under the conditions of paragraphs (c)(1) or (e) of 
this section.
    (d) Failure to comply with the conditions of the exclusion. (1) 
General. An excluded fuel loses its exclusion if any person managing the 
fuel fails to comply with the conditions of the exclusion under this 
section, and the material must be managed as hazardous waste from the 
point of generation. In such situations, EPA or an authorized state 
agency may take enforcement action under RCRA section 3008(a), except as 
provided in paragraph (d)(2) of this section.
    (2) Emission-comparable fuel burned in an off-site, unaffiliated 
burner. If the generator that claims the exclusion for emission-
comparable fuel that is burned in an off-site, unaffiliated burner 
documents in the operating record that reasonable efforts have been made 
under this paragraph to ensure that such burner complies with the 
conditions of exclusion, the burner rather than the generator will be 
liable for discarding a hazardous waste upon a finding that such burner 
has not complied with a condition of exclusion.
    (i) In making these reasonable efforts, the generator must, at a 
minimum, affirmatively answer the following questions prior to shipping 
emission-comparable fuel to the burner:
    (A) Has the burner submitted the notification to the RCRA and CAA 
Directors required under paragraph (c)(5)(i) of this section, and has 
the burner published the public notice of burning activities required 
under paragraph (b)(2)(ii) of this section?
    (B) Does publicly available information indicate that the burner 
facility has not had any formal enforcement actions taken against the 
facility in the previous three years for violations of the RCRA 
hazardous waste regulations and has not been classified as a significant 
non-complier with RCRA Subtitle C? In answering this question, the 
emission-comparable fuel generator can rely on the publicly available 
information from EPA or the state. If the burner facility has had a 
formal enforcement action taken against it in the previous three years 
for violations of the RCRA hazardous waste regulations and has been 
classified as a significant non-complier with RCRA Subtitle C, does the 
emission-comparable fuel generator have credible evidence that the 
burner will manage the emission-comparable fuel properly? In answering 
this question, the emission-comparable fuel generator can obtain 
additional information from EPA, the state, or the facility itself that 
the facility has addressed the violations, taken remedial steps to 
address the violations and prevent future violations, or that the 
violations are not relevant to the management of emission-comparable 
fuel under the conditions of this section.
    (C) Does the burner have the equipment and trained personnel to 
manage the emission-comparable fuel under the conditions of this 
section?
    (ii) In making these reasonable efforts, the generator may use any 
credible evidence available, including information obtained from the 
burner and information obtained from a third party;
    (iii) The generator must maintain for a minimum of three years 
documentation and certification that reasonable efforts were made for 
each burner facility to which emission-comparable fuel is shipped.

[[Page 128]]

    (A) Documentation and certification must be made available upon 
request by a regulatory authority within 72 hours, or within a longer 
period of time as specified by the regulatory authority.
    (B) The certification statement must:
    (1) Be signed and dated by an authorized representative of the 
generator company; and
    (2) Incorporate the following language: ``I hereby certify in good 
faith and to the best of my knowledge that, prior to arranging for 
transport of emission-comparable fuel to [insert name(s) of burner 
facility], reasonable efforts were made to ensure that the emission-
comparable fuel would be stored and burned under the conditions 
prescribed by Sec. 261.38, and that such efforts were based on current 
and accurate information.''
    (iv) Reasonable efforts must be repeated at a minimum of every three 
years.
    (v) An unaffiliated burner is a boiler or hazardous waste combustor 
located at a facility that is not owned by the same parent company that 
generated the emission-comparable fuel.
    (e) Alternative storage conditions for emissions-comparable fuel. 
Emission-comparable fuel may be stored in a tank or container under the 
following conditions adopted from 40 CFR Part 264 in lieu of the 
conditions specified under paragraphs (c)(1)(iii) through (c)(1)(viii) 
of this section. When satisfying these conditions, you must substitute 
the term ``emission-comparable fuel'' for each occurrence of the term 
``hazardous waste'' or ``waste.'' You must document in the operating 
record whether you are complying with the alternative storage conditions 
of this paragraph, or the storage conditions under paragraphs 
(c)(1)(iii) through (c)(1)(viii) of this section.
    (1) Security. You must comply with the requirements under Sec. 
264.14 of this chapter to provide security for your emission-comparable 
fuel storage facility.
    (2) General inspection requirements. You must comply with the 
general inspection requirements under Sec. 264.15 of this chapter for 
your emission-comparable fuel storage facility.
    (3) Personnel training. You must comply with the personnel training 
requirements under Sec. 264.16 of this chapter for emission-comparable 
fuel storage facility personnel.
    (4) General requirements for ignitable, reactive, or incompatible 
materials. You must comply with the requirements for ignitable, 
reactive, or incompatible materials managed by the emission-comparable 
fuel storage facility.
    (5) Preparedness and prevention. You must comply with the 
preparedness and prevention requirements under Sec. Sec. 264.31 through 
264.37 of this chapter with respect to your emission-comparable fuel 
storage facility.
    (6) Contingency plan and emergency procedures. You must comply with 
the contingency plan and emergency procedure requirements under 
Sec. Sec. 264.51 through 264.56 of this chapter with respect to your 
emission-comparable fuel storage facility.
    (7) Air emission requirements for equipment leaks. You must comply 
with the requirements under Sec. Sec. 264.1051 through 264.1065 of this 
chapter to control leaks from equipment used to manage emission-
comparable fuel;
    (8) Use and management of containers. If you store emission-
comparable fuel in a container, you must comply with the following 
requirements for use and management of those containers:
    (i) Condition of containers. You must comply with the requirements 
to ensure containers are in good condition under Sec. 264.171 of this 
chapter;
    (ii) Compatibility of emission-comparable fuel with containers. You 
must comply with the requirements to ensure compatibility of emission-
comparable fuel with containers under Sec. 264.172 of this chapter;
    (iii) Management of containers. You must manage containers as 
prescribed by Sec. 264.173 of this chapter;
    (iv) Inspections. You must inspect containers and the containment 
system as prescribed by Sec. 264.174 of this chapter;
    (v) Containment. You must comply with the containment provisions 
under Sec. 264.175 of this chapter;
    (vi) Special requirements for ignitable or reactive emission-
comparable fuel. You

[[Page 129]]

must comply with the provisions for ignitable or reactive emission-
comparable fuel under Sec. 264.176 of this chapter; and
    (vii) Air emission standards. You must comply with the air emission 
requirements under Sec. Sec. 264.1081, 264.1086(b)(1), (c), (d), and 
(f) through (h), 264.1088, and 264.1089 of this chapter.
    (viii) Closed vent systems and control devices. If you use a closed 
vent system or control device to comply with paragraph (e)(8)(vii) of 
this section, you must comply with the requirements under Sec. Sec. 
264.1033(b) through (o), and 264.1034 through 264.1036 of this chapter.
    (9) Tank systems. If you store emission-comparable fuel in a tank, 
you must comply with the following requirements:
    (i) Containment and detection of releases. You must comply with the 
requirements for containment and detection of releases under Sec. 
264.193(b), (c), (d), (e), and (f) of this chapter;
    (ii) General operating requirements. You must comply with the 
general operating requirements under Sec. 264.194 of this chapter;
    (iii) Inspections. You must comply with the inspection requirements 
under Sec. 264.195 of this chapter;
    (iv) Response to leaks or spills and disposition of leaking or 
unfit-for-use tank systems. You must comply with the requirements 
regarding response to leaks or spills and disposition of leaking or 
unfit-for-use tank systems under Sec. 264.196 of this chapter, except 
that Sec. 264.196(e)(1) reads for emission-comparable fuel tank 
systems: ``Unless the owner/operator satisfies the requirements of 
paragraphs (e)(2) through (4) of this section, the tank system must be 
closed''.
    (v) Special requirements for ignitable or reactive materials. You 
must comply with the requirements for ignitable and reactive materials 
under Sec. 264.198 of this chapter;
    (vi) Special requirements for incompatible materials. You must 
comply with the requirements for incompatible materials under Sec. 
264.199 of this chapter; and
    (vii) Air emissions. (A) You must comply with the requirements to 
control air emissions under Sec. Sec. 264.1081, 264.1083(c), 
264.1084(b) through (l), 264.1087 through 264.1089, and 264.1090(b) 
through (d) of this chapter.
    (B) Closed vent systems and control devices. If you use a closed 
vent system or control device to comply with paragraph (e)(9)(vii) of 
this section, you must comply with the requirements under Sec. Sec. 
264.1033(b) through (o), and 264.1034 through 264.1036 of this chapter.
    (f) Notification of closure of an emission-comparable fuel tank or a 
container storage unit. If you store emission-comparable fuel in a tank 
or container, you must submit a notification to the RCRA regulatory 
authority when a container storage area or a tank system goes out of 
emission-comparable fuel service which states the date when the tank or 
container storage area goes out of service.

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[73 FR 77997, Dec. 19, 2008]



Sec. 261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) 

and Processed CRT Glass Undergoing Recycling.

    Used, broken CRTs are not solid wastes if they meet the following 
conditions:
    (a) Prior to processing: These materials are not solid wastes if 
they are destined for recycling and if they meet the following 
requirements:
    (1) Storage. The broken CRTs must be either:
    (i) Stored in a building with a roof, floor, and walls, or
    (ii) Placed in a container (i.e., a package or a vehicle) that is 
constructed, filled, and closed to minimize releases to the environment 
of CRT glass (including fine solid materials).
    (2) Labeling. Each container in which the used, broken CRT is 
contained must be labeled or marked clearly with one of the following 
phrases: ``Used cathode ray tube(s)-contains leaded glass '' or ``Leaded 
glass from televisions or computers.'' It must also be labeled: ``Do not 
mix with other glass materials.''
    (3) Transportation. The used, broken CRTs must be transported in a 
container meeting the requirements of paragraphs (a)(1)(ii) and (2) of 
this section.
    (4) Speculative accumulation and use constituting disposal. The 
used, broken CRTs are subject to the limitations on speculative 
accumulation as defined in paragraph (c)(8) of this section. If they are 
used in a manner constituting disposal, they must comply with the 
applicable requirements of part 266, subpart C instead of the 
requirements of this section.
    (5) Exports. In addition to the applicable conditions specified in 
paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs 
must comply with the following requirements:
    (i) Notify EPA of an intended export before the CRTs are scheduled 
to leave the United States. A complete notification should be submitted 
sixty (60) days before the initial shipment is intended to be shipped 
off-site. This notification may cover export activities extending over a 
twelve (12) month or lesser period. The notification must be in writing, 
signed by the exporter, and include the following information:

[[Page 138]]

    (A) Name, mailing address, telephone number and EPA ID number (if 
applicable) of the exporter of the CRTs.
    (B) The estimated frequency or rate at which the CRTs are to be 
exported and the period of time over which they are to be exported.
    (C) The estimated total quantity of CRTs specified in kilograms.
    (D) All points of entry to and departure from each foreign country 
through which the CRTs will pass.
    (E) A description of the means by which each shipment of the CRTs 
will be transported (e.g., mode of transportation vehicle (air, highway, 
rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
    (F) The name and address of the recycler and any alternate recycler.
    (G) A description of the manner in which the CRTs will be recycled 
in the foreign country that will be receiving the CRTs.
    (H) The name of any transit country through which the CRTs will be 
sent and a description of the approximate length of time the CRTs will 
remain in such country and the nature of their handling while there.
    (ii) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Federal Activities, International Compliance Assurance Division, 
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Hand-delivered notifications should be 
sent to: Office of Enforcement and Compliance Assurance, Office of 
Federal Activities, International Compliance Assurance Division, (Mail 
Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 
6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the 
following shall be prominently displayed on the front of the envelope: 
``Attention: Notification of Intent to Export CRTs.''
    (iii) Upon request by EPA, the exporter shall furnish to EPA any 
additional information which a receiving country requests in order to 
respond to a notification.
    (iv) EPA will provide a complete notification to the receiving 
country and any transit countries. A notification is complete when EPA 
receives a notification which EPA determines satisfies the requirements 
of paragraph (a)(5)(i) of this section. Where a claim of confidentiality 
is asserted with respect to any notification information required by 
paragraph (a)(5)(i) of this section, EPA may find the notification not 
complete until any such claim is resolved in accordance with 40 CFR 
260.2.
    (v) The export of CRTs is prohibited unless the receiving country 
consents to the intended export. When the receiving country consents in 
writing to the receipt of the CRTs, EPA will forward an Acknowledgment 
of Consent to Export CRTs to the exporter. Where the receiving country 
objects to receipt of the CRTs or withdraws a prior consent, EPA will 
notify the exporter in writing. EPA will also notify the exporter of any 
responses from transit countries.
    (vi) When the conditions specified on the original notification 
change, the exporter must provide EPA with a written renotification of 
the change, except for changes to the telephone number in paragraph 
(a)(5)(i)(A) of this section and decreases in the quantity indicated 
pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot 
take place until consent of the receiving country to the changes has 
been obtained (except for changes to information about points of entry 
and departure and transit countries pursuant to paragraphs (a)(5)(i)(D) 
and (a)(5)(i)(H) of this section) and the exporter of CRTs receives from 
EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting 
the receiving country's consent to the changes.
    (vii) A copy of the Acknowledgment of Consent to Export CRTs must 
accompany the shipment of CRTs. The shipment must conform to the terms 
of the Acknowledgment.
    (viii) If a shipment of CRTs cannot be delivered for any reason to 
the recycler or the alternate recycler, the exporter of CRTs must 
renotify EPA of a change in the conditions of the original notification 
to allow shipment to a new recycler in accordance with paragraph 
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent 
to Export CRTs.

[[Page 139]]

    (ix) Exporters must keep copies of notifications and Acknowledgments 
of Consent to Export CRTs for a period of three years following receipt 
of the Acknowledgment.
    (b) Requirements for used CRT processing: Used, broken CRTs 
undergoing CRT processing as defined in Sec. 260.10 of this chapter are 
not solid wastes if they meet the following requirements:
    (1) Storage. Used, broken CRTs undergoing processing are subject to 
the requirement of paragraph (a)(4) of this section.
    (2) Processing.
    (i) All activities specified in paragraphs (2) and (3) of the 
definition of ``CRT processing'' in Sec. 260.10 of this chapter must be 
performed within a building with a roof, floor, and walls; and
    (ii) No activities may be performed that use temperatures high 
enough to volatilize lead from CRTs.
    (c) Processed CRT glass sent to CRT glass making or lead smelting: 
Glass from used CRTs that is destined for recycling at a CRT glass 
manufacturer or a lead smelter after processing is not a solid waste 
unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).
    (d) Use constituting disposal: Glass from used CRTs that is used in 
a manner constituting disposal must comply with the requirements of 40 
CFR part 266, subpart C instead of the requirements of this section.



Sec. 261.40  Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) 

Exported for Recycling.

    Used, intact CRTs exported for recycling are not solid wastes if 
they meet the notice and consent conditions of Sec. 261.39(a)(5), and 
if they are not speculatively accumulated as defined in Sec. 
261.1(c)(8).



Sec. 261.41  Notification and Recordkeeping for Used, Intact Cathode Ray Tubes 

(CRTs) Exported for Reuse.

    (a) Persons who export used, intact CRTs for reuse must send a one-
time notification to the Regional Administrator. The notification must 
include a statement that the notifier plans to export used, intact CRTs 
for reuse, the notifier's name, address, and EPA ID number (if 
applicable) and the name and phone number of a contact person.
    (b) Persons who export used, intact CRTs for reuse must keep copies 
of normal business records, such as contracts, demonstrating that each 
shipment of exported CRTs will be reused. This documentation must be 
retained for a period of at least three years from the date the CRTs 
were exported.

Subparts F-G [Reserved]



 Subpart H_Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

    Source: 73 FR 64764, Oct. 30, 2008, unless otherwise noted.



Sec. 261.140  Applicability.

    (a) The requirements of this subpart apply to owners or operators of 
reclamation and intermediate facilities managing hazardous secondary 
materials excluded under 40 CFR Sec. 261.4(a)(24), except as provided 
otherwise in this section.
    (b) States and the Federal government are exempt from the financial 
assurance requirements of this subpart.



Sec. 261.141  Definitions of terms as used in this subpart.

    The terms defined in Sec. 265.141(d), (f), (g), and (h) of this 
chapter have the same meaning in this subpart as they do in Sec. 
265.141 of this chapter.



Sec. 261.142  Cost estimate.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of disposing of any hazardous secondary 
material as listed or characteristic hazardous waste, and the potential 
cost of closing the facility as a treatment, storage, and disposal 
facility.
    (1) The estimate must equal the cost of conducting the activities 
described in paragraph (a) of this section at the point when the extent 
and manner of the facility's operation would make these activities the 
most expensive; and
    (2) The cost estimate must be based on the costs to the owner or 
operator of

[[Page 140]]

hiring a third party to conduct these activities. A third party is a 
party who is neither a parent nor a subsidiary of the owner or operator. 
(See definition of parent corporation in Sec. 265.141(d) of this 
chapter.) The owner or operator may use costs for on-site disposal in 
accordance with applicable requirements if he can demonstrate that on-
site disposal capacity will exist at all times over the life of the 
facility.
    (3) The cost estimate may not incorporate any salvage value that may 
be realized with the sale of hazardous secondary materials, or hazardous 
or non-hazardous wastes if applicable under Sec. 265.5113(d) of this 
chapter, facility structures or equipment, land, or other assets 
associated with the facility.
    (4) The owner or operator may not incorporate a zero cost for 
hazardous secondary materials, or hazardous or non-hazardous wastes if 
applicable under Sec. 265.5113(d) of this chapter that might have 
economic value.
    (b) During the active life of the facility, the owner or operator 
must adjust the cost estimate for inflation within 60 days prior to the 
anniversary date of the establishment of the financial instrument(s) 
used to comply with Sec. 261.143. For owners and operators using the 
financial test or corporate guarantee, the cost estimate must be updated 
for inflation within 30 days after the close of the firm's fiscal year 
and before submission of updated information to the Regional 
Administrator as specified in Sec. 261.143(e)(3). The adjustment may be 
made by recalculating the cost estimate in current dollars, or by using 
an inflation factor derived from the most recent Implicit Price Deflator 
for Gross National Product published by the U.S. Department of Commerce 
in its Survey of Current Business, as specified in paragraphs (b)(1) and 
(2) of this section. The inflation factor is the result of dividing the 
latest published annual Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the cost estimate by 
the inflation factor. The result is the adjusted cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the cost estimate no later than 30 days after a change in a 
facility's operating plan or design that would increase the costs of 
conducting the activities described in paragraph (a) or no later than 60 
days after an unexpected event which increases the cost of conducting 
the activities described in paragraph (a) of this section. The revised 
cost estimate must be adjusted for inflation as specified in paragraph 
(b) of this section.
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest cost estimate 
prepared in accordance with paragraphs (a) and (c) and, when this 
estimate has been adjusted in accordance with paragraph (b), the latest 
adjusted cost estimate.



Sec. 261.143  Financial assurance condition.

    Per Sec. 261.4(a)(24)(vi)(F) of this chapter, an owner or operator 
of a reclamation or intermediate facility must have financial assurance 
as a condition of the exclusion as required under Sec. 261.4(a)(24) of 
this chapter. He must choose from the options as specified in paragraphs 
(a) through (e) of this section.
    (a) Trust fund. (1) An owner or operator may satisfy the 
requirements of this section by establishing a trust fund which conforms 
to the requirements of this paragraph and submitting an originally 
signed duplicate of the trust agreement to the Regional Administrator. 
The trustee must be an entity which has the authority to act as a 
trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 261.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 261.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current cost 
estimate covered by the agreement.

[[Page 141]]

    (3) The trust fund must be funded for the full amount of the current 
cost estimate before it may be relied upon to satisfy the requirements 
of this section.
    (4) Whenever the current cost estimate changes, the owner or 
operator must compare the new estimate with the trustee's most recent 
annual valuation of the trust fund. If the value of the fund is less 
than the amount of the new estimate, the owner or operator, within 60 
days after the change in the cost estimate, must either deposit an 
amount into the fund so that its value after this deposit at least 
equals the amount of the current cost estimate, or obtain other 
financial assurance as specified in this section to cover the 
difference.
    (5) If the value of the trust fund is greater than the total amount 
of the current cost estimate, the owner or operator may submit a written 
request to the Regional Administrator for release of the amount in 
excess of the current cost estimate.
    (6) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current cost estimate covered by the trust 
fund.
    (7) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (5) or (6) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing. If the owner or operator begins 
final closure under subpart G of 40 CFR part 264 or 265, an owner or 
operator may request reimbursements for partial or final closure 
expenditures by submitting itemized bills to the Regional Administrator. 
The owner or operator may request reimbursements for partial closure 
only if sufficient funds are remaining in the trust fund to cover the 
maximum costs of closing the facility over its remaining operating life. 
No later than 60 days after receiving bills for partial or final closure 
activities, the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator has reason 
to believe that the maximum cost of closure over the remaining life of 
the facility will be significantly greater than the value of the trust 
fund, he may withhold reimbursements of such amounts as he deems prudent 
until he determines, in accordance with Sec. 265.143(i) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (8) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (b) Surety bond guaranteeing payment into a trust fund. (1) An owner 
or operator may satisfy the requirements of this section by obtaining a 
surety bond which conforms to the requirements of this paragraph and 
submitting the bond to the Regional Administrator. The surety company 
issuing the bond must, at a minimum, be among those listed as acceptable 
sureties on Federal bonds in Circular 570 of the U.S. Department of the 
Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 261.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in paragraph (a) 
of this section, except that:

[[Page 142]]

    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see Sec. 
261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before loss of the exclusion under Sec. 261.4(a)(24) of 
this chapter or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin closure issued by 
the Regional Administrator becomes final, or within 15 days after an 
order to begin closure is issued by a U.S. district court or other court 
of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current cost estimate, except as provided in paragraph (f) of this 
section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the penal sum, the owner or operator, within 60 days after 
the increase, must either cause the penal sum to be increased to an 
amount at least equal to the current cost estimate and submit evidence 
of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current cost estimate decreases, the penal sum may be 
reduced to the amount of the current cost estimate following written 
approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Letter of credit. (1) An owner or operator may satisfy the 
requirements of this section by obtaining an irrevocable standby letter 
of credit which conforms to the requirements of this paragraph and 
submitting the letter to the Regional Administrator. The issuing 
institution must be an entity which has the authority to issue letters 
of credit and whose letter-of-credit operations are regulated and 
examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 261.151(c).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in paragraph (a) 
of this section, except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and

[[Page 143]]

    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see Sec. 
261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: The EPA 
Identification Number (if any issued), name, and address of the 
facility, and the amount of funds assured for the facility by the letter 
of credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current cost estimate, except as provided in paragraph (f) of 
this section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the amount of the credit, the owner or operator, within 60 
days after the increase, must either cause the amount of the credit to 
be increased so that it at least equals the current cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the amount 
of the credit may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (8) Following a determination by the Regional Administrator that the 
hazardous secondary materials do not meet the conditions of the 
exclusion under Sec. 261.4(a)(24), the Regional Administrator may draw 
on the letter of credit.
    (9) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this section and obtain written 
approval of such assurance from the Regional Administrator.
    (10) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (d) Insurance. (1) An owner or operator may satisfy the requirements 
of this section by obtaining insurance which conforms to the 
requirements of this paragraph and submitting a certificate of such 
insurance to the Regional Administrator At a minimum, the insurer must 
be licensed to transact the business of insurance, or eligible to 
provide insurance as an excess or surplus lines insurer, in one or more 
States.

[[Page 144]]

    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 261.151(d).
    (3) The insurance policy must be issued for a face amount at least 
equal to the current cost estimate, except as provided in paragraph (f) 
of this section. The term ``face amount'' means the total amount the 
insurer is obligated to pay under the policy. Actual payments by the 
insurer will not change the face amount, although the insurer's future 
liability will be lowered by the amount of the payments.
    (4) The insurance policy must guarantee that funds will be available 
whenever needed to pay the cost of removal of all hazardous secondary 
materials from the unit, to pay the cost of decontamination of the unit, 
to pay the costs of the performance of activities required under subpart 
G of 40 CFR parts 264 or 265, as applicable, for the facilities covered 
by this policy. The policy must also guarantee that once funds are 
needed, the insurer will be responsible for paying out funds, up to an 
amount equal to the face amount of the policy, upon the direction of the 
Regional Administrator, to such party or parties as the Regional 
Administrator specifies.
    (5) After beginning partial or final closure under 40 CFR parts 264 
or 265, as applicable, an owner or operator or any other authorized 
person may request reimbursements for closure expenditures by submitting 
itemized bills to the Regional Administrator. The owner or operator may 
request reimbursements only if the remaining value of the policy is 
sufficient to cover the maximum costs of closing the facility over its 
remaining operating life. Within 60 days after receiving bills for 
closure activities, the Regional Administrator will instruct the insurer 
to make reimbursements in such amounts as the Regional Administrator 
specifies in writing if the Regional Administrator determines that the 
expenditures are in accordance with the approved plan or otherwise 
justified. If the Regional Administrator has reason to believe that the 
maximum cost over the remaining life of the facility will be 
significantly greater than the face amount of the policy, he may 
withhold reimbursement of such amounts as he deems prudent until he 
determines, in accordance with paragraph (h) of this section, that the 
owner or operator is no longer required to maintain financial assurance 
for the particular facility. If the Regional Administrator does not 
instruct the insurer to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (i)(10) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:

[[Page 145]]

    (i) The Regional Administrator deems the facility abandoned; or
    (ii) Conditional exclusion or interim status is lost, terminated, or 
revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current cost estimate increases to an amount 
greater than the face amount of the policy, the owner or operator, 
within 60 days after the increase, must either cause the face amount to 
be increased to an amount at least equal to the current cost estimate 
and submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the face 
amount may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (10) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (e) Financial test and corporate guarantee. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of either paragraph 
(e)(1) (i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: A ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates; 
and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates.
    (2) The phrase ``current cost estimates'' as used in paragraph 
(e)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 261.151(e)). The phrase ``current plugging and 
abandonment cost estimates'' as used in paragraph (e)(1) of this section 
refers to the cost estimates required to be shown in paragraphs 1-4 of 
the letter from the owner's or operator's chief financial officer (Sec. 
144.70(f) of this chapter).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(e); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and

[[Page 146]]

    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (e)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (e)(3)(ii)of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any differences.
    (4) The owner or operator may obtain an extension of the time 
allowed for submission of the documents specified in paragraph (e)(3) of 
this section if the fiscal year of the owner or operator ends during the 
90 days prior to the effective date of these regulations and if the 
year-end financial statements for that fiscal year will be audited by an 
independent certified public accountant. The extension will end no later 
than 90 days after the end of the owner's or operator's fiscal year. To 
obtain the extension, the owner's or operator's chief financial officer 
must send, by the effective date of these regulations, a letter to the 
Regional Administrator of each Region in which the owner's or operator's 
facilities to be covered by the financial test are located. This letter 
from the chief financial officer must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number (if any issued), name, address, and current cost 
estimates to be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations in this 
subpart;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(e)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(e)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (e)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (e)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (e)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (e)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (e)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial

[[Page 147]]

statements (see paragraph (e)(3)(ii) of this section). An adverse 
opinion or a disclaimer of opinion will be cause for disallowance. The 
Regional Administrator will evaluate other qualifications on an 
individual basis. The owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of the disallowance.
    (9) The owner or operator is no longer required to submit the items 
specified in paragraph (e)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (10) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (e)(1) through (8) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
261.151(g)(1). A certified copy of the guarantee must accompany the 
items sent to the Regional Administrator as specified in paragraph 
(e)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, the 
letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee. The terms of the guarantee must provide 
that:
    (i) Following a determination by the Regional Administrator that the 
hazardous secondary materials at the owner or operator's facility 
covered by this guarantee do not meet the conditions of the exclusion 
under Sec. 261.4(a)(24) of this chapter, the guarantor will dispose of 
any hazardous secondary material as hazardous waste and close the 
facility in accordance with closure requirements found in parts 264 or 
265 of this chapter, as applicable, or establish a trust fund as 
specified in paragraph (a) of this section in the name of the owner or 
operator in the amount of the current cost estimate.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternate financial 
assurance in the name of the owner or operator.
    (f) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds, letters of credit, and insurance. The mechanisms 
must be as specified in paragraphs (a) through (d) of this section, 
respectively, of this section, except that it is the combination of 
mechanisms, rather than the single mechanism, which must provide 
financial assurance for an amount at least equal to the current cost 
estimate. If an owner or operator uses a trust fund in combination with 
a surety bond or a letter of credit, he may use the trust fund as the 
standby trust fund for the other mechanisms. A single standby trust fund 
may be established for two

[[Page 148]]

or more mechanisms. The Regional Administrator may use any or all of the 
mechanisms to provide for the facility.
    (g) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number (if any issued), name, address, and the amount of 
funds assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for any of the facilities covered by the mechanism, the Regional 
Administrator may direct only the amount of funds designated for that 
facility, unless the owner or operator agrees to the use of additional 
funds available under the mechanism.
    (h) Removal and Decontamination Plan for Release (1) An owner or 
operator of a reclamation facility or an intermediate facility who 
wishes to be released from his financial assurance obligations under 
Sec. 261.4(a)(24)(vi)(F) of this chapter must submit a plan for 
removing all hazardous secondary material residues to the Regional 
Administrator at least 180 days prior to the date on which he expects to 
cease to operate under the exclusion.
    (2) The plan must include, at least:
    (A) For each hazardous secondary materials storage unit subject to 
financial assurance requirements under Sec. 261.4(a)(24)(vi)(F), a 
description of how all excluded hazardous secondary materials will be 
recycled or sent for recycling, and how all residues, contaminated 
containment systems (liners, etc), contaminated soils, subsoils, 
structures, and equipment will be removed or decontaminated as necessary 
to protect human health and the environment, and
    (B) A detailed description of the steps necessary to remove or 
decontaminate all hazardous secondary material residues and contaminated 
containment system components, equipment, structures, and soils 
including, but not limited to, procedures for cleaning equipment and 
removing contaminated soils, methods for sampling and testing 
surrounding soils, and criteria for determining the extent of 
decontamination necessary to protect human health and the environment; 
and
    (C) A detailed description of any other activities necessary to 
protect human health and the environment during this timeframe, 
including, but not limited to, leachate collection, run-on and run-off 
control, etc; and
    (D) A schedule for conducting the activities described which, at a 
minimum, includes the total time required to remove all excluded 
hazardous secondary materials for recycling and decontaminate all units 
subject to financial assurance under Sec. 261.4(a)(24)(vi)(F) and the 
time required for intervening activities which will allow tracking of 
the progress of decontamination.
    (3) The Regional Administrator will provide the owner or operator 
and the public, through a newspaper notice, the opportunity to submit 
written comments on the plan and request modifications to the plan no 
later than 30 days from the date of the notice. He will also, in 
response to a request or at his discretion, hold a public hearing 
whenever such a hearing might clarify one or more issues concerning the 
plan. The Regional Administrator will give public notice of the hearing 
at least 30 days before it occurs. (Public notice of the hearing may be 
given at the same time as notice of the opportunity for the public to 
submit written comments, and the two notices may be combined.) The 
Regional Administrator will approve, modify, or disapprove the plan 
within 90 days of its receipt. If the Regional Administrator does not 
approve the plan, he shall provide the owner or operator with a detailed 
written statement of reasons for the refusal and the owner or operator 
must modify the plan or submit a new plan for approval within 30 days 
after

[[Page 149]]

receiving such written statement. The Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
plan. The Regional Administrator must assure that the approved plan is 
consistent with paragraph (h) of this section. A copy of the modified 
plan with a detailed statement of reasons for the modifications must be 
mailed to the owner or operator.
    (4) Within 60 days of completion of the activities described for 
each hazardous secondary materials management unit, the owner or 
operator must submit to the Regional Administrator, by registered mail, 
a certification that all hazardous secondary materials have been removed 
from the unit and the unit has been decontaminated in accordance with 
the specifications in the approved plan. The certification must be 
signed by the owner or operator and by a qualified Professional 
Engineer. Documentation supporting the Professional Engineer's 
certification must be furnished to the Regional Administrator, upon 
request, until he releases the owner or operator from the financial 
assurance requirements for Sec. 261.4(a)(24)(vi)(F).
    (i) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that all hazardous 
secondary materials have been removed from the facility or a unit at the 
facility and the facility or a unit has been decontaminated in 
accordance with the approved plan per paragraph (h), the Regional 
Administrator will notify the owner or operator in writing that he is no 
longer required under Sec. 261.4(a)(24)(vi)(F) to maintain financial 
assurance for that facility or a unit at the facility, unless the 
Regional Administrator has reason to believe that all hazardous 
secondary materials have not been removed from the facility or unit at a 
facility or that the facility or unit has not been decontaminated in 
accordance with the approved plan. The Regional Administrator shall 
provide the owner or operator a detailed written statement of any such 
reason to believe that all hazardous secondary materials have not been 
removed from the unit or that the unit has not been decontaminated in 
accordance with the approved plan.



Sec. Sec. 261.144-261.146  [Reserved]



Sec. 261.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous secondary material reclamation facility or an 
intermediate facility subject to financial assurance requirements under 
Sec. 261.4(a)(24)(vi)(F) of this chapter, or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties caused by sudden accidental 
occurrences arising from operations of the facility or group of 
facilities. The owner or operator must have and maintain liability 
coverage for sudden accidental occurrences in the amount of at least $1 
million per occurrence with an annual aggregate of at least $2 million, 
exclusive of legal defense costs. This liability coverage may be 
demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or 
(6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement, or 
evidenced by a Certificate of Liability Insurance. The wording of the 
endorsement must be identical to the wording specified in Sec. 
261.151(h). The wording of the certificate of insurance must be 
identical to the wording specified in Sec. 261.151(i). The owner or 
operator must submit a signed duplicate original of the endorsement or 
the certificate of insurance to the Regional Administrator, or Regional 
Administrators if the facilities are located in more than one Region. If 
requested by a Regional Administrator, the owner or operator must 
provide a signed duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide

[[Page 150]]

insurance as an excess or surplus lines insurer, in one or more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material reclamation 
facility or intermediate facility is entered between the owner or 
operator and third-party claimant for liability coverage under 
paragraphs (a)(1) through (a)(6) of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
reclamation facility or intermediate facility is issued against the 
owner or operator or an instrument that is providing financial assurance 
for liability coverage under paragraphs (a)(1) through (a)(6) of this 
section.
    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a hazardous secondary material reclamation facility or 
intermediate facility with land-based units, as defined in Sec. 260.10 
of this chapter, which are used to manage hazardous secondary materials 
excluded under Sec. 261.4(a)(24) of this chapter or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties caused by nonsudden accidental 
occurrences arising from operations of the facility or group of 
facilities. The owner or operator must have and maintain liability 
coverage for nonsudden accidental occurrences in the amount of at least 
$3 million per occurrence with an annual aggregate of at least $6 
million, exclusive of legal defense costs. An owner or operator who must 
meet the requirements of this section may combine the required per-
occurrence coverage levels for sudden and nonsudden accidental 
occurrences into a single per-occurrence level, and combine the required 
annual aggregate coverage levels for sudden and nonsudden accidental 
occurrences into a single annual aggregate level. Owners or operators 
who combine coverage levels for sudden and nonsudden accidental 
occurrences must maintain liability coverage in the amount of at least 
$4 million per occurrence and $8 million annual aggregate. This 
liability coverage may be demonstrated as specified in paragraph (b)(1), 
(2), (3), (4), (5), or (6) of this section:

[[Page 151]]

    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement or evidenced 
by a Certificate of Liability Insurance. The wording of the endorsement 
must be identical to the wording specified in Sec. 261.151(h). The 
wording of the certificate of insurance must be identical to the wording 
specified in Sec. 261.151(i). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrators if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (b)(1) through (b)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material treatment and/or 
storage facility is entered between the owner or operator and third-
party claimant for liability coverage under paragraphs (b)(1) through 
(b)(6) of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
treatment and/or storage facility is issued against the owner or 
operator or an instrument that is providing financial assurance for 
liability coverage under paragraphs (b)(1) through (b)(6) of this 
section.
    (c) Request for variance. If an owner or operator can demonstrate to 
the satisfaction of the Regional Administrator that the levels of 
financial responsibility required by paragraph (a) or (b) of this 
section are not consistent with the degree and duration of risk 
associated with treatment and/or storage at the facility or group of 
facilities, the owner or operator may obtain a variance from the 
Regional Administrator. The request for a variance must be submitted in 
writing to the Regional Administrator. If granted, the variance

[[Page 152]]

will take the form of an adjusted level of required liability coverage, 
such level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator determines that the levels of financial responsibility 
required by paragraph (a) or (b) of this section are not consistent with 
the degree and duration of risk associated with treatment and/or storage 
at the facility or group of facilities, the Regional Administrator may 
adjust the level of financial responsibility required under paragraph 
(a) or (b) of this section as may be necessary to protect human health 
and the environment. This adjusted level will be based on the Regional 
Administrator's assessment of the degree and duration of risk associated 
with the ownership or operation of the facility or group of facilities. 
In addition, if the Regional Administrator determines that there is a 
significant risk to human health and the environment from nonsudden 
accidental occurrences resulting from the operations of a facility that 
is not a surface impoundment, pile, or land treatment facility, he may 
require that an owner or operator of the facility comply with paragraph 
(b) of this section. An owner or operator must furnish to the Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage.
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and a qualified Professional 
Engineer that all hazardous secondary materials have been removed from 
the facility or a unit at the facility and the facility or a unit has 
been decontaminated in accordance with the approved plan per Sec. 
261.143(h), the Regional Administrator will notify the owner or operator 
in writing that he is no longer required under Sec. 261.4(a)(24)(vi)(F) 
to maintain liability coverage for that facility or a unit at the 
facility, unless the Regional Administrator has reason to believe that 
that all hazardous secondary materials have not been removed from the 
facility or unit at a facility or that the facility or unit has not been 
decontaminated in accordance with the approved plan.
    (f) Financial test for liability coverage. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of paragraph (f)(1) 
(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Net working capital and tangible net worth each at least six 
times the amount of liability coverage to be demonstrated by this test; 
and
    (B) Tangible net worth of at least $10 million; and
    (C) Assets in the United States amounting to either:
    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth of at least $10 million; and
    (C) Tangible net worth at least six times the amount of liability 
coverage to be demonstrated by this test; and
    (D) Assets in the United States amounting to either:
    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (2) The phrase ``amount of liability coverage'' as used in paragraph 
(f)(1) of this section refers to the annual aggregate amounts for which 
coverage is required under paragraphs (a) and (b) of this section and 
the annual aggregate

[[Page 153]]

amounts for which coverage is required under paragraphs (a) and (b) of 
40 CFR 264.147 and 265.147.
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(f). If an owner or 
operator is using the financial test to demonstrate both assurance as 
specified by Sec. 261.143(e), and liability coverage, he must submit 
the letter specified in Sec. 261.151(f) to cover both forms of 
financial responsibility; a separate letter as specified in Sec. 
261.151(e) is not required.
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year.
    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (f)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (f)(3)(ii) of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any difference.
    (4) The owner or operator may obtain a one-time extension of the 
time allowed for submission of the documents specified in paragraph 
(f)(3) of this section if the fiscal year of the owner or operator ends 
during the 90 days prior to the effective date of these regulations and 
if the year-end financial statements for that fiscal year will be 
audited by an independent certified public accountant. The extension 
will end no later than 90 days after the end of the owner's or 
operator's fiscal year. To obtain the extension, the owner's or 
operator's chief financial officer must send, by the effective date of 
these regulations, a letter to the Regional Administrator of each Region 
in which the owner's or operator's facilities to be covered by the 
financial test are located. This letter from the chief financial officer 
must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, the amount of liability coverage 
and, when applicable, current closure and post-closure cost estimates to 
be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(f)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must obtain insurance, a letter of 
credit, a surety bond, a trust fund, or a guarantee for the entire 
amount of required liability coverage as specified in this section. 
Evidence of liability coverage must be submitted to the Regional 
Administrator within 90 days after the end of the fiscal year for which 
the year-end financial data show that the owner or

[[Page 154]]

operator no longer meets the test requirements.
    (7) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide evidence of insurance for the entire amount of required 
liability coverage as specified in this section within 30 days after 
notification of disallowance.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(6) of this section. The 
wording of the guarantee must be identical to the wording specified in 
Sec. 261.151(g)(2). A certified copy of the guarantee must accompany 
the items sent to the Regional Administrator as specified in paragraph 
(f)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, 
this letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden or nonsudden accidental occurrences (or both as 
the case may be), arising from the operation of facilities covered by 
this corporate guarantee, or fails to pay an amount agreed to in 
settlement of claims arising from or alleged to arise from such injury 
or damage, the guarantor will do so up to the limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of:
    (A) The State in which the guarantor is incorporated; and
    (B) Each State in which a facility covered by the guarantee is 
located have submitted a written statement to EPA that a guarantee 
executed as described in this section and Sec. 264.151(g)(2) is a 
legally valid and enforceable obligation in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if:
    (A) The non-U.S. corporation has identified a registered agent for 
service of process in each State in which a facility covered by the 
guarantee is located and in the State in which it has its principal 
place of business; and if
    (B) The Attorney General or Insurance Commissioner of each State in 
which a facility covered by the guarantee is located and the State in 
which the guarantor corporation has its principal place of business, has 
submitted a written statement to EPA that a guarantee executed as 
described in this section and Sec. 261.151(h)(2) is a legally valid and 
enforceable obligation in that State.
    (h) Letter of credit for liability coverage. (1) An owner or 
operator may satisfy the requirements of this section by obtaining an 
irrevocable standby letter of credit that conforms to the requirements 
of this paragraph and submitting a copy of the letter of credit to the 
Regional Administrator.
    (2) The financial institution issuing the letter of credit must be 
an entity that has the authority to issue letters of credit and whose 
letter of credit operations are regulated and examined by a Federal or 
State agency.

[[Page 155]]

    (3) The wording of the letter of credit must be identical to the 
wording specified in Sec. 261.151(j).
    (4) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section may also establish a standby trust fund. 
Under the terms of such a letter of credit, all amounts paid pursuant to 
a draft by the trustee of the standby trust will be deposited by the 
issuing institution into the standby trust in accordance with 
instructions from the trustee. The trustee of the standby trust fund 
must be an entity which has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal or State 
agency.
    (5) The wording of the standby trust fund must be identical to the 
wording specified in Sec. 261.151(m).
    (i) Surety bond for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by obtaining a surety bond that 
conforms to the requirements of this paragraph and submitting a copy of 
the bond to the Regional Administrator.
    (2) The surety company issuing the bond must be among those listed 
as acceptable sureties on Federal bonds in the most recent Circular 570 
of the U.S. Department of the Treasury.
    (3) The wording of the surety bond must be identical to the wording 
specified in Sec. 261.151(k) of this chapter.
    (4) A surety bond may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of:
    (i) The State in which the surety is incorporated; and
    (ii) Each State in which a facility covered by the surety bond is 
located have submitted a written statement to EPA that a surety bond 
executed as described in this section and Sec. 261.151(k) is a legally 
valid and enforceable obligation in that State.
    (j) Trust fund for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by establishing a trust fund 
that conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator.
    (2) The trustee must be an entity which has the authority to act as 
a trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (3) The trust fund for liability coverage must be funded for the 
full amount of the liability coverage to be provided by the trust fund 
before it may be relied upon to satisfy the requirements of this 
section. If at any time after the trust fund is created the amount of 
funds in the trust fund is reduced below the full amount of the 
liability coverage to be provided, the owner or operator, by the 
anniversary date of the establishment of the Fund, must either add 
sufficient funds to the trust fund to cause its value to equal the full 
amount of liability coverage to be provided, or obtain other financial 
assurance as specified in this section to cover the difference. For 
purposes of this paragraph, ``the full amount of the liability coverage 
to be provided'' means the amount of coverage for sudden and/or 
nonsudden occurrences required to be provided by the owner or operator 
by this section, less the amount of financial assurance for liability 
coverage that is being provided by other financial assurance mechanisms 
being used to demonstrate financial assurance by the owner or operator.
    (4) The wording of the trust fund must be identical to the wording 
specified in Sec. 261.151(l).



Sec. 261.148  Incapacity of owners or operators, guarantors, or financial 

institutions.

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in Sec. 261.143(e) 
must make such a notification if he is named as debtor, as required 
under the terms of the corporate guarantee.
    (b) An owner or operator who fulfills the requirements of Sec. 
261.143 or Sec. 261.147 by obtaining a trust fund, surety bond, letter 
of credit, or insurance policy will be deemed to be without the required 
financial assurance or liability

[[Page 156]]

coverage in the event of bankruptcy of the trustee or issuing 
institution, or a suspension or revocation of the authority of the 
trustee institution to act as trustee or of the institution issuing the 
surety bond, letter of credit, or insurance policy to issue such 
instruments. The owner or operator must establish other financial 
assurance or liability coverage within 60 days after such an event.



Sec. 261.149  Use of State-required mechanisms.

    (a) For a reclamation or intermediate facility located in a State 
where EPA is administering the requirements of this subpart but where 
the State has regulations that include requirements for financial 
assurance of closure or liability coverage, an owner or operator may use 
State-required financial mechanisms to meet the requirements of Sec. 
261.143 or Sec. 261.147 if the Regional Administrator determines that 
the State mechanisms are at least equivalent to the financial mechanisms 
specified in this subpart. The Regional Administrator will evaluate the 
equivalency of the mechanisms principally in terms of certainty of the 
availability of: Funds for the required closure activities or liability 
coverage; and the amount of funds that will be made available. The 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator evidence of the establishment of the mechanism together 
with a letter requesting that the State-required mechanism be considered 
acceptable for meeting the requirements of this subpart. The submission 
must include the following information: The facility's EPA 
Identification Number (if available), name, and address, and the amount 
of funds for closure or liability coverage assured by the mechanism. The 
Regional Administrator will notify the owner or operator of his 
determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 261.143 or Sec. 261.147, as 
applicable.
    (b) If a State-required mechanism is found acceptable as specified 
in paragraph (a) of this section except for the amount of funds 
available, the owner or operator may satisfy the requirements of this 
subpart by increasing the funds available through the State-required 
mechanism or using additional financial mechanisms as specified in this 
subpart. The amount of funds available through the State and Federal 
mechanisms must at least equal the amount required by this subpart.



Sec. 261.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure or liability requirements of this 
part or assures that funds will be available from State sources to cover 
those requirements, the owner or operator will be in compliance with the 
requirements of Sec. 261.143 or Sec. 261.147 if the Regional 
Administrator determines that the State's assumption of responsibility 
is at least equivalent to the financial mechanisms specified in this 
subpart. The Regional Administrator will evaluate the equivalency of 
State guarantees principally in terms of: Certainty of the availability 
of funds for the required closure activities or liability coverage; and 
the amount of funds that will be made available. The Regional 
Administrator may also consider other factors as he deems appropriate. 
The owner or operator must submit to the Regional Administrator a letter 
from the State describing the nature of the State's assumption of 
responsibility together with a letter from the owner or operator 
requesting that the State's assumption of responsibility be considered 
acceptable for meeting the requirements of this subpart. The letter from 
the State must include, or have attached to it, the following 
information: The facility's EPA Identification Number (if available), 
name, and address, and the amount of funds for closure or liability 
coverage that are guaranteed by the State. The Regional Administrator 
will notify the owner or operator of his determination

[[Page 157]]

regarding the acceptability of the State's guarantee in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 265.143 or Sec. 265.147, as 
applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



Sec. 261.151  Wording of the instruments.

    (a)(1) A trust agreement for a trust fund, as specified in Sec. 
261.143(a) must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``incorporated in the State of -----------'' or ``a national 
bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a facility regulated under parts 264, or 265, or satisfying 
the conditions of the exclusion under Sec. 261.4(a)(24) shall provide 
assurance that funds will be available if needed for care of the 
facility under 40 CFR parts 264 or 265, subparts G, as applicable ,
    Whereas, the Grantor has elected to establish a trust to provide all 
or part of such financial assurance for the facilities identified 
herein,
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee,
    Now, Therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities and Cost Estimates. This 
Agreement pertains to the facilities and cost estimates identified on 
attached Schedule A [on Schedule A, for each facility list the EPA 
Identification Number (if available), name, address, and the current 
cost estimates, or portions thereof, for which financial assurance is 
demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, the ``Fund,'' for the benefit of EPA in the 
event that the hazardous secondary materials of the grantor no longer 
meet the conditions of the exclusion under Sec. 261.4(a)(24). The 
Grantor and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially as 
consisting of the property, which is acceptable to the Trustee, 
described in Schedule B attached hereto. Such property and any other 
property subsequently transferred to the Trustee is referred to as the 
Fund, together with all earnings and profits thereon, less any payments 
or distributions made by the Trustee pursuant to this Agreement. The 
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. 
The Trustee shall not be responsible nor shall it undertake any 
responsibility for the amount or adequacy of, nor any duty to collect 
from the Grantor, any payments necessary to discharge any liabilities of 
the Grantor established by EPA.
    Section 4. Payments from the Fund. The Trustee shall make payments 
from the Fund as the EPA Regional Administrator shall direct, in 
writing, to provide for the payment of the costs of the performance of 
activities required under subpart G of 40 CFR parts 264 or 265 for the 
facilities covered by this Agreement. The Trustee shall reimburse the 
Grantor or other persons as specified by the EPA Regional Administrator 
from the Fund for expenditures for such activities in such amounts as 
the beneficiary shall direct in writing. In addition, the Trustee shall 
refund to the Grantor such amounts as the EPA Regional Administrator 
specifies in writing. Upon refund, such funds shall no longer constitute 
part of the Fund as defined herein.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.

[[Page 158]]

    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income of the Fund and keep the Fund invested as a 
single fund, without distinction between principal and income, in 
accordance with general investment policies and guidelines which the 
Grantor may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In investing, 
reinvesting, exchanging, selling, and managing the Fund, the Trustee 
shall discharge his duties with respect to the trust fund solely in the 
interest of the beneficiary and with the care, skill, prudence, and 
diligence under the circumstances then prevailing which persons of 
prudence, acting in a like capacity and familiar with such matters, 
would use in the conduct of an enterprise of a like character and with 
like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuation. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.

[[Page 159]]

    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
Section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendment to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to 
act in the absence of such orders, requests, and instructions from the 
Grantor and/or EPA, except as provided for herein.
    Section 15. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 16. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    Section 17. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 18. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [insert 
name of State].
    Section 19. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written: The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(a)(1) 
as such regulations were constituted on the date first above written.
    [Signature of Grantor]
    [Title]

Attest:
    [Title]
    [Seal]
    [Signature of Trustee]

Attest:
    [Title]
    [Seal]

[[Page 160]]

    (2) The following is an example of the certification of 
acknowledgment which must accompany the trust agreement for a trust fund 
as specified in Sec. 261.143(a) of this chapter. State requirements may 
differ on the proper content of this acknowledgment.
 State of_______________________________________________________________
 County of______________________________________________________________
    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
    [Signature of Notary Public]
    (b) A surety bond guaranteeing payment into a trust fund, as 
specified in Sec. 261.143(b) of this chapter, must be worded as 
follows, except that instructions in brackets are to be replaced with 
the relevant information and the brackets deleted:

                        Financial Guarantee Bond

Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
 State of incorporation:________________________________________________
Surety(ies): [name(s) and business address(es)]
 EPA Identification Number, name, address and amount(s) for each 
facility guaranteed by this bond:_______________________________________
 Total penal sum of bond: $_____________________________________________
 Surety's bond number:__________________________________________________
    Know All Persons By These Presents, That we, the Principal and 
Surety(ies) are firmly bound to the U.S. EPA in the event that the 
hazardous secondary materials at the reclamation or intermediate 
facility listed below no longer meet the conditions of the exclusion 
under 40 CFR 261.4(a)(24), in the above penal sum for the payment of 
which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, where the 
Surety(ies) are corporations acting as co-sureties, we, the Sureties, 
bind ourselves in such sum ``jointly and severally'' only for the 
purpose of allowing a joint action or actions against any or all of us, 
and for all other purposes each Surety binds itself, jointly and 
severally with the Principal, for the payment of such sum only as is set 
forth opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the penal 
sum.
    Whereas said Principal is required, under the Resource Conservation 
and Recovery Act as amended (RCRA), to have a permit or interim status 
in order to own or operate each facility identified above, or to meet 
conditions under 40 CFR sections 261.4(a)(24), and
    Whereas said Principal is required to provide financial assurance as 
a condition of permit or interim status or as a condition of an 
exclusion under 40 CFR sections 261.4(a)(24) and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, Therefore, the conditions of the obligation are such that if 
the Principal shall faithfully, before the beginning of final closure of 
each facility identified above, fund the standby trust fund in the 
amount(s) identified above for the facility,
    Or, if the Principal shall satisfy all the conditions established 
for exclusion of hazardous secondary materials from coverage as solid 
waste under 40 CFR sections 261.4(a)(24),
    Or, if the Principal shall fund the standby trust fund in such 
amount(s) within 15 days after a final order to begin closure is issued 
by an EPA Regional Administrator or a U.S. district court or other court 
of competent jurisdiction,
    Or, if the Principal shall provide alternate financial assurance, as 
specified in subpart H of 40 CFR part 261, as applicable, and obtain the 
EPA Regional Administrator's written approval of such assurance, within 
90 days after the date notice of cancellation is received by both the 
Principal and the EPA Regional Administrator(s) from the Surety(ies), 
then this obligation shall be null and void; otherwise it is to remain 
in full force and effect.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above. 
Upon notification by an EPA Regional Administrator that the Principal 
has failed to perform as guaranteed by this bond, the Surety(ies) shall 
place funds in the amount guaranteed for the facility(ies) into the 
standby trust fund as directed by the EPA Regional Administrator.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond, but in no event shall the obligation of the Surety(ies) 
hereunder exceed the amount of said penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified

[[Page 161]]

mail to the Principal and to the EPA Regional Administrator(s) for the 
Region(s) in which the facility(ies) is (are) located, provided, 
however, that cancellation shall not occur during the 120 days beginning 
on the date of receipt of the notice of cancellation by both the 
Principal and the EPA Regional Administrator(s), as evidenced by the 
return receipts.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies), provided, however, that no such notice shall become 
effective until the Surety(ies) receive(s) written authorization for 
termination of the bond by the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [The following paragraph is an optional rider that may be included 
but is not required.]
    Principal and Surety(ies) hereby agree to adjust the penal sum of 
the bond yearly so that it guarantees a new amount, provided that the 
penal sum does not increase by more than 20 percent in any one year, and 
no decrease in the penal sum takes place without the written permission 
of the EPA Regional Administrator(s).
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Financial Guarantee Bond and have affixed their seals on the date set 
forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 261.151(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]

________________________________________________________________________
[Name(s)]

________________________________________________________________________
[Title(s)]

________________________________________________________________________
 [Corporate seal]_______________________________________________________

                          Corporate Surety(ies)

[Name and address]
 State of incorporation:________________________________________________
Liability limit:
 $______________________________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
 Bond premium: $________________________________________________________
    (c) A letter of credit, as specified in Sec. 261.143(c) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                  Irrevocable Standby Letter of Credit

                        Regional Administrator(s)

 Region(s)______________________________________________________________

                  U.S. Environmental Protection Agency

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No.-------- in your favor, in the event that the 
hazardous secondary materials at the covered reclamation or intermediary 
facility(ies) no longer meet the conditions of the exclusion under 40 
CFR 261.4(a)(24), at the request and for the account of [owner's or 
operator's name and address] up to the aggregate amount of [in words] 
U.S. dollars $--------, available upon presentation of
    (1) your sight draft, bearing reference to this letter of credit 
No.----, and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable pursuant to regulations issued under 
authority of the Resource Conservation and Recovery Act of 1976 as 
amended.''
    This letter of credit is effective as of [date] and shall expire on 
[date at least 1 year later], but such expiration date shall be 
automatically extended for a period of [at least 1 year] on [date] and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify both you and [owner's or operator's 
name] by certified mail that we have decided not to extend this letter 
of credit beyond the current expiration date. In the event you are so 
notified, any unused portion of the credit shall be available upon 
presentation of your sight draft for 120 days after the date of receipt 
by both you and [owner's or operator's name], as shown on the signed 
return receipts.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner's or operator's name] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 261.151(c) 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''].

[[Page 162]]

    (d) A certificate of insurance, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                        Certificate of Insurance

      Name and Address of Insurer (herein called the ``Insurer''):

________________________________________________________________________

      Name and Address of Insured (herein called the ``Insured''):

________________________________________________________________________

    Facilities Covered: [List for each facility: The EPA Identification 
Number (if any issued), name, address, and the amount of insurance for 
all facilities covered, which must total the face amount shown below.

                              Face Amount:

________________________________________________________________________

 Policy Number:_________________________________________________________

                             Effective Date:

________________________________________________________________________

    The Insurer hereby certifies that it has issued to the Insured the 
policy of insurance identified above to provide financial assurance so 
that in accordance with applicable regulations all hazardous secondary 
materials can be removed from the facility or any unit at the facility 
and the facility or any unit at the facility can be decontaminated at 
the facilities identified above. The Insurer further warrants that such 
policy conforms in all respects with the requirements of 40 CFR 
261.143(d) as applicable and as such regulations were constituted on the 
date shown immediately below. It is agreed that any provision of the 
policy inconsistent with such regulations is hereby amended to eliminate 
such inconsistency.
    Whenever requested by the EPA Regional Administrator(s) of the U.S. 
Environmental Protection Agency, the Insurer agrees to furnish to the 
EPA Regional Administrator(s) a duplicate original of the policy listed 
above, including all endorsements thereon.
    I hereby certify that the wording of this certificate is identical 
to the wording specified in 40 CFR 261.151(d) such regulations were 
constituted on the date shown immediately below.

                   [Authorized signature for Insurer]

                        [Name of person signing]

                        [Title of person signing]

 Signature of witness or notary:________________________________________

                                 [Date]

    (e) A letter from the chief financial officer, as specified in Sec. 
261.143(e) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance, as specified in subpart H of 40 CFR 
part 261.
    [Fill out the following nine paragraphs regarding facilities and 
associated cost estimates. If your firm has no facilities that belong in 
a particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility: -------- .
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part 261, the following facilities owned or operated by the 
guaranteed party. The current cost estimates so guaranteed are shown for 
each facility: -------- . The firm identified above is [insert one or 
more: (1) The direct or higher-tier parent corporation of the owner or 
operator; (2) owned by the same parent corporation as the parent 
corporation of the owner or operator, and receiving the following value 
in consideration of this guarantee--------, or (3) engaged in the 
following substantial business relationship with the owner or operator 
--------, and receiving the following value in consideration of this 
guarantee--------]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 261, this firm, as owner or 
operator or guarantor, is demonstrating financial assurance for the 
following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H of 
40 CFR part 261. The current cost estimates covered by such a test are 
shown for each facility:--------.
    4. This firm is the owner or operator of the following hazardous 
secondary materials management facilities for which financial

[[Page 163]]

assurance is not demonstrated either to EPA or a State through the 
financial test or any other financial assurance mechanism specified in 
subpart H of 40 CFR part 261 or equivalent or substantially equivalent 
State mechanisms. The current cost estimates not covered by such 
financial assurance are shown for each facility:--------.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility:--------.
    6. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: -------- .
    7. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: --------. The firm identified 
above is [insert one or more: (1) The direct or higher-tier parent 
corporation of the owner or operator; (2) owned by the same parent 
corporation as the parent corporation of the owner or operator, and 
receiving the following value in consideration of this guarantee ------; 
or (3) engaged in the following substantial business relationship with 
the owner or operator ----, and receiving the following value in 
consideration of this guarantee ----]. [Attach a written description of 
the business relationship or a copy of the contract establishing such 
relationship to this letter].
    8. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: ----.
    9. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure care, is not demonstrated 
either to EPA or a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. The 
current closure and/or post-closure cost estimates not covered by such 
financial assurance are shown for each facility: ----.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].
    [Fill in Alternative I if the criteria of paragraph (e)(1)(i) of 
Sec. 261.143 of this chapter are used. Fill in Alternative II if the 
criteria of paragraph (e)(1)(ii) of Sec. 261.143(e) of this chapter are 
used.]

                              Alternative I

    1. Sum of current cost estimates [total of all cost estimates shown 
in the nine paragraphs above] $----
    *2. Total liabilities [if any portion of the cost estimates is 
included in total liabilities, you may deduct the amount of that portion 
from this line and add that amount to lines 3 and 4] $----
    *3. Tangible net worth $--------
    *4. Net worth $---------
    *5. Current assets $--------
    *6. Current liabilities $--------
    7. Net working capital [line 5 minus line 6] $--------
    *8. The sum of net income plus depreciation, depletion, and 
amortization $---------
    *9. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $---------
    10. Is line 3 at least $10 million? (Yes/No) --------
    11. Is line 3 at least 6 times line 1? (Yes/No) ---------
    12. Is line 7 at least 6 times line 1? (Yes/No) ---------
    *13. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 14 (Yes/No) --------
    14. Is line 9 at least 6 times line 1? (Yes/No) ---------
    15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ---------
    16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ---------
    17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ---------

                             Alternative II

    1. Sum of current cost estimates [total of all cost estimates shown 
in the eight paragraphs above] $---------
    2. Current bond rating of most recent issuance of this firm and name 
of rating service ---------
    3. Date of issuance of bond ---------
    4. Date of maturity of bond ---------

[[Page 164]]

    *5. Tangible net worth [if any portion of the cost estimates is 
included in ``total liabilities'' on your firm's financial statements, 
you may add the amount of that portion to this line] $---------
    *6. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $---------
    7. Is line 5 at least $10 million? (Yes/No) --------
    8. Is line 5 at least 6 times line 1? (Yes/No) --------
    *9. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 10 (Yes/No) --------
    10. Is line 6 at least 6 times line 1? (Yes/No) ---------
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 261.151(e) as such regulations were 
constituted on the date shown immediately below.
 [Signature]____________________________________________________________
 [Name]_________________________________________________________________
 [Title]________________________________________________________________

                                 [Date]

________________________________________________________________________

    (f) A letter from the chief financial officer, as specified in Sec. 
261.147(f) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted.

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [firm's name and address]. This 
letter is in support of the use of the financial test to demonstrate 
financial responsibility for liability coverage under Sec. 
261.147[insert ``and costs assured Sec. 261.143(e)'' if applicable] as 
specified in subpart H of 40 CFR part 261.
    [Fill out the following paragraphs regarding facilities and 
liability coverage. If there are no facilities that belong in a 
particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number (if any issued), name, 
and address].
    The firm identified above is the owner or operator of the following 
facilities for which liability coverage for [insert ``sudden'' or 
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences 
is being demonstrated through the financial test specified in subpart H 
of 40 CFR part 261:--------
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR part 261, liability coverage for 
[insert ``sudden'' or ``nonsudden'' or ``both sudden and nonsudden''] 
accidental occurrences at the following facilities owned or operated by 
the following: ---------. The firm identified above is [insert one or 
more: (1) The direct or higher-tier parent corporation of the owner or 
operator; (2) owned by the same parent corporation as the parent 
corporation of the owner or operator, and receiving the following value 
in consideration of this guarantee ---------; or (3) engaged in the 
following substantial business relationship with the owner or operator 
---------, and receiving the following value in consideration of this 
guarantee ---------]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    The firm identified above is the owner or operator of the following 
facilities for which liability coverage for [insert ``sudden'' or 
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences 
is being demonstrated through the financial test specified in subpart H 
of 40 CFR parts 264 and 265:--------
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR parts 264 and 265, liability coverage 
for [insert ``sudden'' or ``nonsudden'' or ``both sudden and 
nonsudden''] accidental occurrences at the following facilities owned or 
operated by the following: ----. The firm identified above is [insert 
one or more: (1) The direct or higher-tier parent corporation of the 
owner or operator; (2) owned by the same parent corporation as the 
parent corporation of the owner or operator, and receiving the following 
value in consideration of this guarantee ----; or (3) engaged in the 
following substantial business relationship with the owner or operator 
----, and receiving the following value in consideration of this 
guarantee ----]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    [If you are using the financial test to demonstrate coverage of both 
liability and costs assured under Sec. 261.143(e) or closure or post-
closure care costs under 40 CFR 264.143, 264.145, 265.143 or 265.145, 
fill in the following nine paragraphs regarding facilities and 
associated cost estimates. If there are no facilities that belong in a 
particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA identification number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility:--------.
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part

[[Page 165]]

261, the following facilities owned or operated by the guaranteed party. 
The current cost estimates so guaranteed are shown for each facility:--
------. The firm identified above is [insert one or more: (1) The direct 
or higher-tier parent corporation of the owner or operator; (2) owned by 
the same parent corporation as the parent corporation of the owner or 
operator, and receiving the following value in consideration of this 
guarantee--------, or (3) engaged in the following substantial business 
relationship with the owner or operator --------, and receiving the 
following value in consideration of this guarantee--------]. [Attach a 
written description of the business relationship or a copy of the 
contract establishing such relationship to this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 261, this firm, as owner or 
operator or guarantor, is demonstrating financial assurance for the 
following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H of 
40 CFR part 261. The current cost estimates covered by such a test are 
shown for each facility:--------.
    4. This firm is the owner or operator of the following hazardous 
secondary materials management facilities for which financial assurance 
is not demonstrated either to EPA or a State through the financial test 
or any other financial assurance mechanism specified in subpart H of 40 
CFR part 261 or equivalent or substantially equivalent State mechanisms. 
The current cost estimates not covered by such financial assurance are 
shown for each facility:--------.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility:--------.
    6. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: --------.
    7. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: --------. The firm identified 
above is [insert one or more: (1) The direct or higher-tier parent 
corporation of the owner or operator; (2) owned by the same parent 
corporation as the parent corporation of the owner or operator, and 
receiving the following value in consideration of this guarantee ------
--; or (3) engaged in the following substantial business relationship 
with the owner or operator --------, and receiving the following value 
in consideration of this guarantee --------].
    [Attach a written description of the business relationship or a copy 
of the contract establishing such relationship to this letter].
    8. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: --------.
    9. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure care, is not demonstrated 
either to EPA or a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. The 
current closure and/or post-closure cost estimates not covered by such 
financial assurance are shown for each facility: --------.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

          Part A. Liability Coverage for Accidental Occurrences

    [Fill in Alternative I if the criteria of paragraph (f)(1)(i) of 
Sec. 261.147 are used. Fill in Alternative II if the criteria of 
paragraph (f)(1)(ii) of Sec. 261.147 are used.]

                              Alternative I

    1. Amount of annual aggregate liability coverage to be demonstrated 
$---------.
    *2. Current assets $---------.
    *3. Current liabilities $---------.
    4. Net working capital (line 2 minus line 3) $---------.
    *5. Tangible net worth $---------.
    *6. If less than 90% of assets are located in the U.S., give total 
U.S. assets $---------.
    7. Is line 5 at least $10 million? (Yes/No) ---------.
    8. Is line 4 at least 6 times line 1? (Yes/No) ---------.
    9. Is line 5 at least 6 times line 1? (Yes/No) ---------.

[[Page 166]]

    *10. Are at least 90% of assets located in the U.S.? (Yes/No) ------
--. If not, complete line 11.
    11. Is line 6 at least 6 times line 1? (Yes/No) --------.

                             Alternative II

    1. Amount of annual aggregate liability coverage to be demonstrated 
$---------.
    2. Current bond rating of most recent issuance and name of rating 
service ------------------.
    3. Date of issuance of bond ------------------.
    4. Date of maturity of bond ------------------.
    *5. Tangible net worth $---------.
    *6. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $---------.
    7. Is line 5 at least $10 million? (Yes/No) ---------.
    8. Is line 5 at least 6 times line 1? ---------.
    9. Are at least 90% of assets located in the U.S.? If not, complete 
line 10. (Yes/No) ----.
    10. Is line 6 at least 6 times line 1? ---------.
    [Fill in part B if you are using the financial test to demonstrate 
assurance of both liability coverage and costs assured under Sec. 
261.143(e) or closure or post-closure care costs under 40 CFR 264.143, 
264.145, 265.143 or 265.145.]

              Part B. Facility Care and Liability Coverage

    [Fill in Alternative I if the criteria of paragraphs (e)(1)(i) of 
Sec. 261.143 and (f)(1)(i) of Sec. 261.147 are used. Fill in Alternative 
II if the criteria of paragraphs (e)(1)(ii) of Sec. 261.143 and 
(f)(1)(ii) of Sec. 261.147 are used.]

                              Alternative I

    1. Sum of current cost estimates (total of all cost estimates listed 
above) $---------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$---------
    3. Sum of lines 1 and 2 $--------
    *4. Total liabilities (if any portion of your cost estimates is 
included in your total liabilities, you may deduct that portion from 
this line and add that amount to lines 5 and 6) $---------
    *5. Tangible net worth $--------
    *6. Net worth $---------
    *7. Current assets $--------
    *8. Current liabilities $--------
    9. Net working capital (line 7 minus line 8) $--------
    *10. The sum of net income plus depreciation, depletion, and 
amortization $---------
    *11. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $--------
    12. Is line 5 at least $10 million? (Yes/No)
    13. Is line 5 at least 6 times line 3? (Yes/No)
    14. Is line 9 at least 6 times line 3? (Yes/No)
    *15. Are at least 90% of assets located in the U.S.? (Yes/No) If 
not, complete line 16.
    16. Is line 11 at least 6 times line 3? (Yes/No)
    17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
    18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
    19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)

                             Alternative II

    1. Sum of current cost estimates (total of all cost estimates listed 
above) $---------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$---------
    3. Sum of lines 1 and 2 $--------
    4. Current bond rating of most recent issuance and name of rating 
service -------------
    5. Date of issuance of bond --------------
    6. Date of maturity of bond --------------
    *7. Tangible net worth (if any portion of the cost estimates is 
included in ``total liabilities'' on your financial statements you may 
add that portion to this line) $---------
    *8. Total assets in the U.S. (required only if less than 90% of 
assets are located in the U.S.) $---------
    9. Is line 7 at least $10 million? (Yes/No)
    10. Is line 7 at least 6 times line 3? (Yes/No)
    *11. Are at least 90% of assets located in the U.S.? (Yes/No) If not 
complete line 12.
    12. Is line 8 at least 6 times line 3? (Yes/No)
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 261.151(f) as such regulations were 
constituted on the date shown immediately below.
 [Signature]____________________________________________________________
 [Name]_________________________________________________________________
 [Title]________________________________________________________________
 [Date]_________________________________________________________________
    (g)(1) A corporate guarantee, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                  Corporate Guarantee for Facility Care

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of the State of [insert 
name of State], herein referred to as guarantor. This guarantee is made 
on behalf of the [owner or operator] of [business address], which is 
[one of the following: ``our subsidiary''; ``a subsidiary of [name and 
address of common parent corporation], of which guarantor is a 
subsidiary''; or ``an entity with which guarantor has a substantial 
business relationship, as defined in 40 CFR

[[Page 167]]

264.141(h) and 265.141(h)'' to the United States Environmental 
Protection Agency (EPA).

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 261.143(e).
    2. [Owner or operator] owns or operates the following facility(ies) 
covered by this guarantee: [List for each facility: EPA Identification 
Number (if any issued), name, and address.
    3. ``Closure plans'' as used below refer to the plans maintained as 
required by subpart H of 40 CFR part 261 for the care of facilities as 
identified above.
    4. For value received from [owner or operator], guarantor guarantees 
that in the event of a determination by the Regional Administrator that 
the hazardous secondary materials at the owner or operator's facility 
covered by this guarantee do not meet the conditions of the exclusion 
under Sec. 261.4(a)(24), the guarantor will dispose of any hazardous 
secondary material as hazardous waste, and close the facility in 
accordance with closure requirements found in parts 264 or 265 of this 
chapter, as applicable, or establish a trust fund as specified in Sec. 
261.143(a) in the name of the owner or operator in the amount of the 
current cost estimate.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send within 90 days, by certified mail, 
notice to the EPA Regional Administrator(s) for the Region(s) in which 
the facility(ies) is(are) located and to [owner or operator] that he 
intends to provide alternate financial assurance as specified in subpart 
H of 40 CFR part 261, as applicable, in the name of [owner or operator]. 
Within 120 days after the end of such fiscal year, the guarantor shall 
establish such financial assurance unless [owner or operator] has done 
so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail, of a voluntary or involuntary proceeding under Title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding.
    7. Guarantor agrees that within 30 days after being notified by an 
EPA Regional Administrator of a determination that guarantor no longer 
meets the financial test criteria or that he is disallowed from 
continuing as a guarantor, he shall establish alternate financial 
assurance as specified in of 40 CFR parts 264, 265, or subpart H of 40 
CFR part 261, as applicable, in the name of [owner or operator] unless 
[owner or operator] has done so.
    8. Guarantor agrees to remain bound under this guarantee 
notwithstanding any or all of the following: amendment or modification 
of the closure plan, the extension or reduction of the time of 
performance, or any other modification or alteration of an obligation of 
the owner or operator pursuant to 40 CFR parts 264, 265, or Subpart H of 
40 CFR part 261.
    9. Guarantor agrees to remain bound under this guarantee for as long 
as [owner or operator] must comply with the applicable financial 
assurance requirements of 40 CFR parts 264 and 265 or the financial 
assurance condition of 40 CFR 261.4(a)(24)(vi)(F) for the above-listed 
facilities, except as provided in paragraph 10 of this agreement.
    10. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate coverage complying with 40 CFR 261.143.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]
    Guarantor may terminate this guarantee 120 days following the 
receipt of notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor agrees that if [owner or operator] fails to provide 
alternate financial assurance as specified in 40 CFR parts 264, 265, or 
subpart H of 40 CFR 261, as applicable, and obtain written approval of 
such assurance from the EPA Regional Administrator(s) within 90 days 
after a notice of cancellation by the guarantor is received by an EPA 
Regional Administrator from guarantor, guarantor shall provide such 
alternate financial assurance in the name of [owner or operator].
    12. Guarantor expressly waives notice of acceptance of this 
guarantee by the EPA or by [owner or operator]. Guarantor also expressly 
waives notice of amendments or modifications of the closure plan and of 
amendments or modifications of the applicable requirements of 40 CFR 
parts 264, 265, or subpart H of 40 CFR 261.
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(1) as such regulations were 
constituted on the date first above written.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________

[[Page 168]]

 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (2) A guarantee, as specified in Sec. 261.147(g) of this chapter, 
must be worded as follows, except that instructions in brackets are to 
be replaced with the relevant information and the brackets deleted:

                    Guarantee for Liability Coverage

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of [if incorporated within 
the United States insert ``the State of ---------'' and insert name of 
State; if incorporated outside the United States insert the name of the 
country in which incorporated, the principal place of business within 
the United States, and the name and address of the registered agent in 
the State of the principal place of business], herein referred to as 
guarantor. This guarantee is made on behalf of [owner or operator] of 
[business address], which is one of the following: ``our subsidiary;'' 
``a subsidiary of [name and address of common parent corporation], of 
which guarantor is a subsidiary;'' or ``an entity with which guarantor 
has a substantial business relationship, as defined in 40 CFR [either 
264.141(h) or 265.141(h)]'', to any and all third parties who have 
sustained or may sustain bodily injury or property damage caused by 
[sudden and/or nonsudden] accidental occurrences arising from operation 
of the facility(ies) covered by this guarantee.

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 261.147(g).
    2. [Owner or operator] owns or operates the following facility(ies) 
covered by this guarantee: [List for each facility: EPA identification 
number (if any issued), name, and address; and if guarantor is 
incorporated outside the United States list the name and address of the 
guarantor's registered agent in each State.] This corporate guarantee 
satisfies RCRA third-party liability requirements for [insert ``sudden'' 
or ``nonsudden'' or ``both sudden and nonsudden''] accidental 
occurrences in above-named owner or operator facilities for coverage in 
the amount of [insert dollar amount] for each occurrence and [insert 
dollar amount] annual aggregate.
    3. For value received from [owner or operator], guarantor guarantees 
to any and all third parties who have sustained or may sustain bodily 
injury or property damage caused by [sudden and/or nonsudden] accidental 
occurrences arising from operations of the facility(ies) covered by this 
guarantee that in the event that [owner or operator] fails to satisfy a 
judgment or award based on a determination of liability for bodily 
injury or property damage to third parties caused by [sudden and/or 
nonsudden] accidental occurrences, arising from the operation of the 
above-named facilities, or fails to pay an amount agreed to in 
settlement of a claim arising from or alleged to arise from such injury 
or damage, the guarantor will satisfy such judgment(s), award(s) or 
settlement agreement(s) up to the limits of coverage identified above.
    4. Such obligation does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement. This exclusion does not apply to 
liability for damages that [insert owner or operator] would be obligated 
to pay in the absence of the contract or agreement.
    (b) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert owner or operator] arising from, and in 
the course of, employment by [insert owner or operator]; or
    (2) The spouse, child, parent, brother, or sister of that employee 
as a consequence of, or arising from, and in the course of employment by 
[insert owner or operator]. This exclusion applies:
    (A) Whether [insert owner or operator] may be liable as an employer 
or in any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert owner or 
operator];
    (2) Premises that are sold, given away or abandoned by [insert owner 
or operator] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert owner or operator];
    (4) Personal property in the care, custody or control of [insert 
owner or operator];
    (5) That particular part of real property on which [insert owner or 
operator] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert owner or operator] are performing 
operations, if the property damage arises out of these operations.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send

[[Page 169]]

within 90 days, by certified mail, notice to the EPA Regional 
Administrator[s] for the Region[s] in which the facility[ies] is[are] 
located and to [owner or operator] that he intends to provide alternate 
liability coverage as specified in 40 CFR 261.147, as applicable, in the 
name of [owner or operator]. Within 120 days after the end of such 
fiscal year, the guarantor shall establish such liability coverage 
unless [owner or operator] has done so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail of a voluntary or involuntary proceeding under title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding. Guarantor agrees that within 30 
days after being notified by an EPA Regional Administrator of a 
determination that guarantor no longer meets the financial test criteria 
or that he is disallowed from continuing as a guarantor, he shall 
establish alternate liability coverage as specified in 40 CFR 261.147 in 
the name of [owner or operator], unless [owner or operator] has done so.
    7. Guarantor reserves the right to modify this agreement to take 
into account amendment or modification of the liability requirements set 
by 40 CFR 261.147, provided that such modification shall become 
effective only if a Regional Administrator does not disapprove the 
modification within 30 days of receipt of notification of the 
modification.
    8. Guarantor agrees to remain bound under this guarantee for so long 
as [owner or operator] must comply with the applicable requirements of 
40 CFR 261.147 for the above-listed facility(ies), except as provided in 
paragraph 10 of this agreement.
    9. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    10. Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate liability coverage complying with 40 CFR 261.147.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]:
    Guarantor may terminate this guarantee 120 days following receipt of 
notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor hereby expressly waives notice of acceptance of this 
guarantee by any party.
    12. Guarantor agrees that this guarantee is in addition to and does 
not affect any other responsibility or liability of the guarantor with 
respect to the covered facilities.
    13. The Guarantor shall satisfy a third-party liability claim only 
on receipt of one of the following documents:
    (a) Certification from the Principal and the third-party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Principal] and [insert name and 
address of third-party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Principal's] facility 
should be paid in the amount of $ .
 [Signatures]___________________________________________________________
 Principal______________________________________________________________
 (Notary) Date__________________________________________________________
 [Signatures]___________________________________________________________
 Claimant(s)____________________________________________________________
 (Notary) Date__________________________________________________________
    (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    14. In the event of combination of this guarantee with another 
mechanism to meet liability requirements, this guarantee will be 
considered [insert ``primary'' or ``excess''] coverage.
    I hereby certify that the wording of the guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(2) as such regulations were 
constituted on the date shown immediately below.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________
 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (h) A hazardous waste facility liability endorsement as required 
Sec. 261.147 must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Liability 
                               Endorsement

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering bodily 
injury and property damage in connection

[[Page 170]]

with the insured's obligation to demonstrate financial responsibility 
under 40 CFR 261.147. The coverage applies at [list EPA Identification 
Number (if any issued), name, and address for each facility] for [insert 
``sudden accidental occurrences,'' ``nonsudden accidental occurrences,'' 
or ``sudden and nonsudden accidental occurrences''; if coverage is for 
multiple facilities and the coverage is different for different 
facilities, indicate which facilities are insured for sudden accidental 
occurrences, which are insured for nonsudden accidental occurrences, and 
which are insured for both]. The limits of liability are [insert the 
dollar amount of the ``each occurrence'' and ``annual aggregate'' limits 
of the Insurer's liability], exclusive of legal defense costs.
    2. The insurance afforded with respect to such occurrences is 
subject to all of the terms and conditions of the policy; provided, 
however, that any provisions of the policy inconsistent with subsections 
(a) through (e) of this Paragraph 2 are hereby amended to conform with 
subsections (a) through (e):
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy to which this endorsement is 
attached.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply with respect to that amount of any deductible for which 
coverage is demonstrated as specified in 40 CFR 261.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of this endorsement, whether by the Insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the facility, 
will be effective only upon written notice and only after the expiration 
of 60 days after a copy of such written notice is received by the 
Regional Administrator(s) of the EPA Region(s) in which the 
facility(ies) is(are) located.
    (e) Any other termination of this endorsement will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    Attached to and forming part of policy No. ---- issued by [name of 
Insurer], herein called the Insurer, of [address of Insurer] to [name of 
insured] of [address] this ---------------- day of ----------------, 
19----. The effective date of said policy is ---------------- day of --
--------------, 19----.
    I hereby certify that the wording of this endorsement is identical 
to the wording specified in 40 CFR 261.151(h) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
    (i) A certificate of liability insurance as required in Sec. 
261.147 must be worded as follows, except that the instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

     Hazardous Secondary Material Reclamation/Intermediate Facility 
                   Certificate of Liability Insurance

    1. [Name of Insurer], (the ``Insurer''), of [address of Insurer] 
hereby certifies that it has issued liability insurance covering bodily 
injury and property damage to [name of insured], (the ``insured''), of 
[address of insured] in connection with the insured's obligation to 
demonstrate financial responsibility under 40 CFR parts 264, 265, and 
the financial assurance condition of 40 CFR 261.4(a)(24)(vi)(F). The 
coverage applies at [list EPA Identification Number (if any issued), 
name, and address for each facility] for [insert ``sudden accidental 
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and 
nonsudden accidental occurrences''; if coverage is for multiple 
facilities and the coverage is different for different facilities, 
indicate which facilities are insured for sudden accidental occurrences, 
which are insured for nonsudden accidental occurrences, and which are 
insured for both]. The limits of liability are [insert the dollar amount 
of the ``each occurrence'' and ``annual aggregate'' limits of the 
Insurer's liability], exclusive of legal defense costs. The coverage is 
provided under policy number, issued on [date]. The effective date of 
said policy is [date].
    2. The Insurer further certifies the following with respect to the 
insurance described in Paragraph 1:
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply

[[Page 171]]

with respect to that amount of any deductible for which coverage is 
demonstrated as specified in 40 CFR 261.147.
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of the insurance, whether by the insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the hazardous 
waste management facility, will be effective only upon written notice 
and only after the expiration of 60 days after a copy of such written 
notice is received by the Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (e) Any other termination of the insurance will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.

I hereby certify that the wording of this instrument is identical to the 
wording specified in 40 CFR 261.151(i) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
    (j) A letter of credit, as specified in Sec. 261.147(h) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                  Irrevocable Standby Letter of Credit

 Name and Address of Issuing Institution________________________________
 Regional Administrator(s)______________________________________________
 Region(s)______________________________________________________________
 U.S. Environmental Protection Agency___________________________________
    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ------------- in the favor of [''any and all third-
party liability claimants'' or insert name of trustee of the standby 
trust fund], at the request and for the account of [owner or operator's 
name and address] for third-party liability awards or settlements up to 
[in words] U.S. dollars $------------- per occurrence and the annual 
aggregate amount of [in words] U.S. dollars $----, for sudden accidental 
occurrences and/or for third-party liability awards or settlements up to 
the amount of [in words] U.S. dollars $------------- per occurrence, and 
the annual aggregate amount of [in words] U.S. dollars $-------------, 
for nonsudden accidental occurrences available upon presentation of a 
sight draft bearing reference to this letter of credit No. -------------
, and [insert the following language if the letter of credit is being 
used without a standby trust fund: (1) a signed certificate reading as 
follows:

                       Certificate of Valid Claim

    The undersigned, as parties [insert principal] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operations of [principal's] facility 
should be paid in the amount of $[ ]. We hereby certify that the claim 
does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert principal] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert principal].
    This exclusion applies:
    (A) Whether [insert principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert principal];
    (2) Premises that are sold, given away or abandoned by [insert 
principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert principal];
    (4) Personal property in the care, custody or control of [insert 
principal];
    (5) That particular part of real property on which [insert 
principal] or any contractors

[[Page 172]]

or subcontractors working directly or indirectly on behalf of [insert 
principal] are performing operations, if the property damage arises out 
of these operations.

 [Signatures]___________________________________________________________
 Grantor________________________________________________________________
 [Signatures]___________________________________________________________
 Claimant(s)____________________________________________________________

or (2) a valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.]
    This letter of credit is effective as of [date] and shall expire on 
[date at least one year later], but such expiration date shall be 
automatically extended for a period of [at least one year] on [date and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify you, the USEPA Regional Administrator 
for Region [Region], and [owner's or operator's name] by certified mail 
that we have decided not to extend this letter of credit beyond the 
current expiration date.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us.
    [Insert the following language if a standby trust fund is not being 
used: ``In the event that this letter of credit is used in combination 
with another mechanism for liability coverage, this letter of credit 
shall be considered [insert ``primary'' or ``excess'' coverage].''
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 261.151(j) 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''].
    (k) A surety bond, as specified in Sec. 261.147(i) of this chapter, 
must be worded as follows: except that instructions in brackets are to 
be replaced with the relevant information and the brackets deleted:

                              Payment Bond

Surety Bond No. [Insert number]
    Parties [Insert name and address of owner or operator], Principal, 
incorporated in [Insert State of incorporation] of [Insert city and 
State of principal place of business] and [Insert name and address of 
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place 
of business].
    EPA Identification Number (if any issued), name, and address for 
each facility guaranteed by this bond: ----

________________________________________________________________________
________________________________________________________________________

                                Nonsudden

                            Sudden accidental

                               accidental

                               occurrences

                               occurrences

________________________________________________________________________
________________________________________________________________________

 
 
 
Penal Sum Per Occurrence..............  [insert amount]....................  [insert amount]
Annual Aggregate......................  [insert amount]....................  [insert amount]
 

________________________________________________________________________
________________________________________________________________________

    Purpose: This is an agreement between the Surety(ies) and the 
Principal under which the Surety(ies), its(their) successors and 
assignees, agree to be responsible for the payment of claims against the 
Principal for bodily injury and/or property damage to third parties 
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences 
arising from operations of the facility or group of facilities in the 
sums prescribed herein; subject to the governing provisions and the 
following conditions.
    Governing Provisions:
    (1) Section 3004 of the Resource Conservation and Recovery Act of 
1976, as amended.
    (2) Rules and regulations of the U.S. Environmental Protection 
Agency (EPA), particularly 40 CFR parts 264, 265, and Subpart H of 40 
CFR part 261 (if applicable).
    (3) Rules and regulations of the governing State agency (if 
applicable) [insert citation].
    Conditions:
    (1) The Principal is subject to the applicable governing provisions 
that require the Principal to have and maintain liability coverage for 
bodily injury and property damage to third parties caused by [``sudden'' 
and/or ``nonsudden''] accidental occurrences arising from operations of 
the facility or group of facilities. Such obligation does not apply to 
any of the following:
    (a) Bodily injury or property damage for which [insert Principal] is 
obligated to pay

[[Page 173]]

damages by reason of the assumption of liability in a contract or 
agreement. This exclusion does not apply to liability for damages that 
[insert Principal] would be obligated to pay in the absence of the 
contract or agreement.
    (b) Any obligation of [insert Principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Principal]. This exclusion applies:
    (A) Whether [insert Principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Principal];
    (2) Premises that are sold, given away or abandoned by [insert 
Principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Principal];
    (4) Personal property in the care, custody or control of [insert 
Principal];
    (5) That particular part of real property on which [insert 
Principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert Principal] are performing operations, if 
the property damage arises out of these operations.
    (2) This bond assures that the Principal will satisfy valid third 
party liability claims, as described in condition 1.
    (3) If the Principal fails to satisfy a valid third party liability 
claim, as described above, the Surety(ies) becomes liable on this bond 
obligation.
    (4) The Surety(ies) shall satisfy a third party liability claim only 
upon the receipt of one of the following documents:
    (a) Certification from the Principal and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert name of Principal] and [insert 
name and address of third party claimant(s)], hereby certify that the 
claim of bodily injury and/or property damage caused by a [sudden or 
nonsudden] accidental occurrence arising from operating [Principal's] 
facility should be paid in the amount of $[ ].

    [Signature]
    Principal
    [Notary] Date
    [Signature(s)]
    Claimant(s)

    [Notary] Date
or (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    (5) In the event of combination of this bond with another mechanism 
for liability coverage, this bond will be considered [insert ``primary'' 
or ``excess''] coverage.
    (6) The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond. In no event shall the obligation of the Surety(ies) hereunder 
exceed the amount of said annual aggregate penal sum, provided that the 
Surety(ies) furnish(es) notice to the Regional Administrator forthwith 
of all claims filed and payments made by the Surety(ies) under this 
bond.
    (7) The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and the USEPA Regional 
Administrator for Region [Region ], provided, however, that cancellation 
shall not occur during the 120 days beginning on the date of receipt of 
the notice of cancellation by the Principal and the Regional 
Administrator, as evidenced by the return receipt.
    (8) The Principal may terminate this bond by sending written notice 
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    (9) The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules and regulations and agree(s) that no 
such amendment shall in any way alleviate its (their) obligation on this 
bond.
    (10) This bond is effective from [insert date] (12:01 a.m., standard 
time, at the address of the Principal as stated herein) and shall 
continue in force until terminated as described above.
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the

[[Page 174]]

Principal and Surety(ies) and that the wording of this surety bond is 
identical to the wording specified in 40 CFR 261.151(k), as such 
regulations were constituted on the date this bond was executed.

                                PRINCIPAL

[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]

                          CORPORATE SURETY[IES]

[Name and address]
 State of incorporation:________________________________________________
 Liability Limit: $_____________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
 Bond premium: $________________________________________________________
    (l)(1) A trust agreement, as specified in Sec. 261.147(j) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of --------'' or ``a national 
bank''], the ``trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator must demonstrate financial responsibility for bodily injury and 
property damage to third parties caused by sudden accidental and/or 
nonsudden accidental occurrences arising from operations of the facility 
or group of facilities.
    Whereas, the Grantor has elected to establish a trust to assure all 
or part of such financial responsibility for the facilities identified 
herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number (if any issued), name, 
and address of the facility(ies) and the amount of liability coverage, 
or portions thereof, if more than one instrument affords combined 
coverage as demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, hereinafter the ``Fund,'' for the benefit of any 
and all third parties injured or damaged by [sudden and/or nonsudden] 
accidental occurrences arising from operation of the facility(ies) 
covered by this guarantee, in the amounts of ---------[up to $1 million] 
per occurrence and [up to $2 million] annual aggregate for sudden 
accidental occurrences and -------- [up to $3 million] per occurrence 
and ---------[up to $6 million] annual aggregate for nonsudden 
occurrences, except that the Fund is not established for the benefit of 
third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor]. This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];

[[Page 175]]

    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the Fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the property, 
which is acceptable to the Trustee, described in Schedule B attached 
hereto. Such property and any other property subsequently transferred to 
the Trustee is referred to as the Fund, together with all earnings and 
profits thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the Trustee, IN 
TRUST, as hereinafter provided. The Trustee shall not be responsible nor 
shall it undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by making payments from the 
Fund only upon receipt of one of the following documents;
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] facility or 
group of facilities should be paid in the amount of $[ ].

                              [Signatures]

                                 Grantor

                              [Signatures]

                               Claimant(s)

    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstance then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common commingled, or collective trust fund created by the 
Trustee in which the fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:

[[Page 176]]

    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuations. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendments to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder

[[Page 177]]

has occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or EPA, 
except as provided for herein.
    Section 15. Notice of Nonpayment. If a payment for bodily injury or 
property damage is made under Section 4 of this trust, the Trustee shall 
notify the Grantor of such payment and the amount(s) thereof within five 
(5) working days. The Grantor shall, on or before the anniversary date 
of the establishment of the Fund following such notice, either make 
payments to the Trustee in amounts sufficient to cause the trust to 
return to its value immediately prior to the payment of claims under 
Section 4, or shall provide written proof to the Trustee that other 
financial assurance for liability coverage has been obtained equaling 
the amount necessary to return the trust to its value prior to the 
payment of claims. If the Grantor does not either make payments to the 
Trustee or provide the Trustee with such proof, the Trustee shall within 
10 working days after the anniversary date of the establishment of the 
Fund provide a written notice of nonpayment to the EPA Regional 
Administrator.
    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternate financial assurance as 
specified in this section.
    Section 18. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 20. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(l) as 
such regulations were constituted on the date first above written.

                         [Signature of Grantor]

                                 [Title]

Attest:

                                 [Title]

                                 [Seal]

                         [Signature of Trustee]

Attest:

                                 [Title]

                                 [Seal]

    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a trust 
fund as specified in Sec. 261.147(j) of this chapter. State requirements 
may differ on the proper
 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]

    (m)(1) A standby trust agreement, as specified in Sec. 261.147(h) 
of this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

[[Page 178]]

                         Standby Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of a State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of ----------------'' or ``a 
national bank''], the ``trustee.''
    Whereas the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator must demonstrate financial responsibility for bodily injury and 
property damage to third parties caused by sudden accidental and/or 
nonsudden accidental occurrences arising from operations of the facility 
or group of facilities.
    Whereas, the Grantor has elected to establish a standby trust into 
which the proceeds from a letter of credit may be deposited to assure 
all or part of such financial responsibility for the facilities 
identified herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term Grantor means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term Trustee means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This Agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number (if any issued), name, 
and address of the facility(ies) and the amount of liability coverage, 
or portions thereof, if more than one instrument affords combined 
coverage as demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a standby trust fund, hereafter the ``Fund,'' for the benefit 
of any and all third parties injured or damaged by [sudden and/or 
nonsudden] accidental occurrences arising from operation of the 
facility(ies) covered by this guarantee, in the amounts of ---------[up 
to $1 million] per occurrence and ---------[up to $2 million] annual 
aggregate for sudden accidental occurrences and ---------[up to $3 
million] per occurrence and ---------[up to $6 million] annual aggregate 
for nonsudden occurrences, except that the Fund is not established for 
the benefit of third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor].
    This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned by [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the Fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the proceeds of 
the letter of credit deposited into the Fund. Such proceeds and any 
other property subsequently transferred to the Trustee is referred to as 
the Fund, together with all earnings and profits thereon, less any 
payments or distributions made by the Trustee pursuant to this 
Agreement. The Fund shall be held by the Trustee, IN TRUST, as 
hereinafter provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor, any payments necessary to discharge any 
liabilities of the Grantor established by EPA.

[[Page 179]]

    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by drawing on the letter of 
credit described in Schedule B and by making payments from the Fund only 
upon receipt of one of the following documents:
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] facility should 
be paid in the amount of $[ ]
 [Signature]____________________________________________________________

 Grantor________________________________________________________________

 [Signatures]___________________________________________________________

 Claimant(s)____________________________________________________________

    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of the proceeds from the letter of 
credit drawn upon by the Trustee in accordance with the requirements of 
40 CFR 261.151(k) and Section 4 of this Agreement.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
Section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstances then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or a State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve Bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;

[[Page 180]]

    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements to the 
Trustee shall be paid from the Fund.
    Section 10. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 11. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 12. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator and the present Trustee by certified mail 
10 days before such change becomes effective. Any expenses incurred by 
the Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.
    Section 13. Instructions to the Trustee. All orders, requests, 
certifications of valid claims, and instructions to the Trustee shall be 
in writing, signed by such persons as are designated in the attached 
Exhibit A or such other designees as the Grantor may designate by 
amendments to Exhibit A. The Trustee shall be fully protected in acting 
without inquiry in accordance with the Grantor's orders, requests, and 
instructions. The Trustee shall have the right to assume, in the absence 
of written notice to the contrary, that no event constituting a change 
or a termination of the authority of any person to act on behalf of the 
Grantor or the EPA Regional Administrator hereunder has occurred. The 
Trustee shall have no duty to act in the absence of such orders, 
requests, and instructions from the Grantor and/or EPA, except as 
provided for herein.
    Section 14. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
EPA Regional Administrator, or by the Trustee and the EPA Regional 
Administrator if the Grantor ceases to exist.
    Section 15. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 14, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be paid to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternative financial assurance 
as specified in this section.
    Section 16. Immunity and indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor and the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses 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 [enter 
name of State].
    Section 18. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation of the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their

[[Page 181]]

corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(m) as 
such regulations were constituted on the date first above written.

                         [Signature of Grantor]

                                 [Title]

Attest:

                                 [Title]

                                 [Seal]

                         [Signature of Trustee]

Attest:

                                 [Title]

                                 [Seal]

    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a standby 
trust fund as specified in section 261.147(h) of this chapter. State 
requirements may differ on the proper content of this acknowledgement.

 State of_______________________________________________________________

 County of______________________________________________________________

    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/ 
his name thereto by like order.

                      [Signature of Notary Public]



      Sec. Appendix I to Part 261--Representative Sampling Methods

    The methods and equipment used for sampling waste materials will 
vary with the form and consistency of the waste materials to be sampled. 
Samples collected using the sampling protocols listed below, for 
sampling waste with properties similar to the indicated materials, will 
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered 
material--ASTM Standard D346-75 Soil or rock-like material--ASTM 
Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are 
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid waste--``COLIWASA.''
Liquid waste in pits, ponds, lagoons, and similar reservoirs--``Pond 
Sampler.''
    This manual also contains additional information on application of 
these protocols.

[45 FR 33119, May 19, 1980, as amended at 70 FR 34562, June 14, 2005]



                 Sec. Appendix II to Part 261 [Reserved]



                Sec. Appendix III to Part 261 [Reserved]



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



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



      Sec. Appendix VI to Part 261 [Reserved for Etiologic Agents]



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

------------------------------------------------------------------------
                                     Hazardous constituents for which
     EPA hazardous waste No.                      listed
------------------------------------------------------------------------
F001............................  Tetrachloroethylene, methylene
                                   chloride trichloroethylene, 1,1,1-
                                   trichloroethane, carbon
                                   tetrachloride, chlorinated
                                   fluorocarbons.
F002............................  Tetrachloroethylene, methylene
                                   chloride, trichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, chlorobenzene, 1,1,2-
                                   trichloro-1,2,2-trifluoroethane,
                                   ortho-dichlorobenzene,
                                   trichlorofluoromethane.
F003............................  N.A.
F004............................  Cresols and cresylic acid,
                                   nitrobenzene.
F005............................  Toluene, methyl ethyl ketone, carbon
                                   disulfide, isobutanol, pyridine, 2-
                                   ethoxyethanol, benzene, 2-
                                   nitropropane.
F006............................  Cadmium, hexavalent chromium, nickel,
                                   cyanide (complexed).
F007............................  Cyanide (salts).
F008............................  Cyanide (salts).
F009............................  Cyanide (salts).
F010............................  Cyanide (salts).
F011............................  Cyanide (salts).
F012............................  Cyanide (complexed).
F019............................  Hexavalent chromium, cyanide
                                   (complexed).
F020............................  Tetra- and pentachlorodibenzo-p-
                                   dioxins; tetra and pentachlorodi-
                                   benzofurans; tri- and
                                   tetrachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F021............................  Penta- and hexachlorodibenzo-p-
                                   dioxins; penta- and
                                   hexachlorodibenzofurans;
                                   pentachlorophenol and its
                                   derivatives.
F022............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F023............................  Tetra-, and pentachlorodibenzo-p-
                                   dioxins; tetra- and
                                   pentachlorodibenzofurans; tri- and
                                   tetra chlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.

[[Page 182]]

 
F024............................  Chloromethane, dichloromethane,
                                   trichloromethane, carbon
                                   tetrachloride, chloroethylene, 1,1-
                                   dichloroethane, 1,2-dichloroethane,
                                   trans-1-2-dichloroethylene, 1,1-
                                   dichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, trichloroethylene,
                                   1,1,1,2-tetra-chloroethane, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene,
                                   pentachloroethane, hexachloroethane,
                                   allyl chloride (3-chloropropene),
                                   dichloropropane, dichloropropene, 2-
                                   chloro-1,3-butadiene, hexachloro-1,3-
                                   butadiene, hexachlorocyclopentadiene,
                                   hexachlorocyclohexane, benzene,
                                   chlorbenzene, dichlorobenzenes, 1,2,4-
                                   trichlorobenzene, tetrachlorobenzene,
                                   pentachlorobenzene,
                                   hexachlorobenzene, toluene,
                                   naphthalene.
F025............................  Chloromethane; Dichloromethane;
                                   Trichloromethane; Carbon
                                   tetrachloride; Chloroethylene; 1,1-
                                   Dichloroethane; 1,2-Dichloroethane;
                                   trans-1,2-Dichloroethylene; 1,1-
                                   Dichloroethylene; 1,1,1-
                                   Trichloroethane; 1,1,2-
                                   Trichloroethane; Trichloroethylene;
                                   1,1,1,2-Tetrachloroethane; 1,1,2,2-
                                   Tetrachloroethane;
                                   Tetrachloroethylene;
                                   Pentachloroethane; Hexachloroethane;
                                   Allyl chloride (3-Chloropropene);
                                   Dichloropropane; Dichloropropene; 2-
                                   Chloro-1,3-butadiene; Hexachloro-1,3-
                                   butadiene; Hexachlorocyclopentadiene;
                                   Benzene; Chlorobenzene;
                                   Dichlorobenzene; 1,2,4-Tri
                                   chlorobenzene; Tetrachlorobenzene;
                                   Pentachlorobenzene;
                                   Hexachlorobenzene; Toluene;
                                   Naphthalene.
F026............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F027............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F028............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F032............................  Benz(a)anthracene, benzo(a)pyrene,
                                   dibenz(a,h)-anthracene, indeno(1,2,3-
                                   cd)pyrene, pentachlorophenol,
                                   arsenic, chromium, tetra-, penta-,
                                   hexa-, heptachlorodibenzo-p-dioxins,
                                   tetra-, penta-, hexa-,
                                   heptachlorodibenzofurans.
F034............................  Benz(a)anthracene,
                                   benzo(k)fluoranthene, benzo(a)pyrene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene, naphthalene, arsenic,
                                   chromium.
F035............................  Arsenic, chromium, lead.
F037............................  Benzene, benzo(a)pyrene, chrysene,
                                   lead, chromium.
F038............................  Benzene, benzo(a)pyrene, chrysene,
                                   lead, chromium.
F039............................  All constituents for which treatment
                                   standards are specified for multi-
                                   source leachate (wastewaters and
                                   nonwastewaters) under 40 CFR 268.43,
                                   Table CCW.
K001............................  Pentachlorophenol, phenol, 2-
                                   chlorophenol, p-chloro-m-cresol, 2,4-
                                   dimethylphenyl, 2,4-dinitrophenol,
                                   trichlorophenols, tetrachlorophenols,
                                   2,4-dinitrophenol, creosote,
                                   chrysene, naphthalene, fluoranthene,
                                   benzo(b)fluoranthene, benzo(a)pyrene,
                                   indeno(1,2,3-cd)pyrene,
                                   benz(a)anthracene,
                                   dibenz(a)anthracene, acenaphthalene.
K002............................  Hexavalent chromium, lead
K003............................  Hexavalent chromium, lead.
K004............................  Hexavalent chromium.
K005............................  Hexavalent chromium, lead.
K006............................  Hexavalent chromium.
K007............................  Cyanide (complexed), hexavalent
                                   chromium.
K008............................  Hexavalent chromium.
K009............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid.
K010............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid,
                                   chloroacetaldehyde.
K011............................  Acrylonitrile, acetonitrile,
                                   hydrocyanic acid.
K013............................  Hydrocyanic acid, acrylonitrile,
                                   acetonitrile.
K014............................  Acetonitrile, acrylamide.
K015............................  Benzyl chloride, chlorobenzene,
                                   toluene, benzotrichloride.
K016............................  Hexachlorobenzene,
                                   hexachlorobutadiene, carbon
                                   tetrachloride, hexachloroethane,
                                   perchloroethylene.
K017............................  Epichlorohydrin, chloroethers
                                   [bis(chloromethyl) ether and bis (2-
                                   chloroethyl) ethers],
                                   trichloropropane, dichloropropanols.
K018............................  1,2-dichloroethane, trichloroethylene,
                                   hexachlorobutadiene,
                                   hexachlorobenzene.
K019............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K020............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K021............................  Antimony, carbon tetrachloride,
                                   chloroform.
K022............................  Phenol, tars (polycyclic aromatic
                                   hydrocarbons).
K023............................  Phthalic anhydride, maleic anhydride.
K024............................  Phthalic anhydride, 1,4-
                                   naphthoquinone.
K025............................  Meta-dinitrobenzene, 2,4-
                                   dinitrotoluene.
K026............................  Paraldehyde, pyridines, 2-picoline.
K027............................  Toluene diisocyanate, toluene-2, 4-
                                   diamine.
K028............................  1,1,1-trichloroethane, vinyl chloride.
K029............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, vinyl chloride,
                                   vinylidene chloride, chloroform.
K030............................  Hexachlorobenzene,
                                   hexachlorobutadiene,
                                   hexachloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane, ethylene
                                   dichloride.
K031............................  Arsenic.
K032............................  Hexachlorocyclopentadiene.
K033............................  Hexachlorocyclopentadiene.
K034............................  Hexachlorocyclopentadiene.
K035............................  Creosote, chrysene, naphthalene,
                                   fluoranthene benzo(b) fluoranthene,
                                   benzo(a)pyrene, indeno(1,2,3-cd)
                                   pyrene, benzo(a)anthracene,
                                   dibenzo(a)anthracene, acenaphthalene.
K036............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.
K037............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.

[[Page 183]]

 
K038............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K039............................  Phosphorodithioic and phosphorothioic
                                   acid esters.
K040............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K041............................  Toxaphene.
K042............................  Hexachlorobenzene, ortho-
                                   dichlorobenzene.
K043............................  2,4-dichlorophenol, 2,6-
                                   dichlorophenol, 2,4,6-
                                   trichlorophenol.
K044............................  N.A.
K045............................  N.A.
K046............................  Lead.
K047............................  N.A.
K048............................  Hexavalent chromium, lead.
K049............................  Hexavalent chromium, lead.
K050............................  Hexavalent chromium.
K051............................  Hexavalent chromium, lead.
K052............................  Lead.
K060............................  Cyanide, napthalene, phenolic
                                   compounds, arsenic.
K061............................  Hexavalent chromium, lead, cadmium.
K062............................  Hexavalent chromium, lead.
K064............................  Lead, cadmium.
K065............................   Do.
K066............................   Do.
K069............................  Hexavalent chromium, lead, cadmium.
K071............................  Mercury.
K073............................  Chloroform, carbon tetrachloride,
                                   hexachloroethane, trichloroethane,
                                   tetrachloroethylene,
                                   dichloroethylene, 1,1,2,2-
                                   tetrachloroethane.
K083............................  Aniline, diphenylamine, nitrobenzene,
                                   phenylenediamine.
K084............................  Arsenic.
K085............................  Benzene, dichlorobenzenes,
                                   trichlorobenzenes,
                                   tetrachlorobenzenes,
                                   pentachlorobenzene,
                                   hexachlorobenzene, benzyl chloride.
K086............................  Lead, hexavalent chromium.
K087............................  Phenol, naphthalene.
K088............................  Cyanide (complexes).
K090............................  Chromium.
K091............................   Do.
K093............................  Phthalic anhydride, maleic anhydride.
K094............................  Phthalic anhydride.
K095............................  1,1,2-trichloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane.
K096............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane.
K097............................  Chlordane, heptachlor.
K098............................  Toxaphene.
K099............................  2,4-dichlorophenol, 2,4,6-
                                   trichlorophenol.
K100............................  Hexavalent chromium, lead, cadmium.
K101............................  Arsenic.
K102............................  Arsenic.
K103............................  Aniline, nitrobenzene,
                                   phenylenediamine.
K104............................  Aniline, benzene, diphenylamine,
                                   nitrobenzene, phenylenediamine.
K105............................  Benzene, monochlorobenzene,
                                   dichlorobenzenes, 2,4,6-
                                   trichlorophenol.
K106............................  Mercury.
K107............................  1,1-Dimethylhydrazine (UDMH).
K108............................  1,1-Dimethylhydrazine (UDMH).
K109............................  1,1-Dimethylhydrazine (UDMH).
K110............................  1,1-Dimethylhydrazine (UDMH).
K111............................  2,4-Dinitrotoluene.
K112............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K113............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K114............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine.
K115............................  2,4-Toluenediamine.
K116............................  Carbon tetrachloride,
                                   tetrachloroethylene, chloroform,
                                   phosgene.
K117............................  Ethylene dibromide.
K118............................  Ethylene dibromide.
K123............................  Ethylene thiourea.
K124............................  Ethylene thiourea.
K125............................  Ethylene thiourea.
K126............................  Ethylene thiourea.
K131............................  Dimethyl sulfate, methyl bromide.
K132............................  Methyl bromide.
K136............................  Ethylene dibromide.
K141............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K142............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K143............................  Benzene, benz(a)anthracene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene.
K144............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene.
K145............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene,
                                   dibenz(a,h)anthracene, naphthalene.
K147............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K148............................  Benz(a)anthracene, benzo(a)pyrene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K149............................  Benzotrichloride, benzyl chloride,
                                   chloroform, chloromethane,
                                   chlorobenzene, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, toluene.
K150............................  Carbon tetrachloride, chloroform,
                                   chloromethane, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene, 1,2,4-
                                   trichlorobenzene.
K151............................  Benzene, carbon tetrachloride,
                                   chloroform, hexachlorobenzene,
                                   pentachlorobenzene, toluene, 1,2,4,5-
                                   tetrachlorobenzene,
                                   tetrachloroethylene.
K156............................  Benomyl, carbaryl, carbendazim,
                                   carbofuran, carbosulfan,
                                   formaldehyde, methylene chloride,
                                   triethylamine.
K157............................  Carbon tetrachloride, formaldehyde,
                                   methyl chloride, methylene chloride,
                                   pyridine, triethylamine.
K158............................  Benomyl, carbendazim, carbofuran,
                                   carbosulfan, chloroform, methylene
                                   chloride.
K159............................  Benzene, butylate, eptc, molinate,
                                   pebulate, vernolate.
K161............................  Antimony, arsenic, metam-sodium,
                                   ziram.
K169............................  Benzene.
K170............................  Benzo(a)pyrene, dibenz(a,h)anthracene,
                                   benzo (a) anthracene, benzo
                                   (b)fluoranthene,
                                   benzo(k)fluoranthene, 3-
                                   methylcholanthrene, 7, 12-
                                   dimethylbenz(a)anthracene.
K171............................  Benzene, arsenic.
K172............................  Benzene, arsenic.

[[Page 184]]

 
K174............................  1,2,3,4,6,7,8-Heptachlorodibenzo-p-
                                   dioxin (1,2,3,4,6,7,8-HpCDD),
                                   1,2,3,4,6,7,8-Heptachlorodibenzofuran
                                   (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
                                   Heptachlorodibenzofuran
                                   (1,2,3,6,7,8,9-HpCDF), HxCDDs (All
                                   Hexachlorodibenzo-p-dioxins), HxCDFs
                                   (All Hexachlorodibenzofurans), PeCDDs
                                   (All Pentachlorodibenzo-p-dioxins),
                                   OCDD (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzo-p-dioxin, OCDF
                                   (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzofuran), PeCDFs (All
                                   Pentachlorodibenzofurans), TCDDs (All
                                   tetrachlorodi-benzo-p-dioxins), TCDFs
                                   (All tetrachlorodibenzofurans).
K175............................  Mercury
K176............................  Arsenic, Lead.
K177............................  Antimony.
K178............................  Thallium.
K181............................  Aniline, o-anisidine, 4-chloroaniline,
                                   p-cresidine, 2,4-dimethylaniline, 1,2-
                                   phenylenediamine, 1,3-
                                   phenylenediamine.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
  characteristic of ignitability, corrosivity, or reactivity.


[46 FR 4619, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Appendix 
VII, part 261, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.

            Appendix VIII to Part 261--Hazardous Constituents

----------------------------------------------------------------------------------------------------------------
                                                                                       Chemical       Hazardous
                Common name                        Chemical abstracts name          abstracts No.     waste No.
----------------------------------------------------------------------------------------------------------------
A2213......................................  Ethanimidothioic acid, 2-                   30558-43-1         U394
                                              (dimethylamino) -N-hydroxy-2-oxo-,
                                              methyl ester.
Acetonitrile...............................  Same...............................            75-05-8         U003
Acetophenone...............................  Ethanone, 1-phenyl-................            98-86-2         U004
2-Acetylaminefluarone......................  Acetamide, N-9H-fluoren-2-yl-......            53-96-3         U005
Acetyl chloride............................  Same...............................            75-36-5         U006
1-Acetyl-2-thiourea........................  Acetamide, N-(aminothioxomethyl)-..           591-08-2         P002
Acrolein...................................  2-Propenal.........................           107-02-8         P003
Acrylamide.................................  2-Propenamide......................            79-06-1         U007
Acrylonitrile..............................  2-Propenenitrile...................           107-13-1         U009
Aflatoxins.................................  Same...............................          1402-68-2  ...........
Aldicarb...................................  Propanal, 2-methyl-2-(methylthio)-,           116-06-3         P070
                                              O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone...........................  Propanal, 2-methyl-2-                        1646-88-4         P203
                                              (methylsulfonyl) -, O-
                                              [(methylamino) carbonyl] oxime.
Aldrin.....................................  1,4,5,8-Dimethanonaphthalene,                 309-00-2         P004
                                              1,2,3,4,10,10-10-hexachloro-
                                              1,4,4a,5,8,8a-hexahydro-,
                                              (1alpha,4alpha,4abeta,5alpha,8alph
                                              a, 8abeta)-.
Allyl alcohol..............................  2-Propen-1-ol......................           107-18-6         P005
Allyl chloride.............................  1-Propane, 3-chloro................           107-05-1  ...........
Aluminum phosphide.........................  Same...............................         20859-73-8         P006
4-Aminobiphenyl............................  [1,1'-Biphenyl]-4-amine............            92-67-1  ...........
5-(Aminomethyl)-3-isoxazolol...............  3(2H)-Isoxazolone, 5-(aminomethyl)-          2763-96-4         P007
4-Aminopyridine............................  4-Pyridinamine.....................           504-24-5         P008
Amitrole...................................  1H-1,2,4-Triazol-3-amine...........            61-82-5         U011
Ammonium vanadate..........................  Vanadic acid, ammonium salt........          7803-55-6         P119
Aniline....................................  Benzenamine........................            62-53-3         U012
o-Anisidine (2-methoxyaniline).............  Benzenamine, 2-Methoxy-............            90-04-0  ...........
Antimony...................................  Same...............................          7440-36-0  ...........
Antimony compounds, N.O.S. \1\.............  ...................................  .................  ...........
Aramite....................................  Sulfurous acid, 2-chloroethyl 2-[4-           140-57-8  ...........
                                              (1,1-dimethylethyl)phenoxy]-1-
                                              methylethyl ester.
Arsenic....................................  Same...............................          7440-38-2  ...........
Arsenic compounds, N.O.S. \1\..............  ...................................  .................  ...........
Arsenic acid...............................  Arsenic acid H3 AsO4...............          7778-39-4         P010
Arsenic pentoxide..........................  Arsenic oxide As2 O5...............          1303-28-2         P011
Arsenic trioxide...........................  Arsenic oxide As2 O3...............          1327-53-3         P012
Auramine...................................  Benzenamine, 4,4'-                            492-80-8         U014
                                              carbonimidoylbis[N,N-dimethyl.
Azaserine..................................  L-Serine, diazoacetate (ester).....           115-02-6         U015
Barban.....................................  Carbamic acid, (3-chlorophenyl) -,            101-27-9         U280
                                              4-chloro-2-butynyl ester.
Barium.....................................  Same...............................          7440-39-3  ...........
Barium compounds, N.O.S. \1\...............  ...................................  .................  ...........
Barium cyanide.............................  Same...............................           542-62-1         P013

[[Page 185]]

 
Bendiocarb.................................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22781-23-3         U278
                                              , methyl carbamate.
Bendiocarb phenol..........................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22961-82-6         U364
                                              ,.
Benomyl....................................  Carbamic acid, [1- [(butylamino)            17804-35-2         U271
                                              carbonyl]- 1H-benzimidazol-2-yl] -
                                              , methyl ester.
Benz[c]acridine............................  Same...............................           225-51-4         U016
Benz[a]anthracene..........................  Same...............................            56-55-3         U018
Benzal chloride............................  Benzene, (dichloromethyl)-.........            98-87-3         U017
Benzene....................................  Same...............................            71-43-2         U019
Benzenearsonic acid........................  Arsonic acid, phenyl-..............            98-05-5  ...........
Benzidine..................................  [1,1'-Biphenyl]-4,4 '-diamine......            92-87-5         U021
Benzo[b]fluoranthene.......................  Benz[e]acephenanthrylene...........           205-99-2  ...........
Benzo[j]fluoranthene.......................  Same...............................           205-82-3  ...........
Benzo(k)fluoranthene.......................  Same...............................           207-08-9  ...........
Benzo[a]pyrene.............................  Same...............................            50-32-8         U022
p-Benzoquinone.............................  2,5-Cyclohexadiene-1,4-dione.......           106-51-4         U197
Benzotrichloride...........................  Benzene, (trichloromethyl)-........            98-07-7         U023
Benzyl chloride............................  Benzene, (chloromethyl)-...........           100-44-7         P028
Beryllium powder...........................  Same...............................          7440-41-7         P015
Beryllium compounds, N.O.S. \1\............  ...................................  .................  ...........
Bis(pentamethylene)-thiuram tetrasulfide...  Piperidine, 1,1'-                             120-54-7  ...........
                                              (tetrathiodicarbonothioyl)-bis-.
Bromoacetone...............................  2-Propanone, 1-bromo-..............           598-31-2         P017
Bromoform..................................  Methane, tribromo-.................            75-25-2         U225
4-Bromophenyl phenyl ether.................  Benzene, 1-bromo-4-phenoxy-........           101-55-3         U030
Brucine....................................  Strychnidin-10-one, 2,3-dimethoxy-.           357-57-3         P018
Butyl benzyl phthalate.....................  1,2-Benzenedicarboxylic acid, butyl            85-68-7  ...........
                                              phenylmethyl ester.
Butylate...................................  Carbamothioic acid, bis(2-                   2008-41-5  ...........
                                              methylpropyl)-, S-ethyl ester.
Cacodylic acid.............................  Arsinic acid, dimethyl-............            75-60-5         U136
Cadmium....................................  Same...............................          7440-43-9  ...........
Cadmium compounds, N.O.S. \1\..............  ...................................  .................  ...........
Calcium chromate...........................  Chromic acid H2 CrO4, calcium salt.         13765-19-0         U032
Calcium cyanide............................  Calcium cyanide Ca(CN)2............           592-01-8         P021
Carbaryl...................................  1-Naphthalenol, methylcarbamate....            63-25-2         U279
Carbendazim................................  Carbamic acid, 1H-benzimidazol-2-           10605-21-7         U372
                                              yl, methyl ester.
Carbofuran.................................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-66-2         P127
                                              dimethyl-, methylcarbamate.
Carbofuran phenol..........................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-38-8         U367
                                              dimethyl-.
Carbon disulfide...........................  Same...............................            75-15-0         P022
Carbon oxyfluoride.........................  Carbonic difluoride................           353-50-4         U033
Carbon tetrachloride.......................  Methane, tetrachloro-..............            56-23-5         U211
Carbosulfan................................  Carbamic acid, [(dibutylamino)              55285-14-8         P189
                                              thio] methyl-, 2,3-dihydro-2,2-
                                              dimethyl-7-benzofuranyl ester.
Chloral....................................  Acetaldehyde, trichloro-...........            75-87-6         U034
Chlorambucil...............................  Benzenebutanoic acid, 4-[bis(2-               305-03-3         U035
                                              chloroethyl)amino]-.
Chlordane..................................  4,7-Methano-1H-indene,                         57-74-9         U036
                                              1,2,4,5,6,7,8,8-octachloro-
                                              2,3,3a,4,7,7a-hexahydro-.
Chlordane (alpha and gamma isomers)........  ...................................  .................         U036
Chlorinated benzenes, N.O.S. \1\...........  ...................................  .................  ...........
Chlorinated ethane, N.O.S. \1\.............  ...................................  .................  ...........
Chlorinated fluorocarbons, N.O.S. \1\......  ...................................  .................  ...........
Chlorinated naphthalene, N.O.S. \1\........  ...................................  .................  ...........
Chlorinated phenol, N.O.S. \1\.............  ...................................  .................  ...........
Chlornaphazin..............................  Naphthalenamine, N,N'-bis(2-                  494-03-1         U026
                                              chloroethyl)-.
Chloroacetaldehyde.........................  Acetaldehyde, chloro-..............           107-20-0         P023
Chloroalkyl ethers, N.O.S. \1\.............  ...................................  .................  ...........
p-Chloroaniline............................  Benzenamine, 4-chloro-.............           106-47-8         P024
Chlorobenzene..............................  Benzene, chloro-...................           108-90-7         U037
Chlorobenzilate............................  Benzeneacetic acid, 4-chloro-alpha-           510-15-6         U038
                                              (4-chlorophenyl)-alpha-hydroxy-,
                                              ethyl ester.
p-Chloro-m-cresol..........................  Phenol, 4-chloro-3-methyl-.........            59-50-7         U039
2-Chloroethyl vinyl ether..................  Ethene, (2-chloroethoxy)-..........           110-75-8         U042
Chloroform.................................  Methane, trichloro-................            67-66-3         U044
Chloromethyl methyl ether..................  Methane, chloromethoxy-............           107-30-2         U046
beta-Chloronaphthalene.....................  Naphthalene, 2-chloro-.............            91-58-7         U047
o-Chlorophenol.............................  Phenol, 2-chloro-..................            95-57-8         U048
1-(o-Chlorophenyl)thiourea.................  Thiourea, (2-chlorophenyl)-........          5344-82-1         P026
Chloroprene................................  1,3-Butadiene, 2-chloro-...........           126-99-8  ...........
3-Chloropropionitrile......................  Propanenitrile, 3-chloro-..........           542-76-7         P027

[[Page 186]]

 
Chromium...................................  Same...............................          7440-47-3  ...........
Chromium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Chrysene...................................  Same...............................           218-01-9         U050
Citrus red No. 2...........................  2-Naphthalenol, 1-[(2,5-                     6358-53-8  ...........
                                              dimethoxyphenyl)azo]-.
Coal tar creosote..........................  Same...............................          8007-45-2  ...........
Copper cyanide.............................  Copper cyanide CuCN................           544-92-3         P029
Copper dimethyldithiocarbamate.............  Copper,                                       137-29-1  ...........
                                              bis(dimethylcarbamodithioato-S,S')-
                                              ,.
Creosote...................................  Same...............................  .................         U051
p-Cresidine................................  2-Methoxy-5-methylbenzenamine......           120-71-8  ...........
Cresol (Cresylic acid).....................  Phenol, methyl-....................          1319-77-3         U052
Crotonaldehyde.............................  2-Butenal..........................          4170-30-3         U053
m-Cumenyl methylcarbamate..................  Phenol, 3-(methylethyl)-, methyl               64-00-6         P202
                                              carbamate.
Cyanides (soluble salts and complexes)       ...................................  .................         P030
 N.O.S. \1\.
Cyanogen...................................  Ethanedinitrile....................           460-19-5         P031
Cyanogen bromide...........................  Cyanogen bromide (CN)Br............           506-68-3         U246
Cyanogen chloride..........................  Cyanogen chloride (CN)Cl...........           506-77-4         P033
Cycasin....................................  beta-D-Glucopyranoside, (methyl-ONN-        14901-08-7  ...........
                                              azoxy)methyl.
Cycloate...................................  Carbamothioic acid, cyclohexylethyl-         1134-23-2  ...........
                                              , S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol.............  Phenol, 2-cyclohexyl-4,6-dinitro-..           131-89-5         P034
Cyclophosphamide...........................  2H-1,3,2-Oxazaphosphorin-2-amine,              50-18-0         U058
                                              N,N-bis(2-chloroethyl)tetrahydro-,
                                              2-oxide.
2,4-D......................................  Acetic acid, (2,4-dichlorophenoxy)-            94-75-7         U240
2,4-D, salts, esters.......................  ...................................  .................         U240
Daunomycin.................................  5,12-Naphthacenedione, 8-acetyl-10-         20830-81-3         U059
                                              [(3-amino-2,3,6-trideoxy-alpha-L-
                                              lyxo- hexopyranosyl)oxy]-7,8,9,10-
                                              tetrahydro-6,8,11-trihydroxy-1-
                                              methoxy-, (8S-cis)-.
Dazomet....................................  2H-1,3,5-thiadiazine-2-thione,                533-74-4  ...........
                                              tetrahydro-3,5-dimethyl.
DDD........................................  Benzene, 1,1'-(2,2-                            72-54-8         U060
                                              dichloroethylidene)bis[4-chloro-.
DDE........................................  Benzene, 1,1'-                                 72-55-9  ...........
                                              (dichloroethenylidene)bis[4-chloro-
                                              .
DDT........................................  Benzene, 1,1'-(2,2,2-                          50-29-3         U061
                                              trichloroethylidene)bis[4-chloro-.
Diallate...................................  Carbamothioic acid, bis(1-                   2303-16-4         U062
                                              methylethyl)-, S-(2,3-dichloro-2-
                                              propenyl) ester.
Dibenz[a,h]acridine........................  Same...............................           226-36-8  ...........
Dibenz[a,j]acridine........................  Same...............................           224-42-0  ...........
Dibenz[a,h]anthracene......................  Same...............................            53-70-3         U063
7H-Dibenzo[c,g]carbazole...................  Same...............................           194-59-2  ...........
Dibenzo[a,e]pyrene.........................  Naphtho[1,2,3,4-def]chrysene.......           192-65-4  ...........
Dibenzo[a,h]pyrene.........................  Dibenzo[b,def]chrysene.............           189-64-0  ...........
Dibenzo[a,i]pyrene.........................  Benzo[rst]pentaphene...............           189-55-9         U064
1,2-Dibromo-3-chloropropane................  Propane, 1,2-dibromo-3-chloro-.....            96-12-8         U066
Dibutyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-74-2         U069
                                              dibutyl ester.
o-Dichlorobenzene..........................  Benzene, 1,2-dichloro-.............            95-50-1         U070
m-Dichlorobenzene..........................  Benzene, 1,3-dichloro-.............           541-73-1         U071
p-Dichlorobenzene..........................  Benzene, 1,4-dichloro-.............           106-46-7         U072
Dichlorobenzene, N.O.S. \1\................  Benzene, dichloro-.................         25321-22-6  ...........
3,3'-Dichlorobenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-            91-94-1         U073
                                              dichloro-.
1,4-Dichloro-2-butene......................  2-Butene, 1,4-dichloro-............           764-41-0         U074
Dichlorodifluoromethane....................  Methane, dichlorodifluoro-.........            75-71-8         U075
Dichloroethylene, N.O.S. \1\...............  Dichloroethylene...................         25323-30-2  ...........
1,1-Dichloroethylene.......................  Ethene, 1,1-dichloro-..............            75-35-4         U078
1,2-Dichloroethylene.......................  Ethene, 1,2-dichloro-, (E)-........           156-60-5         U079
Dichloroethyl ether........................  Ethane, 1,1'oxybis[2-chloro-.......           111-44-4         U025
Dichloroisopropyl ether....................  Propane, 2,2'-oxybis[2-chloro-.....           108-60-1         U027
Dichloromethoxy ethane.....................  Ethane, 1,1'-                                 111-91-1         U024
                                              [methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether.......................  Methane, oxybis[chloro-............           542-88-1         P016
2,4-Dichlorophenol.........................  Phenol, 2,4-dichloro-..............           120-83-2         U081
2,6-Dichlorophenol.........................  Phenol, 2,6-dichloro-..............            87-65-0         U082
Dichlorophenylarsine.......................  Arsonous dichloride, phenyl-.......           696-28-6         P036
Dichloropropane, N.O.S. \1\................  Propane, dichloro-.................         26638-19-7  ...........
Dichloropropanol, N.O.S. \1\...............  Propanol, dichloro-................         26545-73-3  ...........
Dichloropropene, N.O.S. \1\................  1-Propene, dichloro-...............         26952-23-8  ...........
1,3-Dichloropropene........................  1-Propene, 1,3-dichloro-...........           542-75-6         U084

[[Page 187]]

 
Dieldrin...................................  2,7:3,6-Dimethanonaphth[2,3-                   60-57-1         P037
                                              b]oxirene, 3,4,5,6,9,9-hexachloro-
                                              1a,2,2a,3,6,6a,7,7a-octahydro-,
                                              (1aalpha,2beta,2aalpha,3beta,6beta
                                              , 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane......................  2,2'-Bioxirane.....................          1464-53-5         U085
Diethylarsine..............................  Arsine, diethyl-...................           692-42-2         P038
Diethylene glycol, dicarbamate.............  Ethanol, 2,2'-oxybis-, dicarbamate.          5952-26-1         U395
1,4-Diethyleneoxide........................  1,4-Dioxane........................           123-91-1         U108
Diethylhexyl phthalate.....................  1,2-Benzenedicarboxylic acid, bis(2-          117-81-7         U028
                                              ethylhexyl) ester.
N,N'-Diethylhydrazine......................  Hydrazine, 1,2-diethyl-............          1615-80-1         U086
O,O-Diethyl S-methyl dithiophosphate.......  Phosphorodithioic acid, O,O-diethyl          3288-58-2         U087
                                              S-methyl ester.
Diethyl-p-nitrophenyl phosphate............  Phosphoric acid, diethyl 4-                   311-45-5         P041
                                              nitrophenyl ester.
Diethyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-66-2         U088
                                              diethyl ester.
O,O-Diethyl O-pyrazinyl phosphoro- thioate.  Phosphorothioic acid, O,O-diethyl O-          297-97-2         P040
                                              pyrazinyl ester.
Diethylstilbesterol........................  Phenol, 4,4'-(1,2-diethyl-1,2-                 56-53-1         U089
                                              ethenediyl)bis-, (E)-.
Dihydrosafrole.............................  1,3-Benzodioxole, 5-propyl-........            94-58-6         U090
Diisopropylfluorophosphate (DFP)...........  Phosphorofluoridic acid, bis(1-                55-91-4         P043
                                              methylethyl) ester.
Dimethoate.................................  Phosphorodithioic acid, O,O-                   60-51-5         P044
                                              dimethyl S-[2-(methylamino)-2-
                                              oxoethyl] ester.
3,3'-Dimethoxybenzidine....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-90-4         U091
                                              dimethoxy-.
p-Dimethylaminoazobenzene..................  Benzenamine, N,N-dimethyl-4-                   60-11-7         U093
                                              (phenylazo)-.
2,4-Dimethylaniline (2,4-xylidine).........  Benzenamine, 2,4-dimethyl-.........            95-68-1  ...........
7,12-Dimethylbenz[a]anthracene.............  Benz[a]anthracene, 7,12-dimethyl-..            57-97-6         U094
3,3'-Dimethylbenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-93-7         U095
                                              dimethyl-.
Dimethylcarbamoyl chloride.................  Carbamic chloride, dimethyl-.......            79-44-7         U097
1,1-Dimethylhydrazine......................  Hydrazine, 1,1-dimethyl-...........            57-14-7         U098
1,2-Dimethylhydrazine......................  Hydrazine, 1,2-dimethyl-...........           540-73-8         U099
alpha,alpha-Dimethylphenethylamine.........  Benzeneethanamine, alpha,alpha-               122-09-8         P046
                                              dimethyl-.
2,4-Dimethylphenol.........................  Phenol, 2,4-dimethyl-..............           105-67-9         U101
Dimethyl phthalate.........................  1,2-Benzenedicarboxylic acid,                 131-11-3         U102
                                              dimethyl ester.
Dimethyl sulfate...........................  Sulfuric acid, dimethyl ester......            77-78-1         U103
Dimetilan..................................  Carbamic acid, dimethyl-, 1-                  644-64-4         P191
                                              [(dimethylamino) carbonyl]-5-
                                              methyl-1H-pyrazol-3-yl ester.
Dinitrobenzene, N.O.S. \1\.................  Benzene, dinitro-..................         25154-54-5  ...........
4,6-Dinitro-o-cresol.......................  Phenol, 2-methyl-4,6-dinitro-......           534-52-1         P047
4,6-Dinitro-o-cresol salts.................  ...................................  .................         P047
2,4-Dinitrophenol..........................  Phenol, 2,4-dinitro-...............            51-28-5         P048
2,4-Dinitrotoluene.........................  Benzene, 1-methyl-2,4-dinitro-.....           121-14-2         U105
2,6-Dinitrotoluene.........................  Benzene, 2-methyl-1,3-dinitro-.....           606-20-2         U106
Dinoseb....................................  Phenol, 2-(1-methylpropyl)-4,6-                88-85-7         P020
                                              dinitro-.
Di-n-octyl phthalate.......................  1,2-Benzenedicarboxylic acid,                 117-84-0         U017
                                              dioctyl ester.
Diphenylamine..............................  Benzenamine, N-phenyl-.............           122-39-4  ...........
1,2-Diphenylhydrazine......................  Hydrazine, 1,2-diphenyl-...........           122-66-7         U109
Di-n-propylnitrosamine.....................  1-Propanamine, N-nitroso-N-propyl-.           621-64-7         U111
Disulfiram.................................  Thioperoxydicarbonic diamide,                  97-77-8  ...........
                                              tetraethyl.
Disulfoton.................................  Phosphorodithioic acid, O,O-diethyl           298-04-4         P039
                                              S-[2-(ethylthio)ethyl] ester.
Dithiobiuret...............................  Thioimidodicarbonic diamide [(H2              541-53-7         P049
                                              N)C(S)]2 NH.
Endosulfan.................................  6,9-Methano-2,4,3-                            115-29-7         P050
                                              benzodioxathiepin, 6,7,8,9,10,10-
                                              hexachloro-1,5,5a,6,9,9a-
                                              hexahydro-, 3-oxide.
Endothall..................................  7-Oxabicyclo[2.2.1]heptane-2,3-               145-73-3         P088
                                              dicarboxylic acid.
Endrin.....................................  2,7:3,6-Dimethanonaphth[2,3-                   72-20-8         P051
                                              b]oxirene, 3,4,5,6,9,9-hexachloro-
                                              1a,2,2a,3,6,6a,7,7a-octa-hydro-,
                                              (1aalpha,2beta,2abeta,3alpha,6alph
                                              a, 6abeta,7beta,7aalpha)-.
Endrin metabolites.........................  ...................................  .................         P051
Epichlorohydrin............................  Oxirane, (chloromethyl)-...........           106-89-8         U041
Epinephrine................................  1,2-Benzenediol, 4-[1-hydroxy-2-               51-43-4         P042
                                              (methylamino)ethyl]-, (R)-.
EPTC.......................................  Carbamothioic acid, dipropyl-, S-             759-94-4  ...........
                                              ethyl ester.
Ethyl carbamate (urethane).................  Carbamic acid, ethyl ester.........            51-79-6         U238
Ethyl cyanide..............................  Propanenitrile.....................           107-12-0         P101

[[Page 188]]

 
Ethyl Ziram................................  Zinc, bis(diethylcarbamodithioato-          14324-55-1  ...........
                                              S,S')-.
Ethylenebisdithiocarbamic acid.............  Carbamodithioic acid, 1,2-                    111-54-6         U114
                                              ethanediylbis-.
Ethylenebisdithiocarbamic acid, salts and    ...................................  .................         U114
 esters.
Ethylene dibromide.........................  Ethane, 1,2-dibromo-...............           106-93-4         U067
Ethylene dichloride........................  Ethane, 1,2-dichloro-..............           107-06-2         U077
Ethylene glycol monoethyl ether............  Ethanol, 2-ethoxy-.................           110-80-5         U359
Ethyleneimine..............................  Aziridine..........................           151-56-4         P054
Ethylene oxide.............................  Oxirane............................            75-21-8         U115
Ethylenethiourea...........................  2-Imidazolidinethione..............            96-45-7         U116
Ethylidene dichloride......................  Ethane, 1,1-dichloro-..............            75-34-3         U076
Ethyl methacrylate.........................  2-Propenoic acid, 2-methyl-, ethyl             97-63-2         U118
                                              ester.
Ethyl methanesulfonate.....................  Methanesulfonic acid, ethyl ester..            62-50-0         U119
Famphur....................................  Phosphorothioic acid, O-[4-                    52-85-7         P097
                                              [(dimethylamino)sulfonyl]phenyl]
                                              O,O-dimethyl ester.
Ferbam.....................................  Iron, tris(dimethylcarbamodithioato-        14484-64-1  ...........
                                              S,S')-,.
Fluoranthene...............................  Same...............................           206-44-0         U120
Fluorine...................................  Same...............................          7782-41-4         P056
Fluoroacetamide............................  Acetamide, 2-fluoro-...............           640-19-7         P057
Fluoroacetic acid, sodium salt.............  Acetic acid, fluoro-, sodium salt..            62-74-8         P058
Formaldehyde...............................  Same...............................            50-00-0         U122
Formetanate hydrochloride..................  Methanimidamide, N,N-dimethyl-N'-[3-        23422-53-9         P198
                                              [[(methylamino)
                                              carbonyl]oxy]phenyl]-,
                                              monohydrochloride.
Formic acid................................  Same...............................            64-18-6         U123
Formparanate...............................  Methanimidamide, N,N-dimethyl-N'-[2-        17702-57-7         P197
                                              methyl-4-[[(methylamino)
                                              carbonyl]oxy]phenyl]-.
Glycidylaldehyde...........................  Oxiranecarboxyaldehyde.............           765-34-4         U126
Halomethanes, N.O.S. \1\...................  ...................................  .................  ...........
Heptachlor.................................  4,7-Methano-1H-indene,                         76-44-8         P059
                                              1,4,5,6,7,8,8-heptachloro-
                                              3a,4,7,7a-tetrahydro-.
Heptachlor epoxide.........................  2,5-Methano-2H-indeno[1,2-                   1024-57-3  ...........
                                              b]oxirene, 2,3,4,5,6,7,7-
                                              heptachloro-1a,1b,5,5a,6,6a-hexa-
                                              hydro-,
                                              (1aalpha,1bbeta,2alpha,5alpha,
                                              5abeta,6beta,6aalpha)-.
Heptachlor epoxide (alpha, beta, and gamma   ...................................  .................  ...........
 isomers).
Heptachlorodibenzofurans...................  ...................................  .................  ...........
Heptachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Hexachlorobenzene..........................  Benzene, hexachloro-...............           118-74-1         U127
Hexachlorobutadiene........................  1,3-Butadiene, 1,1,2,3,4,4-                    87-68-3         U128
                                              hexachloro-.
Hexachlorocyclopentadiene..................  1,3-Cyclopentadiene, 1,2,3,4,5,5-              77-47-4         U130
                                              hexachloro-.
Hexachlorodibenzo-p-dioxins................  ...................................  .................  ...........
Hexachlorodibenzofurans....................  ...................................  .................  ...........
Hexachloroethane...........................  Ethane, hexachloro-................            67-72-1         U131
Hexachlorophene............................  Phenol, 2,2'-methylenebis[3,4,6-               70-30-4         U132
                                              trichloro-.
Hexachloropropene..........................  1-Propene, 1,1,2,3,3,3-hexachloro-.          1888-71-7         U243
Hexaethyl tetraphosphate...................  Tetraphosphoric acid, hexaethyl               757-58-4         P062
                                              ester.
Hydrazine..................................  Same...............................           302-01-2         U133
Hydrogen cyanide...........................  Hydrocyanic acid...................            74-90-8         P063
Hydrogen fluoride..........................  Hydrofluoric acid..................          7664-39-3         U134
Hydrogen sulfide...........................  Hydrogen sulfide H2 S..............          7783-06-4         U135
Indeno[1,2,3-cd]pyrene.....................  Same...............................           193-39-5         U137
3-Iodo-2-propynyl n-butylcarbamate.........  Carbamic acid, butyl-, 3-iodo-2-            55406-53-6  ...........
                                              propynyl ester.
Isobutyl alcohol...........................  1-Propanol, 2-methyl-..............            78-83-1         U140
Isodrin....................................  1,4,5,8-Dimethanonaphthalene,                 465-73-6         P060
                                              1,2,3,4,10,10-hexachloro-
                                              1,4,4a,5,8,8a-hexa hydro-,
                                              (1alpha, 4alpha, 4abeta, 5beta,
                                              8beta, 8abeta)-.
Isolan.....................................  Carbamic acid, dimethyl-, 3-methyl-           119-38-0         P192
                                              1-(1-methylethyl)-1H-pyrazol-5-yl
                                              ester.
Isosafrole.................................  1,3-Benzodioxole, 5-(1-propenyl)-..           120-58-1         U141
Kepone.....................................  1,3,4-Metheno-2H-                             143-50-0         U142
                                              cyclobuta[cd]pentalen-2-one,
                                              1,1a,3,3a,4,5,5,5a,5b,6-
                                              decachlorooctahydro-.
Lasiocarpine...............................  2-Butenoic acid, 2-methyl-,7-[[2,3-           303-34-4         U143
                                              dihydroxy-2-(1-methoxyethyl)-3-
                                              methyl-1-
                                              oxobutoxy]methyl]-2,3,5,7a-
                                              tetrahydro-1H-pyrrolizin-1-yl
                                              ester,.
                                              [1S-
                                              [1alpha(Z),7(2S*,3R*),7aalpha]]-.

[[Page 189]]

 
Lead.......................................  Same...............................          7439-92-1  ...........
Lead compounds, N.O.S. \1\.................  ...................................  .................  ...........
Lead acetate...............................  Acetic acid, lead(2+) salt.........           301-04-2         U144
Lead phosphate.............................  Phosphoric acid, lead(2+) salt               7446-27-7         U145
                                              (2:3).
Lead subacetate............................  Lead, bis(acetato-O)tetrahydroxytri-         1335-32-6         U146
                                              .
Lindane....................................  Cyclohexane, 1,2,3,4,5,6-hexachloro-           58-89-9         U129
                                              , (1alpha,2alpha,3beta,4alpha,
                                              5alpha,6beta)-.
Maleic anhydride...........................  2,5-Furandione.....................           108-31-6         U147
Maleic hydrazide...........................  3,6-Pyridazinedione, 1,2-dihydro-..           123-33-1         U148
Malononitrile..............................  Propanedinitrile...................           109-77-3         U149
Manganese dimethyldithiocarbamate..........  Manganese,                                  15339-36-3         P196
                                              bis(dimethylcarbamodithioato-S,S')-
                                              ,.
Melphalan..................................  L-Phenylalanine, 4-[bis(2-                    148-82-3         U150
                                              chloroethyl)aminol]-.
Mercury....................................  Same...............................          7439-97-6         U151
Mercury compounds, N.O.S. \1\..............  ...................................  .................  ...........
Mercury fulminate..........................  Fulminic acid, mercury(2+) salt....           628-86-4         P065
Metam Sodium...............................  Carbamodithioic acid, methyl-,                137-42-8
                                              monosodium salt.
Methacrylonitrile..........................  2-Propenenitrile, 2-methyl-........           126-98-7         U152
Methapyrilene..............................  1,2-Ethanediamine, N,N-dimethyl-N'-            91-80-5         U155
                                              2-pyridinyl-N'-(2-thienylmethyl)-.
Methiocarb.................................  Phenol, (3,5-dimethyl-4-                     2032-65-7         P199
                                              (methylthio)-, methylcarbamate.
Methomyl...................................  Ethanimidothioic acid, N-                   16752-77-5         P066
                                              [[(methylamino)carbonyl]oxy]-,
                                              methyl ester.
Methoxychlor...............................  Benzene, 1,1'-(2,2,2-                          72-43-5         U247
                                              trichloroethylidene)bis[4-methoxy-.
Methyl bromide.............................  Methane, bromo-....................            74-83-9         U029
Methyl chloride............................  Methane, chloro-...................            74-87-3         U045
Methyl chlorocarbonate.....................  Carbonochloridic acid, methyl ester            79-22-1         U156
Methyl chloroform..........................  Ethane, 1,1,1-trichloro-...........            71-55-6         U226
3-Methylcholanthrene.......................  Benz[j]aceanthrylene, 1,2-dihydro-3-           56-49-5         U157
                                              methyl-.
4,4'-Methylenebis(2-chloroaniline).........  Benzenamine, 4,4'-methylenebis[2-             101-14-4         U158
                                              chloro-.
Methylene bromide..........................  Methane, dibromo-..................            74-95-3         U068
Methylene chloride.........................  Methane, dichloro-.................            75-09-2         U080
Methyl ethyl ketone (MEK)..................  2-Butanone.........................            78-93-3         U159
Methyl ethyl ketone peroxide...............  2-Butanone, peroxide...............          1338-23-4         U160
Methyl hydrazine...........................  Hydrazine, methyl-.................            60-34-4         P068
Methyl iodide..............................  Methane, iodo-.....................            74-88-4         U138
Methyl isocyanate..........................  Methane, isocyanato-...............           624-83-9         P064
2-Methyllactonitrile.......................  Propanenitrile, 2-hydroxy-2-methyl-            75-86-5         P069
Methyl methacrylate........................  2-Propenoic acid, 2-methyl-, methyl            80-62-6         U162
                                              ester.
Methyl methanesulfonate....................  Methanesulfonic acid, methyl ester.            66-27-3  ...........
Methyl parathion...........................  Phosphorothioic acid, O,O-dimethyl            298-00-0         P071
                                              O-(4-nitrophenyl) ester.
Methylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             56-04-2         U164
                                              methyl-2-thioxo-.
Metolcarb..................................  Carbamic acid, methyl-, 3-                   1129-41-5         P190
                                              methylphenyl ester.
Mexacarbate................................  Phenol, 4-(dimethylamino)-3,5-                315-18-4         P128
                                              dimethyl-, methylcarbamate (ester).
Mitomycin C................................  Azirino[2',3':3,4]pyrrolo[1,2-                 50-07-7         U010
                                              a]indole-4,7-dione,
                                              6-amino-8-
                                              [[(aminocarbonyl)oxy]methyl]-
                                              1,1a,2,8,8a,8b-hexahydro-8a-
                                              methoxy-5- methyl-, [1aS-
                                              (1aalpha,8beta,8aalpha,8balpha)]-..
MNNG.......................................  Guanidine, N-methyl-N'-nitro-N-                70-25-7         U163
                                              nitroso-.
Molinate...................................  1H-Azepine-1-carbothioic acid,               2212-67-1  ...........
                                              hexahydro-, S-ethyl ester.
Mustard gas................................  Ethane, 1,1'-thiobis[2-chloro-.....           505-60-2  ...........
Naphthalene................................  Same...............................            91-20-3         U165
1,4-Naphthoquinone.........................  1,4-Naphthalenedione...............           130-15-4         U166
alpha-Naphthylamine........................  1-Naphthalenamine..................           134-32-7         U167
beta-Naphthylamine.........................  2-Naphthalenamine..................            91-59-8         U168
alpha-Naphthylthiourea.....................  Thiourea, 1-naphthalenyl-..........            86-88-4         P072
Nickel.....................................  Same...............................          7440-02-0  ...........
Nickel compounds, N.O.S. \1\...............  ...................................  .................  ...........
Nickel carbonyl............................  Nickel carbonyl Ni(CO)4, (T-4)-....         13463-39-3         P073
Nickel cyanide.............................  Nickel cyanide Ni(CN)2.............           557-19-7         P074

[[Page 190]]

 
Nicotine...................................  Pyridine, 3-(1-methyl-2-                       54-11-5         P075
                                              pyrrolidinyl)-, (S)-.
Nicotine salts.............................  ...................................  .................         P075
Nitric oxide...............................  Nitrogen oxide NO..................         10102-43-9         P076
p-Nitroaniline.............................  Benzenamine, 4-nitro-..............           100-01-6         P077
Nitrobenzene...............................  Benzene, nitro-....................            98-95-3         U169
Nitrogen dioxide...........................  Nitrogen oxide NO2.................         10102-44-0         P078
Nitrogen mustard...........................  Ethanamine, 2-chloro-N-(2-                     51-75-2  ...........
                                              chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt.......  ...................................  .................  ...........
Nitrogen mustard N-oxide...................  Ethanamine, 2-chloro-N-(2-                    126-85-2  ...........
                                              chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride   ...................................  .................  ...........
 salt.
Nitroglycerin..............................  1,2,3-Propanetriol, trinitrate.....            55-63-0         P081
p-Nitrophenol..............................  Phenol, 4-nitro-...................           100-02-7         U170
2-Nitropropane.............................  Propane, 2-nitro-..................            79-46-9         U171
Nitrosamines, N.O.S. \1\...................  ...................................         35576-91-1  ...........
N-Nitrosodi-n-butylamine...................  1-Butanamine, N-butyl-N-nitroso-...           924-16-3         U172
N-Nitrosodiethanolamine....................  Ethanol, 2,2'-(nitrosoimino)bis-...          1116-54-7         U173
N-Nitrosodiethylamine......................  Ethanamine, N-ethyl-N-nitroso-.....            55-18-5         U174
N-Nitrosodimethylamine.....................  Methanamine, N-methyl-N-nitroso-...            62-75-9         P082
N-Nitroso-N-ethylurea......................  Urea, N-ethyl-N-nitroso-...........           759-73-9         U176
N-Nitrosomethylethylamine..................  Ethanamine, N-methyl-N-nitroso-....         10595-95-6  ...........
N-Nitroso-N-methylurea.....................  Urea, N-methyl-N-nitroso-..........           684-93-5         U177
N-Nitroso-N-methylurethane.................  Carbamic acid, methylnitroso-,                615-53-2         U178
                                              ethyl ester.
N-Nitrosomethylvinylamine..................  Vinylamine, N-methyl-N-nitroso-....          4549-40-0         P084
N-Nitrosomorpholine........................  Morpholine, 4-nitroso-.............            59-89-2  ...........
N-Nitrosonornicotine.......................  Pyridine, 3-(1-nitroso-2-                   16543-55-8  ...........
                                              pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................  Piperidine, 1-nitroso-.............           100-75-4         U179
N-Nitrosopyrrolidine.......................  Pyrrolidine, 1-nitroso-............           930-55-2         U180
N-Nitrososarcosine.........................  Glycine, N-methyl-N-nitroso-.......         13256-22-9  ...........
5-Nitro-o-toluidine........................  Benzenamine, 2-methyl-5-nitro-.....            99-55-8         U181
Octachlorodibenzo-p-dioxin (OCDD)..........  1,2,3,4,6,7,8,9-Octachlorodibenzo-p-         3268-87-9  ...........
                                              dioxin.
Octachlorodibenzofuran (OCDF)..............  1,2,3,4,6,7,8,9-                            39001-02-0  ...........
                                              Octachlorodibenofuran.
Octamethylpyrophosphoramide................  Diphosphoramide, octamethyl-.......           152-16-9         P085
Osmium tetroxide...........................  Osmium oxide OsO4, (T-4)-..........         20816-12-0         P087
Oxamyl.....................................  Ethanimidothioc acid, 2-                    23135-22-0         P194
                                              (dimethylamino)-N-
                                              [[(methylamino)carbonyl]oxy]-2-oxo-
                                              , methyl ester.
Paraldehyde................................  1,3,5-Trioxane, 2,4,6-trimethyl-...           123-63-7         U182
Parathion..................................  Phosphorothioic acid, O,O-diethyl O-           56-38-2         P089
                                              (4-nitrophenyl) ester.
Pebulate...................................  Carbamothioic acid, butylethyl-, S-          1114-71-2  ...........
                                              propyl ester.
Pentachlorobenzene.........................  Benzene, pentachloro-..............           608-93-5         U183
Pentachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Pentachlorodibenzofurans...................  ...................................  .................  ...........
Pentachloroethane..........................  Ethane, pentachloro-...............            76-01-7         U184
Pentachloronitrobenzene (PCNB).............  Benzene, pentachloronitro-.........            82-68-8         U185
Pentachlorophenol..........................  Phenol, pentachloro-...............            87-86-5     See F027
Phenacetin.................................  Acetamide, N-(4-ethoxyphenyl)-.....            62-44-2         U187
Phenol.....................................  Same...............................           108-95-2         U188
1,2-Phenylenediamine.......................  1,2-Benzenediamine.................            95-54-5  ...........
1,3-Phenylenediamine.......................  1,3-Benzenediamine.................           108-45-2  ...........
Phenylenediamine...........................  Benzenediamine.....................         25265-76-3  ...........
Phenylmercury acetate......................  Mercury, (acetato-O)phenyl-........            62-38-4         P092
Phenylthiourea.............................  Thiourea, phenyl-..................           103-85-5         P093
Phosgene...................................  Carbonic dichloride................            75-44-5         P095
Phosphine..................................  Same...............................          7803-51-2         P096
Phorate....................................  Phosphorodithioic acid, O,O-diethyl           298-02-2         P094
                                              S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\...........  ...................................  .................  ...........
Phthalic anhydride.........................  1,3-Isobenzofurandione.............            85-44-9         U190
Physostigmine..............................  Pyrrolo[2,3-b]indol-5-01,                      57-47-6         P204
                                              1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                              trimethyl-, methylcarbamate
                                              (ester), (3aS-cis)-.
Physostigmine salicylate...................  Benzoic acid, 2-hydroxy-, compd.               57-64-7         P188
                                              with (3aS-cis) -1,2,3,3a,8,8a-
                                              hexahydro-1,3a,8-trimethylpyrrolo
                                              [2,3-b]indol-5-yl methylcarbamate
                                              ester (1:1).
2-Picoline.................................  Pyridine, 2-methyl-................           109-06-8         U191
Polychlorinated biphenyls, N.O.S. \1\......  ...................................  .................  ...........
Potassium cyanide..........................  Potassium cyanide K(CN)............           151-50-8         P098

[[Page 191]]

 
Potassium dimethyldithiocarbamate..........  Carbamodithioic acid, dimethyl,               128-03-0  ...........
                                              potassium salt.
Potassium n-hydroxymethyl-n-methyl-          Carbamodithioic acid,                       51026-28-9  ...........
 dithiocarbamate.                             (hydroxymethyl)methyl-,
                                              monopotassium salt.
Potassium n-methyldithiocarbamate..........  Carbamodithioic acid, methyl-                 137-41-7  ...........
                                              monopotassium salt.
Potassium pentachlorophenate...............  Pentachlorophenol, potassium salt..            7778736         None
Potassium silver cyanide...................  Argentate(1-), bis(cyano-C)-,                 506-61-6         P099
                                              potassium.
Promecarb..................................  Phenol, 3-methyl-5-(1-methylethyl)-          2631-37-0         P201
                                              , methyl carbamate.
Pronamide..................................  Benzamide, 3,5-dichloro-N-(1,1-             23950-58-5         U192
                                              dimethyl-2-propynyl)-.
1,3-Propane sultone........................  1,2-Oxathiolane, 2,2-dioxide.......          1120-71-4         U193
n-Propylamine..............................  1-Propanamine......................           107-10-8         U194
Propargyl alcohol..........................  2-Propyn-1-ol......................           107-19-7         P102
Propham....................................  Carbamic acid, phenyl-, 1-                    122-42-9         U373
                                              methylethyl ester.
Propoxur...................................  Phenol, 2-(1-methylethoxy)-,                  114-26-1         U411
                                              methylcarbamate.
Propylene dichloride.......................  Propane, 1,2-dichloro-.............            78-87-5         U083
1,2-Propylenimine..........................  Aziridine, 2-methyl-...............            75-55-8         P067
Propylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             51-52-5  ...........
                                              propyl-2-thioxo-.
Prosulfocarb...............................  Carbamothioic acid, dipropyl-, S-           52888-80-9         U387
                                              (phenylmethyl) ester.
Pyridine...................................  Same...............................           110-86-1         U196
Reserpine..................................  Yohimban-16-carboxylic acid, 11,17-            50-55-5         U200
                                              dimethoxy-18-[(3,4,5-
                                              trimethoxybenzoyl)oxy]-smethyl
                                              ester,
                                              (3beta,16beta,17alpha,18beta,20alp
                                              ha)-.
Resorcinol.................................  1,3-Benzenediol....................           108-46-3         U201
Saccharin..................................  1,2-Benzisothiazol-3(2H)-one, 1,1-             81-07-2         U202
                                              dioxide.
Saccharin salts............................  ...................................  .................         U202
Safrole....................................  1,3-Benzodioxole, 5-(2-propenyl)-..            94-59-7         U203
Selenium...................................  Same...............................          7782-49-2  ...........
Selenium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Selenium dioxide...........................  Selenious acid.....................          7783-00-8         U204
Selenium sulfide...........................  Selenium sulfide SeS2..............          7488-56-4         U205
Selenium, tetrakis(dimethyl-                 Carbamodithioic acid, dimethyl-,              144-34-3  ...........
 dithiocarbamate).                            tetraanhydrosulfide with
                                              orthothioselenious acid.
Selenourea.................................  Same...............................           630-10-4         P103
Silver.....................................  Same...............................          7440-22-4  ...........
Silver compounds, N.O.S. \1\...............  ...................................  .................  ...........
Silver cyanide.............................  Silver cyanide Ag(CN)..............           506-64-9         P104
Silvex (2,4,5-TP)..........................  Propanoic acid, 2-(2,4,5-                      93-72-1     See F027
                                              trichlorophenoxy)-.
Sodium cyanide.............................  Sodium cyanide Na(CN)..............           143-33-9         P106
Sodium dibutyldithiocarbamate..............  Carbamodithioic acid, dibutyl,                136-30-1  ...........
                                              sodium salt.
Sodium diethyldithiocarbamate..............  Carbamodithioic acid, diethyl-,               148-18-5
                                              sodium salt.
Sodium dimethyldithiocarbamate.............  Carbamodithioic acid, dimethyl-,              128-04-1  ...........
                                              sodium salt.
Sodium pentachlorophenate..................  Pentachlorophenol, sodium salt.....             131522         None
Streptozotocin.............................  D-Glucose, 2-deoxy-2-                       18883-66-4         U206
                                              [[(methylnitrosoamino)carbonyl]ami
                                              no]-.
Strychnine.................................  Strychnidin-10-one.................            57-24-9         P108
Strychnine salts...........................  ...................................  .................         P108
Sulfallate.................................  Carbamodithioic acid, diethyl-, 2-             95-06-7  ...........
                                              chloro-2-propenyl ester.
TCDD.......................................  Dibenzo[b,e][1,4]dioxin, 2,3,7,8-            1746-01-6  ...........
                                              tetrachloro-.
Tetrabutylthiuram disulfide................  Thioperoxydicarbonic diamide,                1634-02-2  ...........
                                              tetrabutyl.
1,2,4,5-Tetrachlorobenzene.................  Benzene, 1,2,4,5-tetrachloro-......            95-94-3         U207
Tetrachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Tetrachlorodibenzofurans...................  ...................................  .................  ...........
Tetrachloroethane, N.O.S. \1\..............  Ethane, tetrachloro-, N.O.S........         25322-20-7  ...........
1,1,1,2-Tetrachloroethane..................  Ethane, 1,1,1,2-tetrachloro-.......           630-20-6         U208
1,1,2,2-Tetrachloroethane..................  Ethane, 1,1,2,2-tetrachloro-.......            79-34-5         U209
Tetrachloroethylene........................  Ethene, tetrachloro-...............           127-18-4         U210
2,3,4,6-Tetrachlorophenol..................  Phenol, 2,3,4,6-tetrachloro-.......            58-90-2     See F027
2,3,4,6-tetrachlorophenol, potassium salt..  same...............................           53535276         None
2,3,4,6-tetrachlorophenol, sodium salt.....  same...............................           25567559         None
Tetraethyldithiopyrophosphate..............  Thiodiphosphoric acid, tetraethyl            3689-24-5         P109
                                              ester.
Tetraethyl lead............................  Plumbane, tetraethyl-..............            78-00-2         P110
Tetraethyl pyrophosphate...................  Diphosphoric acid, tetraethyl ester           107-49-3         P111
Tetramethylthiuram monosulfide.............  Bis(dimethylthiocarbamoyl) sulfide.            97-74-5  ...........

[[Page 192]]

 
Tetranitromethane..........................  Methane, tetranitro-...............           509-14-8         P112
Thallium...................................  Same...............................          7440-28-0  ...........
Thallium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Thallic oxide..............................  Thallium oxide Tl2 O3..............          1314-32-5         P113
Thallium(I) acetate........................  Acetic acid, thallium(1+) salt.....           563-68-8         U214
Thallium(I) carbonate......................  Carbonic acid, dithallium(1+) salt.          6533-73-9         U215
Thallium(I) chloride.......................  Thallium chloride TlCl.............          7791-12-0         U216
Thallium(I) nitrate........................  Nitric acid, thallium(1+) salt.....         10102-45-1         U217
Thallium selenite..........................  Selenious acid, dithallium(1+) salt         12039-52-0         P114
Thallium(I) sulfate........................  Sulfuric acid, dithallium(1+) salt.          7446-18-6         P115
Thioacetamide..............................  Ethanethioamide....................            62-55-5         U218
Thiodicarb.................................  Ethanimidothioic acid, N,N'-                59669-26-0         U410
                                              [thiobis [(methylimino)
                                              carbonyloxy]] bis-, dimethyl ester.
Thiofanox..................................  2-Butanone, 3,3-dimethyl-1-                 39196-18-4         P045
                                              (methylthio)-, 0-
                                              [(methylamino)carbonyl] oxime.
Thiomethanol...............................  Methanethiol.......................            74-93-1         U153
Thiophanate-methyl.........................  Carbamic acid, [1,2-phyenylenebis           23564-05-8         U409
                                              (iminocarbonothioyl)] bis-,
                                              dimethyl ester.
Thiophenol.................................  Benzenethiol.......................           108-98-5         P014
Thiosemicarbazide..........................  Hydrazinecarbothioamide............            79-19-6         P116
Thiourea...................................  Same...............................            62-56-6         U219
Thiram.....................................  Thioperoxydicarbonic diamide [(H2             137-26-8         U244
                                              N)C(S)]2 S2, tetramethyl-.
Tirpate....................................  1,3-Dithiolane-2-carboxaldehyde,            26419-73-8         P185
                                              2,4-dimethyl-, O-[(methylamino)
                                              carbonyl] oxime.
Toluene....................................  Benzene, methyl-...................           108-88-3         U220
Toluenediamine.............................  Benzenediamine, ar-methyl-.........         25376-45-8         U221
Toluene-2,4-diamine........................  1,3-Benzenediamine, 4-methyl-......            95-80-7  ...........
Toluene-2,6-diamine........................  1,3-Benzenediamine, 2-methyl-......           823-40-5  ...........
Toluene-3,4-diamine........................  1,2-Benzenediamine, 4-methyl-......           496-72-0  ...........
Toluene diisocyanate.......................  Benzene, 1,3-diisocyanatomethyl-...         26471-62-5         U223
o-Toluidine................................  Benzenamine, 2-methyl-.............            95-53-4         U328
o-Toluidine hydrochloride..................  Benzenamine, 2-methyl-,                       636-21-5         U222
                                              hydrochloride.
p-Toluidine................................  Benzenamine, 4-methyl-.............           106-49-0         U353
Toxaphene..................................  Same...............................          8001-35-2         P123
Triallate..................................  Carbamothioic acid, bis(1-                   2303-17-5         U389
                                              methylethyl)-, S-(2,3,3-trichloro-
                                              2-propenyl) ester.
1,2,4-Trichlorobenzene.....................  Benzene, 1,2,4-trichloro-..........           120-82-1  ...........
1,1,2-Trichloroethane......................  Ethane, 1,1,2-trichloro-...........            79-00-5         U227
Trichloroethylene..........................  Ethene, trichloro-.................            79-01-6         U228
Trichloromethanethiol......................  Methanethiol, trichloro-...........            75-70-7         P118
Trichloromonofluoromethane.................  Methane, trichlorofluoro-..........            75-69-4         U121
2,4,5-Trichlorophenol......................  Phenol, 2,4,5-trichloro-...........            95-95-4     See F027
2,4,6-Trichlorophenol......................  Phenol, 2,4,6-trichloro-...........            88-06-2     See F027
2,4,5-T....................................  Acetic acid, (2,4,5-                           93-76-5     See F027
                                              trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\...............  ...................................         25735-29-9  ...........
1,2,3-Trichloropropane.....................  Propane, 1,2,3-trichloro-..........            96-18-4  ...........
Triethylamine..............................  Ethanamine, N,N-diethyl-...........           121-44-8         U404
O,O,O-Triethyl phosphorothioate............  Phosphorothioic acid, O,O,O-                  126-68-1  ...........
                                              triethyl ester.
1,3,5-Trinitrobenzene......................  Benzene, 1,3,5-trinitro-...........            99-35-4         U234
Tris(1-aziridinyl)phosphine sulfide........  Aziridine, 1,1',1''-                           52-24-4  ...........
                                              phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate..........  1-Propanol, 2,3-dibromo-, phosphate           126-72-7         U235
                                              (3:1).
Trypan blue................................  2,7-Naphthalenedisulfonic acid,                72-57-1         U236
                                              3,3'-[(3,3'-dimethyl[1,1'-
                                              biphenyl]-4,4'-diyl)bis(azo)]-
                                              bis[5-amino-4-hydroxy-,
                                              tetrasodium salt..
Uracil mustard.............................  2,4-(1H,3H)-Pyrimidinedione, 5-                66-75-1         U237
                                              [bis(2-chloroethyl)amino]-.
Vanadium pentoxide.........................  Vanadium oxide V2 O5...............          1314-62-1         P120
Vernolate..................................  Carbamothioic acid, dipropyl-,S-             1929-77-7  ...........
                                              propyl ester.
Vinyl chloride.............................  Ethene, chloro-....................            75-01-4         U043
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         U248
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations less
                                              than 0.3%.
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         P001
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations greater
                                              than 0.3%.
Warfarin salts, when present at              ...................................  .................         U248
 concentrations less than 0.3%.
Warfarin salts, when present at              ...................................  .................         P001
 concentrations greater than 0.3%.
Zinc cyanide...............................  Zinc cyanide Zn(CN)2...............           557-21-1         P121
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         P122
                                              at concentrations greater than 10%.

[[Page 193]]

 
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         U249
                                              at concentrations of 10% or less.
Ziram......................................  ZInc, bis(dimethylcarbamodithioato-           137-30-4         P205
                                              S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
  specifically listed by name in this appendix.


[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 
1997; 63 FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127, 
Nov. 8, 2000; 70 FR 9177, Feb. 24, 2005; 71 FR 40271, July 14, 2006]



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

           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
Aluminum Company   750 Norcold Ave.,  Wastewater treatment plant (WWTP)
 of America.        Sidney, Ohio       sludges generated from the
                    45365.             chemical conversion coating of
                                       aluminum (EPA Hazardous Waste No.
                                       F019) and WWTP sludges generated
                                       from electroplating operations
                                       (EPA Hazardous Waste No. F006)
                                       and stored in an on-site
                                       landfill. This is an exclusion
                                       for approximately 16,772 cubic
                                       yards of landfilled WWTP filter
                                       cake. This exclusion applies only
                                       if the waste filter cake remains
                                       in place or, if excavated, is
                                       disposed of in a Subtitle D
                                       landfill which is permitted,
                                       licensed, or registered by a
                                       state to manage industrial solid
                                       waste. This exclusion was
                                       published on April 6, 1999.
                                      1. The constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): Arsenic--5; Barium--100;
                                       Chromium--5; Cobalt--210; Copper--
                                       130; Nickel--70; Vanadium--30;
                                       Zinc--1000; Fluoride--400;
                                       Acetone--400; Methylene Chloride--
                                       0.5; Bis(2-ethylhexyl)phthalate--
                                       0.6.
                                      2. (a) If, anytime after disposal
                                       of the delisted waste, Alcoa
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the health based
                                       level, then Alcoa must report
                                       such data, in writing, to the
                                       Regional Administrator within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending or revoking this
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. The facility
                                       shall have 10 days from the date
                                       of the Regional Administrator's
                                       notice to present such
                                       information.
                                      (d) Following the receipt of
                                       information from the facility
                                       described in paragraph (c) or (if
                                       no information is presented under
                                       paragraph (c) the initial receipt
                                       of information described in
                                       paragraph (a), the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
 
Alumnitec, Inc.    Jeffersonville,    Dewatered wastewater treatment
 (formerly          IN.                sludge (EPA Hazardous Waste No.
 Profile                               F019) generated from the chemical
 Extrusion Co.,                        conversion of aluminum after
 formerly United                       April 29, 1986.
 Technologies
 Automotive,
 Inc.).
American Metals    Westlake, Ohio...  Wastewater treatment plant (WWTP)
 Corporation.                          sludges from the chemical
                                       conversion coating (phosphating)
                                       of aluminum (EPA Hazardous Waste
                                       No. F019) and other solid wastes
                                       previously disposed in an on-site
                                       landfill. This is a one-time
                                       exclusion for 12,400 cubic yards
                                       of landfilled WWTP sludge. This
                                       exclusion is effective on January
                                       15, 2002.
                                      1. Delisting Levels:

[[Page 194]]

 
                                      (A) The constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): antimony--1.52; arsenic--
                                       0.691; barium--100; beryllium--
                                       3.07; cadmium--1; chromium--5;
                                       cobalt--166; copper--67,300;
                                       lead--5; mercury--0.2; nickel--
                                       209; selenium--1; silver--5;
                                       thallium--0.65; tin--1,660;
                                       vanadium--156; and zinc--2,070.
                                      (B) The total constituent
                                       concentrations in any sample may
                                       not exceed the following levels
                                       (mg/kg): arsenic--9,280; mercury--
                                       94; and polychlorinated
                                       biphenyls--0.265.
                                      (C) Concentrations of dioxin and
                                       furan congeners cannot exceed
                                       values which would result in a
                                       cancer risk greater than or equal
                                       to 10-6 as predicted by the
                                       model.
                                      2. Verification Sampling--USG
                                       shall collect six additional
                                       vertically composited samples of
                                       sludge from locations that
                                       compliment historical data and
                                       shall analyze the samples by TCLP
                                       for metals including antimony,
                                       arsenic, barium, beryllium,
                                       cadmium, chromium, lead, mercury,
                                       nickel, selenium, silver,
                                       thallium, tin, vanadium, and
                                       zinc. If the samples exceed the
                                       levels in Condition (1)(a), USG
                                       must notify EPA. The
                                       corresponding sludge and all
                                       sludge yet to be disposed remains
                                       hazardous until USG has
                                       demonstrated by additional
                                       sampling that all constituents of
                                       concern are below the levels set
                                       forth in condition 1.
                                      3. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, USG possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified in
                                       Condition (1) is at a level
                                       higher than the delisting level
                                       established in Condition (1), or
                                       is at a level in the groundwater
                                       exceeding maximum allowable point
                                       of exposure concentration
                                       referenced by the model, then USG
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify USG in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing USG with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. USG shall
                                       have 10 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 10 days USG presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
                                      4. Notifications--USG must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
American Steel     Scottsburg, IN...  Wastewater treatment plant (WWTP)
 Cord.                                 sludge from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006) generated at a maximum
                                       annual rate of 3,000 cubic yards
                                       per year, after January 26, 1999,
                                       and disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: American
                                       Steel Cord must implement an
                                       annual testing program to
                                       demonstrate, based on the
                                       analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP extract of
                                       the waste are within specific
                                       levels. The constituent
                                       concentrations must not exceed
                                       the following levels (mg/l) which
                                       are back-calculated from the
                                       delisting health-based levels and
                                       a DAF of 68. Arsenic--3.4;
                                       Barium--100; Cadmium--.34;
                                       Chromium--5; Copper--88.4.; Lead--
                                       1.02; Mercury--.136; Nickel--
                                       6.8.; Selenium--1; Silver--5;
                                       Zinc--680; Cyanide--13.6;
                                       Acetone--272; Benzo butyl
                                       phthlate--476; Chloroform--.68;
                                       1,4-Dichlorobenzene--.272; cis-
                                       1,2-Dichloroethene--27.2;
                                       Methylene chloride--.34;
                                       Naphthalene--68; Styrene--6.8;
                                       Tetrachloroethene--.34; Toluene--
                                       68; and Xylene--680. American
                                       Steel Cord must measure and
                                       record the pH of the waste using
                                       SW 846 method 9045 and must
                                       record all pH measurements
                                       performed in accordance with the
                                       TCLP.
                                      2. Changes in Operating
                                       Conditions: If American Steel
                                       Cord significantly changes the
                                       manufacturing or treatment
                                       process or the chemicals used in
                                       the manufacturing or treatment
                                       process, American Steel Cord may
                                       handle the WWTP filter press
                                       sludge generated from the new
                                       process under this exclusion only
                                       after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.

[[Page 195]]

 
                                      3. Data Submittals: The data
                                       obtained through annual
                                       verification testing or
                                       compliance with paragraph 2 must
                                       be submitted to U.S. EPA Region
                                       5, 77 W. Jackson Blvd., Chicago,
                                       IL 60604-3590, within 60 days of
                                       sampling. Records of operating
                                       conditions and analytical data
                                       must be compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years and must be made
                                       available for inspection. All
                                       data must be accompanied by a
                                       signed copy of the certification
                                       statement in 260.22(I)(12).
                                      4. (a) If, anytime after disposal
                                       of the delisted waste, American
                                       Steel Cord possesses or is
                                       otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the health based
                                       level, then American Steel Cord
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. The facility
                                       shall have 10 days from the date
                                       of the Regional Administrator's
                                       notice to present such
                                       information.
                                      (d) Following the receipt of
                                       information from the facility
                                       described in paragraph (c) or (if
                                       no information is presented under
                                       paragraph (c) the initial receipt
                                       of information described in
                                       paragraph (a), the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
Ampex Recording    Opelika, Alabama.  Solvent recovery residues in the
 Media                                 powder or pellet form (EPA
 Corporation.                          Hazardous Waste Nos. F003 and
                                       F005) generated from the recovery
                                       of spent solvents from the
                                       manufacture of tape recording
                                       media (generated at a maximum
                                       annual rate of 1,000 cubic yards
                                       in the powder or pellet form)
                                       after August 9, 1993. In order to
                                       confirm that the characteristics
                                       of the wastes do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       of the waste (in its final form)
                                       for the constituents listed in 40
                                       CFR 261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to 40 CFR 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Alabama.
                                       Failure to maintain the required
                                       records on-site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.

[[Page 196]]

 
Aptus, Inc.......  Coffeyville,       Kiln residue and spray dryer/
                    Kansas.            baghouse residue (EPA Hazardous
                                       Waste No. F027) generated during
                                       the treatment of cancelled
                                       pesticides containing 2,4,5-T and
                                       Silvex and related materials by
                                       Aptus' incinerator at
                                       Coffeyville, Kansas after
                                       December 27, 1991, so long as:
                                      (1) The incinerator is monitored
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to
                                       comply with the permit conditions
                                       relevant to the mechanical
                                       operation of the incinerator,
                                       Aptus must test the residues
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)
                                       through (4), regardless of
                                       whether or not the demonstration
                                       in Condition (5) has been made.
                                      (2) A minimum of four grab samples
                                       must be taken from each hopper
                                       (or other container) of kiln
                                       residue generated during each 24-
                                       hour run; all grabs collected
                                       during a given 24-hour run must
                                       then be composited to form one
                                       composite sample. A minimum of
                                       four grab samples must also be
                                       taken from each hopper (or other
                                       container) of spray dryer/
                                       baghouse residue generated during
                                       each 24-hour run; all grabs
                                       collected during a given 24-hour
                                       run must then be composited to
                                       form one composite sample. Prior
                                       to the disposal of the residues
                                       from each 24-hour run, a TCLP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the TC
                                       toxic metals, nickel, and
                                       cyanide. If arsenic, chromium,
                                       lead or silver TC leachate test
                                       results exceed 1.6 ppm, barium
                                       levels exceed 32 ppm, cadmium or
                                       selenium levels exceed 0.3 ppm,
                                       mercury levels exceed 0.07 ppm,
                                       nickel levels exceed 10 ppm, or
                                       cyanide levels exceed 6.5 ppm,
                                       the wastes must be retreated to
                                       achieve these levels or must be
                                       disposed in accordance with
                                       subtitle C of RCRA. Analyses must
                                       be performed according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                      (3) Aptus must generate, prior to
                                       the disposal of the residues,
                                       verification data from each 24
                                       hour run for each treatment
                                       residue (i.e., kiln residue,
                                       spray dryer/baghouse residue) to
                                       demonstrate that the maximum
                                       allowable treatment residue
                                       concentrations listed below are
                                       not exceeded. Samples must be
                                       collected as specified in
                                       Condition (2). Analyses must be
                                       performed according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Any residues which exceed
                                       any of the levels listed below
                                       must be retreated or must be
                                       disposed of as hazardous. Kiln
                                       residue and spray dryer/baghouse
                                       residue must not exceed the
                                       following levels:
                                      Aldrin--0.015 ppm, Benzene--9.7
                                       ppm, Benzo(a)pyrene--0.43 ppm,
                                       Benzo(b)fluoranthene)--1.8 ppm,
                                       Chlordane--0.37 ppm, Chloroform--
                                       5.4 ppm, Chrysene--170 ppm,
                                       Dibenz(a,h)anthracene--0.083 ppm,
                                       1.2-Dichloroethane--4.1 ppm,
                                       Dichloromethane--2.4 ppm, 2,4-
                                       Dichlorophenol--480 ppm,
                                       Dichlorvos--260 ppm, Disulfaton--
                                       23 ppm, Endosulfan I--310 ppm,
                                       Fluorene--120 ppm,
                                       Indeno(1,2,3,cd)-pyrene--330 ppm,
                                       Methyl parathion--210 ppm,
                                       Nitrosodiphenylamine--130 ppm,
                                       Phenanthrene--150 ppm,
                                       Polychlorinated biphenyls--0.31
                                       ppm, Tetrachlorethylene--59 ppm,
                                       2,4,5-TP (silvex)--110 ppm, 2,4,6-
                                       Trichlorophenol--3.9 ppm.
                                      (4) Aptus must generate, prior to
                                       disposal of residues,
                                       verification data from each 24-
                                       hour run for each treatment
                                       residue (i.e., kiln residue,
                                       spray dryer/baghouse residue) to
                                       demonstrate that the residues do
                                       not contain tetra-, penta-, or
                                       hexachlorodibenzo-p-dioxins or
                                       furans at levels of regulatory
                                       concern. Samples must be
                                       collected as specified in
                                       Condition (2). The TCDD
                                       equivalent levels for the solid
                                       residues must be less than 5 ppt.
                                       Any residues with detected
                                       dioxins or furans in excess of
                                       this level must be retreated or
                                       must be disposed of as acutely
                                       hazardous. For tetra- and penta-
                                       chlorinated dioxin and furan
                                       homologs, the maximum practical
                                       quantitation limit must not
                                       exceed 15 ppt for the solid
                                       residues. For hexachlorinated
                                       dioxin and furan homologs, the
                                       maximum practical quantitation
                                       limit must not exceed 37 ppt for
                                       the solid residues.
                                      (5) The test data from Conditions
                                       (1), (2), (3), and (4) must be
                                       kept on file by Aptus for
                                       inspection purposes and must be
                                       compiled, summarized, and
                                       submitted to the Director for the
                                       Materials Recovery and Waste
                                       Management Division, Office of
                                       Resource Conservation and
                                       Recovery, by certified mail on a
                                       monthly basis and when the
                                       treatment of the cancelled
                                       pesticides and related materials
                                       is concluded. The testing
                                       requirements for Conditions (2),
                                       (3), and (4) will continue until
                                       Aptus provides the Director with
                                       the results of four consecutive
                                       batch analyses for the petitioned
                                       wastes, none of which exceed the
                                       maximum allowable levels listed
                                       in these conditions and the
                                       Director notifies Aptus that the
                                       conditions have been lifted. All
                                       data submitted will be placed in
                                       the RCRA public docket.
Arco Building      Sugarcreek, Ohio.  Dewatered wastewater treatment
 Products.                             sludge (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after August 15, 1986.
Arco Chemical Co.  Miami, FL........  Dewatered wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after April 29, 1986.

[[Page 197]]

 
Arkansas           Vertac Superfund   Kiln ash, cyclone ash, and calcium
 Department of      site,              chloride salts from incineration
 Pollution          Jacksonville,      of residues (EPA Hazardous Waste
 Control and        Arkansas.          No. F020 and F023) generated from
 Ecology.                              the primary production of 2,4,5-T
                                       and 2,4-D after August 24, 1990.
                                       This one-time exclusion applies
                                       only to the incineration of the
                                       waste materials described in the
                                       petition, and it is conditional
                                       upon the data obtained from
                                       ADPC&E's full-scale incineration
                                       facility. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment facility is in
                                       operation, ADPC&E must implement
                                       a testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                         (1) Testing: Sample collection
                                          and analyses (including
                                          quality control (QC)
                                          procedures) must be performed
                                          according to appropriate
                                          methods. As applicable to the
                                          method-defined parameters of
                                          concern, analyses requiring
                                          the use of SW-846 methods
                                          incorporated by reference in
                                          40 CFR 260.11 must be used
                                          without substitution. As
                                          applicable, the SW-846 methods
                                          might include Methods 0010,
                                          0011, 0020, 0023A, 0030, 0031,
                                          0040, 0050, 0051, 0060, 0061,
                                          1010A, 1020B, 1110A, 1310B,
                                          1311, 1312, 1320, 1330A,
                                          9010C, 9012B, 9040C, 9045D,
                                          9060A, 9070A (uses EPA Method
                                          1664, Rev. A), 9071B, and
                                          9095B.
                                           (A) Initial testing:
                                            Representative grab samples
                                            must be taken from each drum
                                            and kiln ash and cyclone ash
                                            generated from each 24 hours
                                            of operation, and the grab
                                            samples composited to form
                                            one composite sample of ash
                                            for each 24-hour period.
                                            Representative grab samples
                                            must also be taken from each
                                            drum of calcium chloride
                                            salts generated from each 24
                                            hours of operation and
                                            composited to form one
                                            composite sample of calcium
                                            chloride salts for each 24-
                                            hour period. The initial
                                            testing requirements must be
                                            fullfilled for the following
                                            wastes: (i) Incineration by-
                                            products generated prior to
                                            and during the incinerator's
                                            trial burn; (ii)
                                            incineration by-products
                                            from the treatment of 2,4-D
                                            wastes for one week (or 7
                                            days if incineration is not
                                            on consecutive days) after
                                            completion of the trial
                                            burn; (iii) incineration by-
                                            products from the treatment
                                            of blended 2,4-D and 2,4, 5-
                                            T wastes for two weeks (or
                                            14 days if incineration is
                                            not on consecutive days)
                                            after completion of the
                                            trial burn; and (iv)
                                            incineration by-products
                                            from the treatment of
                                            blended 2,4-D and 2,4,5-T
                                            wastes for one week (or 7
                                            days if incineration is not
                                            on consecutive days) when
                                            the percentage of 2, 4, 5-T
                                            wastes exceeds the maximum
                                            percentage treated under
                                            Condition (1)(A)(iii). Prior
                                            to disposal of the residues
                                            from each 24-hour sampling
                                            period, the daily composite
                                            must be analyzed for all the
                                            constituents listed in
                                            Condition (3). ADPC&E must
                                            report the analytical test
                                            data, including quality
                                            control information,
                                            obtained during this initial
                                            period no later than 90 days
                                            after the start of the
                                            operation.
                                           (B) Subsequent testing:
                                            Representative grab samples
                                            of each drum of kiln and
                                            cyclone ash generated from
                                            each week of operation must
                                            be composited to form one
                                            composite sample of ash for
                                            each weekly period.
                                            Representative grab samples
                                            of each drum of calcium
                                            chloride salts generated
                                            from each week of operation
                                            must also be composited to
                                            form one composite sample of
                                            calcium chloride salts for
                                            each weekly period.
                                           Prior to disposal of the
                                            residues from each weekly
                                            sampling period, the weekly
                                            composites must be analyzed
                                            for all of the constituents
                                            listed in Condition (3). The
                                            analytical data, including
                                            quality control information,
                                            must be compiled and
                                            maintained on site for a
                                            minimum of three years.
                                            These data must be furnished
                                            upon request and made
                                            available for inspection by
                                            any employee or
                                            representative of EPA.
                                         (2) Waste holding: The
                                          incineration residues that are
                                          generated must be stored as
                                          hazardous until the initial
                                          verification analyses or
                                          subsequent analyses are
                                          completed.
                                         If the composite incineration
                                          residue samples (from either
                                          Condition (1)(A) or Condition
                                          (1)(B)) do not exceed any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          corresponding to these samples
                                          may be managed and disposed of
                                          in accordance with all
                                          applicable solid waste
                                          regulations.
                                         If any composite incineration
                                          residue sample exceeds any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          generated during the time
                                          period corresponding to this
                                          sample must be retreated until
                                          they meet these levels
                                          (analyses must be repeated) or
                                          managed and disposed of in
                                          accordance with subtitle C of
                                          RCRA. Incineration residues
                                          which are generated but for
                                          which analysis is not complete
                                          or valid must be managed and
                                          disposed of in accordance with
                                          subtitle C of RCRA, until
                                          valid analyses demonstrate
                                          that the wastes meet the
                                          delisting levels.
                                         (3) Delisting levels: If
                                          concentrations in one or more
                                          of the incineration residues
                                          for any of the hazardous
                                          constituents listed below
                                          exceed their respective
                                          maximum allowable
                                          concentrations also listed
                                          below, the batch of failing
                                          waste must either be re-
                                          treated until it meets these
                                          levels or managed and disposed
                                          of in accordance with subtitle
                                          C of RCRA.
                                           (A) Inorganics (Leachable):
                                            Arsenic, 0.32 ppm; Barium,
                                            6.3 ppm; Cadmium, 0.06 ppm;
                                            Chromium, 0.32 ppm; Cyanide,
                                            4.4 ppm; Lead, 0.32 ppm;
                                            Mercury, 0.01 ppm; Nickel,
                                            4.4 ppm; Selenium, 0.06 ppm;
                                            Silver, 0.32 ppm. Metal
                                            concentrations must be
                                            measured in the waste
                                            leachate as per 40 CFR
                                            261.24. Cyanide extractions
                                            must be conducted using
                                            distilled water.

[[Page 198]]

 
                                           (B) Organics: Benzene, 0.87
                                            ppm; Benzo(a)anthracene,
                                            0.10 ppm; Benzo(a)pyrene,
                                            0.04 ppm; Benzo
                                            (b)fluoranthene, 0.16 ppm;
                                            Chlorobenzene, 152 ppm; o-
                                            Chlorophenol, 44 ppm;
                                            Chrysene, 15 ppm; 2, 4-D,
                                            107 ppm; DDE, 1.0 ppm;
                                            Dibenz(a,h)anthracene, 0.007
                                            ppm; 1, 4-Dichlorobenzene,
                                            265 ppm; 1, 1-
                                            Dichloroethylene, 1.3 ppm;
                                            trans-1,2-Dichloroethylene,
                                            37 ppm; Dichloromethane,
                                            0.23 ppm; 2,4-
                                            Dichlorophenol, 43 ppm;
                                            Hexachlorobenzene, 0.26 ppm;
                                            Indeno (1,2,3-cd) pyrene, 30
                                            ppm; Polychlorinated
                                            biphenyls, 12 ppm; 2,4,5-T,
                                            1 x 10\6\ ppm; 1,2,4,5-
                                            Tetrachlorobenzene, 56 ppm;
                                            Tetrachloroethylene, 3.4
                                            ppm; Trichloroethylene, 1.1
                                            ppm; 2,4,5-Trichlorophenol,
                                            21,000 ppm; 2,4,6-
                                            Trichlorophenol, 0.35 ppm.
                                           (C) Chlorinated dioxins and
                                            furans: 2,3,7,8-
                                            Tetrachlorodibenzo-p-dioxin
                                            equivalents, 4 x 10-7 ppm.
                                            The petitioned by-product
                                            must be analyzed for the
                                            tetra-, penta-, hexa-, and
                                            heptachlorodibenzo-p-
                                            dioxins, and the tetra-,
                                            penta-, hexa-, and
                                            heptachlorodibenzofurans to
                                            determine the 2, 3, 7, 8-
                                            tetra-chlorodibenzo-p-dioxin
                                            equivalent concentration.
                                            The analysis must be
                                            conducted using a
                                            measurement system that
                                            achieves practical
                                            quantitation limits of 15
                                            parts per trillion (ppt) for
                                            the tetra- and penta-
                                            homologs, and 37 ppt for the
                                            hexa- and hepta-homologs.
                                         (4) Termination of testing: Due
                                          to the possible variability of
                                          the incinerator feeds, the
                                          testing requirements of
                                          Condition (1)(B) will continue
                                          indefinitely.
                                         (5) Data submittals: Within one
                                          week of system start-up,
                                          ADPC&E must notify the Section
                                          Chief, Variances Section (see
                                          address below) when the full-
                                          scale incineration system is
                                          on-line and waste treatment
                                          has begun. The data obtained
                                          through Condition (1)(A) must
                                          be submitted to PSPD/OSW
                                          (5303W), U.S. EPA, 1200
                                          Pennsylvania Ave., NW.,
                                          Washington, DC 20460, within
                                          the time period specified. At
                                          the Section Chief's request,
                                          ADPC&E must submit analytical
                                          data obtained through
                                          Condition (1)(B) within the
                                          time period specified by the
                                          Section Chief. Failure to
                                          submit the required data
                                          obtained from Condition (1)(A)
                                          within the specified time
                                          period or to maintain the
                                          required records for the time
                                          specified in Condition (1)(B)
                                          (or to submit data within the
                                          time specified by the Section
                                          Chief) will be considered by
                                          the Agency, at its discretion,
                                          sufficient basis to revoke
                                          ADPC&E's exclusion to the
                                          extent directed by EPA. All
                                          data must be accompanied by
                                          the following certification
                                          statement:
                                         ``Under civil and criminal
                                          penalty of law for the making
                                          or submission of false or
                                          fraudulent statements or
                                          representations (pursuant to
                                          the applicable provisions of
                                          the Federal Code, which
                                          include, but may not be
                                          limited to, 18 U.S.C. 1001 and
                                          42 U.S.C. 6928), I certify
                                          that the information contained
                                          in or accompanying this
                                          document is true, accurate and
                                          complete. As to the (those)
                                          identified section(s) of this
                                          document for which I cannot
                                          personally verify its (their)
                                          truth and accuracy, I certify
                                          as the company official having
                                          supervisory responsibility for
                                          the persons who, acting under
                                          my direct instructions, made
                                          the verification that this
                                          information is true, accurate
                                          and complete. In the event
                                          that any of this information
                                          is determined by EPA in its
                                          sole discretion to be false,
                                          inaccurate or incomplete, and
                                          upon conveyance of this fact
                                          to the company, I recognize
                                          and agree that this exclusion
                                          of wastes will be void as if
                                          it never had effect or to the
                                          extent directed by EPA and
                                          that the company will be
                                          liable for any actions taken
                                          in contravention of the
                                          company's RCRA and CERCLA
                                          obligations premised upon the
                                          company's reliance on the void
                                          exclusion.''
AutoAlliance       Flat Rock,         Wastewater treatment sludges,
 International      Michigan.          F019, that are generated by
 Inc..                                 AutoAlliance International, Inc.
                                       (AAI) at Flat Rock, Michigan at a
                                       maximum annual rate of 2,000
                                       cubic yards per year. The sludges
                                       must be disposed of in a lined
                                       landfill with leachate collection
                                       which is licensed, permitted, or
                                       otherwise authorized to accept
                                       the delisted wastewater treatment
                                       sludges in accordance with 40 CFR
                                       part 258. The exclusion becomes
                                       effective as of April 6, 2007.
                                      (1) Delisting Levels: (A) The
                                       concentrations in a leachate
                                       extract of the waste measured in
                                       any sample must not exceed the
                                       following levels (mg/L): arsenic--
                                       0.3; cadmium--0.5; chromium--
                                       4.95; lead--5; nickel--90.5;
                                       selenium--1; tin--721; zinc--898;
                                       p-cresol--11.4; and formaldehyde--
                                       84.2.
                   .................  (B) The total concentration
                                       measured in any sample must not
                                       exceed the following levels (mg/
                                       kg): mercury--8.92; and
                                       formaldehyde--689.
                                      (2) Quarterly Verification
                                       Testing: To verify that the waste
                                       does not exceed the specified
                                       delisting levels, AAI must
                                       collect and analyze one
                                       representative sample of the
                                       waste on a quarterly basis.
                                       Sample collection and analyses,
                                       including quality control
                                       procedures, must be performed
                                       using appropriate methods. SW-846
                                       Method 1311 must be used for
                                       generation of the leachate
                                       extract used in the testing of
                                       the delisting levels if oil and
                                       grease comprise less than 1% of
                                       the waste. SW-846 Method 1330A
                                       must be used for generation of
                                       the leaching extract if oil and
                                       grease comprise 1% or more of the
                                       waste. SW-846 Method 9071B must
                                       be used for determination of oil
                                       and grease. SW-846 Methods 1311,
                                       1330A, and 9071B are incorporated
                                       by reference in 40 CFR 260.11.

[[Page 199]]

 
                                      (3) Changes in Operating
                                       Conditions: AAI must notify the
                                       EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process change significantly. AAI
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      (4) Data Submittals: AAI must
                                       submit the data obtained through
                                       verification testing or as
                                       required by other conditions of
                                       this rule to both U.S. EPA Region
                                       5, 77 W. Jackson Blvd., Chicago,
                                       IL 60604 and MDEQ, Waste and
                                       Hazardous Materials Division,
                                       Hazardous Waste Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. AAI must compile,
                                       summarize and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. AAI must
                                       make these records available for
                                       inspection. A signed copy of the
                                       certification statement in 40 CFR
                                       260.22(i)(12) must accompany all
                                       data.
                                      (5) Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste AAI possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level, or is
                                       in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (e),
                                       then AAI must report such data,
                                       in writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will inform AAI in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing AAI with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. AAI shall
                                       have 30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (D) If after 30 days AAI presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
                                      (E) Maximum Allowable Groundwater
                                       Concentrations ([micro]g/L):
                                       arsenic--5; cadmium--5; chromium--
                                       100; lead--15; nickel--750;
                                       selenium--50; tin--22,500; zinc--
                                       11,300; p-cresol--188; and
                                       formaldehyde--1,380.
BAE Systems, Inc,  Sealy, TX........  Filter Cake (EPA Hazardous Waste
                                       Number F019) generated at a
                                       maximum rate of 1,200 cubic yards
                                       per calendar year after April 15,
                                       2009.
                                      For the exclusion to be valid, BAE
                                       must implement a verification
                                       testing program that meets the
                                       following Paragraphs:
                                      (1) Delisting Levels: All
                                       concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      Filter Cake Leachable
                                       Concentrations (mg/l): Acetone--
                                       3211; Arsenic--0.052; Barium--
                                       100; Bis(2-ethylhexyl)phthalate--
                                       103; Cadmium--0.561; Chloroform--
                                       0.4924; Chromium--5.0; Copper--
                                       149; Cyanide--19; Furans--3.57;
                                       Hexavalent Chromium--5.0; Lead--
                                       3.57; Lindane--0.4; Methyl Ethyl
                                       Ketone--200; Nickel--82.2;
                                       Selenium--1.0; 2,4,5-TP (Silvex)--
                                       1.0; 2,4-D--6.65; Tin--9001;
                                       Tetrachlorodibenzo-p-dioxin--249;
                                       Tetrachloroethylene--0.125685;
                                       Zinc--1240.
                                      (2) Waste Holding and Handling:
                                      (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for filter cake has
                                       occurred for two consecutive
                                       quarterly sampling events.
                                      (B) If constituent levels in any
                                       sample taken by BAE exceed any of
                                       the delisting levels set in
                                       paragraph (1) for the filter
                                       cake, BAE must do the following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the filter
                                       cake as hazardous waste generated
                                       under Subtitle C of RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, BAE may perform quarterly
                                       analytical testing by sampling
                                       and analyzing the filter cake as
                                       follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the filter
                                       cake at quarterly intervals after
                                       EPA grants the final exclusion.
                                       The first composite samples may
                                       be taken at any time after EPA
                                       grants the final approval.
                                       Sampling must be performed in
                                       accordance with the sampling plan
                                       approved by EPA in support of the
                                       exclusion.

[[Page 200]]

 
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       filter cake must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, BAE will report its first
                                       quarterly analytical test data to
                                       EPA. If levels of constituents
                                       measured in the samples of the
                                       filter cake do not exceed the
                                       levels set forth in paragraph (1)
                                       of this exclusion for two
                                       consecutive quarters, BAE can
                                       manage and dispose the non-
                                       hazardous filter cake according
                                       to all applicable solid waste
                                       regulations.
                                      (B) Annual Testing:
                                      (i) If BAE completes the quarterly
                                       testing specified in paragraph
                                       (3) above and no sample contains
                                       a constituent at a level which
                                       exceeds the limits set forth in
                                       paragraph (1), BAE may begin
                                       annual testing as follows: BAE
                                       must test two representative
                                       composite samples of the filter
                                       cake for all constituents listed
                                       in paragraph (1) at least once
                                       per calendar year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B,1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that samples of the
                                       BAE filter cake are
                                       representative for all
                                       constituents listed in paragraph
                                       (1).
                                      (iii) The samples for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (iv) The annual testing report
                                       should include the total amount
                                       of waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions: If BAE significantly
                                       changes the process described in
                                       its petition or starts any
                                       processes that generate(s) the
                                       waste that may or could affect
                                       the composition or type of waste
                                       generated (by illustration, but
                                       not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing and it
                                       may no longer handle the wastes
                                       generated from the new process as
                                       non-hazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      BAE must submit a modification to
                                       the petition complete with full
                                       sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      BAE must submit the information
                                       described below. If BAE fails to
                                       submit the required data within
                                       the specified time or maintain
                                       the required records on-site for
                                       the specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (6). BAE must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, Corrective Action and
                                       Waste Minimization Section,
                                       Multimedia Planning and
                                       Permitting Division, U.S.
                                       Environmental Protection Agency
                                       Region 6, 1445 Ross Ave., Dallas,
                                       Texas 75202, within the time
                                       specified. All supporting data
                                       can be submitted on CD-ROM or
                                       some comparable electronic media.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either EPA or the State of
                                       Texas requests them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Reopener

[[Page 201]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste BAE possesses
                                       or is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       ground water monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified for
                                       the delisting verification
                                       testing is at level higher than
                                       the delisting level allowed by
                                       the Division Director in granting
                                       the petition, then the facility
                                       must report the data, in writing,
                                       to the Division Director within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph (1),
                                       BAE must report the data, in
                                       writing, to the Division Director
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If BAE fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Division Director will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires EPA action to protect
                                       human health and/or the
                                       environment. Further action may
                                       include suspending, or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If the Division Director
                                       determines that the reported
                                       information requires action by
                                       EPA, the Division Director will
                                       notify the facility in writing of
                                       the actions the Division Director
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing the
                                       facility with an opportunity to
                                       present information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Division
                                       Director will issue a final
                                       written determination describing
                                       EPA actions that are necessary to
                                       protect human health and/or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (7) Notification Requirements
                                      BAE Systems must do the following
                                       before transporting the delisted
                                       waste. Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and possible revocation
                                       of the decision.
Bayer Material     Baytown, TX......  Toluene Diisocyanate (TDI) Residue
 Science LLC.                          (EPA Hazardous Waste No. K027)
                                       generated at a maximum rate of
                                       9,780 cubic yards per calendar
                                       year after March 12, 2009.
                                      For the exclusion to be valid,
                                       Bayer must implement a
                                       verification testing program that
                                       meets the following Paragraphs:
                                      (1) Delisting Levels:
                                      All concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      TDI Residue Leachable
                                       Concentrations (mg/l): Arsenic--
                                       0.10, Barium--36.0;
                                       Chloromethane--6.06; Chromium--
                                       2.27; Cobalt--13.6; Copper--25.9;
                                       Cyanide--3.08;
                                       Dichlorophenoxyacetic acid--1.08;
                                       Diethyl phthalate--1000.0;
                                       Endrin--0.02; Lead--0.702;
                                       Nickel--13.5; ortho-
                                       dichlorobenzene--9.72; Selenium--
                                       0.89; Tin--22.5; Vanadium--0.976;
                                       Zinc--197.0; 2,4-Toluenediamine--
                                       0.0459; Toluene Diisocyanate--
                                       0.039.
                                      (2) Waste Holding and Handling:
                                      (A) Bayer must manage the TDI
                                       residue in a manner to ensure
                                       that the residues are offloaded
                                       safely and opportunities for
                                       chemical self-reaction and
                                       expansion are minimized. The TDI
                                       residue must be handled to ensure
                                       that contact with water is
                                       minimized.
                                      (B) Waste classification as non-
                                       hazardous cannot begin until
                                       compliance with the limits set in
                                       paragraph (1) for the TDI residue
                                       has occurred for two consecutive
                                       quarterly sampling events and the
                                       reports have been approved by
                                       EPA.
                                      (C) If constituent levels in any
                                       sample taken by Bayer exceed any
                                       of the delisting levels set in
                                       paragraph (1) for the TDI
                                       residue, Bayer must do the
                                       following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the TDI
                                       residue as hazardous waste
                                       generated under Subtitle C of
                                       RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, Bayer must perform
                                       quarterly analytical testing by
                                       sampling and analyzing the TDI
                                       residue as follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the TDI
                                       residue at quarterly intervals
                                       after EPA grants the final
                                       exclusion. The first composite
                                       samples may be taken at any time
                                       after EPA grants the final
                                       approval. Sampling should be
                                       performed in accordance with the
                                       sampling plan approved by EPA in
                                       support of the exclusion.

[[Page 202]]

 
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       TDI residue must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, Bayer will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       samples of the TDI residue do not
                                       exceed the levels set forth in
                                       paragraph (1) of this exclusion
                                       for two consecutive quarters,
                                       Bayer can manage and dispose the
                                       non-hazardous TDI residue
                                       according to all applicable solid
                                       waste regulations.
                                      (B) Annual Testing:
                                      (i) If Bayer completes the
                                       quarterly testing specified in
                                       paragraph (3) above and no sample
                                       contains a constituent at a level
                                       which exceeds the limits set
                                       forth in paragraph (1), Bayer can
                                       begin annual testing as follows:
                                       Bayer must test two
                                       representative composite samples
                                       of the TDI residue for all
                                       constituents listed in paragraph
                                       (1) at least once per calendar
                                       year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that samples of the
                                       Bayer spent carbon are
                                       representative for all
                                       constituents listed in paragraph
                                       (1).
                                      (iii) The samples for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (iv) The annual testing report
                                       must include the total amount of
                                       waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions:
                                      If Bayer significantly changes the
                                       process described in its petition
                                       or starts any process that
                                       generates the waste that may or
                                       could affect the composition or
                                       type of waste generated (by
                                       illustration, but not limitation,
                                       changes in equipment or operating
                                       conditions of the treatment
                                       process), it must notify EPA in
                                       writing and it may no longer
                                       handle the wastes generated from
                                       the new process as non-hazardous
                                       until the wastes meet the
                                       delisting levels set in paragraph
                                       (1) and it has received written
                                       approval to do so from EPA.
                                      Bayer must submit a modification
                                       to the petition complete with
                                       full sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      Bayer must submit the information
                                       described below. If Bayer fails
                                       to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       paragraph (6). Bayer must:
                                      (A) Submit the data obtained
                                       through paragraph 3 to the Chief,
                                       Corrective Action and Waste
                                       Minimization Section, Multimedia
                                       Planning and Permitting Division,
                                       U.S. Environmental Protection
                                       Agency Region 6, 1445 Ross Ave.,
                                       Dallas, Texas 75202, within the
                                       time specified. All supporting
                                       data can be submitted on CD-ROM
                                       or some comparable electronic
                                       media.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either EPA or the State of
                                       Texas requests them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted. ``Under
                                       civil and criminal penalty of law
                                       for the making or submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code, which include, but
                                       may not be limited to, 18 U.S.C.
                                       1001 and 42 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Reopener:

[[Page 203]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste Bayer
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, then the
                                       facility must report the data, in
                                       writing, to EPA within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph 1,
                                       Bayer must report the data, in
                                       writing, to EPA within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (C) If Bayer fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, EPA
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       action to protect human health
                                       and/or the environment. Further
                                       action may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If EPA determines that the
                                       reported information requires
                                       action, EPA will notify the
                                       facility in writing of the
                                       actions it believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information explaining why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of
                                       EPA's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), EPA will issue
                                       a final written determination
                                       describing the actions that are
                                       necessary to protect human health
                                       and/or the environment. Any
                                       required action described in
                                       EPA's determination shall become
                                       effective immediately, unless EPA
                                       provides otherwise.
                                      (7) Notification Requirements
                                      Bayer must do the following before
                                       transporting the delisted waste.
                                       Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
BBC Brown Boveri,  Sanford, FL......  Dewatered Wastewater treatment
 Inc..                                 sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       October 17, 1986.
Bekaert Corp.....  Dyersburg, TN....  Dewatered wastewater treatment
                                       plant (WWTP) sludge (EPA
                                       Hazardous Waste Nos. F006)
                                       generated at a maximum rate of
                                       1250 cubic yards per calendar
                                       year after May 27, 2004, and
                                       disposed in a Subtitle D
                                       landfill.
                                      For the exclusion to be valid,
                                       Bekaert must implement a
                                       verification testing program that
                                       meets the following paragraphs:
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the maximum allowable
                                       concentrations in mg/l specified
                                       in this paragraph. Bekaert must
                                       use the leaching method specified
                                       at 40 CFR 261.24 to measure
                                       constituents in the waste
                                       leachate.
                                      (A) Inorganic Constituents TCLP
                                       (mg/l): Cadmium--0.672; Chromium--
                                       5.0; Nickel--127; Zinc--1260.0.
                                      (B) Organic Constituents TCLP (mg/
                                       l): Methyl ethyl ketone--200.0.
                                      (2) Waste Holding and Handling:
                                      (A) Bekaert must accumulate the
                                       hazardous waste dewatered WWTP
                                       sludge in accordance with the
                                       applicable regulations of 40 CFR
                                       262.34 and continue to dispose of
                                       the dewatered WWTP sludge as
                                       hazardous waste.
                                      (B) Once the first quarterly
                                       sampling and analyses event
                                       described in paragraph (3) is
                                       completed and valid analyses
                                       demonstrate that no constituent
                                       is present in the sample at a
                                       level which exceeds the delisting
                                       levels set in paragraph (1),
                                       Bekaert can manage and dispose of
                                       the dewatered WWTP sludge as
                                       nonhazardous according to all
                                       applicable solid waste
                                       regulations.
                                      (C) If constituent levels in any
                                       sample taken by Bekaert exceed
                                       any of the delisting levels set
                                       in paragraph (1), Bekaert must do
                                       the following: (i) notify EPA in
                                       accordance with paragraph (7) and
                                       (ii) manage and dispose the
                                       dewatered WWTP sludge as
                                       hazardous waste generated under
                                       Subtitle C of RCRA.
                                      (D) Quarterly Verification Testing
                                       Requirements: Upon this exclusion
                                       becoming final, Bekaert may begin
                                       the quarterly testing
                                       requirements of paragraph (3) on
                                       its dewatered WWTP sludge.
                                      (3) Quarterly Testing
                                       Requirements: Upon this exclusion
                                       becoming final, Bekaert may
                                       perform quarterly analytical
                                       testing by sampling and analyzing
                                       the dewatered WWTP sludge as
                                       follows:

[[Page 204]]

 
                                      (A)(i) Collect four representative
                                       composite samples of the
                                       hazardous waste dewatered WWTP
                                       sludge at quarterly (ninety (90)
                                       day) intervals after EPA grants
                                       the final exclusion. The first
                                       composite sample may be taken at
                                       any time after EPA grants the
                                       final approval.
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any roll-offs from which the
                                       composite sample is taken
                                       exceeding the delisting levels
                                       listed in paragraph (1) must be
                                       disposed as hazardous waste in a
                                       Subtitle C landfill.
                                      (iii) Within forty-five (45) days
                                       after taking its first quarterly
                                       sample, Bekaert will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       sample of the dewatered WWTP
                                       sludge do not exceed the levels
                                       set forth in paragraph (1) of
                                       this exclusion, Bekaert can
                                       manage and dispose the
                                       nonhazardous dewatered WWTP
                                       sludge according to all
                                       applicable solid waste
                                       regulations.
                                      (4) Annual Testing:
                                      (A) If Bekaert completes the
                                       quarterly testing specified in
                                       paragraph (3) above and no sample
                                       contains a constituent with a
                                       level which exceeds the limits
                                       set forth in paragraph (1),
                                       Bekaert may begin annual testing
                                       as follows: Bekaert must test one
                                       representative composite sample
                                       of the dewatered WWTP sludge for
                                       all constituents listed in
                                       paragraph (1) at least once per
                                       calendar year.
                                      (B) The sample for the annual
                                       testing shall be a representative
                                       composite sample for all
                                       constituents listed in paragraph
                                       (1).
                                      (C) The sample for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (5) Changes in Operating
                                       Conditions: If Bekaert
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated as
                                       established under paragraph (1)
                                       (by illustration, but not
                                       limitation, changes in equipment
                                       or operating conditions of the
                                       treatment process), it must
                                       notify the EPA in writing; it may
                                       no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       the EPA.
                                      (6) Data Submittals: Bekaert must
                                       submit the information described
                                       below. If Bekaert fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, the EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (7). Bekaert must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, North Section, RCRA
                                       Enforcement and Compliance
                                       Branch, Waste Division, U. S.
                                       Environmental Protection Agency
                                       Region 4, 61 Forsyth Street, SW.,
                                       Atlanta, Georgia, 30303, within
                                       the time specified.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either the EPA or the State
                                       of Tennessee request them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. If any of this
                                       information is determined by the
                                       EPA in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by the EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (7) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste Bekaert
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within ten (10) days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph (1),
                                       Bekaert must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within ten (10) days of first
                                       possessing or being made aware of
                                       that data.

[[Page 205]]

 
                                      (C) If Bekaert fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires the
                                       EPA action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information requires
                                       action the EPA, the Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notification
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed the EPA action is not
                                       necessary. The facility shall
                                       have ten (10) days from the date
                                       of the Regional Administrator or
                                       his delegate's notice to present
                                       such information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the EPA
                                       actions that are necessary to
                                       protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (8) Notification Requirements:
                                       Bekaert must do following before
                                       transporting the delisted waste:
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, sixty (60)
                                       days before beginning such
                                       activities.
                                      (B) Update the one-time written
                                       notification if Bekaert ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Bethlehem Steel    Sparrows Point,    Stabilized filter cake (at a
 Corporation.       Maryland.          maximum annual rate of 1100 cubic
                                       yards) from the treatment of
                                       wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after [insert date of
                                       publication in Federal Register].
                                       Bethlehem Steel (BSC) must
                                       implement a testing program that
                                       meets the following conditions
                                       for the exclusion to be valid:
                                       (1) Testing: Sample collection
                                       and analyses (including quality
                                       control (QC) procedures) must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       If EPA judges the stabilization
                                       process to be effective under the
                                       conditions used during the
                                       initial verification testing, BSC
                                       may replace the testing required
                                       in Condition (1)(A) with the
                                       testing required in Condition
                                       (1)(B). BSC must continue to test
                                       as specified in Condition (1)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (1)(A) may be replaced
                                       by Condition (1)(B) (to the
                                       extent directed by EPA).
                                       (A) Initial Verification Testing:
                                       During at least the first eight
                                       weeks of operation of the full-
                                       scale treatment system, BSC must
                                       collect and analyze weekly
                                       composites representative of the
                                       stabilized waste. Weekly
                                       composites must be composed of
                                       representative grab samples
                                       collected from every batch during
                                       each week of stabilization. The
                                       composite samples must be
                                       collected and analyzed, prior to
                                       the disposal of the stabilized
                                       filter cake, for all constituents
                                       listed in Condition (3). BSC must
                                       report the analytical test data,
                                       including a record of the ratios
                                       of lime kiln dust and fly ash
                                       used and quality control
                                       information, obtained during this
                                       initial period no later than 60
                                       days after the collection of the
                                       last composite of stabilized
                                       filter cake.
                                       (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, BSC may
                                       substitute the testing condition
                                       in (1)(B) for (1)(A). BSC must
                                       collect and analyze at least one
                                       composite representative of the
                                       stabilized filter cake generated
                                       each month. Monthly composites
                                       must be comprised of
                                       representative samples collected
                                       from all batches that are
                                       stabilized in a one-month period.
                                       The monthly samples must be
                                       analyzed prior to the disposal of
                                       the stabilized filter cake for
                                       chromium, lead and nickel. BSC
                                       may, at its discretion, analyze
                                       composite samples more frequently
                                       to demonstrate that smaller
                                       batches of waste are non-
                                       hazardous.
                                       (C) Annual Verification Testing:
                                       In order to confirm that the
                                       characteristics of the treated
                                       waste do not change
                                       significantly, BSC must, on an
                                       annual basis, analyze a
                                       representative composite sample
                                       of stabilized filter cake for all
                                       TC constituents listed in 40 CFR
                                       Sec.  261.24 using the method
                                       specified therein. This composite
                                       sample must represent the
                                       stabilized filter cake generated
                                       over one week.

[[Page 206]]

 
                                       (2) Waste Holding and Handling:
                                       BSC must store, as hazardous, all
                                       stabilized filter cake generated
                                       until verification testing (as
                                       specified in Conditions (1)(A)
                                       and (1)(B)) is completed and
                                       valid analyses demonstrate that
                                       the delisting levels set forth in
                                       Condition (3) are met. If the
                                       levels of hazardous constituents
                                       measured in the samples of
                                       stabilized filter cake generated
                                       are below all the levels set
                                       forth in Condition (3), then the
                                       stabilized filter cake is non-
                                       hazardous and may be managed and
                                       disposed of in accordance with
                                       all applicable solid waste
                                       regulations. If hazardous
                                       constituent levels in any weekly
                                       or monthly composite sample equal
                                       or exceed any of the delisting
                                       levels set in Condition (3), the
                                       stabilized filter cake generated
                                       during the time period
                                       corresponding to this sample must
                                       be retreated until it is below
                                       these levels or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.
                                       (3) Delisting Levels: All
                                       concentrations must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR Sec.
                                       261.24. The leachable
                                       concentrations for the
                                       constituents must be below the
                                       following levels (ppm): arsenic--
                                       4.8; barium--100; cadmium--0.48;
                                       chromium--5.0; lead--1.4;
                                       mercury--0.19; nickel--9.6;
                                       selenium--1.0; silver--5.0.
                                       (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification test period
                                       in Condition (1)(A), if BSC
                                       decides to significantly change
                                       the stabilization process (e.g.,
                                       stabilization reagents) developed
                                       under Condition (1), then BSC
                                       must notify EPA in writing prior
                                       to instituting the change. After
                                       written approval by EPA, BSC may
                                       manage waste generated from the
                                       changed process as non-hazardous
                                       under this exclusion, provided
                                       the other conditions of this
                                       exclusion are fulfilled.
                                       (5) Data Submittals: Two weeks
                                       prior to system start-up, BSC
                                       must notify in writing (see
                                       address below) when stabilization
                                       of the dewatered filter cake will
                                       begin. The data obtained through
                                       Condition (1)(A) must be
                                       submitted to Waste and Chemicals
                                       Management Division (Mail Code
                                       3HW11), U.S. EPA Region III, 1650
                                       Arch St., Philadelphia, PA 19103
                                       within the time period specified.
                                       The analytical data, including
                                       quality control information and
                                       records of ratios of lime kiln
                                       dust and fly ash used, must be
                                       compiled and maintained on site
                                       for a minimum of five years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by EPA or the State of
                                       Maryland. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C Sec.  1001
                                       and 42 U.S.C Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                       As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                       In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
BMW Manufacturing  Greer, South       Wastewater treatment sludge (EPA
 Co., LLC.          Carolina.          Hazardous Waste No. F019) that
                                       BMW Manufacturing Corporation
                                       (BMW) generates by treating
                                       wastewater from automobile
                                       assembly plant located on Highway
                                       101 South in Greer, South
                                       Carolina. This is a conditional
                                       exclusion for up to 2,850 cubic
                                       yards of waste (hereinafter
                                       referred to as ``BMW Sludge'')
                                       that will be generated each year
                                       and disposed in a Subtitle D
                                       landfill after August 31, 2005.
                                       With prior approval by the EPA,
                                       following a public comment
                                       period, BMW may also beneficially
                                       reuse the sludge. BMW must
                                       demonstrate that the following
                                       conditions are met for the
                                       exclusion to be valid.
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       these metals and cyanide must not
                                       exceed the following levels
                                       (ppm): Barium-100; Cadmium-1;
                                       Chromium-5; Cyanide-33.6, Lead-5;
                                       and Nickel-70.3. These metal and
                                       cyanide concentrations must be
                                       measured in the waste leachate
                                       obtained by the method specified
                                       in 40 CFR 261.24, except that for
                                       cyanide, deionized water must be
                                       the leaching medium. Cyanide
                                       concentrations in waste or
                                       leachate must be measured by the
                                       method specified in 40 CFR
                                       268.40, Note 7.

[[Page 207]]

 
                                      (2) Annual Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A, (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       Methods must meet Performance
                                       Based Measurement System Criteria
                                       in which the Data Quality
                                       Objectives are to demonstrate
                                       that representative samples of
                                       the BMW Sludge meet the delisting
                                       levels in Condition (1). (A)
                                       Annual Verification Testing: BMW
                                       must implement an annual testing
                                       program to demonstrate that
                                       constituent concentrations
                                       measured in the TCLP extract do
                                       not exceed the delisting levels
                                       established in Condition (1).
                                      (3) Waste Holding and Handling:
                                       BMW must hold sludge containers
                                       utilized for verification
                                       sampling until composite sample
                                       results are obtained. If the
                                       levels of constituents measured
                                       in the composite samples of BMW
                                       Sludge do not exceed the levels
                                       set forth in Condition (1), then
                                       the BMW Sludge is non-hazardous
                                       and must be managed in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a composite sample
                                       exceed any of the delisting
                                       levels set forth in Condition
                                       (1), the batch of BMW Sludge
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      (4) Changes in Operating
                                       Conditions: BMW must notify EPA
                                       in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are implemented. EPA will
                                       determine whether these changes
                                       will result in additional
                                       constituents of concern. If so,
                                       EPA will notify BMW in writing
                                       that the BMW Sludge must be
                                       managed as hazardous waste F019
                                       until BMW has demonstrated that
                                       the wastes meet the delisting
                                       levels set forth in Condition (1)
                                       and any levels established by EPA
                                       for the additional constituents
                                       of concern, and BMW has received
                                       written approval from EPA. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify BMW, in writing, that BMW
                                       must verify that the BMW Sludge
                                       continues to meet Condition (1)
                                       delisting levels.
                                      (5) Data Retention: Records of
                                       analytical data from Condition
                                       (2) must be compiled, summarized,
                                       and maintained by BMW for a
                                       minimum of three years, and must
                                       be furnished upon request by EPA
                                       or the State of South Carolina,
                                       and made available for
                                       inspection. Failure to maintain
                                       the required records for the
                                       specified time will be considered
                                       by EPA, at its discretion,
                                       sufficient basis to revoke the
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      (6) Reopener Language: (A) If, at
                                       any time after disposal of the
                                       delisted waste, BMW possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, BMW must
                                       report the data, in writing, to
                                       EPA and South Carolina within 10
                                       days of first possessing or being
                                       made aware of that data. (B) If
                                       the testing of the waste, as
                                       required by Condition (2)(A),
                                       does not meet the delisting
                                       requirements of Condition (1),
                                       BMW must report the data, in
                                       writing, to EPA and South
                                       Carolina within 10 days of first
                                       possessing or being made aware of
                                       that data. (C) Based on the
                                       information described in
                                       paragraphs (6)(A) or (6)(B) and
                                       any other information received
                                       from any source, EPA will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires that EPA take action to
                                       protect human health or the
                                       environment. Further action may
                                       include suspending or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment. (D) If EPA
                                       determines that the reported
                                       information does require Agency
                                       action, EPA will notify the
                                       facility in writing of the action
                                       believed necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing BMW
                                       with an opportunity to present
                                       information as to why the
                                       proposed action is not necessary.
                                       BMW shall have 10 days from the
                                       date of EPA's notice to present
                                       such information. (E) Following
                                       the receipt of information from
                                       BMW, as described in paragraph
                                       (6)(D), or if no such information
                                       is received within 10 days, EPA
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment, given the
                                       information received in
                                       accordance with paragraphs (6)(A)
                                       or (6)(B). Any required action
                                       described in EPA's determination
                                       shall become effective
                                       immediately, unless EPA provides
                                       otherwise.
                                      (7) Notification Requirements: BMW
                                       must provide a one-time written
                                       notification to any State
                                       Regulatory Agency in a State to
                                       which or through which the
                                       delisted waste described above
                                       will be transported, at least 60
                                       days prior to the commencement of
                                       such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting conditions and a
                                       possible revocation of the
                                       decision to delist.
Boeing Commercial  Auburn,            Residually contaminated soils in
 Airplane Co..      Washington.        an inactive sludge pile
                                       containment area on March 27,
                                       1990, previously used to store
                                       wastewater treatment sludges
                                       generated from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006).

[[Page 208]]

 
Bommer Industries  Landrum, SC......  Wastewater treatment sludges (EPA
 Inc..                                 Hazardous Waste No. F006)
                                       generated from their
                                       electroplating operations and
                                       contained in evaporation ponds
                                       1 and 2 on
                                       August 12, 1987.
BWX] Technologies  Lynchburg, VA....  Wastewater treatment sludge from
                                       electroplating operations (EPA
                                       Hazardous Waste No. F006)
                                       generated at a maximum annual
                                       rate of 500 cubic yards per year,
                                       after January 14, 2000, and
                                       disposed of in a Subtitle D
                                       landfill. BWX Technologies must
                                       meet the following conditions for
                                       the exclusion to be valid:
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       following constituents measure
                                       using the SW-846 method 1311 (the
                                       TCLP) must not exceed the
                                       following levels (mg/l). (a)
                                       Inorganic constituents--Antimony-
                                       0.6; Arsenic-5.0; Barium-100;
                                       Beryllium-0.4; Cadmium-0.5;
                                       Chromium-5.0; Cobalt-210; Copper-
                                       130; Lead-1.5; Mercury-0.2;
                                       Nickel-70; Silver-5.0; Thallium-
                                       0.2; Tin-2100; Zinc-1000;
                                       Fluoride-400. (b) Organic
                                       constituents--Acetone-400;
                                       Methylene Chloride-0.5.
                                      (2) Verification testing schedule:
                                       BWX Technologies must analyze a
                                       representative sample of the
                                       filter cake from the pickle acid
                                       treatment system on an annual,
                                       calendar year basis using methods
                                       with appropriate detection levels
                                       and quality control procedures.
                                       If the level of any constituent
                                       measured in the sample of filter
                                       cake exceeds the levels set forth
                                       in Paragraph 1, then the waste is
                                       hazardous and must be managed in
                                       accordance with Subtitle C of
                                       RCRA. Data from the annual
                                       verification testing must be
                                       submitted to EPA within 60 days
                                       of the sampling event.
                                      (3) Changes in Operating
                                       Conditions: If BWX Technologies
                                       significantly changes the
                                       manufacturing or treatment
                                       process described in the
                                       petition, or the chemicals used
                                       in the manufacturing or treatment
                                       process, BWX Technologies may not
                                       manage the filter cake generated
                                       from the new process under this
                                       exclusion until it has met the
                                       following conditions: (a) BWX
                                       Technologies must demonstrate
                                       that the waste meets the
                                       delisting levels set forth in
                                       Paragraph 1; (b) it must
                                       demonstrate that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced into the manufacturing
                                       or treatment process: and (c) it
                                       must obtain prior written
                                       approval from EPA to manage the
                                       waste under this exclusion.
                                      (4) Data Submittals: The data
                                       obtained under Paragraphs 2 and 3
                                       must be submitted to The Waste
                                       and Chemicals Management
                                       Division, U.S. EPA Region III,
                                       1650 Arch Street, Philadelphia,
                                       PA 19103. Records of operating
                                       conditions and analytical data
                                       must be compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years and must be
                                       furnished upon request by EPA or
                                       the Commonwealth of Virginia, and
                                       made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or to maintain the
                                       required records on site for the
                                       specified time period will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent determined necessary by
                                       EPA. All data must be accompanied
                                       by a signed copy of the
                                       certification statement set forth
                                       in 40 CFR 260.22(i)(12) to attest
                                       to the truth and accuracy of the
                                       data submitted.
                                      (5) Reopener:
                                      (a) If BWX Technologies discovers
                                       that a condition at the facility
                                       or an assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then BWX
                                       Technologies must report any
                                       information relevant to that
                                       condition, in writing, to the
                                       Regional Administrator or his
                                       delegate within 10 days of
                                       discovering that condition.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator or his delegate
                                       will determine whether the
                                       reported condition requires
                                       further action. Further action
                                       may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (6) Notification Requirements: BWX
                                       Technologies must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which the delisted
                                       waste described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       be deemed to be a violation of
                                       this exclusion and may result in
                                       a revocation of the decision.
Capitol Products   Harrisburg, PA...  Dewatered wastewater treatment
 Corp..                                sludges (EPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.
Capitol Products   Kentland, IN.....  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after November 17, 1986.
Care Free          Charlotte,         Wastewater treatment sludge (EPA
 Aluminum           Michigan.          Hazardous Waste No. F019)
 Products, Inc..                       generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 100 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Michigan.
                                       Failure to maintain the required
                                       records on-site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.

[[Page 209]]

 
Chamberlian-       Hot Springs, AR..  Dewatered wastewater treatment
 Featherlite,                          sludges (EPA Hazardous Waste No.
 Inc..                                 F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.
Cincinnati         Cincinnati, OH...  Sluiced bottom ash (approximately
 Metropolitan                          25,000 cubic yards) contained in
 Sewer District.                       the South Lagoon, on September
                                       13, 1985 which contains EPA
                                       Hazardous Waste Nos. F001, F002,
                                       F003, F004, and F005.
Clay Equipment     Cedar Falls, Iowa  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F006) and spent cyanide bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations and
                                       disposed of in an on-site surface
                                       impoundment. This is a onetime
                                       exclusion. This exclusion was
                                       published on August 1, 1989.
Continental Can    Olympia, WA......  Dewatered wastewater treatment
 Co..                                  sludges (DPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.
Cooper Crouse-     Amarillo, TX.....  Wastewater Treatment Sludge
 Hinds.                                (Hazardous Waste No. F006)
                                       generated at a maximum annual
                                       rate of 816 cubic yards per
                                       calendar year after April 15,
                                       2009 and disposed in Subtitle D
                                       Landfill.
                                      For the exclusion to be valid,
                                       Cooper Crouse-Hinds must
                                       implement a verification testing
                                       program that meets the following
                                       Paragraphs:
                                      (1) Delisting Levels: All
                                       concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      WWTP Sludge Leachable
                                       Concentrations (mg/l):
                                         (i) Inorganic Constituents:
                                         Arsenic-0.0759; Barium-100;
                                          Cadmium-0.819; Copper-216;
                                          Iron-1.24; Manganese-145;
                                          Nickel-119; Zinc-18.
                                         (ii) Organic Constituents:
                                         Benzene-0.5.
                                      (2) Waste Holding and Handling:
                                      (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for WWTP sludge has
                                       occurred for two consecutive
                                       quarterly sampling events.
                                      (B) If constituent levels in any
                                       sample taken by Cooper Crouse-
                                       Hinds exceed any of the delisting
                                       levels set in paragraph (1) for
                                       the WWTP sludge, Cooper Crouse-
                                       Hinds must do the following:
                                         (i) Notify EPA in accordance
                                          with paragraph (6) and
                                         (ii) Manage and dispose WWTP
                                          sludge as hazardous waste
                                          generated under Subtitle C of
                                          RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, Cooper Crouse-Hinds may
                                       perform quarterly analytical
                                       testing by sampling and analyzing
                                       the WWTP sludge as follows:
                                      (A) Quarterly Testing:
                                         (i) Collect two representative
                                          composite samples of the
                                          sludge at quarterly intervals
                                          after EPA grants the final
                                          exclusion. The first composite
                                          samples may be taken at any
                                          time after EPA grants the
                                          final approval. Sampling must
                                          be performed in accordance
                                          with the sampling plan
                                          approved by EPA in support of
                                          the exclusion.
                                         (ii) Analyze the samples for
                                          all constituents listed in
                                          paragraph (1). Any composite
                                          sample taken that exceeds the
                                          delisting levels listed in
                                          paragraph (1) for the sludge
                                          must be disposed as hazardous
                                          waste in accordance with the
                                          applicable hazardous waste
                                          requirements.
                                         (iii) Within thirty (30) days
                                          after taking its first
                                          quarterly sample, Cooper
                                          Crouse-Hinds will report its
                                          first quarterly analytical
                                          test data to EPA. If levels of
                                          constituents measured in the
                                          samples of the sludge do not
                                          exceed the levels set forth in
                                          paragraph (1) of this
                                          exclusion for two consecutive
                                          quarters, Cooper Crouse-Hinds
                                          can manage and dispose the non-
                                          hazardous WWTP sludge
                                          according to all applicable
                                          solid waste regulations.
                                      (B) Annual Testing:
                                         (i) If Cooper Crouse-Hinds
                                          completes the quarterly
                                          testing specified in paragraph
                                          (3) above and no sample
                                          contains a constituent at a
                                          level which exceeds the limits
                                          set forth in paragraph (1),
                                          Cooper Crouse-Hinds may begin
                                          annual testing as follows:
                                          Cooper Crouse-Hinds must test
                                          two representative composite
                                          samples of the WWTP sludge for
                                          all constituents listed in
                                          paragraph (1) at least once
                                          per calendar year.
                                         (ii) The samples for the annual
                                          testing shall be a
                                          representative composite
                                          sample according to
                                          appropriate methods. As
                                          applicable to the method-
                                          defined parameters of concern,
                                          analyses requiring the use of
                                          SW-846 methods incorporated by
                                          reference in 40 CFR 260.11
                                          must be used without
                                          substitution. As applicable,
                                          the SW-846 methods might
                                          include Methods 0010, 0011,
                                          0020, 0023A, 0030, 0031, 0040,
                                          0050, 0051, 0060, 0061, 1010A,
                                          1020B,1110A, 1310B, 1311,
                                          1312, 1320, 1330A, 9010C,
                                          9012B, 9040C, 9045D, 9060A,
                                          9070A (uses EPA Method 1664,
                                          Rev. A), 9071B, and 9095B.
                                          Methods must meet Performance
                                          Based Measurement System
                                          Criteria in which the Data
                                          Quality Objectives are to
                                          demonstrate that samples of
                                          the WWTP sludge is
                                          representative for all
                                          constituents listed in
                                          paragraph (1).

[[Page 210]]

 
                                         (iii) The samples for the
                                          annual testing taken for the
                                          second and subsequent annual
                                          testing events shall be taken
                                          within the same calendar month
                                          as the first annual sample
                                          taken.
                                         (iv) The annual testing report
                                          should include the total
                                          amount of delisted waste in
                                          cubic yards disposed as non-
                                          hazardous waste during the
                                          calendar year.
                                      (4) Changes in Operating
                                       Conditions: If Cooper Crouse-
                                       Hinds significantly changes the
                                       process described in its petition
                                       or starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated (by
                                       illustration, but not limitation,
                                       changes in equipment or operating
                                       conditions of the treatment
                                       process), it must notify EPA in
                                       writing and it may no longer
                                       handle the wastes generated from
                                       the new process as non-hazardous
                                       until the wastes meet the
                                       delisting levels set in paragraph
                                       (1) and it has received written
                                       approval to do so from EPA.
                                      Cooper Crouse-Hinds must submit a
                                       modification to the petition,
                                       complete with full sampling and
                                       analysis, for circumstances where
                                       the waste volume changes and/or
                                       additional waste codes are added
                                       to the waste stream, if it wishes
                                       to dispose of the material as non-
                                       hazardous.
                                      (5) Data Submittals:
                                      Cooper Crouse-Hinds must submit
                                       the information described below.
                                       If Cooper Crouse-Hinds fails to
                                       submit the required data within
                                       the specified time or maintain
                                       the required records on-site for
                                       the specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (6). Cooper Crouse-
                                       Hinds must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, Corrective Action and
                                       Waste Minimization Section,
                                       Multimedia Planning and
                                       Permitting Division, U. S.
                                       Environmental Protection Agency
                                       Region 6, 1445 Ross Ave., Dallas,
                                       Texas, 75202, within the time
                                       specified. All supporting data
                                       can be submitted on CD-ROM or
                                       comparable electronic media.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either EPA or the State of
                                       Texas requests them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      ``As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      ``If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Re-opener:
                                      (A) If, anytime after disposal of
                                       the delisted waste Cooper Crouse-
                                       Hinds possesses or is otherwise
                                       made aware of any environmental
                                       data (including but not limited
                                       to leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Division Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Division Director within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph (1),
                                       Cooper Crouse-Hinds must report
                                       the data, in writing, to the
                                       Division Director within 10 days
                                       of first possessing or being made
                                       aware of that data.
                                      (C) If Cooper Crouse-Hinds fails
                                       to submit the information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B) or if any other
                                       information is received from any
                                       source, the Division Director
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires EPA
                                       action to protect human health
                                       and/or the environment. Further
                                       action may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If the Division Director
                                       determines that the reported
                                       information requires action by
                                       EPA, the Division Director will
                                       notify the facility in writing of
                                       the actions the Division Director
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing the
                                       facility with an opportunity to
                                       present information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.

[[Page 211]]

 
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Division
                                       Director will issue a final
                                       written determination describing
                                       EPA actions that are necessary to
                                       protect human health and/or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (7) Notification Requirements:
                                      Cooper Crouse-Hinds must do the
                                       following before transporting the
                                       delisted waste. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
DaimlerChrysler    Jefferson North    Waste water treatment plant
 Corporation.       Assembly Plant,    sludge, F019, that is generated
                    Detroit,           by DaimlerChrysler Corporation at
                    Michigan.          the Jefferson North Assembly
                                       Plant (DCC-JNAP) at a maximum
                                       annual rate of 2,000 cubic yards
                                       per year. The sludge must be
                                       disposed of in a lined landfill
                                       with leachate collection, which
                                       is licensed, permitted, or
                                       otherwise authorized to accept
                                       the delisted wastewater treatment
                                       sludge in accordance with 40 CFR
                                       part 258. The exclusion becomes
                                       effective as of February 26,
                                       2004.
                                      1. Delisting Levels: (A) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; Acetone--228; p-
                                       Cresol--11.4; Formaldehyde--84.2;
                                       and Methylene chloride--0.288.
                                       (B) The total concentrations
                                       measured in any sample may not
                                       exceed the following levels (mg/
                                       kg): Mercury--8.92; and
                                       Formaldehyde--689. (C) The sum of
                                       the ratios of the TCLP
                                       concentrations to the delisting
                                       levels for nickel and either
                                       thallium or cadmium shall not
                                       exceed 1.0.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, DCC-JNAP must collect and
                                       analyze one representative sample
                                       of the waste on a quarterly
                                       basis.
                                      3. Changes in Operating
                                       Conditions: DCC-JNAP must notify
                                       the EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process significantly change. DCC-
                                       JNAP must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: DCC-JNAP must
                                       submit the data obtained through
                                       verification testing or as
                                       required by other conditions of
                                       this rule to both U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, DCC-JNAP
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       is at a level in the leachate
                                       higher than the specified
                                       delisting level, or is in the
                                       groundwater at a concentration
                                       higher than the maximum allowable
                                       groundwater concentration in
                                       paragraph (e), then DCC-JNAP must
                                       report such data, in writing, to
                                       the Regional Administrator within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify DCC-
                                       JNAP in writing of the actions
                                       the Regional Administrator
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing DCC-
                                       JNAP with an opportunity to
                                       present information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. DCC-JNAP
                                       shall have 30 days from the date
                                       of the Regional Administrator's
                                       notice to present the
                                       information.

[[Page 212]]

 
                                      (d) If after 30 days the facility
                                       presents no further information,
                                       the Regional Administrator will
                                       issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (e) Maximum Allowable Groundwater
                                       Concentrations ([micro]g/L):
                                       Antimony--6; Arsenic--4.87;
                                       Cadmium--5; Chromium--100; Lead--
                                       15; Nickel--750; Selenium--50;
                                       Thallium--2; Tin--22,500; Zinc--
                                       11,300; acetone--3,750; p-Cresol--
                                       188; Formaldehyde--1,380; and
                                       Methylene chloride--5.
Dover Corp.,       Tulsa, OK........  Dewatered wastewater treatment
 Norris Div..                          sludge (EPA Hazardous Waste No.
                                       FO06) generated from their
                                       electroplating operations after
                                       April 29, 1986.
DuraTherm,         San Leon, Texas..  Desorber solids, (at a maximum
 Incorporated.                         generation of 20,000 cubic yards
                                       per calendar year) generated by
                                       DuraTherm using the thermal
                                       desorption treatment process,
                                       (EPA Hazardous Waste No. F037 and
                                       F038) and that is disposed of in
                                       subtitle D landfills after April
                                       24, 2000.
                                      For the exclusion to be valid,
                                       DuraTherm must implement a
                                       testing program that meets the
                                       following Paragraphs:
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the following levels
                                       (ppm). The petitioner must use an
                                       acceptable leaching method, for
                                       example SW-846, Method 1311 to
                                       measure constituents in the waste
                                       leachate.
                                      Desorber solids (i) Inorganic
                                       Constituents Arsenic--1.35;
                                       Antimony--0.162; Barium--54.0;
                                       Beryllium--0.108; Cadmium--0.135;
                                       Chromium--0.6; Lead--0.405;
                                       Nickel--2.7; Selenium--1.0;
                                       Silver--5.0; Vanadium--5.4; Zinc--
                                       270.
                                      (ii) Organic Constituents
                                       Anthracene--0.28; Benzene--0.135;
                                       Benzo(a) anthracene--0.059;
                                       Benzo(b)fluoranthene--0.11;
                                       Benzo(a)pyrene--0.061; Bis-
                                       ethylhexylphthalate--0.28; Carbon
                                       Disulfide--3.8; Chlorobenzene--
                                       0.057; Chrysene--0.059; o,m,p
                                       Cresols--54; Dibenzo (a,h)
                                       anthracene--0.055; 2,4 Dimethyl
                                       phenol--18.9; Dioctyl phthalate--
                                       0.017; Ethylbenzene--0.057;
                                       Fluoranthene--0.068; Fluorene--
                                       0.059; Naphthalene--0.059;
                                       Phenanthrene--0.059; Phenol--6.2;
                                       Pyrene--0.067; Styrene--2.7;
                                       Trichloroethylene--0.054;
                                       Toluene--0.08; Xylene--0.032
                                      (2) Waste Holding and Handling:
                                       (A) DuraTherm must store the
                                       desorber solids as described in
                                       its RCRA permit, or continue to
                                       dispose of as hazardous all
                                       desorber solids generated, until
                                       they have completed verification
                                       testing described in Paragraph
                                       (3)(A) and (B), as appropriate,
                                       and valid analyses show that
                                       paragraph (1) is satisfied.
                                      (B) In order to isolate wastes
                                       that have been processed in the
                                       unit prior to one of the waste
                                       codes to be delisted, DuraTherm
                                       must designate the first batch of
                                       F037, F038, K048, K049, K050, or
                                       K051 wastes as hazardous.
                                       Subsequent batches of these
                                       wastes which satisfy paragraph
                                       (1) are eligible for delisting if
                                       they meet the criteria in
                                       paragraph (1) and no additional
                                       constituents (other than those of
                                       the delisted waste streams) from
                                       the previously processed wastes
                                       are detected.
                                      (C) Levels of constituents
                                       measured in the samples of the
                                       desorber solids that do not
                                       exceed the levels set forth in
                                       Paragraph (1) are nonhazardous.
                                       DuraTherm can manage and dispose
                                       the nonhazardous desorber solids
                                       according to all applicable solid
                                       waste regulations.
                                      (D) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), DuraTherm must retreat or
                                       stabilize the batches of waste
                                       used to generate the
                                       representative sample until it
                                       meets the levels in paragraph(1).
                                       DuraTherm must repeat the
                                       analyses of the treated waste.
                                      (E) If the facility has not
                                       treated the waste, DuraTherm must
                                       manage and dispose the waste
                                       generated under subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: DuraTherm must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. If EPA judges the process
                                       to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       DuraTherm may replace the testing
                                       required in Paragraph (3)(A) with
                                       the testing required in Paragraph
                                       (3)(B). DuraTherm must continue
                                       to test as specified in Paragraph
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Paragraph (3)(A) may be replaced
                                       by Paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, DuraTherm must do the
                                       following:
                                      (i) Collect and analyze composites
                                       of the desorber solids.
                                      (ii) Make two composites of
                                       representative grab samples
                                       collected.
                                      (iii) Analyze the waste, before
                                       disposal, for all of the
                                       constituents listed in Paragraph
                                       1.
                                      (iv) Sixty (60) days after this
                                       exclusion becomes final, report
                                       the operational and analytical
                                       test data, including quality
                                       control information.
                                      (v) Submit the test plan for
                                       conducting the multiple pH
                                       leaching procedure to EPA for
                                       approval at least 10 days before
                                       conducting the analysis.
                                      (vi) Conduct a multiple pH
                                       leaching procedure on 10 samples
                                       collected during the sixty-day
                                       test period.

[[Page 213]]

 
                                      (vii) The ten samples should
                                       include both non-stabilized and
                                       stabilized residual solids. If
                                       none of the samples collected
                                       during the sixty-day test period
                                       need to be stabilized, DuraTherm
                                       should provide multiple pH data
                                       on the first sample of stabilized
                                       wastes generated.
                                      (vii) Perform the toxicity
                                       characteristic leaching procedure
                                       using three different pH
                                       extraction fluids to simulate
                                       disposal under three conditions
                                       and submit the results within 60
                                       days of completion. Simulate an
                                       acidic landfill environment,
                                       basic landfill environment, and a
                                       landfill environment similar to
                                       the pH of the waste.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, DuraTherm
                                       may substitute the testing
                                       conditions in (3)(B) for
                                       (3)(A)(i). DuraTherm must
                                       continue to monitor operating
                                       conditions, and analyze
                                       representative samples each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated in one quarter.
                                       DuraTherm must run the multiple
                                       pH procedure on these waste
                                       samples.
                                      (C) Termination of Organic
                                       Testing: (i) DuraTherm must
                                       continue testing as required
                                       under Paragraph (3)(B) for
                                       organic constituents in Paragraph
                                       (1)(A)(ii), until the analytical
                                       results submitted under Paragraph
                                       (3)(B) show a minimum of two
                                       consecutive samples below the
                                       delisting levels in Paragraph
                                       (1)(A)(i), DuraTherm may then
                                       request that EPA stop quarterly
                                       organic testing. After EPA
                                       notifies DuraTherm in writing,
                                       the company may end quarterly
                                       organic testing.
                                      (ii) Following cancellation of the
                                       quarterly testing, DuraTherm must
                                       continue to test a representative
                                       composite sample for all
                                       constituents listed in Paragraph
                                       (1) annually (by twelve months
                                       after final exclusion).
                                      (4) Changes in Operating
                                       Conditions: If DuraTherm
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated as
                                       established under Paragraph (1)
                                       (by illustration, but not
                                       limitation, changes in equipment
                                       or operating conditions of the
                                       treatment process), they must
                                       notify EPA in writing; they may
                                       no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       Paragraph (1) and they have
                                       received written approval to do
                                       so from EPA.
                                      (5) Data Submittals: DuraTherm
                                       must submit the information
                                       described below. If DuraTherm
                                       fails to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Paragraph 6. DuraTherm must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, DuraTherm
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       DuraTherm must report the data,
                                       in writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.

[[Page 214]]

 
                                      (C) If DuraTherm fails to submit
                                       the information described in
                                       paragraphs (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       DuraTherm must do following
                                       before transporting the delisted
                                       waste: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Eastman Chemical   Longview, Texas..  Wastewater treatment sludge, (at a
 Company.                              maximum generation of 82,100
                                       cubic yards per calendar year)
                                       generated by Eastman (EPA
                                       Hazardous Waste Nos. F001, F002,
                                       F003, F005 generated at Eastman
                                       when disposed of in a Subtitle D
                                       landfill.
                                      Eastman must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (mg/l). For the
                                       wastewater treatment sludge
                                       constituents must be measured in
                                       the waste leachate by the method
                                       specified in 40 CFR 261.24.
                                       Wastewater treatment sludge:
                                      (i) Inorganic Constituents:
                                       Antimony-0.0515; Barium-7.30;
                                       Cobalt-2.25; Chromium-5.0; Lead-
                                       5.0; Mercury-0.0015; Nickel-2.83;
                                       Selenium-0.22; Silver-0.384;
                                       Vanadium-2.11; Zinc-28.0
                                      (ii) Organic Constituents:
                                       Acenaphthene-1.25; Acetone--7.13;
                                       bis(2-ethylhexylphthalate--0.28;
                                       2-butanone--42.8; Chloroform--
                                       0.0099; Fluorene--0.55; Methanol-
                                       35.7; Methylene Chloride--0.486;
                                       naphthalene-0.0321.
                                      (2) Waste Holding and Handling: If
                                       the concentrations of the sludge
                                       exceed the levels provided in
                                       Condition 1, then the sludge must
                                       be treated in the Fluidized Bed
                                       Incinerator (FBI) and meet the
                                       requirements of that September
                                       25, 1996 delisting exclusion to
                                       be non-hazardous (as FBI ash). If
                                       the sludge meets the delisting
                                       levels provided in Condition 1,
                                       then it's non-hazardous (as
                                       sludge). If the waste water
                                       treatment sludge is not managed
                                       in the manner above, Eastman must
                                       manage it in accordance with
                                       applicable RCRA Subtitle C
                                       requirements. If the levels of
                                       constituents measured in the
                                       samples of the waste water
                                       treatment sludge do not exceed
                                       the levels set forth in Condition
                                       (1), then the waste is
                                       nonhazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. During the
                                       verification period, Eastman must
                                       manage the waste in the FBI
                                       incinerator prior to disposal.
                                      (3) Verification Testing
                                       Requirements: Eastman must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. After completion of the
                                       initial verification period,
                                       Eastman may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). Eastman must continue to
                                       test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       At quarterly intervals for one
                                       year after the final exclusion is
                                       granted, Eastman must collect and
                                       analyze composites of the
                                       wastewater treatment sludge for
                                       constituents listed in Condition
                                       (1).
                                      (B) Subsequent Verification
                                       Testing: Following termination of
                                       the quarterly testing, Eastman
                                       must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after the final exclusion).

[[Page 215]]

 
                                      (4) Changes in Operating
                                       Conditions. If Eastman
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type of waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process or
                                       generation of volumes in excess
                                       82,100 cubic yards of waste
                                       annually), Eastman must (A)
                                       notify the EPA in writing of the
                                       change and (B) may no longer
                                       handle or manage the waste
                                       generated from the new process as
                                       nonhazardous until Eastman has
                                       demonstrated through testing the
                                       waste meets the delisting levels
                                       set in Condition (1) and (C)
                                       Eastman has received written
                                       approval to begin managing the
                                       wastes as non-hazardous from EPA.
                                      (5) Data Submittals. Eastman must
                                       submit or maintain, as
                                       applicable, the information
                                       described below. If Eastman fails
                                       to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Condition (6). Eastman must:
                                      (A) Submit the data obtained
                                       through Condition (3) to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Condition (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      (i) Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      (ii) As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      (iii) If any of this information
                                       is determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Eastman
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Condition (1),
                                       Eastman must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Eastman fails to submit the
                                       information described in
                                       Conditions (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in Condition (6)(D) or
                                       (if no information is presented
                                       under Condition (6)(D)) the
                                       initial receipt of information
                                       described in Conditions (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.

[[Page 216]]

 
                                      (7) Notification Requirements.
                                       Eastman must do following before
                                       transporting the delisted waste
                                       off-site: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the exclusion.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Eli Lilly and      Clinton, Indiana.  Incinerator scrubber liquids,
 Company.                              entering and contained in their
                                       onsite surface impoundment, and
                                       solids settling from these
                                       liquids originating from the
                                       burning of spent solvents (EPA
                                       Hazardous Waste Nos. F002, F003,
                                       and F005) contained in their
                                       onsite surface impoundment and
                                       solids retention area on August
                                       18, 1988 and any new incinerator
                                       scubber liquids and settled
                                       solids generated in the surface
                                       impoundment and disposed of in
                                       the retention are after August
                                       12, 1988.
Envirite of        Harvey, Illinois.  See waste description under
 Illinois                              Envirite of Pennsylvania.
 (formerly
 Envirite
 Corporation).
Envirite of Ohio   Canton, Ohio.....  See waste description under
 (formerly                             Envirite of Pennsylvania.
 Envirite
 Corporation).
Envirite of        York,              Dewatered wastewater sludges (EPA
 Pennsylvania       Pennsylvania.      Hazardous Waste No .F006)
 (formerly                             generated from electroplating
 Envirite                              operations; spent cyanide plating
 Corporation).                         solutions (EPA Hazardous Waste
                                       No. F007) generated from
                                       electroplating operations;
                                       plating bath residues from the
                                       bottom of plating baths (EPA
                                       Hazardous Waste No. F008)
                                       generated from electroplating
                                       operations where cyanides are
                                       used in the process; spent
                                       stripping and cleaning bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations where
                                       cyanides are used in the process;
                                       spent cyanide solutions from salt
                                       bath pot cleaning (EPA Hazardous
                                       Waste No. F011) generated from
                                       metal heat treating operations;
                                       quenching wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F012) generated from metal heat
                                       treating where cyanides are used
                                       in the process; wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum after November 14,
                                       1986. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern, the facility must
                                       implement a contingency testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the following conditions for the
                                       exclusions to be valid:
                                      (1) Each batch of treatment
                                       residue must be representatively
                                       sampled and tested using the EP
                                       Toxicity test for arsenic,
                                       barium, cadmium, chromium, lead,
                                       selenium, silver, mercury, and
                                       nickel. If the extract
                                       concentrations for chromium,
                                       lead, arsenic, and silver exceed
                                       0.315 ppm; barium levels exceed
                                       6.3 ppm; cadmium and selenium
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels
                                       exceed 2.205 ppm; the waste must
                                       be re-treated or managed and
                                       disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (2) Each batch of treatment
                                       residue must be tested for
                                       leachable cyanide. If the
                                       leachable cyanide levels (using
                                       the EP Toxicity test without
                                       acetic acid adjustment) exceed
                                       1.26 ppm, the waste must be re-
                                       treated or managed and disposed
                                       as a hazardous waste under 40 CFR
                                       Parts 262 to 265 and the
                                       permitting standards of 40 CFR
                                       Part 270.
                                      (3) Each batch of waste must be
                                       tested for the total content of
                                       specific organic toxicants. If
                                       the total content of anthracene
                                       exceeds 76.8 ppm, 1,2-diphenyl
                                       hydrazine exceeds 0.001 ppm,
                                       methylene chloride exceeds 8.18
                                       ppm, methyl ethyl ketone exceeds
                                       326 ppm, n-nitrosodiphenylamine
                                       exceeds 11.9 ppm, phenol exceeds
                                       1,566 ppm, tetrachloroethylene
                                       exceeds 0.188 ppm, or
                                       trichloroethylene exceeds 0.592
                                       ppm, the waste must be managed
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (4) A grab sample must be
                                       collected from each batch to form
                                       one monthly composite sample
                                       which must be tested using GC/MS
                                       analysis for the compounds listed
                                       in 3, above, as well as
                                       the remaining organics on the
                                       priority pollutant list. (See 47
                                       FR 52309, November 19, 1982, for
                                       a list of the priority
                                       pollutants.)
                                      (5) The data from conditions 1-4
                                       must be kept on file at the
                                       facility for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the
                                       Administrator by certified mail
                                       semi-annually. The Agency will
                                       review this information and if
                                       needed will propose to modify or
                                       withdraw the exclusion. The
                                       organics testing described in
                                       conditions 3 and 4, above, are
                                       not required until six months
                                       from the date of promulgation.
                                       The Agency's decision to
                                       conditionally exclude the
                                       treatment residue generated from
                                       the wastewater treatment systems
                                       at these facilities applies only
                                       to the wastewater and solids
                                       treatment systems as they
                                       presently exist as described in
                                       the delisting petition. The
                                       exclusion does not apply to the
                                       proposed process additions
                                       described in the petition as
                                       recovery including
                                       crystallization, electrolytic
                                       metals recovery, evaporative
                                       recovery, and ion exchange.

[[Page 217]]

 
EPA's Mobile       Denney Farm Site;  Process wastewater, rotary kiln
 Incineration       McDowell, MO.      ash, CHEAF media, and other
 System.                               solids (except spent activated
                                       carbon) (EPA Hazardous Waste Nos.
                                       F020, F022, F023, F026, F027, and
                                       F028) generated during the field
                                       demonstration of EPA's Mobile
                                       Incinerator at the Denney Farm
                                       Site in McDowell, Missouri, after
                                       July 25, 1985, so long as: (1)
                                       The incinerator is functioning
                                       properly; (2) a grab sample is
                                       taken from each tank of
                                       wastewater generated and the EP
                                       leachate values do not exceed
                                       0.03 ppm for mercury, 0.14 ppm
                                       for selenium, and 0.68 ppm for
                                       chromium; and (3) a grab sample
                                       is taken from each drum of soil
                                       or ash generated and a core
                                       sample is collected from each
                                       CHEAF roll generated and the EP
                                       leachate values of daily
                                       composites do not exceed 0.044
                                       ppm in ash or CHEAF media for
                                       mercury or 0.22 ppm in ash or
                                       CHEAF media for selenium.
Falconer Glass     Falconer, NY.....  Wastewater treatment sludges from
 Indust., Inc..                        the filter press and magnetic
                                       drum separator (EPA Hazardous
                                       Waste No. F006) generated from
                                       electroplating operations after
                                       July 16, 1986.
Florida            Daytona Beach,     This is a one-time exclusion.
 Production         Florida.           Wastewater treatment sludges (EPA
 Engineering                           Hazardous Waste No. F006)
 Company.                              generated from electroplating
                                       operations and contained in four
                                       on-site trenches on January 23,
                                       1987.
Ford Motor         Dearborn,          Wastewater treatment plant sludge,
 Company,           Michigan.          F019, that is generated by Ford
 Dearborn Truck                        Motor Company at the Dearborn
 Assembly Plant.                       Truck Asembly Plant at a maximum
                                       annual rate of 2,000 cubic yards
                                       per year. The sludge must be
                                       disposed of in a lined landfill
                                       with leachate collection which is
                                       licensed, permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of April 25, 2005.
                                      1. Delisting Levels: (A) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       antimony--0.7; arsenic--0.3;
                                       barium--100; cadmium--0.5;
                                       chromium--5; lead--5; nickel--90;
                                       selenium--1; thallium--0.3; zinc--
                                       900; p-cresol--11; di-n-octyl
                                       phthlate--0.11; formaldehyde--80;
                                       and pentachlorophenol--0.009. (B)
                                       The total concentration measured
                                       in any sample may not exceed the
                                       following levels (mg/kg):
                                       mercury--9; and formaldehyde--
                                       700.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, Dearborn Truck Assembly
                                       Plant must collect and analyze
                                       one representative sample of the
                                       waste on a quarterly basis.
                                      3. Changes in Operating
                                       Conditions: Dearborn Truck
                                       Assembly Plant must notify the
                                       EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process change significantly.
                                       Dearborn Truck Assembly Plant
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: Dearborn Truck
                                       Assembly Plant [Redln Off] must
                                       submit the data obtained through
                                       verification testing or as
                                       required by other conditions of
                                       this rule to both U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. Dearborn Truck
                                       Assembly Plant must compile,
                                       summarize and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. Dearborn
                                       Truck Assembly Plant must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, Dearborn Truck
                                       Assembly Plant possesses or is
                                       otherwise made aware of any data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level, or is
                                       in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (e),
                                       then Dearborn Truck Assembly
                                       Plant must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify
                                       Dearborn Truck Assembly Plant in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing Dearborn
                                       Truck Assembly Plant with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. Dearborn
                                       Truck Assembly Plant shall have
                                       30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.

[[Page 218]]

 
                                      (d) If after 30 days the Dearborn
                                       Truck Assembly Plant presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (e) Maximum Allowable Groundwater
                                       Concentrations ([micro]g/L):
                                       antimony--6; arsenic--5; barium--
                                       2,000; cadmium--5; chromium--100;
                                       lead--15; nickel--800; selenium--
                                       50; thallium--2; tin--20,000;
                                       zinc--11,000; p-Cresol--200; Di-n-
                                       octyl phthlate--1.3;
                                       Formaldehyde--1,400; and
                                       Pentachlorophenol--0.15.
Ford Motor         Claycomo,          Wastewater treatment sludge, F019,
 Company, Kansas    Missouri.          that is generated at the Ford
 City Assembly                         Motor Company (Ford) Kansas City
 Plant.                                Assembly Plant (KCAP) at a
                                       maximum annual rate of 2,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of June 6, 2007.
                                      1. Delisting Levels: (a) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not equal or exceed
                                       the following levels (mg/L):
                                       barium--100; chromium--5;
                                       mercury--0.155; nickel--90;
                                       thallium--0.282; zinc--898;
                                       cyanides--11.5; ethyl benzene--
                                       42.6; toluene--60.8; total
                                       xylenes--18.9; bis(2-ethylhexyl)
                                       phthalate--0.365; p-cresol--11.4;
                                       2,4-dinitrotoluene--0.13;
                                       formaldehyde--343; and
                                       napthalene--.728;
                                      (b) The total concentrations
                                       measured in any sample may not
                                       exceed the following levels (mg/
                                       kg): chromium 760000; mercury--
                                       10.4; thallium--116000; 2,4-
                                       dinitrotoluene--100000; and
                                       formaldehyde--6880.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, Ford must collect and
                                       analyze one representative sample
                                       of KCAP's sludge on a quarterly
                                       basis.
                                      3. Changes in Operating
                                       Conditions: Ford must notify the
                                       EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process at KCAP significantly
                                       change. Ford must handle wastes
                                       generated at KCAP after the
                                       process change as hazardous until
                                       it has demonstrated that the
                                       waste continues to meet the
                                       delisting levels and that no new
                                       hazardous constituents listed in
                                       appendix VIII of part 261 have
                                       been introduced and Ford has
                                       received written approval from
                                       EPA for the changes.
                                      4. Data Submittals: Ford must
                                       submit the data obtained through
                                       verification testing at KCAP or
                                       as required by other conditions
                                       of this rule to EPA Region 7,
                                       Air, RCRA and Toxics Division,
                                       901 N. 5th, Kansas City, Kansas
                                       66101. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. Ford must compile,
                                       summarize, and maintain at KCAP
                                       records of operating conditions
                                       and analytical data for a minimum
                                       of five years. Ford must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, Ford possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste at KCAP indicating
                                       that any constituent is at a
                                       level in the leachate higher than
                                       the specified delisting level, or
                                       is in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (e),
                                       then Ford must report such data
                                       in writing to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify Ford in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing Ford with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. Ford shall
                                       have 30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 30 days Ford presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.

[[Page 219]]

 
Ford Motor         Wayne, Michigan..  Waste water treatment plant
 Company,                              sludge, F019, that is generated
 Michigan Truck                        by Ford Motor Company at the
 Plant and Wayne                       Wayne Integrated Stamping and
 Integrated                            Assembly Plant from wastewaters
 Stamping and                          from both the Wayne Integrated
 Assembly Plant..                      Stamping and Assembly Plant and
                                       the Michigan Truck Plant, Wayne,
                                       Michigan at a maximum annual rate
                                       of 2,000 cubic yards per year.
                                       The sludge must be disposed of in
                                       a lined landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003.
                                      1. Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; p-Cresol--11.4; and
                                       Formaldehyde--84.2. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--8.92; and Formaldehyde--
                                       689. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, the facility must collect
                                       and analyze one waste sample on a
                                       quarterly basis.
                                      3. Changes in Operating
                                       Conditions: The facility must
                                       notify the EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process significantly change. The
                                       facility must handle wastes
                                       generated after the process
                                       change as hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: The facility
                                       must submit the data obtained
                                       through verification testing or
                                       as required by other conditions
                                       of this rule to both U.S. EPA
                                       Region 5, Waste Management Branch
                                       (DW-8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, the facility
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       is at a level in the leachate
                                       higher than the specified
                                       delisting level, or is in the
                                       groundwater at a concentration
                                       higher than the maximum allowable
                                       groundwater concentration in
                                       paragraph (e), then the facility
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                         (b) Based on the information
                                         described in paragraph (a) and
                                         any other information received
                                         from any source, the Regional
                                         Administrator will make a
                                         preliminary determination as to
                                         whether the reported
                                         information requires Agency
                                         action to protect human health
                                         or the environment. Further
                                         action may include suspending,
                                         or revoking the exclusion, or
                                         other appropriate response
                                         necessary to protect human
                                         health and the environment.
                                         (c) If the Regional
                                         Administrator determines that
                                         the reported information does
                                         require Agency action, the
                                         Regional Administrator will
                                         notify the facility in writing
                                         of the actions the Regional
                                         Administrator believes are
                                         necessary to protect human
                                         health and the environment. The
                                         notice shall include a
                                         statement of the proposed
                                         action and a statement
                                         providing the facility with an
                                         opportunity to present
                                         information as to why the
                                         proposed Agency action is not
                                         necessary or to suggest an
                                         alternative action. The
                                         facility shall have 30 days
                                         from the date of the Regional
                                         Administrator's notice to
                                         present the information.
                                         (d) If after 30 days the
                                         facility presents no further
                                         information, the Regional
                                         Administrator will issue a
                                         final written determination
                                         describing the Agency actions
                                         that are necessary to protect
                                         human health or the
                                         environment. Any required
                                         action described in the
                                         Regional Administrator's
                                         determination shall become
                                         effective immediately, unless
                                         the Regional Administrator
                                         provides otherwise.
                                         (e) Maximum Allowable
                                         Groundwater Concentrations (ug/
                                         L): Antimony--6; Arsenic--4.87;
                                         Cadmium--5; Chromium--100;
                                         Lead--15; Nickel--750;
                                         Selenium--50; Thallium--2; Tin--
                                         22,500; Zinc--11,300; p-Cresol--
                                         188; and Formaldehyde--1,380.
Ford Motor         Wixom, Michigan..  Waste water treatment plant
 Company, Wixom                        sludge, F019, that is generated
 Assembly Plant.                       by Ford Motor Company at the
                                       Wixom Assembly Plant, Wixom,
                                       Michigan at a maximum annual rate
                                       of 2,000 cubic yards per year.
                                       The sludge must be disposed of in
                                       a lined landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR Part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.

[[Page 220]]

 
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; p-Cresol--11.4; and
                                       Formaldehyde--84.2. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--8.92; and Formaldehyde--
                                       689. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
GE's Former RCA    Barceloneta, PR..  Wastewater treatment plant (WWTP)
 del Caribe.                           sludges from chemical etching
                                       operation (EPA Hazardous Waste
                                       No. F006) and contaminated soil
                                       mixed with sludge. This is a one-
                                       time exclusion for a range of
                                       5,000 to 15,000 cubic yards of
                                       WWTP sludge on condition of
                                       disposal in a Subtitle D
                                       landfill. This exclusion was
                                       published on February 1, 2007. 1.
                                       Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, GE discovers that
                                       any condition or assumption
                                       related to the characterization
                                       of the excluded waste which was
                                       used in the evaluation of the
                                       petition or that was predicted
                                       through modeling is not as
                                       reported in the petition, then GE
                                       must report any information
                                       relevant to that condition or
                                       assumption, in writing, to the
                                       Director of the Division of
                                       Environmental Planning and
                                       Protection in Region 2 within 10
                                       days of first of discovering that
                                       information. (b) Upon receiving
                                       information described in
                                       paragraph (a) of this section,
                                       regardless of its source, the
                                       Director will determine whether
                                       the reported condition requires
                                       further action. Further action
                                       may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       action deemed necessary to
                                       protect human health or the
                                       environment.
                                      2. Notifications--GE must provide
                                       a one-time written notification
                                       to any State or Commonwealth
                                       Regulatory Agency in any State or
                                       Commonwealth to which or through
                                       which the waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the waste exclusion
                                       and a possible revocation of the
                                       decision.
General Electric   Shreveport         Wastewater treatment sludges (EPA
 Company.           Louisiana.         Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in four
                                       on-site treatment ponds on August
                                       12, 1987.
General Motors...  Arlington, TX....  Wastewater Treatment Sludge (WWTP)
                                       (EPA Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 3,000 cubic yards per
                                       calendar year after January 3,
                                       2007 and disposed in a Subtitle D
                                       landfill.
                                      For the exclusion to be valid, GM-
                                       Arlington must implement a
                                       verification testing program that
                                       meets the following paragraphs:
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the following levels (mg/l
                                       for TCLP).
                                        (i) Inorganic Constituents:
                                      Barium-100; Cadmium-0.36; Chromium-
                                      5 (3.71) ; Cobalt-18.02; Lead-5;
                                      Nickel-67.8; Silver-5; Tin-540;
                                      Zinc-673.
                                        (ii) Organic Constituents:
                                      Acetone-171; Ethylbenzene-31.9; N-
                                      Butyl Alcohol-171; Toluene-45.6;
                                      Bis(2-Ethylhexyl) Phthalate-0.27;
                                      p-Cresol-8.55; Naphthalene-3.11.
                                      (2) Waste Management: (A) GM-
                                       Arlington must manage as
                                       hazardous all WWTP sludge
                                       generated, until it has completed
                                       initial verification testing
                                       described in paragraph (3)(A) and
                                       (B), as appropriate, and valid
                                       analyses show that paragraph(1)
                                       is satisfied.
                                        (B) Levels of constituents
                                      measured in the samples of the
                                      WWTP sludge that do not exceed the
                                      levels set forth in paragraph (1)
                                      are non-hazardous. GM-Arlington
                                      can manage and dispose of the non-
                                      hazardous WWTP sludge according to
                                      all applicable solid waste
                                      regulations.
                                        (C) If constituent levels in a
                                      sample exceed any of the delisting
                                      levels set in paragraph (1), GM-
                                      Arlington can collect one
                                      additional sample and perform
                                      expedited analyses to verify if
                                      the constituent exceeds the
                                      delisting level. If this sample
                                      confirms the exceedance, GM-
                                      Arlington must, from that point
                                      forward, treat the waste as
                                      hazardous until it is demonstrated
                                      that the waste again meets the
                                      levels in paragraph (1). GM-
                                      Arlington must manage and dispose
                                      of the waste generated under
                                      Subtitle C of RCRA from the time
                                      it becomes aware of any
                                      exceedance.
                                        (D) Upon completion of the
                                      Verification Testing described in
                                      paragraph 3(A) and (B), as
                                      appropriate, and the transmittal
                                      of the results to EPA, and if the
                                      testing results meet the
                                      requirements of paragraph (1), GM-
                                      Arlington may proceed to manage
                                      its WWTP sludge as non-hazardous
                                      waste. If subsequent Verification
                                      Testing indicates an exceedance of
                                      the Delisting Levels in paragraph
                                      (1), GM-Arlington must manage the
                                      WWTP sludge as a hazardous waste
                                      until two consecutive quarterly
                                      testing samples show levels below
                                      the Delisting Levels in paragraph
                                      (1).
                                      (3) Verification Testing
                                       Requirements: GM-Arlington must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, according to
                                       appropriate methods such as those
                                       found in SW-846 or other reliable
                                       sources (with the exception of
                                       analyses requiring the use of SW-
                                       846 methods incorporated by
                                       reference in 40 CFR 260.11, which
                                       must be used without
                                       substitution) for all
                                       constituents listed in paragraph
                                       (1). If EPA judges the process to
                                       be effective under the operating
                                       conditions used during the
                                       initial verification testing, GM-
                                       Arlington may replace the testing
                                       required in paragraph (3)(A) with
                                       the testing required in paragraph
                                       (3)(B). GM-Arlington Plant must
                                       continue to test as specified in
                                       paragraph (3)(A) until and unless
                                       notified by EPA in writing that
                                       testing in paragraph (3)(A) may
                                       be replaced by paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, GM-Arlington must do
                                       the following:

[[Page 221]]

 
                                        (i) Within 30 days of this
                                      exclusion becoming final, collect
                                      two (2) samples, before disposal,
                                      of the WWTP sludge.
                                        (ii) The samples are to be
                                      analyzed and compared against the
                                      Delisting Levels in paragraph (1).
                                        (iii) Within 60 days of the
                                      exclusion becoming final, GM-
                                      Arlington must report to EPA the
                                      initial verification analytical
                                      test data for the WWTP sludge,
                                      including analytical quality
                                      control information for the first
                                      thirty (30) days of operation
                                      after this exclusion becomes
                                      final.
                                      If levels of constituents measured
                                       in these samples of the WWTP
                                       sludge do not exceed the levels
                                       set forth in paragraph (1), GM-
                                       Arlington can manage and dispose
                                       of the WWTP sludge according to
                                       all applicable solid waste
                                       regulations.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, GM-Arlington
                                       may substitute the testing
                                       conditions in paragraph (3)(B)
                                       for paragraph (3)(A). GM-
                                       Arlington must continue to
                                       monitor operating conditions, and
                                       analyze two representative
                                       samples of the WWTP sludge for
                                       the next three quarters of
                                       operation during the first year
                                       of waste generation. The samples
                                       must represent the waste
                                       generated during the quarter.
                                       Quarterly reports are due to EPA,
                                       thirty days after the samples are
                                       taken.
                                      After the first year of analytical
                                       sampling, verification sampling
                                       can be performed on a single
                                       annual sample of the WWTP sludge.
                                       The results are to be compared to
                                       the delisting levels in paragraph
                                       (1).
                                      (C) Termination of Testing:
                                        (i) After the first year of
                                      quarterly testing, if the
                                      delisting levels in paragraph (1)
                                      are being met, GM-Arlington may
                                      then request that EPA not require
                                      quarterly testing.
                                        (ii) Following cancellation of
                                      the quarterly testing by EPA
                                      letter, GM-Arlington must continue
                                      to test one representative sample
                                      for all constituents listed in
                                      paragraph (1) annually. Results
                                      must be provided to EPA within 30
                                      days of the testing.
                                      (4) Changes in Operating
                                       Conditions: If GM-Arlington
                                       significantly changes the process
                                       described in its petition or
                                       starts any process that generates
                                       the waste that may or could
                                       significantly affect the
                                       composition or type of waste
                                       generated as established under
                                       paragraph (1) (by illustration,
                                       but not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing; it
                                       may no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: GM-Arlington
                                       must submit the information
                                       described below. If GM-Arlington
                                       fails to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       paragraph 6. GM-Arlington must:
                                        (A) Submit the data obtained
                                      through paragraph(3) to the
                                      Section Chief, Region 6 Corrective
                                      Action and Waste Minimization
                                      Section, EPA, 1445 Ross Avenue,
                                      Dallas, Texas 75202-2733, Mail
                                      Code, (6PD-C) within the time
                                      specified.
                                        (B) Compile records of operating
                                      conditions and analytical data
                                      from paragraph (3), summarized,
                                      and maintained on-site for a
                                      minimum of five years.
                                        (C) Furnish these records and
                                      data when EPA or the State of
                                      Texas requests them for
                                      inspection.
                                        (D) Send along with all data a
                                      signed copy of the following
                                      certification statement, to attest
                                      to the truth and accuracy of the
                                      data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Re-opener;
                                        (A) If, anytime after disposal
                                      of the delisted waste, GM-
                                      Arlington possesses or is
                                      otherwise made aware of any
                                      environmental data (including but
                                      not limited to leachate data or
                                      groundwater monitoring data) or
                                      any other data relevant to the
                                      delisted waste indicating that any
                                      constituent identified for the
                                      delisting verification testing is
                                      at a level higher than the
                                      delisting level allowed by EPA in
                                      granting the petition, then the
                                      facility must report the data, in
                                      writing, to EPA within 10 days of
                                      first possessing or being made
                                      aware of that data.
                                        (B) If either the quarterly or
                                      annual testing of the waste does
                                      not meet the delisting
                                      requirements in paragraph 1, GM-
                                      Arlington must report the data, in
                                      writing, to EPA within 10 days of
                                      first possessing or being made
                                      aware of that data.

[[Page 222]]

 
                                        (C) If GM-Arlington fails to
                                      submit the information described
                                      in paragraphs (5), (6)(A) or
                                      (6)(B) or if any other information
                                      is received from any source, EPA
                                      will make a preliminary
                                      determination as to whether the
                                      reported information requires
                                      action to protect human health and/
                                      or the environment. Further action
                                      may include suspending, or
                                      revoking the exclusion, or other
                                      appropriate response necessary to
                                      protect human health and the
                                      environment.
                                        (D) If EPA determines that the
                                      reported information requires
                                      action, EPA will notify the
                                      facility in writing of the actions
                                      it believes are necessary to
                                      protect human health and the
                                      environment. The notice shall
                                      include a statement of the
                                      proposed action and a statement
                                      providing the facility with an
                                      opportunity to present information
                                      explaining why the proposed EPA
                                      action is not necessary. The
                                      facility shall have 10 days from
                                      the date of EPA's notice to
                                      present such information.
                                        (E) Following the receipt of
                                      information from the facility
                                      described in paragraph (6)(D) or
                                      (if no information is presented
                                      under paragraph (6)(D)) the
                                      initial receipt of information
                                      described in paragraphs (5),
                                      (6)(A) or (6)(B), EPA will issue a
                                      final written determination
                                      describing the actions that are
                                      necessary to protect human health
                                      and/or the environment. Any
                                      required action described in EPA's
                                      determination shall become
                                      effective immediately, unless EPA
                                      provides otherwise.
                                      (7) Notification Requirements: GM-
                                       Arlington must do the following
                                       before transporting the delisted
                                       waste. Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                        (A) Provide a one-time written
                                      notification to any state
                                      Regulatory Agency to which or
                                      through which it will transport
                                      the delisted waste described above
                                      for disposal, 60 days before
                                      beginning such activities.
                                        (B) Update the one-time written
                                      notification if it ships the
                                      delisted waste into a different
                                      disposal facility.
                                        (C) Failure to provide this
                                      notification will result in a
                                      violation of the delisting
                                      variance and a possible revocation
                                      of the decision.
General Motors     Lake Orion,        Wastewater treatment plant (WWTP)
 Corporation.       Michigan.          sludge from the chemical
                                       conversion coating (phosphate
                                       coating) of aluminum (EPA
                                       Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,500 tons per year (or
                                       1,500 cubic yards per year),
                                       after October 24, 1997 and
                                       disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate, based on
                                       the analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP (or OWEP,
                                       where appropriate) extract of the
                                       waste are within specific levels.
                                       The constituent concentrations
                                       must not exceed the following
                                       levels (mg/l) which are back-
                                       calculated from the delisting
                                       health-based levels and a DAF of
                                       90: Arsenic--4.5; Cobalt--189;
                                       Copper--126; Nickel--63;
                                       Vanadium--18; Zinc--900; 1,2-
                                       Dichloroethane--0.45;
                                       Ethylbenzene--63; 4-Methylphenol--
                                       16.2; Naphthalene--90; Phenol--
                                       1800; and Xylene--900. The
                                       constituent concentrations must
                                       also be less than the following
                                       levels (mg/l) which are the
                                       toxicity characteristic levels:
                                       Barium--100.0; and Chromium
                                       (total)--5.0.
                                      2. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM may handle the WWTP
                                       filter press sludge generated
                                       from the new process under this
                                       exclusion after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.
                                      3. Data Submittals: The data
                                       obtained through annual
                                       verification testing or paragraph
                                       2 must be submitted to U.S. EPA
                                       Region 5, 77 W. Jackson Blvd.,
                                       Chicago, IL 60604-3590, within 60
                                       days of sampling. Records of
                                       operating conditions and
                                       analytical data must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years
                                       and must be made available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in
                                       260.22(I)(12).
General Motors     Lordstown, Ohio..  Waste water treatment plant
 Corporation                           sludge, F019, that is generated
 Assembly Plant                        at General Motors Corporation's
                                       Lordstown Assembly Plant at a
                                       maximum annual rate of 2,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a Subtitle
                                       D landfill which is licensed,
                                       permitted, or otherwise
                                       authorized by a state to accept
                                       the delisted wastewater treatment
                                       sludge. The exclusion becomes
                                       effective as of October 12, 2004.
                                      1. Delisting Levels: (A) The
                                       constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): antimony--0.66; arsenic--
                                       0.30; chromium--5; lead--5;
                                       mercury--0.15; nickel--90;
                                       selenium--1; silver--5; thallium--
                                       0.28; tin--720; zinc--900;
                                       fluoride--130; p-cresol--11;
                                       formaldehyde--84; and methylene
                                       chloride--0.29 (B) The total
                                       constituent concentration
                                       measured in any sample of the
                                       waste may not exceed the
                                       following levels (mg/kg):
                                       chromium--4,100 ; formaldehyde--
                                       700; and mercury--10. (C) Maximum
                                       allowable groundwater
                                       concentrations ([micro]g/L) are
                                       as follows: antimony--6; arsenic--
                                       4.88; chromium--100; lead--15;
                                       mercury--2; nickel--750;
                                       selenium--50; silver--188;
                                       thallium--2; tin--22,500; zinc--
                                       11,300; fluoride--4,000; p-
                                       cresol--188; formaldehyde--1,390;
                                       and methylene chloride--5.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, GM must collect and
                                       analyze one waste sample on a
                                       quarterly basis using methods
                                       with appropriate detection levels
                                       and elements of quality control.

[[Page 223]]

 
                                      3. Changes in Operating
                                       Conditions: The facility must
                                       notify the EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process significantly change. GM
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: The facility
                                       must submit the data obtained
                                       through verification testing or
                                       as required by other conditions
                                       of this rule to U.S. EPA Region
                                       5, Waste Management Branch, RCRA
                                       Delisting Program (DW-8J), 77 W.
                                       Jackson Blvd., Chicago, IL 60604.
                                       The quarterly verification data
                                       and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level, or is
                                       in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (1),
                                       then GM must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data. (B) Based on
                                       the information described in
                                       paragraph (A) and any other
                                       information received from any
                                       source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                       (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing GM with an opportunity
                                       to present information as to why
                                       the proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information. (D)
                                       If after 30 days GM presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
General Motors     Elyria, OH.......  The residue generated from the use
 Corp., Fisher                         of the Chemfix [reg] treatment
 Body Division.                        process on sludge (EPA Hazardous
                                       Waste No. F006) generated from
                                       electroplating operations and
                                       contained in three on-site
                                       surface impoundments on November
                                       14, 1986. To assure that
                                       stabilization occurs, the
                                       following conditions apply to
                                       this exclusion:
                                      (1) Mixing ratios shall be
                                       monitored continuously to assure
                                       consistent treatment.
                                      (2) One grab sample of the treated
                                       waste shall be taken each hour as
                                       it is pumped to the holding area
                                       (cell) from each trailer unit. At
                                       the end of each production day,
                                       the grab samples from the
                                       individual trailer units will be
                                       composited and the EP toxicity
                                       test will be run on each
                                       composite sample. If lead or
                                       total chromium concentrations
                                       exceed 0.315 ppm or if nickel
                                       exceeds 2.17 ppm, in the EP
                                       extract, the waste will be
                                       removed and retreated or disposed
                                       of as a hazardous waste.
                                      (3) The treated waste shall be
                                       pumped into bermed cells which
                                       are constructed to assure that
                                       the treated waste is identifiable
                                       and retrievable (i.e., the
                                       material can be removed and
                                       either disposed of as a hazardous
                                       waste or retreated if conditions
                                       1 or 2 are not met).
                                      Failure to satisfy any of these
                                       conditions would render the
                                       exclusion void. This is a one-
                                       time exclusion, applicable only
                                       to the residue generated from the
                                       use of the Chemfix [reg]
                                       treatment process on the sludge
                                       currently contained in the three
                                       on-site surface impoundments.
General Motors     Flint, Michigan..  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Flint Truck.                          by General Motors Corporation at
                                       Flint Truck, Flint, Michigan at a
                                       maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55; and
                                       Formaldehyde--63. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentration to the
                                       delisting level for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.

[[Page 224]]

 
General Motors     Detroit, Michigan  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Hamtramck.                            by General Motors Corporation at
                                       Hamtramck, Detroit, Michigan at a
                                       maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply. A
                                       maximum allowable groundwater
                                       concentration of 3,750 [micro]g/L
                                       for n-butyl alcohol is added to
                                       paragraph (5)(e).
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55;
                                       Formaldehyde--63; and n-Butyl
                                       alcohol--171. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentration to the
                                       delisting level for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
General Motors     Janesville,        Wastewater treatment sludge, F019,
 Corporation,       Wisconsin.         that is generated at the General
 Janesville Truck                      Motors Corporation (GM)
 Assembly Plant                        Janesville Truck Assembly Plant
                                       (JTAP) at a maximum annual rate
                                       of 3,000 cubic yards per year.
                                       The sludge must be disposed of in
                                       a lined landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of January 24, 2006.
                                      1. Delisting Levels: (A) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       antimony--0.49; arsenic--0.22;
                                       cadmium--0.36; chromium--3.7;
                                       lead--5; nickel--68; selenium--1;
                                       thallium--0.21; tin--540; zinc--
                                       670; p-cresol--8.5; and
                                       formaldehyde--43. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       chromium--5,300; mercury--7; and
                                       formaldehyde--540.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, GM must collect and
                                       analyze one representative sample
                                       of JTAP's sludge on a quarterly
                                       basis.
                                      3. Changes in Operating
                                       Conditions: GM must notify the
                                       EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process at JTAP significantly
                                       change. GM must handle wastes
                                       generated at JTAP after the
                                       process change as hazardous until
                                       it has demonstrated that the
                                       waste continues to meet the
                                       delisting levels and that no new
                                       hazardous constituents listed in
                                       appendix VIII of part 261 have
                                       been introduced and GM has
                                       received written approval from
                                       EPA.
                                      4. Data Submittals: GM must submit
                                       the data obtained through
                                       verification testing at JTAP or
                                       as required by other conditions
                                       of this rule to EPA Region 5,
                                       Waste Management Branch (DW-8J),
                                       77 W. Jackson Blvd., Chicago, IL
                                       60604. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. GM must compile,
                                       summarize, and maintain at JTAP
                                       records of operating conditions
                                       and analytical data for a minimum
                                       of five years. GM must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste at JTAP indicating
                                       that any constituent is at a
                                       level in the leachate higher than
                                       the specified delisting level, or
                                       is in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (e),
                                       then GM must report such data in
                                       writing to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify GM in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing GM with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 30 days GM presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.

[[Page 225]]

 
                                      (e) Maximum Allowable Groundwater
                                       Concentrations (mg/L):; antimony--
                                       0.006; arsenic--0.005; cadmium--
                                       0.005; chromium--0.1; lead--
                                       0.015; nickel--0.750; selenium--
                                       0.050; tin--23; zinc--11; p-
                                       Cresol--0.190; and formaldehyde--
                                       0.950.
General Motors     Lansing, Michigan  Wastewater treatment plant (WWTP)
 Corporation.                          sludge from the chemical
 Lansing Car                           conversion coating (phosphate
 Assembly--Body                        coating) of aluminum (EPA
 Plant.                                Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,250 cubic yards per
                                       year and disposed of in a
                                       Subtitle D landfill, after May
                                       16, 2000.
                                      1. Delisting Levels:
                                        (A) The constituent
                                         concentrations measured in the
                                         TCLP extract may not exceed the
                                         following levels (mg/L):
                                         Antimony--0.576; Arsenic--4.8;
                                         Barium--100; Beryllium--0.384;
                                         Cadmium--0.48; Chromium
                                         (total)--5; Cobalt--201.6;
                                         Copper--124.8; Lead--1.44;
                                         Mercury--0.192; Nickel--67.2;
                                         Selenium--1; Silver--5;
                                         Thallium--0.192; Tin--2016;
                                         Vanadium--28.8; Zinc--960;
                                         Cyanide--19.2; Fluoride--384;
                                         Acetone--336; m,p--Cresol--
                                         19.2; 1,1--Dichloroethane--
                                         0.0864; Ethylbenzene--67.2;
                                         Formaldehyde--672; Phenol--
                                         1920; Toluene--96; 1,1,1--
                                         Trichloroethane--19.2; Xylene--
                                         960.
                                        (B) The total concentration of
                                         formaldehyde in the waste may
                                         not exceed 2100 mg/kg.
                                        (C) Analysis for determining
                                         reactivity from sulfide must be
                                         added to verification testing
                                         when an EPA-approved method
                                         becomes available.
                                      2. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate that the
                                       constituent concentrations
                                       measured in the TCLP extract (or
                                       OWEP, where appropriate) of the
                                       waste do not exceed the delisting
                                       levels established in Condition
                                       (1).
                                      3. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM must notify the EPA
                                       of the changes in writing. GM
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until GM has
                                       demonstrated that the wastes meet
                                       the delisting levels set forth in
                                       Condition (1), that no new
                                       hazardous constituents listed in
                                       Appendix VIII of Part 261 have
                                       been introduced, and GM has
                                       received written approval from
                                       EPA.
                                      4. Data Submittals: GM must submit
                                       the data obtained through annual
                                       verification testing or as
                                       required by other conditions of
                                       this rule to U.S. EPA Region 5,
                                       77 W. Jackson Blvd. (DW-8J),
                                       Chicago, IL 60604, within 60 days
                                       of sampling. GM must compile,
                                       summarize, and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. GM must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the level predicted
                                       by the CML model, then GM must
                                       notify the Regional Administrator
                                       in writing within 10 days and
                                       must report the data within 45
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify GM in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing GM with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       10 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 10 days GM presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
General Motors     Pontiac, Michigan  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Pontiac East.                         by General Motors Corporation at
                                       Pontiac East, Pontiac, Michigan
                                       at a maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.

[[Page 226]]

 
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55; and
                                       Formaldehyde--63. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
Geological         Morrisville,       Wastewater treatment sludge filter
 Reclamation        Pennsylvania.      cake from the treatment of EPA
 Operations and                        Hazardous Waste No. F039,
 Waste Systems,                        generated at a maximum annual
 Inc.                                  rate of 2000 cubic yards, after
                                       December 4, 2001, and disposed of
                                       in a Subtitle D landfill. The
                                       exclusion covers the filter cake
                                       resulting from the treatment of
                                       hazardous waste leachate derived
                                       from only ``old'' GROWS and non-
                                       hazardous leachate derived from
                                       only non-hazardous waste sources.
                                       The exclusion does not address
                                       the waste disposed of in the
                                       ``old'' GROWS' Landfill or the
                                       grit generated during the removal
                                       of heavy solids from the landfill
                                       leachate. To ensure that
                                       hazardous constituents are not
                                       present in the filter cake at
                                       levels of regulatory concern,
                                       GROWS must implement a testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the conditions listed below in
                                       order for the exclusion to be
                                       valid:
                                      (1) Testing: Sample collection and
                                       analyses, including quality
                                       control (QC) procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                      (A) Sample Collection: Each batch
                                       of waste generated over a four-
                                       week period must be collected in
                                       containers with a maximum
                                       capacity of 20-cubic yards. At
                                       the end of the four-week period,
                                       each container must be divided
                                       into four quadrants and a single,
                                       full-depth core sample shall be
                                       collected from each quadrant. All
                                       of the full-depth core samples
                                       then must be composited under
                                       laboratory conditions to produce
                                       one representative composite
                                       sample for the four-week period.
                                      (B) Sample Analysis: Each four-
                                       week composite sample must be
                                       analyzed for all of the
                                       constituents listed in Condition
                                       (3). The analytical data,
                                       including quality control
                                       information, must be submitted to
                                       The Waste and Chemicals
                                       Management Division, U.S. EPA
                                       Region III, 1650 Arch Street,
                                       Philadelphia, PA 19103, and the
                                       Pennsylvania Department of
                                       Environmental Protection, Bureau
                                       of Land Recycling and Waste
                                       Management, Rachel Carson State
                                       Office Building, 400 Market
                                       Street, 14th Floor, Harrisburg,
                                       PA 17105. Data from the annual
                                       verification testing must be
                                       compiled and submitted to EPA and
                                       the Pennsylvania Department of
                                       Environmental Protection within
                                       sixty (60) days from the end of
                                       the calendar year. All data must
                                       be accompanied by a signed copy
                                       of the statement set forth in 40
                                       CFR 260.22(i)(12) to certify to
                                       the truth and accuracy of the
                                       data submitted. Records of
                                       operating conditions and
                                       analytical data must be compiled,
                                       summarized, and maintained on-
                                       site for a minimum of three years
                                       and must be furnished upon
                                       request by any employee or
                                       representative of EPA or the
                                       Pennsylvania Department of
                                       Environmental Protection, and
                                       made available for inspection.
                                      (2) Waste Holding: The dewatered
                                       filter cake must be stored as
                                       hazardous until the verification
                                       analyses are completed. If the
                                       four-week composite sample does
                                       not exceed any of the delisting
                                       levels set forth in Condition
                                       (3), the filter cake waste
                                       corresponding to this sample may
                                       be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If the
                                       four-week composite sample
                                       exceeds any of the delisting
                                       levels set forth in Condition
                                       (3), the filter cake waste
                                       generated during the time period
                                       corresponding to the four-week
                                       composite sample must be
                                       retreated until it meets these
                                       levels (analyses must be
                                       repeated) or managed and disposed
                                       of in accordance with Subtitle C
                                       of RCRA. Filter cake which is
                                       generated but for which analyses
                                       are not complete or valid must be
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA, until valid analyses
                                       demonstrate that the waste meets
                                       the delisting levels.
                                      (3) Delisting Levels: If the
                                       concentrations in the four-week
                                       composite sample of the filter
                                       cake waste for any of the
                                       hazardous constituents listed
                                       below exceed their respective
                                       maximum allowable concentrations
                                       (mg/l or mg/kg) also listed
                                       below, the four-week batch of
                                       failing filter cake waste must
                                       either be retreated until it
                                       meets these levels or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA. GROWS has the
                                       option of determining whether the
                                       filter cake waste exceeds the
                                       maximum allowable concentrations
                                       for the organic constituents by
                                       either performing the analysis on
                                       a TCLP leachate of the waste or
                                       performing total constituent
                                       analysis on the waste, and then
                                       comparing the results to the
                                       corresponding maximum allowable
                                       concentration level.
------------------------------------------------------------------------


                                             (A) Inorganics             Maximum Allowable
                                                                         Leachate Conc. (mg/
                                                                         l)
                                            Constituent:
                                              Arsenic.................  3.00e-01

[[Page 227]]

 
                                              Barium..................  2.34e+01
                                              Cadmium.................  1.80e-01
                                              Chromium................  5.00e+00
                                              Lead....................  5.00e+00
                                              Mercury.................  7.70e-02
                                              Nickel..................  9.05e+00
                                              Selenium................  6.97e-01
                                              Silver..................  1.23e+00
                                              Cyanide.................  4.33e+00
                                              Cyanide extractions must
                                               be conducted using
                                               distilled water in
                                               place of the leaching
                                               media specified in the
                                               TCLP procedure.


                                             (B) Organics               Maximum allowable    Maximum allowable
                                                                         leachate conc. (mg/  total conc. (mg/
                                                                         l)                   kg)
                                            Constituent:
                                              Acetone.................  2.28e+01             4.56e+02
                                              Acetonitrile............  3.92e+00             7.84e+01
                                              Acetophenone............  2.28e+01             4.56e+02
                                              Acrolein................  1.53e+03             3.06e+04
                                              Acrylonitrile...........  7.80e-03             1.56e-01
                                              Aldrin..................  5.81e-06             1.16e-04
                                              Aniline.................  7.39e-01             1.48e+01
                                              Anthracene..............  8.00e+00             1.60e+02
                                              Benz(a)anthracene.......  1.93e-04             3.86e-03
                                              Benzene.................  1.45e-01             2.90e+00
                                              Benzo(a)pyrene..........  1.18e-05             2.36e-04
                                              Benzo(b)fluoranthene....  1.07e-04             2.14e-03
                                              Benzo(k)fluoranthene....  1.49e-03             2.98e-02
                                              Bis(2-chloroethyl)ether.  3.19e-02             6.38e-01
                                              Bis(2-                    8.96e-02             1.79e+00
                                               ethylhexyl)phthalate.
                                              Bromodichloromethane....  6.80e-02             1.36e+00
                                              Bromoform                 5.33e-01             1.07e+01
                                               (Tribromomethane).
                                              Butyl-4,6-dinitrophenol,  2.28e-01             4.56e+00
                                               2-sec-(Dinoseb).
                                              Butylbenzylphthalate....  9.29e+00             1.86e+02
                                              Carbon disulfide........  2.28e+01             4.56e+02
                                              Carbon tetrachloride....  4.50e-02             9.00e-01
                                              Chlordane...............  5.11e-04             1.02e-02
                                              Chloro-3-methylphenol 4-  2.97e+02             5.94e+03
                                              Chloroaniline, p-.......  9.14e-01             1.83e+01
                                              Chlorobenzene...........  6.08e+00             1.22e+02
                                              Chlorobenzilate.........  4.85e-02             9.70e-01
                                              Chlorodibromomethane....  5.02e-02             1.00e+00
                                              Chloroform..............  7.79e-02             1.56e+00
                                              Chlorophenol, 2-........  1.14e+00             2.28e+01
                                              Chrysene................  2.04e-02             4.08e-01
                                              Cresol..................  1.14e+00             2.28e+01
                                              DDD.....................  5.83e-04             1.17e-02
                                              DDE.....................  1.37e-04             2.74e-03
                                              DDT.....................  2.57e-04             5.14e-03
                                              Dibenz(a,h)anthracene...  5.59e-06             1.12e-04
                                              Dibromo-3-chloropropane,  3.51e-03             7.02e-02
                                               1,2-.
                                              Dichlorobenzene 1,3-....  9.35e+00             1.87e+02
                                              Dichlorobenzene, 1,2-...  1.25e+01             2.50e+02
                                              Dichlorobenzene, 1,4-...  1.39e-01             2.78e+00
                                              Dichlorobenzidine, 3,3'-  9.36e-03             1.87e-01
                                              Dichlorodifluoromethane.  4.57e+01             9.14e+02
                                              Dichloroethane, 1,1-....  1.20e+00             2.40e+01
                                              Dichloroethane, 1,2-....  2.57e-03             5.14e-02
                                              Dichloroethylene, 1,1-..  7.02e-03             1.40e-01
                                              Dichloroethylene, trans-  4.57e+00             9.14e+01
                                               1,2-.
                                              Dichlorophenol, 2,4-....  6.85e-01             1.37e+01
                                              Dichlorophenoxyacetic     2.28e+00             4.56e+01
                                               acid, 2,4-(2,4-D).
                                              Dichloropropane, 1,2-...  1.14e-01             2.28e+00
                                              Dichloropropene, 1,3-...  2.34e-02             4.68e-01
                                              Dieldrin................  6.23e+01             1.25e+03
                                              Diethyl phthalate.......  2.21e+02             4.42e+03
                                              Dimethoate..............  6.01e+01             1.20e+03
                                              Dimethyl phthalate......  1.20e+02             2.40e+03
                                              Dimethylbenz(a)anthracen  1.55e-06             3.10e-05
                                               e, 7,12-.
                                              Dimethylphenol, 2,4-....  4.57e+00             9.14e+01
                                              Di-n-butyl phthalate....  5.29e+00             1.06e+02
                                              Dinitrobenzene, 1,3-....  2.28e-02             4.56e-01
                                              Dinitromethylphenol, 4,6- 2.16e-02             4.32e-01
                                               ,2-.

[[Page 228]]

 
                                              Dinitrophenol, 2,4-.....  4.57e-01             9.14e+00
                                              Dinitrotoluene, 2,6-....  6.54e-03             1.31e-01
                                              Di-n-octyl phthalate....  1.12e-02             2.24e-01
                                              Dioxane, 1,4-...........  3.83e-01             7.66e+00
                                              Diphenylamine...........  3.76e+00             7.52e+01
                                              Disulfoton..............  3.80e+02             7.60e+03
                                              Endosulfan..............  1.37e+00             2.74e+01
                                              Endrin..................  2.00e-02             4.00e-01
                                              Ethylbenzene............  1.66e+01             3.32e+02
                                              Ethylene Dibromide......  4.13e-03             8.26e-02
                                              Fluoranthene............  5.16e-01             1.03e+01
                                              Fluorene................  1.78e+00             3.56e+01
                                              Heptachlor..............  8.00e-03             1.60e-01
                                              Heptachlor epoxide......  8.00e-03             1.60e-01
                                              Hexachloro-1,3-butadiene  9.61e-03             1.92e-01
                                              Hexachlorobenzene.......  9.67e-05             1.93e-03
                                              Hexachlorocyclohexane,    4.00e-01             8.00e+00
                                               gamma-(Lindane).
                                              Hexachlorocyclopentadien  1.66e+04             3.32e+05
                                               e.
                                              Hexachloroethane........  1.76e-01             3.52e+00
                                              Hexachlorophene.........  3.13e-04             6.26e-03
                                              Indeno(1,2,3-cd) pyrene.  6.04e-05             1.21e-03
                                              Isobutyl alcohol........  6.85e+01             1.37e+03
                                              Isophorone..............  4.44e+00             8.88e+01
                                              Methacrylonitrile.......  2.28e-02             4.56e-01
                                              Methoxychlor............  1.00e+01             2.00e+02
                                              Methyl bromide            1.28e+02             2.56e+03
                                               (Bromomethane).
                                              Methyl chloride           1.80e-01             3.60e+00
                                               (Chloromethane).
                                              Methyl ethyl ketone.....  1.37e+02             2.74e+03
                                              Methyl isobutyl ketone..  1.83e+01             3.66e+02
                                              Methyl methacrylate.....  1.03e+03             2.06e+04
                                              Methyl parathion........  1.27e+02             2.54e+03
                                              Methylene chloride......  2.88e-01             5.76e+00
                                              Naphthalene.............  1.50e+00             3.00e+01
                                              Nitrobenzene............  1.14e-01             2.28e+00
                                              Nitrosodiethylamine.....  2.81e-05             5.62e-04
                                              Nitrosodimethylamine....  8.26e-05             1.65e-03
                                              Nitrosodi-n-butylamine..  7.80e-04             1.56e-02
                                              N-Nitrosodi-n-            6.02e-04             1.20e-02
                                               propylamine.
                                              N-Nitrosodiphenylamine..  8.60e-01             1.72e+01
                                              N-Nitrosopyrrolidine....  2.01e-03             4.02e-02
                                              Pentachlorobenzene......  1.15e-02             2.30e-01
                                              Pentachloronitrobenzene   5.00e-03             1.00e-01
                                               (PCNB).
                                              Pentachlorophenol.......  4.10e-03             8.20e-02
                                              Phenanthrene............  2.09e-01             4.18e+00
                                              Phenol..................  1.37e+02             2.74e+03
                                              Polychlorinated           3.00e-05             6.00e-04
                                               biphenyls.
                                              Pronamide...............  1.71e+01             3.42e+02
                                              Pyrene..................  3.96e-01             7.92e+00
                                              Pyridine................  2.28e-01             4.56e+00
                                              Styrene.................  6.08e+00             1.22e+02
                                              Tetrachlorobenzene,       9.43e-03             1.89e-01
                                               1,2,4,5-.
                                              Tetrachloroethane,        4.39e-01             8.78e+00
                                               1,1,2,2-.
                                              Tetrachloroethylene.....  8.55e-02             1.71e+00
                                              Tetrachlorophenol,        1.81e+00             3.62e+01
                                               2,3,4,6-.
                                              Tetraethyl                3.01e+05             6.02e+06
                                               dithiopyrophosphate
                                               (Sulfotep).
                                              Toluene.................  4.57e+01             9.14e+02
                                              Toxaphene...............  5.00e-01             1.00e+01
                                              Trichlorobenzene, 1,2,4-  7.24e-01             1.45e+01
                                              Trichloroethane, 1,1,1-.  7.60e+00             1.52e+02
                                              Trichloroethane, 1,1,2-.  7.80e-02             1.56e+00
                                              Trichloroethylene.......  3.04e-01             6.08e+00
                                              Trichlorofluoromethane..  6.85e+01             1.37e+03
                                              Trichlorophenol, 2,4,5-.  9.16e+00             1.83e+02
                                              Trichlorophenol, 2,4,6-.  2.76e-01             5.52e+00
                                              Trichlorophenoxyacetic    2.28e+00             4.56e+01
                                               acid, 2,4,5-(245-T).
                                              Trichlorophenoxypropioni  1.00e+00             2.00e+01
                                               c acid, 2,4,5-(Silvex).
                                              Trichloropropane, 1,2,3-  7.69e-04             1.54e-02
                                              Trinitrobenzene, sym-...  6.49e+00             1.30e+02
                                              Vinyl chloride..........  2.34e-03             4.68e-02
                                              Xylenes (total).........  3.20e+02             6.40e+03


[[Page 229]]


           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
                                      (4) Changes in Operating
                                       Conditions: If GROWS
                                       significantly changes the
                                       treatment process or the
                                       chemicals used in the treatment
                                       process, GROWS may not manage the
                                       treatment sludge filter cake
                                       generated from the new process
                                       under this exclusion until it has
                                       met the following conditions: (a)
                                       GROWS must demonstrate that the
                                       waste meets the delisting levels
                                       set forth in Paragraph 3; (b) it
                                       must demonstrate that no new
                                       hazardous constituents listed in
                                       Appendix VIII of Part 261 have
                                       been introduced into the
                                       manufacturing or treatment
                                       process: and (c) it must obtain
                                       prior written approval from EPA
                                       and the Pennsylvania Department
                                       of Environmental Protection to
                                       manage the waste under this
                                       exclusion.
                                      (5) Reopener:
                                      (a) If GROWS discovers that a
                                       condition at the facility or an
                                       assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then GROWS
                                       must report any information
                                       relevant to that condition, in
                                       writing, to the Regional
                                       Administrator or his delegate and
                                       to the Pennsylvania Department of
                                       Environmental Protection within
                                       10 days of discovering that
                                       condition.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator or his delegate and
                                       the Pennsylvania Department of
                                       Environmental Protection will
                                       determine whether the reported
                                       condition requires further
                                       action. Further action may
                                       include repealing the exclusion,
                                       modifying the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
Goodyear Tire and  Randleman, NC....  Dewatered wastewater treatment
 Rubber Co.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations.
Gould, Inc.......  McConnels ville,   Wastewater treatment sludge (EPA
                    OH.                Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Hoechst Celanese   Bucks, Alabama...  Distillation bottoms generated (at
 Corporation.                          a maximum annual rate of 31,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990. This exclusion does not
                                       include the waste contained in
                                       Hoechst Celanese's on-site
                                       surface impoundment.
Hoechst Celanese   Leeds, South       Distillation bottoms generated (at
 Corporation.       Carolina.          a maximum annual rate of 38,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990.
Hanover Wire       Hanover,           Dewatered filter cake (EPA
 Cloth Division.    Pennsylvania.      Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Holston Army       Kingsport,         Dewatered wastewater treatment
 Ammunition Plant.  Tennessee.         sludges (EPA Hazardous Waste Nos.
                                       F003, F005, and K044) generated
                                       from the manufacturing and
                                       processing of explosives and
                                       containing spent non-halogenated
                                       solvents after November 14, 1986.
Imperial Clevite.  Salem, IN........  Solid resin cakes containing EPA
                                       Hazardous Waste No. F002
                                       generated after August 27, 1985,
                                       from solvent recovery operations.
Indiana Steel &    Munci, IN........  Dewatered wastewater treatment
 Wire Corporation                      sludges (EPA Hazardous Waste Nos.
 (formerly                             F006 and K062) generated from
 General Cable                         electroplating operations and
 Co.).                                 steel finishing operations after
                                       October 24, 1986. This exclusion
                                       does not apply to sludges in any
                                       on-site impoundments as of this
                                       date.
International      Terre Haute,       Spent non-halogenated solvents and
 Minerals and       Indiana.           still bottoms (EPA Hazardous
 Chemical                              Waste No. F003) generated from
 Corporation.                          the recovery of n-butyl alchohol
                                       after August 15, 1986.
Kawneer Company,   Springdale,        Wastewater treatment filter press
 Incorporated.      Arkansas.          sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 26 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       November 13, 1990.
Kay-Fries, Inc...  Stoney Point, NY.  Biological aeration lagoon sludge
                                       and filter press sludge generated
                                       after September 21, 1984, which
                                       contain EPA Hazardous Waste Nos.
                                       F003 and F005 as well as that
                                       disposed of in a holding lagoon
                                       as of September 21, 1984.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludge (EPA
                                       Hazardous Waste No. F019)
                                       generated from chemical
                                       conversion coating of aluminum
                                       after November 27, 1985.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F019)
                                       generated from the chemical
                                       conversion coating of aluminum
                                       and contained in an on-site
                                       impoundment on August 12, 1987.
                                       This is a one-time exclusion.
Lawrence Berkeley  Berkeley,          Treated ignitable and spent
 National           California.        halogenated and non-halogenated
 Laboratory.                           solvent mixed waste (D001, F002,
                                       F003, and F005), and bubbler
                                       water on silica gel generated
                                       during treatment at the National
                                       Tritium Labeling Facility (NTLF)
                                       of the Lawrence Berkeley National
                                       Laboratory (LBNL). This is a one-
                                       time exclusion for 200 U.S.
                                       gallons of treatment residues
                                       that will be disposed of in a
                                       Nuclear Regulatory Commission
                                       (NRC) licensed or Department of
                                       Energy (DOE) approved low-level
                                       radioactive waste disposal
                                       facility, after August 7, 2003.
                                      (1) Waste Management: The treated
                                       waste residue and bubbler water
                                       on silica gel must be managed in
                                       accordance with DOE or NRC
                                       requirements prior to and during
                                       disposal.

[[Page 230]]

 
                                      (2) Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, LBNL possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any organic constituent from the
                                       waste is detected in the leachate
                                       or the groundwater, then LBNL
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) Based on the information
                                       described in paragraph (2)(A) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify LBNL in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing LBNL with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. LBNL shall
                                       have 30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information. (D)
                                       If after 30 days LBNL presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (3) Notification Requirements:
                                       LBNL must do the following before
                                       transporting the delisted waste
                                       off-site:(A) Provide a one-time
                                       written notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                       (B) Update the one-time written
                                       notification if LBNL ships the
                                       delisted waste to a different
                                       disposal facility. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the exclusion.
Lederle            Pearl River, NY..  Spent non-halogenated solvents and
 Laboratories.                         still bottoms (EPA Hazardous
                                       Waste Nos. F003 and F005)
                                       generated from the recovery of
                                       the following solvents: Xylene,
                                       acetone, ethyl acetate, ethyl
                                       ether, methyl isobutyl ketone, n-
                                       butyl alcohol, cyclohexanone,
                                       methanol, toluene, and pyridine
                                       after August 2, 1988. Excusion
                                       applies to primary and secondary
                                       filter press sludges and compost
                                       soils generated from these
                                       sludges.
Lincoln Plating    Lincoln, NE......  Wastewater treatment sludges (EPA
 Company.                              Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 17,
                                       1986.
Lockheed Martin    Fort Worth, TX...  Sludge (EPA Hazardous Waste Number
 Aeronautics                           F019) generated at a maximum rate
 Company.                              of 90 cubic yards per calendar
                                       year after October 9, 2008.
                                      For the exclusion to be valid,
                                       Lockheed Martin Aeronautics
                                       Company must implement a
                                       verification testing program that
                                       meets the following Paragraphs:
                                      (1) Delisting Levels: All
                                       concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      Sludge Leachable Concentrations
                                       (mg/l): Antimony--8.45; Arsenic--
                                       0.657; Barium--100.0; Cadmium--
                                       1.00; Chromium--5.0; Chromium,
                                       Hexavalent--5.0; Cobalt--1040;
                                       Copper--1810; Cyanide--240; Lead--
                                       5.0; Mercury--0.20; Nickel--1040;
                                       Selenium--1.0; Silver--5.0;
                                       Vanadium--51.5; Zinc--15800;
                                       Acetone--40600; Acetonitrile--
                                       766; Carbon Disulfide--4400;
                                       Ethylbenzene--846; Methyl Ethyl
                                       Ketone--200.0; Methyl Isobutyl
                                       Ketone--3610; Methylene Chloride--
                                       6.16; Toluene--1180; Xylenes--
                                       745.
                                      (2) Waste Holding and Handling:
                                      (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for sludge has
                                       occurred for two consecutive
                                       quarterly sampling events.
                                      (B) If constituent levels in any
                                       sample taken by Lockheed Martin
                                       Aeronautics Company exceed any of
                                       the delisting levels set in
                                       paragraph (1) for the sludge,
                                       Lockheed Martin Aeronautics
                                       Company must do the following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the sludge
                                       as hazardous waste generated
                                       under Subtitle C of RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, Lockheed Martin
                                       Aeronautics Company may perform
                                       quarterly analytical testing by
                                       sampling and analyzing the sludge
                                       as follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the sludge
                                       at quarterly intervals after EPA
                                       grants the final exclusion. The
                                       first composite samples may be
                                       taken at any time after EPA
                                       grants the final approval.
                                       Sampling should be performed in
                                       accordance with the sampling plan
                                       approved by EPA in support of the
                                       exclusion.
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       sludge must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.

[[Page 231]]

 
                                      (iii) Within thirty (30) days
                                       after taking each quarterly
                                       sample, Lockheed Martin
                                       Aeronautics Company will report
                                       its quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       samples of the sludge do not
                                       exceed the levels set forth in
                                       paragraph (1) of this exclusion
                                       for two consecutive quarters or
                                       sampling events, Lockheed Martin
                                       Aeronautics Company can manage
                                       and dispose the non-hazardous
                                       sludge according to all
                                       applicable solid waste
                                       regulations.
                                      (B) Annual Testing:
                                      (i) If Lockheed Martin Aeronautics
                                       Company completes the quarterly
                                       testing specified in paragraph
                                       (3) above and no sample contains
                                       a constituent at a level which
                                       exceeds the limits set forth in
                                       paragraph (1), Lockheed Martin
                                       Aeronautics Company may begin
                                       annual testing as follows:
                                       Lockheed Martin Aeronautics
                                       Company must test two
                                       representative composite samples
                                       of the sludge for all
                                       constituents listed in paragraph
                                       (1) at least once per calendar
                                       year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that samples of the
                                       Lockheed Martin Aeronautics
                                       Company sludge are representative
                                       for all constituents listed in
                                       paragraph (1).
                                      (iii) The samples for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (iv) The annual testing report
                                       should include the total amount
                                       of waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions: If Lockheed Martin
                                       Aeronautics Company significantly
                                       changes the process described in
                                       its petition or starts any
                                       processes that generate(s) the
                                       waste that may or could affect
                                       the composition or type of waste
                                       generated (by illustration, but
                                       not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing and it
                                       may no longer handle the wastes
                                       generated from the new process as
                                       non-hazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      Lockheed Martin Aeronautics
                                       Company must submit a
                                       modification to the petition
                                       complete with full sampling and
                                       analysis for circumstances where
                                       the waste volume changes and/or
                                       additional waste codes are added
                                       to the waste stream.
                                      (5) Data Submittals:
                                      Lockheed Martin Aeronautics
                                       Company must submit the
                                       information described below. If
                                       Lockheed Martin Aeronautics
                                       Company fails to submit the
                                       required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (6). Lockheed Martin
                                       Aeronautics Company must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, Corrective Action and
                                       Waste Minimization Section,
                                       Multimedia Planning and
                                       Permitting Division, U.S.
                                       Environmental Protection Agency
                                       Region 6, 1445 Ross Ave., Dallas,
                                       Texas, 75202, within the time
                                       specified. All supporting data
                                       can be submitted on CD-ROM or
                                       some comparable electronic media.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either EPA or the State of
                                       Texas requests them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Reopener:

[[Page 232]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste Lockheed
                                       Martin Aeronautics Company
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Division Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Division Director within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph 1,
                                       Lockheed Martin Aeronautics
                                       Company must report the data, in
                                       writing, to the Division Director
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Lockheed Martin Aeronautics
                                       Company fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Division Director will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires EPA action to protect
                                       human health and/or the
                                       environment. Further action may
                                       include suspending, or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If the Division Director
                                       determines that the reported
                                       information requires action by
                                       EPA, the Division Director will
                                       notify the facility in writing of
                                       the actions the Division Director
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing the
                                       facility with an opportunity to
                                       present information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Division
                                       Director will issue a final
                                       written determination describing
                                       EPA actions that are necessary to
                                       protect human health and/or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (7) Notification Requirements:
                                       Lockheed Martin Aeronautics
                                       Company must do the following
                                       before transporting the delisted
                                       waste. Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update one-time written
                                       notification, if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Loxcreen Company,  Hayti, MO........  Dewatered wastewater treatment
 Inc..                                 sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.
MAHLE, Inc.......  Morristown,        Wastewater treatment sludge filter
                    Tennessee.         cake (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 33 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis sample and
                                       test for the constituents listed
                                       in 40 CFR 261.24 using the method
                                       specified therein. The annual
                                       analytical results (including
                                       quality control information) must
                                       be compiled, certified according
                                       to 40 CFR 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       representatives of EPA or the
                                       State of Tennessee. Failure to
                                       maintain the required records on-
                                       site will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA.
Marquette          Milwaukee,         Wastewater treatment sludge (EPA
 Electronics        Wisconsin.         Hazardous Waste No. F006)
 Incorporated.                         generated from electroplating
                                       operations. This exclusion was
                                       published on April 20, 1989.
Martin Marietta    Ocala, Florida...  Dewatered wastewater treatment
 Aerospace.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       January 23, 1987.
Mason              Bay St. Louis,     Wastewater treatment sludge filter
 Chamberlain,       Mississippi.       cake (EPA Hazardous Waste No.
 Incorporated.                         F019) generated (at a maximum
                                       annual rate of 1,262 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       October 27, 1989.
Maytag Company...  Newton, IA.......  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum November 17, 1986.
McDonnell Douglas  Tulsa, Oklahoma..  Stabilized wastewater treatment
 Corporation.                          sludges from surface impoundments
                                       previously closed as a landfill
                                       (at a maximum generation of
                                       85,000 cubic yards on a one-time
                                       basis). EPA Hazardous Waste No.
                                       F019, F002, F003, and F005
                                       generated at U.S. Air Force Plant
                                       No. 3, Tulsa, Oklahoma and is
                                       disposed of in Subtitle D
                                       landfills after February 26,
                                       1999.
                                      McDonnell Douglas must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:

[[Page 233]]

 
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       constituents in Conditions (1)(A)
                                       and (1)(B) in the approximately
                                       5,000 cubic yards of combined
                                       stabilization materials and
                                       excavated sludges from the bottom
                                       portion of the northwest lagoon
                                       of the surface impoundments which
                                       are closed as a landfill must not
                                       exceed the following levels (ppm)
                                       after the stabilization process
                                       is completed in accordance with
                                       Condition (3). Constituents must
                                       be measured in the waste leachate
                                       by the method specified in 40 CFR
                                       261.24. Cyanide extractions must
                                       be conducted using distilled
                                       water in the place of the
                                       leaching media per 40 CFR 261.24.
                                       Constituents in Condition (1)(C)
                                       must be measured as the total
                                       concentrations in the waste(ppm).
                                       (A) Inorganic Constituents
                                       (leachate)
                                       Antimony-0.336; Cadmium-0.280;
                                       Chromium (total)-5.0; Lead-0.84;
                                       Cyanide-11.2;
                                       (B) Organic Constituents
                                       (leachate)
                                       Benzene-0.28; trans-1,2-
                                       Dichloroethene-5.6;
                                       Tetrachloroethylene-0.280;
                                       Trichloroethylene-0.280
                                       (C) Organic Constituents (total
                                       analysis).
                                       Benzene-10.; Ethylbenzene-10.;
                                       Toluene-30.; Xylenes-30.; trans-
                                       1,2-Dichloroethene-30.;
                                       Tetrachloroethylene-6.0;
                                       Trichloroethylene-6.0.
                                       McDonnell Douglas Corporation
                                       shall control volatile emissions
                                       from the stabilization process by
                                       collection of the volatile
                                       chemicals as they are emitted
                                       from the waste but before release
                                       to the ambient air. and the
                                       facility shall use dust control
                                       measures. These two controls must
                                       be adequate to protect human
                                       health and the environment.
                                       The approximately 80,000 cubic
                                       yards of previously stabilized
                                       waste in the upper northwest
                                       lagoon, entire northeast lagoon,
                                       and entire south lagoon of the
                                       surface impoundments which were
                                       closed as a landfill requires no
                                       verification testing.
                                       (2) Waste Holding and Handling:
                                       McDonnell Douglas must store as
                                       hazardous all stabilized waste
                                       from the bottom portion of the
                                       northwest lagoon area of the
                                       closed landfill as generated
                                       until verification testing as
                                       specified in Condition (3), is
                                       completed and valid analyses
                                       demonstrate that Condition (1) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the stabilized waste
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in a
                                       Subtitle D landfill in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels set in
                                       Condition (1), the waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be restabilized until delisting
                                       levels are met or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.
                                       (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       McDonnell Douglas must stabilize
                                       the previously unstabilized waste
                                       from the bottom portion of the
                                       northwest lagoon of the surface
                                       impoundment (which was closed as
                                       a landfill) using fly ash, kiln
                                       dust or similar accepted
                                       materials in batches of 500 cubic
                                       yards or less. McDonnell Douglas
                                       must analyze one composite sample
                                       from each batch of 500 cubic
                                       yards or less. A minimum of four
                                       grab samples must be taken from
                                       each waste pile (or other
                                       designated holding area) of
                                       stabilized waste generated from
                                       each batch run. Each composited
                                       batch sample must be analyzed,
                                       prior to disposal of the waste in
                                       the batch represented by that
                                       sample, for constituents listed
                                       in Condition (1). There are no
                                       verification testing requirements
                                       for the stabilized wastes in the
                                       upper portions of the northwest
                                       lagoon, the entire northeast
                                       lagoon, and the entire south
                                       lagoon of the surface
                                       impoundments which were closed as
                                       a landfill.
                                       (4) Changes in Operating
                                       Conditions: If McDonnell Douglas
                                       significantly changes the
                                       stabilization process established
                                       under Condition (3) (e.g., use of
                                       new stabilization agents),
                                       McDonnell Douglas must notify the
                                       Agency in writing. After written
                                       approval by EPA, McDonnell
                                       Douglas may handle the wastes
                                       generated as non-hazardous, if
                                       the wastes meet the delisting
                                       levels set in Condition (1).
                                       (5) Data Submittals: Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (3) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of five years. These
                                       records and data must be
                                       furnished upon request by EPA, or
                                       the State of Oklahoma, or both,
                                       and made available for
                                       inspection. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                       Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.  1001
                                       and 42 U.S.C. Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.

[[Page 234]]

 
                                       As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                       In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                       (6) Reopener Language
                                       (a) If McDonnell Douglas
                                       discovers that a condition at the
                                       facility or an assumption related
                                       to the disposal of the excluded
                                       waste that was modeled or
                                       predicted in the petition does
                                       not occur as modeled or
                                       predicted, then McDonnell Douglas
                                       must report any information
                                       relevant to that condition, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of discovering
                                       that condition.
                                       (b) Upon receiving information
                                       described in paragraph (a) from
                                       any source, the Regional
                                       Administrator or his delegate
                                       will determine whether the
                                       reported condition requires
                                       further action. Further action
                                       may include revoking the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                       (7) Notification Requirements:
                                       McDonnell Douglas must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activity.
                                       The one-time written notification
                                       must be updated if the delisted
                                       waste is shipped to a different
                                       disposal facility. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
 
Merck & Company,   Elkton, Virginia.  One-time exclusion for fly ash
 Incorporated.                         (EPA Hazardous Waste No. F002)
                                       from the incineration of
                                       wastewater treatment sludge
                                       generated from pharmaceutical
                                       production processes and stored
                                       in an on-site fly ash lagoon.
                                       This exclusion was published on
                                       May 12, 1989.
Metropolitan       Cincinnati, OH...  Sluiced bottom ash sludge
 Sewer District                        (approximately 25,000 cubic
 of Greater                            yards), contained in the North
 Cincinnati.                           Lagoon, on September 21, 1984,
                                       which contains EPA Hazardous
                                       Wastes Nos. F001, F002, F003,
                                       F004, and F005.
Michelin Tire      Sandy Springs,     Dewatered wastewater treatment
 Corp..             South Carolina.    sludge (EPA Hazardous Wastes No.
                                       F006) generated from
                                       electroplating operations after
                                       November 14, 1986.
Monroe Auto        Paragould, AR....  Wastewater treatment sludge (EPA
 Equipment.                            Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after vacuum
                                       filtration after November 27,
                                       1985. This exclusion does not
                                       apply to the sludge contained in
                                       the on-site impoundment.
Nissan North       Smyrna, Tennessee  Wastewater treatment sludge (EPA
 America, Inc..                        Hazardous Waste No. F019) that
                                       Nissan North American, Inc.
                                       (Nissan) generates by treating
                                       wastewater from automobile
                                       assembly plant located on 983
                                       Nissan Drive in Smyrna,
                                       Tennessee. This is a conditional
                                       exclusion for up to 3,500 cubic
                                       yards of waste (hereinafter
                                       referred to as ``Nissan Sludge'')
                                       that will be generated each year
                                       and disposed in a Subtitle D
                                       landfill after February 27, 2006.
                                       Nissan must continue to
                                       demonstrate that the following
                                       conditions are met for the
                                       exclusion to be valid.
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       these metals, cyanide, and
                                       organic constituents must not
                                       exceed the following levels
                                       (ppm): Barium-100.0; Cadmium-
                                       0.422; Chromium-5.0; Cyanide-
                                       7.73, Lead-5.0; and Nickel-60.7;
                                       Bis-(2-ethylhexyl) phthalate-
                                       0.601; Di-n-octyl phthalate-
                                       0.0752; and 4-Methylphenol-7.66.
                                       These concentrations must be
                                       measured in the waste leachate
                                       obtained by the method specified
                                       in 40 CFR 261.24, except that for
                                       cyanide, deionized water must be
                                       the leaching medium. Cyanide
                                       concentrations in waste or
                                       leachate must be measured by the
                                       method specified in 40 CFR
                                       268.40, Note 7.
                                      (2) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A, (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       Methods must meet Performance
                                       Based Measurement System Criteria
                                       in which the Data Quality
                                       Objectives are to demonstrate
                                       that representative samples of
                                       the Nissan Sludge meet the
                                       delisting levels in Condition
                                       (1). Nissan must perform an
                                       annual testing program to
                                       demonstrate that constituent
                                       concentrations measured in the
                                       TCLP extract do not exceed the
                                       delisting levels established in
                                       Condition (1).

[[Page 235]]

 
                                      (3) Waste Holding and Handling:
                                       Nissan must hold sludge
                                       containers utilized for
                                       verification sampling until
                                       composite sample results are
                                       obtained. If the levels of
                                       constituents measured in Nissan's
                                       annual testing program do not
                                       exceed the levels set forth in
                                       Condition (1), then the Nissan
                                       Sludge is non-hazardous and must
                                       be managed in accordance with all
                                       applicable solid waste
                                       regulations. If constituent
                                       levels in a composite sample
                                       exceed any of the delisting
                                       levels set forth in Condition
                                       (1), the batch of Nissan Sludge
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      (4) Changes in Operating
                                       Conditions: Nissan must notify
                                       EPA in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are implemented. EPA will
                                       determine whether these changes
                                       will result in additional
                                       constituents of concern. If so,
                                       EPA will notify Nissan in writing
                                       that the Nissan Sludge must be
                                       managed as hazardous waste F019
                                       until Nissan has demonstrated
                                       that the wastes meet the
                                       delisting levels set forth in
                                       Condition (1) and any levels
                                       established by EPA for the
                                       additional constituents of
                                       concern, and Nissan has received
                                       written approval from EPA. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify Nissan, in writing, that
                                       Nissan must verify that the
                                       Nissan Sludge continues to meet
                                       Condition (1) delisting levels.
                                      (5) Data Submittals: Data obtained
                                       in accordance with Condition (2)
                                       must be submitted to Narindar M.
                                       Kumar, Chief, RCRA Enforcement
                                       and Compliance Branch, Mail Code:
                                       4WD-RCRA, U.S. EPA, Region 4, Sam
                                       Nunn Atlanta Federal Center, 61
                                       Forsyth Street, SW., Atlanta,
                                       Georgia 30303. The submission is
                                       due no later than 60 days after
                                       taking each annual verification
                                       samples in accordance with
                                       delisting Conditions (1) through
                                       (7). Records of analytical data
                                       from Condition (2) must be
                                       compiled, summarized, and
                                       maintained by Nissan for a
                                       minimum of three years, and must
                                       be furnished upon request by EPA
                                       or the State of Tennessee, and
                                       made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or maintain the required
                                       records for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      (6) Reopener Language: (A) If, at
                                       any time after disposal of the
                                       delisted waste, Nissan possesses
                                       or is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, Nissan
                                       must report the data, in writing,
                                       to EPA and Tennessee within 10
                                       days of first possessing or being
                                       made aware of that data. (B) If
                                       the testing of the waste, as
                                       required by Condition (2), does
                                       not meet the delisting
                                       requirements of Condition (1),
                                       Nissan must report the data, in
                                       writing, to EPA and Tennessee
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data. (C) Based on the
                                       information described in
                                       paragraphs (6)(A) or (6)(B) and
                                       any other information received
                                       from any source, EPA will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires that EPA take action to
                                       protect human health or the
                                       environment. Further action may
                                       include suspending or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment. (D) If EPA
                                       determines that the reported
                                       information does require Agency
                                       action, EPA will notify the
                                       facility in writing of the action
                                       believed necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing Nissan
                                       with an opportunity to present
                                       information as to why the
                                       proposed action is not necessary.
                                       Nissan shall have 10 days from
                                       the date of EPA's notice to
                                       present such information. (E)
                                       Following the receipt of
                                       information from Nissan, as
                                       described in paragraph (6)(D), or
                                       if no such information is
                                       received within 10 days, EPA will
                                       issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment, given the
                                       information received in
                                       accordance with paragraphs (6)(A)
                                       or (6)(B). Any required action
                                       described in EPA's determination
                                       shall become effective
                                       immediately, unless EPA provides
                                       otherwise.
                                      (7) Notification Requirements:
                                       Nissan must provide a one-time
                                       written notification to any State
                                       Regulatory Agency in a State to
                                       which or through which the
                                       delisted waste described above
                                       will be transported, at least 60
                                       days prior to the commencement of
                                       such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting conditions and a
                                       possible revocation of the
                                       decision to delist.
North American     Greenville,        Wastewater treatment sludges (EPA
 Philips Consumer   Tennessee.         Hazardous Waste No. F006)
 Electronics                           generated from electroplating
 Corporation.                          operations. This exclusion was
                                       published on April 20, 1989.
Occidental         Ingleside, Texas.  Limestone Sludge, (at a maximum
 Chemical.                             generation 1,114 cubic yards per
                                       calender year) Rockbox Residue,
                                       (at a maximum generation of 1,000
                                       cubic yards per calender year)
                                       generated by Occidental Chemical
                                       using the wastewater treatment
                                       process to treat the Rockbox
                                       Residue and the Limestone Sludge
                                       (EPA Hazardous Waste No. F025,
                                       F001, F003, and F005) generated
                                       at Occidental Chemical.

[[Page 236]]

 
                                      Occidental Chemical must implement
                                       a testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (ppm). The
                                       Rockbox Residue and the Limestone
                                       Sludge, must be measured in the
                                       waste leachate by the method
                                       specified in 40 CFR Part 261.24.
                                      (A) Rockbox Residue
                                      (i) Inorganic Constituents: Barium-
                                       100; Chromium-5; Copper-130; Lead-
                                       1.5; Selenium-1; Tin-2100;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents: Acetone-
                                       400; Bromodichloromethane-0.14;
                                       Bromoform-1.0; Chlorodibromethane-
                                       0.1; Chloroform-1.0;
                                       Dichloromethane-1.0; Ethylbenzene-
                                       7,000; 2,3,7,8-TCDD Equivalent-
                                       0.00000006
                                      (B) Limestone Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-0.6; Arsenic-5; Barium-
                                       100; Beryllium-0.4; Chromium-5;
                                       Cobalt-210; Copper-130; Lead-1.5;
                                       Nickel-70; Selenium-5; Silver-5;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents Acetone-
                                       400; Bromoform-1.0;
                                       Chlorodibromomethane-0.1;
                                       Dichloromethane-1.0; Diethyl
                                       phthalate-3,000, Ethylbenzene-
                                       7,000; 1,1,1-Trichloroethane-20;
                                       Toluene-700;
                                       Trichlorofluoromethane-1,000,
                                       Xylene-10,000, 2,3,7,8-TCDD
                                       Equivalent-0.00000006;
                                      (2) Waste Holding and Handling:
                                       Occidental Chemical must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous waste all Rockbox
                                       Residue and the Limestone Sludge
                                       generated until the verification
                                       testing described in Condition
                                       (3)(B), as appropriate, is
                                       completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Rockbox Residue
                                       and the Limestone Sludge do not
                                       exceed the levels set forth in
                                       Condition (1), then the waste is
                                       nonhazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, any analyses requiring
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must use those methods
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. If EPA judges the
                                       incineration process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       Occidental Chemical may replace
                                       the testing required in Condition
                                       (3)(A) with the testing required
                                       in Condition (3)(B). Occidental
                                       Chemical must continue to test as
                                       specified in Condition (3)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       (i) During the first 40 operating
                                       days of the Incinerator Offgas
                                       Treatment System after the final
                                       exclusion is granted, Occidental
                                       Chemical must collect and analyze
                                       composites of the Limestone
                                       Sludge. Daily composites must be
                                       representative grab samples
                                       collected every 6 hours during
                                       each unit operating cycle. The
                                       two wastes must be analyzed,
                                       prior to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must also be
                                       analyzed for pH. Occidental
                                       Chemical must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after the generation of the
                                       two wastes.
                                      (ii) When the Rockbox unit is
                                       decommissioned for cleanout,
                                       after the final exclusion is
                                       granted, Occidental Chemical must
                                       collect and analyze composites of
                                       the Rockbox Residue. Two
                                       composites must be composed of
                                       representative grab samples
                                       collected from the Rockbox unit.
                                       The waste must be analyzed, prior
                                       to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must be analyzed for
                                       pH. No later than 90 days after
                                       the Rockbox is decommissioned for
                                       cleanout the first two times
                                       after this exclusion becomes
                                       final, Occidental Chemical must
                                       report the operational and
                                       analytical test data, including
                                       quality control information.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Occidental
                                       Chemical may substitute the
                                       testing conditions in (3)(B) for
                                       (3)(A)(i). Occidental Chemical
                                       must continue to monitor
                                       operating conditions, analyze
                                       samples representative of each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated over one quarter.
                                       (This provision does not apply to
                                       the Rockbox Residue.)
                                      (C)Termination of Organic Testing
                                       for the Limestone Sludge:
                                       Occidental Chemical must continue
                                       testing as required under
                                       Condition (3)(B) for organic
                                       constituents specified under
                                       Condition (3)(B) for organic
                                       constituents specified in
                                       Condition (1)(A)(ii) and
                                       (1)(B)(ii) until the analyses
                                       submitted under Condition (3)(B)
                                       show a minimum of two consecutive
                                       quarterly samples below the
                                       delisting levels in Condition
                                       (1)(A)(ii) and (1)(B)(ii),
                                       Occidental Chemical may then
                                       request that quarterly organic
                                       testing be terminated. After EPA
                                       notifies Occidental Chemical in
                                       writing it may terminate
                                       quarterly organic testing.
                                       Following termination of the
                                       quarterly testing, Occidental
                                       Chemical must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after exclusion).

[[Page 237]]

 
                                      (4) Changes in Operating
                                       Conditions: If Occidental
                                       Chemical significantly changes
                                       the process which generate(s) the
                                       waste(s) and which may or could
                                       affect the composition or type
                                       waste(s) generated as established
                                       under Condition (1) (by
                                       illustration, but not limitation,
                                       change in equipment or operating
                                       conditions of the treatment
                                       process), Occidental Chemical
                                       must notify the EPA in writing
                                       and may no longer handle the
                                       wastes generated from the new
                                       process or no longer discharges
                                       as nonhazardous until the wastes
                                       meet the delisting levels set
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: The data
                                       obtained through Condition 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.  1001
                                       and 42 U.S.C. Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener: (a) If Occidental
                                       Chemical discovers that a
                                       condition at the facility or an
                                       assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then
                                       Occidental Chemical must report
                                       any information relevant to that
                                       condition, in writing, to the
                                       Director of the Multimedia
                                       Planning and Permitting Division
                                       or his delegate within 10 days of
                                       discovering that condition. (b)
                                       Upon receiving information
                                       described in paragraph (a) from
                                       any source, the Director or his
                                       delegate will determine whether
                                       the reported condition requires
                                       further action. Further action
                                       may include revoking the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (7) Notification Requirements:
                                       Occidental Chemical must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
Philway Products,  Ashland, Ohio....  Filter press sludge generated (at
 Incorporated.                         a maximum annual rate of 96 cubic
                                       yards) during the treatment of
                                       electroplating wastewaters using
                                       lime (EPA Hazardous Waste No.
                                       F006). This exclusion was
                                       published on October 26, 1990.
Plastene Supply    Portageville,      Dewatered wastewater treatment
 Company.           Missouri.          sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       August 15, 1986.
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA
                    Connecticut.       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 1,000 cubic yards) after
                                       September 19, 1994. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12),
                                       maintained on site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Connecticut.
                                       Failure to maintain the required
                                       records on site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
Reynolds Metals    Sheffield, AL....  Dewatered wastewater treatment
 Company.                              sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after August 15, 1986.
Reynolds Metals    Sheffield, AL....  Wastewater treatment filter press
 Company.                              sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 3,840 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on July
                                       17, 1990.
Rhodia...........  Houston,Texas....  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. D001-D43, F001-F012,
                                       F019, F024, F025, F032, F034,
                                       F037-F039) generated at Rhodia.

[[Page 238]]

 
                                      Rhodia must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (mg/l). For the
                                       filter-cake constituents must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24.
                                      (A) Filter-cake Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-1.15; Arsenic-1.40;
                                       Barium-21.00; Beryllium-1.22;
                                       Cadmium-0.11; Cobalt-189.00;
                                       Copper-90.00; Chromium-0.60; Lead-
                                       0.75; Mercury-0.025; Nickel-9.00;
                                       Selenium-4.50; Silver-0.14;
                                       Thallium-0.20; Vanadium-1.60;
                                       Zinc-4.30
                                      (ii) Organic Constituents:
                                       Chlorobenzene-Non Detect; Carbon
                                       Tetrachloride-Non Detect; Acetone-
                                       360; Chloroform-0.9
                                      (2) Waste Holding and Handling:
                                       Rhodia must store in accordance
                                       with its RCRA permit, or continue
                                       to dispose of as hazardous waste
                                       all Filter-cake Sludge until the
                                       verification testing described in
                                       Condition (3)(A), as appropriate,
                                       is completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Filter-cake Sludge
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations.
                                      (3) Verification Testing
                                       Requirements: Rhodia must perform
                                       sample collection and analyses,
                                       including quality control
                                       procedures, using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       If EPA judges the process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       Rhodia may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). Rhodia must continue to
                                       test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       At quarterly intervals for one
                                       year after the final exclusion is
                                       granted, Rhodia must collect and
                                       analyze composites of the filter-
                                       cake sludge. From Paragraph 1
                                       TCLP must be run on all waste and
                                       any constituents for which total
                                       concentrations have been
                                       identified. Rhodia must conduct a
                                       multiple pH leaching procedure on
                                       samples collected during the
                                       quarterly intervals. Rhodia must
                                       perform the TCLP procedure using
                                       distilled water and three
                                       different pH extraction fluids to
                                       simulate disposal under three
                                       conditions. Simulate an acidic
                                       landfill environment, basic
                                       landfill environment and a
                                       landfill environment similar to
                                       the pH of the waste. Rhodia must
                                       report the operational and
                                       analytical test data, including
                                       quality control information,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the generation of the
                                       waste.
                                      (B) Subsequent Verification
                                       Testing: Following termination of
                                       the quarterly testing, Rhodia
                                       must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after the final exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Rhodia
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process), or its
                                       NPDES permit is changed, revoked
                                       or not reissued, Rhodia must
                                       notify the EPA in writing and may
                                       no longer handle the waste
                                       generated from the new process or
                                       no longer discharge as
                                       nonhazardous until the waste meet
                                       the delisting levels set in
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: Rhodia must
                                       submit the information described
                                       below. If Rhodia fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       Paragraph 6. Rhodia must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      (i) Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.

[[Page 239]]

 
                                      (ii) As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      (iii) If any of this information
                                       is determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language
                                      (A) If, anytime after disposal of
                                       the delisted waste, Rhodia
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       Rhodia must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Rhodia fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       Rhodia must do following before
                                       transporting the delisted waste:
                                       Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Saturn             Spring Hill,       Dewatered wastewater treatment
 Corporation.       Tennessee.         plant (WWTP) sludge (EPA
                                       Hazardous Waste No. F019)
                                       generated at a maximum rate of
                                       3,000 cubic yards per calendar
                                       year. The sludge must be disposed
                                       in a lined, Subtitle D landfill
                                       with leachate collection that is
                                       licensed, permitted, or otherwise
                                       authorized to accept the delisted
                                       WWTP sludge in accordance with 40
                                       CFR part 258. The exclusion
                                       becomes effective on December 23,
                                       2005.
                                      For the exclusion to be valid,
                                       Saturn must implement a
                                       verification testing program that
                                       meets the following conditions:
                                      1. Delisting Levels: The
                                       constituent concentrations in an
                                       extract of the waste must not
                                       exceed the following maximum
                                       allowable concentrations in mg/l:
                                       antimony--0.494; arsenic--0.224;
                                       total chromium--3.71; lead--5.0;
                                       nickel--68; thallium--0.211; and
                                       zinc--673. Sample collection and
                                       analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A, (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       Methods must meet Performance
                                       Based Measurement System Criteria
                                       in which the Data Quality
                                       Objectives are to demonstrate
                                       that representative samples of
                                       Saturn's sludge meet the
                                       delisting levels in this
                                       condition.
                                      2. Waste Holding and Handling:

[[Page 240]]

 
                                      (a) Saturn must accumulate the
                                       hazardous waste dewatered WWTP
                                       sludge in accordance with the
                                       applicable regulations of 40 CFR
                                       262.34 and continue to dispose of
                                       the dewatered WWTP sludge as
                                       hazardous waste until the results
                                       of the first quarterly
                                       verification testing are
                                       available.
                                      (b) After the first quarterly
                                       verification sampling event
                                       described in Condition (3) has
                                       been completed and the laboratory
                                       data demonstrates that no
                                       constituent is present in the
                                       sample at a level which exceeds
                                       the delisting levels set in
                                       Condition (1), Saturn can manage
                                       and dispose of the dewatered WWTP
                                       sludge as nonhazardous according
                                       to all applicable solid waste
                                       regulations.
                                      (c) If constituent levels in any
                                       sample taken by Saturn exceed any
                                       of the delisting levels set in
                                       Condition (1), Saturn must do the
                                       following:
                                      (i) Notify EPA in accordance with
                                       Condition (7) and
                                      (ii) Manage and dispose the
                                       dewatered WWTP sludge as
                                       hazardous waste generated under
                                       Subtitle C of RCRA.
                                      3. Quarterly Testing Requirements:
                                       Upon this exclusion becoming
                                       final, Saturn may perform
                                       quarterly analytical testing by
                                       sampling and analyzing the
                                       dewatered WWTP sludge as follows:
                                      (i) Collect one representative
                                       composite sample (consisting of
                                       four grab samples) of the
                                       hazardous waste dewatered WWTP
                                       sludge at any time after EPA
                                       grants the final delisting. In
                                       addition, collect the second,
                                       third, and fourth quarterly
                                       samples at approximately ninety
                                       (90)-day intervals after EPA
                                       grants the final exclusion.
                                      (ii) Analyze the samples for all
                                       constituents listed in Condition
                                       (1). Any roll-offs from which the
                                       composite sample is taken
                                       exceeding the delisting levels
                                       listed in Condition (1) must be
                                       disposed as hazardous waste in a
                                       Subtitle C landfill.
                                      (iii) Within forty-five (45) days
                                       after taking its first quarterly
                                       sample, Saturn will report its
                                       first quarterly analytical test
                                       data to EPA and will include the
                                       certification statement required
                                       in condition (6). If levels of
                                       constituents measured in the
                                       sample of the dewatered WWTP
                                       sludge do not exceed the levels
                                       set forth in Condition (1) of
                                       this exclusion, Saturn can manage
                                       and dispose the nonhazardous
                                       dewatered WWTP sludge according
                                       to all applicable solid waste
                                       regulations.
                                      4. Annual Verification Testing:
                                      (i) If Saturn completes the
                                       quarterly testing specified in
                                       Condition (3) above, and no
                                       sample contains a constituent
                                       with a level which exceeds the
                                       limits set forth in Condition
                                       (1), Saturn may begin annual
                                       verification testing on an annual
                                       basis. Saturn must collect and
                                       analyze one sample of the WWTP
                                       sludge on an annual basis as
                                       follows: Saturn must test one
                                       representative composite sample
                                       of the dewatered WWTP sludge for
                                       all constituents listed in
                                       Condition (1) at least once per
                                       calendar year.
                                      (ii) The sample collected for
                                       annual verification testing shall
                                       be a representative composite
                                       sample consisting of four grab
                                       samples that will be collected in
                                       accordance with the appropriate
                                       methods described in Condition
                                       (1).
                                      (iii) The sample for the annual
                                       testing for the second and
                                       subsequent annual testing events
                                       shall be collected within the
                                       same calendar month as the first
                                       annual verification sample.
                                       Saturn will report the results of
                                       the annual verification testing
                                       to EPA on an annual basis and
                                       will include the certification
                                       statement required by Condition
                                       (6).
                                      5. Changes in Operating
                                       Conditions: Saturn must notify
                                       EPA in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are implemented. EPA will
                                       determine whether these changes
                                       will result in additional
                                       constituents of concern. If so,
                                       EPA will notify Saturn in writing
                                       that Saturn's sludge must be
                                       managed as hazardous waste F019
                                       until Saturn has demonstrated
                                       that the wastes meet the
                                       delisting levels set forth in
                                       Condition (1) and any levels
                                       established by EPA for the
                                       additional constituents of
                                       concern, and Saturn has received
                                       written approval from EPA. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify Saturn, in writing, that
                                       Saturn must verify that Saturn's
                                       sludge continues to meet
                                       Condition (1) delisting levels.
                                      6. Data Submittals: Saturn must
                                       submit data obtained through
                                       verification testing at Saturn or
                                       as required by other conditions
                                       of this rule to: Chief, North
                                       Section, RCRA Enforcement and
                                       Compliance Branch, Waste
                                       Management Division, U.S.
                                       Environmental Protection Agency
                                       Region 4, Sam Nunn Atlanta
                                       Federal Center, 61 Forsyth Street
                                       SW., Atlanta, Georgia 30303. If
                                       Saturn fails to submit the
                                       required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, the EPA, at its
                                       discretion, will consider this
                                       sufficient basis to re-open the
                                       exclusion as described in
                                       Condition (7). Saturn must:
                                      (A) Submit the data obtained
                                       through Condition (3) within the
                                       time specified. The quarterly
                                       verification data must be
                                       submitted to EPA in accordance
                                       with Condition (3). The annual
                                       verification data and
                                       certification statement of proper
                                       disposal must be submitted to EPA
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      (B) Compile, Summarize, and
                                       Maintain Records: Saturn must
                                       compile, summarize, and maintain
                                       at Saturn records of operating
                                       conditions and analytical data
                                       records of analytical data from
                                       Condition (3), summarized, and
                                       maintained on-site for a minimum
                                       of five years. Saturn must
                                       furnish these records and data
                                       when either the EPA or the State
                                       of Tennessee requests them for
                                       inspection.

[[Page 241]]

 
                                      (C) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted: ``I
                                       certify under penalty of law that
                                       I have personally examined and am
                                       familiar with the information
                                       submitted in this demonstration
                                       and all attached documents, and
                                       that, based on my inquiry of
                                       those individuals immediately
                                       responsible for getting the
                                       information, I believe that the
                                       submitted information is true,
                                       accurate, and complete. I am
                                       aware that there are significant
                                       penalties for sending false
                                       information, including the
                                       possibility of fine and
                                       imprisonment.''
                                      7. Reopener.
                                      (A) If, at any time after disposal
                                       of the delisted waste, Saturn
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted WWTP
                                       sludge at Saturn indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level or TCLP
                                       regulatory level, then Saturn
                                       must report the data, in writing,
                                       to the Regional Administrator
                                       within ten (10) days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) Based upon the information
                                       described in Paragraph (A) and
                                       any other information received
                                       from any source, the EPA Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires EPA action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       determines that the reported
                                       information does require EPA
                                       action, the Regional
                                       Administrator will notify Saturn
                                       in writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notification shall include a
                                       statement of the proposed action
                                       and a statement providing Saturn
                                       with an opportunity to present
                                       information as to why the
                                       proposed EPA action is not
                                       necessary. Saturn shall have ten
                                       (10) days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (D) Following the receipt of
                                       information from Saturn, or if
                                       Saturn presents no further
                                       information after 10 days, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the EPA actions that
                                       are necessary to protect human
                                       health or the environment. Any
                                       required action described in the
                                       Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
                                      8. Notification Requirements:
                                       Before transporting the delisted
                                       waste, Saturn must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which it will
                                       transport the delisted WWTP
                                       sludge for disposal. The
                                       notification will be updated if
                                       Saturn transports the delisted
                                       WWTP sludge to a different
                                       disposal facility. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting variance and a possible
                                       revocation of the decision.
Savannah River     Aiken, South       Vitrified waste (EPA Hazardous
 Site (SRS).        Carolina.          Waste Nos. F006 and F028) that
                                       the United States Department of
                                       Energy Savannah River Operations
                                       Office (DOE-SR) generated by
                                       treating the following waste
                                       streams from the M-Area of the
                                       Savannah River Site (SRS) in
                                       Aiken, South Carolina, as
                                       designated in the SRS Site
                                       Treatment Plan: W-004, Plating
                                       Line Sludge from Supernate
                                       Treatment; W-995, Mark 15 Filter
                                       Cake; W-029, Sludge Treatability
                                       Samples (glass and cementitious);
                                       W-031, Uranium/Chromium Solution;
                                       W-037, High Nickel Plating Line
                                       Sludge; W-038, Plating Line Sump
                                       Material; W-039, Nickel Plating
                                       Line Solution; W-048, Soils from
                                       Spill Remediation and Sampling
                                       Programs; W-054, Uranium/Lead
                                       Solution; W-082, Soils from
                                       Chemicals, Metals, and Pesticides
                                       Pits Excavation; and Dilute
                                       Effluent Treatment Facility
                                       (DETF) Filtercake (no Site
                                       Treatment Plan code). This is a
                                       one-time exclusion for 538 cubic
                                       yards of waste (hereinafter
                                       referred to as ``DOE-SR Vitrified
                                       Waste'') that was generated from
                                       1996 through 1999 and 0.12 cubic
                                       yard of cementitious treatability
                                       samples (hereinafter referred to
                                       as ``CTS'') generated from 1988
                                       through 1991 (EPA Hazardous Waste
                                       No. F006). The one-time exclusion
                                       for these wastes is contingent on
                                       their being disposed in a low-
                                       level radioactive waste landfill,
                                       in accordance with the Atomic
                                       Energy Act, after [insert date of
                                       final rule.] DOE-SR has
                                       demonstrated that concentrations
                                       of toxic constituents in the DOE-
                                       SR Vitrified Waste and CTS do not
                                       exceed the following levels:
                                         (1) TCLP Concentrations: All
                                          leachable concentrations for
                                          these metals did not exceed
                                          the Land Disposal Restrictions
                                          (LDR) Universal Treatment
                                          Standards (UTS): (mg/l TCLP):
                                          Arsenic--5.0; Barium--21;
                                          Beryllium--1.22; Cadmium--
                                          0.11; Chromium--0.60; Lead--
                                          0.75; Nickel--11; and Silver--
                                          0.14. In addition, none of the
                                          metals in the DOE-SR Vitrified
                                          Waste exceeded the allowable
                                          delisting levels of the EPA,
                                          Region 6 Delisting Risk
                                          Assessment Software (DRAS):
                                          (mg/l TCLP): Arsenic--0.0649;
                                          Barium--100.0; Beryllium--
                                          0.40; Cadmium--1.0; Chromium--
                                          5.0; Lead--5.0; Nickel--10.0;
                                          and Silver--5.0. These metal
                                          concentrations were measured
                                          in the waste leachate obtained
                                          by the method specified in 40
                                          CFR 261.24.
                                         Total Concentrations in
                                          Unextracted Waste: The total
                                          concentrations in the DOE-SR
                                          Vitrified Waste, not the waste
                                          leachate, did not exceed the
                                          following levels (mg/kg):
                                          Arsenic--10; Barium--200;
                                          Beryllium--10; Cadmium--10;
                                          Chromium--500; Lead--200;
                                          Nickel--10,000; Silver--20;
                                          Acetonitrile--1.0, which is
                                          below the LDR UTS of 38 mg/kg;
                                          and Fluoride--1.0

[[Page 242]]

 
                                         (2) Data Records: Records of
                                          analytical data for the
                                          petitioned waste must be
                                          maintained by DOE-SR for a
                                          minimum of three years, and
                                          must be furnished upon request
                                          by EPA or the State of South
                                          Carolina, and made available
                                          for inspection. Failure to
                                          maintain the required records
                                          for the specified time will be
                                          considered by EPA, at its
                                          discretion, sufficient basis
                                          to revoke the exclusion to the
                                          extent directed by EPA. All
                                          data must be maintained with a
                                          signed copy of the
                                          certification statement in 40
                                          CFR 260.22(i)(12).
                                         (3) Reopener Language: (A) If,
                                          at any time after disposal of
                                          the delisted waste, DOE-SR
                                          possesses or is otherwise made
                                          aware of any environmental
                                          data (including but not
                                          limited to leachate data or
                                          groundwater monitoring data)
                                          or any other data relevant to
                                          the delisted waste indicating
                                          that any constituent is
                                          identified at a level higher
                                          than the delisting level
                                          allowed by EPA in granting the
                                          petition, DOE-SR must report
                                          the data, in writing, to EPA
                                          within 10 days of first
                                          possessing or being made aware
                                          of that data. (B) Based on the
                                          information described in
                                          paragraph (3)(A) and any other
                                          information received from any
                                          source, EPA will make a
                                          preliminary determination as
                                          to whether the reported
                                          information requires that EPA
                                          take action to protect human
                                          health or the environment.
                                          Further action may include
                                          suspending or revoking the
                                          exclusion, or other
                                          appropriate response necessary
                                          to protect human health and
                                          the environment. (C) If EPA
                                          determines that the reported
                                          information does require
                                          Agency action, EPA will notify
                                          the facility in writing of the
                                          action believed necessary to
                                          protect human health and the
                                          environment. The notice shall
                                          include a statement of the
                                          proposed action and a
                                          statement providing DOE-SR
                                          with an opportunity to present
                                          information as to why the
                                          proposed action is not
                                          necessary. DOE-SR shall have
                                          10 days from the date of EPA's
                                          notice to present such
                                          information.(E) Following the
                                          receipt of information from
                                          DOE-SR, as described in
                                          paragraph (3)(D), or if no
                                          such information is received
                                          within 10 days, EPA will issue
                                          a final written determination
                                          describing the Agency actions
                                          that are necessary to protect
                                          human health or the
                                          environment, given the
                                          information received in
                                          accordance with paragraphs
                                          (3)(A) or (3)(B). Any required
                                          action described in EPA's
                                          determination shall become
                                          effective immediately, unless
                                          EPA provides otherwise.
                                         (4) Notification Requirements:
                                          DOE-SR must provide a one-time
                                          written notification to any
                                          State Regulatory Agency in a
                                          State to which or through
                                          which the delisted waste
                                          described above will be
                                          transported, at least 60 days
                                          prior to the commencement of
                                          such activities. Failure to
                                          provide such a notification
                                          will result in a violation of
                                          the delisting conditions and a
                                          possible revocation of the
                                          decision to delist.
Siegel-Robert,     St. Louis, MO....  Wastewater treatment sludge (EPA
 Inc..                                 Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Shell Oil Company  Deer Park, TX....  North Pond Sludge (EPA Hazardous
                                       Waste No. F037) generated one
                                       time at a volume of 15,000 cubic
                                       yards August 23, 2005 and
                                       disposed in a Subtitle D
                                       landfill. This is a one time
                                       exclusion and applies to 15,000
                                       cubic yards of North Pond Sludge.
                                      (1) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Shell
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Division Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Division Director within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (B) If Shell fails to submit the
                                       information described in
                                       paragraph (A) or if any other
                                       information is received from any
                                       source, the Division Director
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires EPA
                                       action to protect human health or
                                       the environment. Further action
                                       may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (C) If the Division Director
                                       determines that the reported
                                       information does require EPA
                                       action, the Division Director
                                       will notify the facility in
                                       writing of the actions the
                                       Division Director believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.
                                      (D) Following the receipt of
                                       information from the facility
                                       described in paragraph (C) or if
                                       no information is presented under
                                       paragraph (C), the Division
                                       Director will issue a final
                                       written determination describing
                                       the actions that are necessary to
                                       protect human health or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (2) Notification Requirements:
                                       Shell must do the following
                                       before transporting the delisted
                                       waste: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       regulatory agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.

[[Page 243]]

 
                                      (B) Update the one-time written
                                       notification, if they ship the
                                       delisted waste to a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Shell Oil Company  Deer Park, TX....  Multi-source landfill leachate
                                       (EPA Hazardous Waste No. F039)
                                       generated at a maximum annual
                                       rate of 3.36 million gallons
                                       (16,619 cu. yards) per calendar
                                       year after August 23, 2005 and
                                       disposed in accordance with the
                                       TPDES permit.
                                      The delisting levels set do not
                                       relieve Shell Oil Company of its
                                       duty to comply with the limits
                                       set in its TPDES permit. For the
                                       exclusion to be valid, Shell Oil
                                       Company must implement a
                                       verification testing program that
                                       meets the following paragraphs:
                                      (1) Delisting Levels: All total
                                       concentrations for those
                                       constituents must not exceed the
                                       following levels (mg/l). The
                                       petitioner must analyze the
                                       aqueous waste on a total basis to
                                       measure constituents in the multi-
                                       source landfill leachate.
                                      Multi-source landfill leachate (i)
                                       Inorganic Constituents Antimony-
                                       0.0204; Arsenic-0.385; Barium-
                                       2.92; Copper-418.00; Chromium-
                                       5.0; Cobalt-2.25; Nickel-1.13;
                                       Selenium-0.0863; Thallium-0.005;
                                       Vanadium-0.838
                                      (ii) Organic Constituents Acetone-
                                       1.46; Acetophenone-1.58; Benzene-
                                       0.0222; p-Cresol-0.0788; Bis(2-
                                       ethylhexyl)phthlate-15800.00;
                                       Dichloroethane, 1,2-0.0803;
                                       Ethylbenzene-4.51; Fluorene-1.87;
                                       Napthalene-1.05; Phenol-9.46;
                                       Phenanthrene-1.36; Pyridine-
                                       0.0146; 2,3,7,8-TCDD equivalents
                                       as TEQ-0.0000926; Toluene-4.43;
                                       Trichloropropane-0.000574;
                                       Xylenes (total)-97.60
                                      (2) Waste Management:
                                      (A) Shell Oil Company must manage
                                       as hazardous all multi-source
                                       landfill leachate generated,
                                       until it has completed initial
                                       verification testing described in
                                       paragraph (3)(A) and (B), as
                                       appropriate, and valid analyses
                                       show that paragraph (1) is
                                       satisfied.
                                      (B) Levels of constituents
                                       measured in the samples of the
                                       multi-source landfill leachate
                                       that do not exceed the levels set
                                       forth in paragraph (1) are non-
                                       hazardous. Shell Oil Company can
                                       manage and dispose of the non-
                                       hazardous multi-source landfill
                                       leachate according to all
                                       applicable solid waste
                                       regulations.
                                      (C) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in paragraph
                                       (1), Shell Oil Company can
                                       collect one additional sample and
                                       perform expedited analyses to
                                       verify if the constituent exceeds
                                       the delisting level. If this
                                       sample confirms the exceedance,
                                       Shell Oil Company must, from that
                                       point forward, treat the waste as
                                       hazardous until it is
                                       demonstrated that the waste again
                                       meets the levels in paragraph
                                       (1).
                                      (D) If the facility has not
                                       treated the waste, Shell Oil
                                       Company must manage and dispose
                                       of the waste generated under
                                       Subtitle C of RCRA from the time
                                       that it becomes aware of any
                                       exceedance.
                                      (E) Upon completion of the
                                       Verification Testing described in
                                       paragraph 3(A) and (B) as
                                       appropriate and the transmittal
                                       of the results to EPA, and if the
                                       testing results meet the
                                       requirements of paragraph (1),
                                       Shell Oil Company may proceed to
                                       manage its multi-source landfill
                                       leachate as non-hazardous waste.
                                       If Subsequent Verification
                                       Testing indicates an exceedance
                                       of the delisting levels in
                                       paragraph (1), Shell Oil Company
                                       must manage the multi-source
                                       landfill leachate as a hazardous
                                       waste until two consecutive
                                       quarterly testing samples show
                                       levels below the delisting levels
                                       in Table I.
                                      (3) Verification Testing
                                       Requirements: Shell Oil Company
                                       must perform sample collection
                                       and analyses, including quality
                                       control procedures, using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods used must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives demonstrate
                                       that representative samples of
                                       the Shell-Deer Park multi-source
                                       landfill leachate are collected
                                       and meet the delisting levels in
                                       paragraph (1).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, Shell Oil Company must
                                       do the following:
                                      (i) Within 60 days of this
                                       exclusions becoming final,
                                       collect four samples, before
                                       disposal, of the multi-source
                                       landfill leachate.
                                      (ii) The samples are to be
                                       analyzed and compared against the
                                       delisting levels in paragraph
                                       (1).
                                      (iii) Within sixty (60) days after
                                       this exclusion becomes final,
                                       Shell Oil Company will report
                                       initial verification analytical
                                       test data for the multi-source
                                       landfill leachate, including
                                       analytical quality control
                                       information for the first thirty
                                       (30) days of operation after this
                                       exclusion becomes final. If
                                       levels of constituents measured
                                       in the samples of the multi-
                                       source landfill leachate that do
                                       not exceed the levels set forth
                                       in paragraph (1) are also non-
                                       hazardous in two consecutive
                                       quarters after the first thirty
                                       (30) days of operation after this
                                       exclusion become effective, Shell
                                       Oil Company can manage and
                                       dispose of the multi-source
                                       landfill leachate according to
                                       all applicable solid waste
                                       regulations.

[[Page 244]]

 
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Shell Oil
                                       Company may substitute the
                                       testing conditions in (3)(B) for
                                       (3)(A). Shell Oil Company must
                                       continue to monitor operating
                                       conditions, and analyze one
                                       representative sample of the
                                       multi-source landfill leachate
                                       for each quarter of operation
                                       during the first year of waste
                                       generation. The sample must
                                       represent the waste generated
                                       during the quarter. After the
                                       first year of analytical sampling
                                       verification sampling can be
                                       performed on a single annual
                                       sample of the multi-source
                                       landfill leachate. The results
                                       are to be compared to the
                                       delisting levels in paragraph
                                       (1).
                                      (C) Termination of Testing:
                                      (i) After the first year of
                                       quarterly testing, if the
                                       delisting levels in paragraph (1)
                                       are being met, Shell Oil Company
                                       may then request that EPA not
                                       require quarterly testing. After
                                       EPA notifies Shell Oil Company in
                                       writing, the company may end
                                       quarterly testing.
                                      (ii) Following cancellation of the
                                       quarterly testing, Shell Oil
                                       Company must continue to test a
                                       representative sample for all
                                       constituents listed in paragraph
                                       (1) annually.
                                      (4) Changes in Operating
                                       Conditions: If Shell Oil Company
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could significantly affect the
                                       composition or type of waste
                                       generated as established under
                                       paragraph (1) (by illustration,
                                       but not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing; it
                                       may no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: Shell Oil
                                       Company must submit the
                                       information described below. If
                                       Shell Oil Company fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph 6. Shell Oil Company
                                       must:
                                      (A) Submit the data obtained
                                       through paragraph 3 to the
                                       Section Chief, Region 6
                                       Corrective Action and Waste
                                       Minimization Section, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-C) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the state of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Shell Oil
                                       Company possesses or is otherwise
                                       made aware of any environmental
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by the
                                       Division Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Division Director within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in paragraph 1,
                                       Shell Oil Company must report the
                                       data, in writing, to the Division
                                       Director within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Shell Oil Company fails to
                                       submit the information described
                                       in paragraphs (5),(6)(A) or
                                       (6)(B) or if any other
                                       information is received from any
                                       source, the Division Director
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires EPA
                                       action to protect human health
                                       and/or the environment. Further
                                       action may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If the Division Director
                                       determines that the reported
                                       information does require action,
                                       he will notify the facility in
                                       writing of the actions the
                                       Division Director believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed action by EPA is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.

[[Page 245]]

 
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       if no information is presented
                                       under paragraph (6)(D), the
                                       Division Director will issue a
                                       final written determination
                                       describing the actions that are
                                       necessary to protect human health
                                       and/or the environment. Any
                                       required action described in the
                                       Division Director's determination
                                       shall become effective
                                       immediately, unless the Division
                                       Director provides otherwise.
                                      (7) Notification Requirements:
                                       Shell Oil Company must do the
                                       following before transporting the
                                       delisted waste. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       regulatory agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       exclusion and a possible
                                       revocation of the decision.
Southeastern       Suffolk, Virginia  Combustion ash generated from the
 Public Service                        burning of spent solvent methyl
 Authority (SPSA)                      ethyl ketone (Hazardous Waste
 and Onyx                              Number F005) and disposed in a
 Environmental                         Subtitle D landfill. This is a
 Service (Onyx).                       one-time exclusion for 1410 cubic
                                       yards of ash and is effective
                                       after September 11, 2003.
                                      (1) Reopener Language (a) If SPSA
                                       and/or Onyx discovers that any
                                       condition or assumption related
                                       to the characterization of the
                                       excluded waste which was used in
                                       the evaluation of the petition or
                                       that was predicted through
                                       modeling is not as reported in
                                       the petition, then SPSA and/or
                                       Onyx must report any information
                                       relevant to that condition or
                                       assumption, in writing, to the
                                       Regional Administrator and the
                                       Virginia Department of
                                       Environmental Quality within 10
                                       calendar days of discovering that
                                       information.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator will determine
                                       whether the reported condition
                                       requires further action. Further
                                       action may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       action deemed necessary to
                                       protect human health or the
                                       environment.
                                      (2) Notification Requirements In
                                       the event that the delisted waste
                                       is transported off-site for
                                       disposal, SPSA/Onyx must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported at least
                                       sixty (60) calendar days prior to
                                       the commencement of such
                                       activities. Failure to provide
                                       such notification will be deemed
                                       to be a violation of this
                                       exclusion and may result in
                                       revocation of the decision and
                                       other enforcement action.
Square D Company.  Oxford, Ohio.....  Dewatered filter press sludge (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Syntex             Springfield, MO..  Kiln ash, cyclone ash, separator
 Agribusiness.                         sludge, and filtered wastewater
                                       (except spent activiated carbon)
                                       (EPA Hazardous Waste No. F020
                                       generated during the treatment of
                                       wastewater treatment sludge by
                                       the EPA's Mobile Incineration
                                       System at the Denney Farm Site in
                                       McDowell, Missouri after June 2,
                                       1988, so long as:
                                      (1) The incinerator is monitored
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to
                                       comply with the permit conditions
                                       relevant to the mechanical
                                       operation of the incinerator,
                                       Syntex must test the residues
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)
                                       through (6), regardless of
                                       whether or not the demonstration
                                       in Condition (7) has been made.
                                      (2) Four grab samples of
                                       wastewater must be composited
                                       from the volume of filtered
                                       wastewater collected after each
                                       eight hour run and, prior to
                                       disposal the composite samples
                                       must be analyzed for the EP toxic
                                       metals, nickel, and cyanide. If
                                       arsenic, chromium, lead, and
                                       silver EP leachate test results
                                       exceed 0.61 ppm; barium levels
                                       exceed 12 ppm; cadmium and
                                       selenium levels exceed 0.12 ppm;
                                       mercury levels exceed 0.02 ppm;
                                       nickel levels exceed 6.1 ppm; or
                                       cyanide levels exceed 2.4 ppm,
                                       the wastewater must be retreated
                                       to achieve these levels or must
                                       be disposed in accordance with
                                       all applicable hazardous waste
                                       regulations. Analyses must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method- defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.

[[Page 246]]

 
                                      (3) One grab sample must be taken
                                       from each drum of kiln and
                                       cyclone ash generated during each
                                       eight-hour run; all grabs
                                       collected during a given eight-
                                       hour run must then be composited
                                       to form one composite sample. A
                                       composite sample of four grab
                                       samples of the separator sludge
                                       must be collected at the end of
                                       each eight-hour run. Prior to the
                                       disposal of the residues from
                                       each eight-hour run, an EP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       extraction) to demonstrate that
                                       the following maximum allowable
                                       treatment residue concentrations
                                       listed below are not exceeded.
                                       Analyses must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Any residues which exceed
                                       any of the levels listed below
                                       must be retreated to achieve
                                       these levels or must be disposed
                                       in accordance with all applicable
                                       hazardous waste regulations.
                                      Maximum Allowable Solids Treatment
                                       Residue EP Leachate
                                       Concentrations (mg/L)
                                      Arsenic--1.6, Barium--32, Cadmium--
                                       0.32, Chromium--1.6, Lead--1.6,
                                       Mercury--0.065, Nickel--16,
                                       Selenium--0.32, Silver--1.6,
                                       Cyanide--6.5.
                                      (4) If Syntex stabilizes any of
                                       the kiln and cyclone ash or
                                       separator sludge, a Portland
                                       cement-type stabilization process
                                       must be used and Syntex must
                                       collect a composite sample of
                                       four grab samples from each batch
                                       of stabilized waste. An MEP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       leachate analysis) to demonstrate
                                       that the maximum allowable
                                       treatment residue concentrations
                                       listed in condition (3) are not
                                       exceeded during any run of the
                                       MEP extraction. Analyses must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C 9045D, 9060A,
                                       9070A (uses EPA Method 1664, Rev.
                                       A), 9071B, and 9095B. Any
                                       residues which exceed any of the
                                       levels listed in Condition (3)
                                       must be retreated to achieve
                                       these levels or must be disposed
                                       in accordance with all applicable
                                       hazardous waste regulations. (If
                                       the residues are stabilized, the
                                       analyses required in this
                                       condition supercede the analyses
                                       required in Condition (3).)
                                      (5) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight
                                       hour run from each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the maximum
                                       allowable treatment residue
                                       concentrations listed below are
                                       not exceeded. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Any solid or liquid
                                       residues which exceed any of the
                                       levels listed below must be
                                       retreated to achieve these levels
                                       or must be disposed in accordance
                                       with Subtitle C of RCRA. Maximum
                                       Allowable Wastewater
                                       Concentrations (ppm):
                                      Benz(a)anthracene--1 x 10-4,
                                       Benzo(a)pyrene--4 x 10 -5,
                                       Benzo(b)fluoranthene--2 x 10 -4,
                                       Chloroform--0.07, Chrysene--
                                       0.002, Dibenz(a,h)anthracene--9 x
                                       10-6, 1,2-Dichloroethane--0.06,
                                       Dichloromethane--0.06,
                                       Indeno(1,2,3-cd)pyrene--0.002,
                                       Polychlorinated biphenyls--1 x 10-
                                       4, 1,2,4,5-Tetrachlorobenzene--
                                       0.13, 2,3,4,6-Tetrachlorophenol--
                                       12, Toluene--120,
                                       Trichloroethylene--0.04, 2,4,5-
                                       Trichlorophenol--49, 2,4,6-
                                       Trichlorophenol--0.02, Maximum
                                       Allowable Solid Treatment
                                       Residue.
                                      Concentrations (ppm);
                                       Benz(a)anthracene--1.1,
                                       Benzo(a)pyrene--0.43,
                                       benzo(b)fluoranthene--1.8,
                                       Chloroform--5.4, Chrysene--170,
                                       Dibenz(a,h)anthracene--0.083,
                                       Dichloromethane--2.4, 1,2-
                                       Dichloroethane--4.1, Indeno(1,2,3-
                                       cd)pyrene--330, Polychlorinated
                                       biphenyls--0.31, 1,2,4,5-
                                       Tetrachlorobenzene--720,
                                       Trichloroethylene--6.6, 2,4,6-
                                       Trichlorophenol--3.9.

[[Page 247]]

 
                                      (6) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight-
                                       hour run for each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the residues do
                                       not contain tetra-, penta-, or
                                       hexachlorodibenzo-p-dioxins or
                                       furans at levels of regulatory
                                       concern. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). The TCDD
                                       equivalent levels for wastewaters
                                       must be less than 2 ppq and less
                                       than 5 ppt for the solid
                                       treatment residues. Any residues
                                       with detected dioxins or furans
                                       in excess of these levels must be
                                       retreated or must be disposed as
                                       acutely hazardous. For this
                                       analysis, Syntex must use
                                       appropriate methods. For tetra-
                                       and pentachloronated dioxin and
                                       furan homologs, the maximum
                                       practical quantitation limit must
                                       not exceed 15 ppt for solids and
                                       120 ppq for wastewaters. For
                                       hexachlorinated homologs, the
                                       maximum practical quantitation
                                       limit must not exceed 37 ppt for
                                       solids and 300 ppq for
                                       wastewaters.
                                      (7)(A) The test data from
                                       Conditions (1), (2), (3), (4),
                                       (5) and (6) must be kept on file
                                       by Syntex for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW (WH-563), US EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 by certified
                                       mail on a monthly basis and when
                                       the treatment of the lagoon
                                       sludge is concluded. All data
                                       submitted will be placed in the
                                       RCRA docket.
                                      (B) The testing requirements for
                                       Conditions (2), (3), (4), (5),
                                       and (6) will continue until
                                       Syntex provides the Section
                                       Chief, Variances Section, with
                                       the results of four consecutive
                                       batch analyses for the petitioned
                                       wastes, none of which exceed the
                                       maximum allowable treatment
                                       residue concentrations listed in
                                       these conditions and the Section
                                       Chief, Variances Section,
                                       notifies Syntex that the
                                       conditions have been lifted.
                                      (8) Syntex must provide a signed
                                       copy of the following
                                       certification statement when
                                       submitting data in response to
                                       the conditions listed above:
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations, I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate, and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       accuracy, I certify as the
                                       company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.''
SR of Tennessee..  Ripley, TN.......  Dewatered wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F006) generated from the copper,
                                       nickel, and chromium
                                       electroplating of plastic parts
                                       after November 17, 1986.
Tenneco            Paragould, AR....  Stabilized sludge from
 Automotive.                           electroplating operations,
                                       excavated from the Finch Road
                                       Landfill and currently stored in
                                       containment cells by Tenneco (EPA
                                       Hazardous Waste Nos. F006). This
                                       is a one-time exclusion for 1,800
                                       cubic yards of stabilized sludge
                                       when it is disposed of in a
                                       Subtitle D landfill. This
                                       exclusion was published on August
                                       9, 2001.
                                      (1) Reopener Language:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Tenneco
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If Tenneco fails to submit the
                                       information described in (2)(A)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       or his delegate determines the
                                       reported information does require
                                       Agency action, the Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (D) Following the receipt of
                                       information from the facility
                                       described in (1)(C) or (if no
                                       information is presented under
                                       (1)(C)) the initial receipt of
                                       information described in (1)(A),
                                       the Regional Administrator or his
                                       delegate will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (2) Notification Requirements:
                                      Tenneco must do following before
                                       transporting the delisted waste
                                       off-site: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the exclusion.

[[Page 248]]

 
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if Tenneco ships the
                                       delisted waste to a different
                                       disposal facility.
Tennessee          Ripley, Tennessee  Dewatered wastewater treatment
 Electroplating.                       sludges (EPA Hazardous Waste Nos.
                                       F006) generated from
                                       electroplating operations after
                                       November 17, 1986. To ensure
                                       chromium levels do not exceed the
                                       regulatory standards there must
                                       be continuous batch testing of
                                       the filter press sludge for
                                       chromium for 45 days after the
                                       exclusion is granted. Each batch
                                       of treatment residue must be
                                       representatively sampled and
                                       tested using the EP toxicity test
                                       for chromium. This data must be
                                       kept on file at the facility for
                                       inspection purposes. If the
                                       extract levels exceed 0.922 ppm
                                       of chromium the waste must be
                                       managed and disposed of as
                                       hazardous. If these conditions
                                       are not met, the exclusion does
                                       not apply. This exclusion does
                                       not apply to sludges in any on-
                                       site impoundments as of this
                                       date.
Tennessee          Ripley, TN.......  Wastewater treatment sludge (EPA
 Electroplating.                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in an on-
                                       site surface impoundment (maximum
                                       volume of 6,300 cubic yards).
                                       This is a one-time exclusion.
                                       This exclusion was published on
                                       April 8, 1991.
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. D001,
                                       D003, D018, D019, D021, D022,
                                       D027, D028, D029, D030, D032,
                                       D033, D034, D035, D036, D038,
                                       D039, D040, F001, F002, F003,
                                       F005, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement a testing program
                                       that meets the following
                                       conditions for the petition to be
                                       valid:
                                      1. Delisting Levels: All leachable
                                       concentrations for those metals
                                       must not exceed the following
                                       levels (mg/l). Metal
                                       concentrations must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR Sec.
                                       261.24.
                                      (A) Inorganic Constituents
                                      Antimony--0.27; Arsenic--2.25;
                                       Barium--90.0; Beryllium--0.0009;
                                       Cadmium--0.225; Chromium--4.5;
                                       Cobalt--94.5; Copper--58.5; Lead--
                                       0.675; Mercury--0.045; Nickel--
                                       4.5; Selenium--1.0; Silver--5.0;
                                       Thallium--0.135; Tin--945.0;
                                       Vanadium--13.5; Zinc--450.0
                                      (B) Organic Constituents
                                      Acenaphthene--90.0; Acetone--
                                       180.0; Benzene--0.135;
                                       Benzo(a)anthracene--0.00347;
                                       Benzo(a)pyrene--0.00045; Benzo(b)
                                       fluoranthene--0.00320; Bis(2
                                       ethylhexyl) phthalate--0.27;
                                       Butylbenzyl phthalate--315.0;
                                       Chloroform--0.45; Chlorobenzene--
                                       31.5; Carbon Disulfide--180.0;
                                       Chrysene--0.1215; 1,2-
                                       Dichlorobenzene--135.0; 1,4-
                                       Dichlorobenzene--0.18; Di-n-butyl
                                       phthalate--180.0; Di-n-octyl
                                       phthalate--35.0; 1,4 Dioxane--
                                       0.36; Ethyl Acetate--1350.0;
                                       Ethyl Ether--315.0; Ethylbenzene--
                                       180.0; Flouranthene--45.0;
                                       Fluorene--45.0; 1-Butanol--180.0;
                                       Methyl Ethyl Ketone--200.0;
                                       Methylene Chloride--0.45; Methyl
                                       Isobutyl Ketone--90.0;
                                       Naphthalene--45.0; Pyrene--45.0;
                                       Toluene--315.0; Xylenes--3150.0
                                      2. Waste Holding and Handling:
                                       Texas Eastman must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous all FBI ash generated
                                       until the Initial and Subsequent
                                       Verification Testing described in
                                       Paragraph 4 and 5 below is
                                       completed and valid analyses
                                       demonstrate that all Verification
                                       Testing Conditions are satisfied.
                                       After completion of Initial and
                                       Subsequent Verification Testing,
                                       if the levels of constituents
                                       measured in the samples of the
                                       FBI ash do not exceed the levels
                                       set forth in Paragraph 1 above,
                                       and written notification is given
                                       by EPA, then the waste is non-
                                       hazardous and may be managed and
                                       disposed of in accordance with
                                       all applicable solid waste
                                       regulations.
                                      3. Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       If EPA judges the incineration
                                       process to be effective under the
                                       operating conditions used during
                                       the initial verification testing
                                       described in Condition (4) Texas
                                       Eastman may replace the testing
                                       required in Condition (4) with
                                       the testing required in Condition
                                       (5) below. Texas Eastman must,
                                       however, continue to test as
                                       specified in Condition (4) until
                                       notified by EPA in writing that
                                       testing in Condition (4) may be
                                       replaced by the testing described
                                       in Condition (5).
                                      4. Initial Verification Testing:
                                       During the first 40 operating
                                       days of the FBI incinerator after
                                       the final exclusion is granted,
                                       Texas Eastman must collect and
                                       analyze daily composites of the
                                       FBI ash. Daily composites must be
                                       composed of representative grab
                                       samples collected every 6 hours
                                       during each 24-hour FBI operating
                                       cycle. The FBI ash must be
                                       analyzed, prior to disposal of
                                       the ash, for all constituents
                                       listed in Paragraph 1. Texas
                                       Eastman must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after receipt of the
                                       validated analytical results.

[[Page 249]]

 
                                      5. Subsequent Verification
                                       Testing: Following the completion
                                       of the Initial Verification
                                       Testing, Texas Eastman may
                                       request to monitor operating
                                       conditions and analyze samples
                                       representative of each quarter of
                                       operation during the first year
                                       of ash generation. The samples
                                       must represent the untreated ash
                                       generated over one quarter.
                                       Following written notification
                                       from EPA, Texas Eastman may begin
                                       the quarterly testing described
                                       in this Paragraph.
                                      6. Termination of Organic Testing:
                                       Texas Eastman must continue
                                       testing as required under
                                       Paragraph 5 for organic
                                       constituents specified in
                                       Paragraph 1 until the analyses
                                       submitted under Paragraph 5 show
                                       a minimum of two consecutive
                                       quarterly samples below the
                                       delisting levels in Paragraph 1.
                                       Texas Eastman may then request
                                       that quarterly organic testing be
                                       terminated. After EPA notifies
                                       Texas Eastman in writing it may
                                       terminate quarterly organic
                                       testing.
                                      7. Annual Testing: Following
                                       termination of quarterly testing
                                       under either Paragraphs 5 or 6,
                                       Texas Eastman must continue to
                                       test a representative composite
                                       sample for all constituents
                                       listed in Paragraph 1 (including
                                       organics) on an annual basis (no
                                       later than twelve months after
                                       the date that the final exclusion
                                       is effective).
                                      8. Changes in Operating
                                       Conditions: If Texas Eastman
                                       significantly changes the
                                       incineration process described in
                                       its petition or implements any
                                       new manufacturing or production
                                       process(es) which generate(s) the
                                       ash and which may or could affect
                                       the composition or type of waste
                                       generated established under
                                       Paragraph 3 (by illustration {but
                                       not limitation{time} , use of
                                       stabilization reagents or
                                       operating conditions of the
                                       fluidized bed incinerator), Texas
                                       Eastman must notify the EPA in
                                       writing and may no longer handle
                                       the wastes generated from the new
                                       process as non-hazardous until
                                       the wastes meet the delisting
                                       levels set in Paragraph 1 and it
                                       has received written approval to
                                       do so from EPA.
                                      9. Data Submittals: The data
                                       obtained through Paragraph 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Paragraph 3 must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 USC 1001 and 42
                                       USC 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      10. Notification Requirements:
                                       Texas Eastman must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which the delisted
                                       waste described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Trigen/Cinergy-    Lansing, Michigan  Waste water treatment plant
 USFOS of Lansing                      sludge, F019, that is generated
 LLC at General                        at General Motors Corporation's
 Motors                                Lansing Grand River (GM-Grand
 Corporation,                          River) facility by Trigen/Cinergy-
 Lansing Grand                         USFOS of Lansing LLC exclusively
 River.                                from wastewaters from GM-Grand
                                       River, Lansing, Michigan at a
                                       maximum annual rate of 2,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR Part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; p-Cresol--11.4; and
                                       Formaldehyde--84.2. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--8.92; and Formaldehyde--
                                       689. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.

[[Page 250]]

 
Tyco Printed       Melbourne,         Wastewater treatment sludge (EPA
 Circuit Group,     Florida.           Hazardous Waste No. F006) that
 Melbourne                             Tyco Printed Circuit Group,
 Division.                             Melbourne Division (Tyco)
                                       generates by treating wastewater
                                       from its circuit board
                                       manufacturing plant located on
                                       John Rodes Blvd. in Melbourne,
                                       Florida. This is a conditional
                                       exclusion for up to 590 cubic
                                       yards of waste (hereinafter
                                       referred to as ``Tyco Sludge'')
                                       that will be generated each year
                                       and disposed in a Subtitle D
                                       landfill or shipped to a smelter
                                       for metal recovery after May 14,
                                       2001. Tyco must demonstrate that
                                       the following conditions are met
                                       for the exclusion to be valid.
                                       (Please see Condition (8) for
                                       certification and recordkeeping
                                       requirements that must be met in
                                       order for the exclusion to be
                                       valid for waste that is sent to a
                                       smelter for metal recovery.)
                                      (1) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CDFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       Methods must meet Performance
                                       Based Measurement System Criteria
                                       in which the Data Quality
                                       Objectives are to demonstrate
                                       that representative samples of
                                       the Tyco Sludge meet the
                                       delisting levels in Condition
                                       (3).
                                      (A) Initial Verification Testing:
                                       Tyco must collect and analyze a
                                       representative sample of every
                                       batch, for eight sequential
                                       batches of Tyco sludge generated
                                       in its wastewater treatment
                                       system after May 14, 2001. A
                                       batch is the Tyco Sludge
                                       generated during one day of
                                       wastewater treatment. Tyco must
                                       analyze for the constituents
                                       listed in Condition (3). A
                                       minimum of four composite samples
                                       must be collected as
                                       representative of each batch.
                                       Tyco must report analytical test
                                       data, including quality control
                                       information, no later than 60
                                       days after generating the first
                                       batch of Tyco Sludge to be
                                       disposed in accordance with the
                                       delisting Conditions (1) through
                                       (7).
                                      (B) Subsequent Verification
                                       Testing: If the initial
                                       verification testing in Condition
                                       (1)(A) is successful, i.e.,
                                       delisting levels of condition (3)
                                       are met for all of the eight
                                       initial batches, Tyco must test a
                                       minimum of 5% of the Tyco Sludge
                                       generated each year. Tyco must
                                       collect and analyze at least one
                                       composite sample representative
                                       of that 5%. The composite must be
                                       made up of representative samples
                                       collected from each batch
                                       included in the 5%. Tyco may, at
                                       its discretion, analyze composite
                                       samples gathered more frequently
                                       to demonstrate that smaller
                                       batches of waste are non-
                                       hazardous.
                                      (2) Waste Holding and Handling:
                                       Tyco must store as hazardous all
                                       Tyco Sludge generated until
                                       verification testing as specified
                                       in Condition (1)(A) or (1)(B), as
                                       appropriate, is completed and
                                       valid analyses demonstrate that
                                       Condition (3) is satisfied. If
                                       the levels of constituents
                                       measured in the samples of Tyco
                                       Sludge do not exceed the levels
                                       set forth in Condition (3), then
                                       the Tyco Sludge is non-hazardous
                                       and must be managed in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels set forth in
                                       Condition (3), the batch of Tyco
                                       Sludge generated during the time
                                       period corresponding to this
                                       sample must be retreated until it
                                       meets the delisting levels set
                                       forth in Condition (3), or
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      (3) Delisting Levels: All
                                       leachable concentrations for
                                       these metals and cyanide must not
                                       exceed the following levels
                                       (ppm): Barium--100; Cadmium--0.5;
                                       Chromium--5.0; Cyanide--20, Lead--
                                       1.5; and Nickel--73. These metal
                                       and cyanide concentrations must
                                       be measured in the waste leachate
                                       obtained by the method specified
                                       in 40 CFR 261.24, except that for
                                       cyanide, deionized water must be
                                       the leaching medium. The total
                                       concentration of cyanide (total,
                                       not amenable) in the waste, not
                                       the waste leachate, must not
                                       exceed 200 mg/kg. Cyanide
                                       concentrations in waste or
                                       leachate must be measured by the
                                       method specified in 40 CFR
                                       268.40, Note 7. The total
                                       concentrations of metals in the
                                       waste, not the waste leachate,
                                       must not exceed the following
                                       levels (ppm): Barium--2,000;
                                       Cadmium--500; Chromium--1,000;
                                       Lead--2,000; and Nickel--20,000.
                                      (4) Changes in Operating
                                       Conditions: Tyco must notify EPA
                                       in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are necessary (e.g., use of new
                                       chemicals not specified in the
                                       petition). EPA will determine
                                       whether these changes will result
                                       in additional constituents of
                                       concern. If so, EPA will notify
                                       Tyco in writing that the Tyco
                                       sludge must be managed as
                                       hazardous waste F006, pending
                                       receipt and evaluation of a new
                                       delisting petition. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify Tyco, in writing, that
                                       Tyco must repeat Condition (1)(A)
                                       to verify that the Tyco Sludge
                                       continues to meet Condition (3)
                                       delisting levels.

[[Page 251]]

 
                                      (5) Data Submittals: Data obtained
                                       in accordance with Condition
                                       (1)(A) must be submitted to
                                       Jewell Grubbs, Chief, RCRA
                                       Enforcement and Compliance
                                       Branch, Mail Code: 4WD-RCRA, U.S.
                                       EPA, Region 4, Sam Nunn Atlanta
                                       Federal Center, 61 Forsyth
                                       Street, Atlanta, Georgia 30303.
                                       This notification is due no later
                                       than 60 days after generating the
                                       first batch of Tyco Sludge to be
                                       disposed in accordance with
                                       delisting Conditions (1) through
                                       (7). Records of analytical data
                                       from Condition (1) must be
                                       compiled, summarized, and
                                       maintained by Tyco for a minimum
                                       of three years, and must be
                                       furnished upon request by EPA or
                                       the State of Florida, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       for the specified time will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's void exclusion.
                                      (6) Reopener Language: (A) If,
                                       anytime after disposal or
                                       shipment to a smelter of the
                                       delisted waste, Tyco possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, Tyco must
                                       report the data, in writing, to
                                       EPA within 10 days of first
                                       possessing or being made aware of
                                       that data. (B) If the testing of
                                       the waste, as required by
                                       Condition (1)(B), does not meet
                                       the delisting requirements of
                                       Condition (3), Tyco must report
                                       the data, in writing, to EPA
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data. (C) Based on the
                                       information described in
                                       paragraphs (6)(A) or (6)(B) and
                                       any other information received
                                       from any source, EPA will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires that EPA take action to
                                       protect human health or the
                                       environment. Further action may
                                       include suspending, or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment. (D) If EPA
                                       determines that the reported
                                       information does require Agency
                                       action, EPA will notify the
                                       facility in writing of the action
                                       believed necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing Tyco
                                       with an opportunity to present
                                       information as to why the
                                       proposed action is not necessary.
                                       Tyco shall have 10 days from the
                                       date of EPA's notice to present
                                       such information. (E) Following
                                       the receipt of information from
                                       Tyco, as described in paragraph
                                       (6)(D) or if no such information
                                       is received within 10 days, EPA
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment, given the
                                       information received in
                                       accordance with paragraphs (6)(A)
                                       or (6)(B). Any required action
                                       described in EPA's determination
                                       shall become effective
                                       immediately.
                                      (7) Notification Requirements:
                                       Tyco must provide a one-time
                                       written notification to any State
                                       Regulatory Agency in a State to
                                       which or through which the
                                       delisted waste described above
                                       will be transported, at least 60
                                       days prior to the commencement of
                                       such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting conditions and a
                                       possible revocation of the
                                       decision to delist.

[[Page 252]]

 
                                      (8) Recordkeeping and
                                       Certification Requirements for
                                       Waste to be Smelted for Metal
                                       Recovery: Tyco must maintain in
                                       its facility files, and make
                                       available for inspection by EPA
                                       and the Florida Department of
                                       Environmental Protection (FDEP),
                                       records that include the name,
                                       address, telephone number, and
                                       contact person of each smelting
                                       facility used by Tyco for its
                                       delisted waste, quantities of
                                       waste shipped, analytical data
                                       for demonstrating that the
                                       delisting levels of Condition (3)
                                       are met, and a certification that
                                       the smelter(s) is(are) subject to
                                       regulatory controls on discharges
                                       to air, water, and land. The
                                       certification statement must be
                                       signed by a responsible official
                                       and contain the following
                                       language: Under civil and
                                       criminal penalty of law for the
                                       making or submission of false or
                                       fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code, which include, but
                                       may not be limited to, 18 U.S.C.
                                       1001 and 42 U.S.C. 6928), I
                                       certify that the smelter(s) used
                                       for Tyco's delisted waste is(are)
                                       subject to regulatory controls on
                                       discharges to air, water, and
                                       land. As the company official
                                       having supervisory responsibility
                                       for plant operations, I certify
                                       that to the best of my knowledge
                                       this information is true,
                                       accurate and complete. In the
                                       event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's void exclusion.
Universal Oil      Decatur, Alabama.  Wastewater treatment sludges (EPA
 Products.                             Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in two
                                       on-site lagoons on August 15,
                                       1986. This is a one-time
                                       exclusion.
U.S. EPA           Jefferson,         One-time exclusion for scrubber
 Combustion         Arkansas.          water (EPA Hazardous Waste No.
 Research                              F020) generated in 1985 from the
 Facility.                             incineration of Vertac still
                                       bottoms. This exclusion was
                                       published on June 28, 1989.
U.S. Nameplate     Mount Vernon,      Retreated wastewater treatment
 Company, Inc..     Iowa.              sludges (EPA Hazardous Waste No.
                                       F006) previously generated from
                                       electroplating operations and
                                       currently contained in an on-site
                                       surface impoundment after
                                       September 28, 1988. This is a one-
                                       time exclusion for the reteated
                                       wastes only. This exclution does
                                       not relieve the waste unit from
                                       regulatory compliance under
                                       Subtitle C.
VAW of America     St. Augustine,     Wastewater treatment sludge filter
 Incorporated.      Florida.           cake (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum.
                                       This exclusion was published on
                                       February 1, 1989.
Vermont American,  Newark, OH.......  Wastewater treatment sludge (EPA
 Corp..                                Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Waterloo           Pocahontas, AR...  Wastewater treatment sludges (EPA
 Industries.                           Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after dewatering and
                                       held on-site on July 17, 1986 and
                                       any such sludge generated (after
                                       dewatering) after July 17, 1986.
Watervliet         Watervliet, NY...  Wastewater treatment sludges (EPA
 Arsenal.                              Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after January 10,
                                       1986.
Weirton Steel      Weirton, West      Wastewater treatment sludge (known
 Corporation.       Virginia.          as C&E sludge) containing EPA
                                       Hazardous Waste Numbers F007 and
                                       F008, subsequent to its
                                       excavation from the East Lagoon
                                       and the Figure 8 tanks for the
                                       purpose of transportation and
                                       disposal in a Subtitle D landfill
                                       after May 23, 2002. This is a one-
                                       time exclusion for a maximum
                                       volume of 18,000 cubic yards of
                                       C&E sludge.
                                      (1) Reopener language.
                                      (a) If Weirton discovers that any
                                       condition or assumption related
                                       to the characterization of the
                                       excluded waste which was used in
                                       the evaluation of the petition or
                                       that was predicted through
                                       modeling is not as reported in
                                       the petition, then Weirton must
                                       report any information relevant
                                       to that condition or assumption,
                                       in writing, to the Regional
                                       Administrator and the West
                                       Virginia Department of
                                       Environmental Protection within
                                       10 calendar days of discovering
                                       that information.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator and the West
                                       Virginia Department of
                                       Environmental Protection will
                                       determine whether the reported
                                       condition requires further
                                       action. Further action may
                                       include repealing the exclusion,
                                       modifying the exclusion, or other
                                       appropriate response necessary to
                                       protect human health or the
                                       environment.
                                      (2) Notification Requirements.
                                      Weirton must provide a one-time
                                       written notification to any State
                                       Regulatory Agency to which or
                                       through which the delisted waste
                                       described above will be
                                       transported for disposal at least
                                       60 calendar days prior to the
                                       commencement of such activities.
                                       Failure to provide such
                                       notification will be deemed to be
                                       a violation of this exclusion and
                                       may result in revocation of the
                                       decision and other enforcement
                                       action.
William L.         Newnan, Georgia..  Dewatered wastewater treatment
 Bonnell Co..                          sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after November 14, 1986. This
                                       exclusion does not include
                                       sludges contained in Bonnell's on-
                                       site surface impoundments.
Windsor Plastics,  Evansville, IN...  Spent non-halogenated solvents and
 Inc.                                  still bottoms (EPA Hazardous
                                       Waste No. F003) generated from
                                       the recovery of acetone after
                                       November 17, 1986.
------------------------------------------------------------------------


[[Page 253]]


             Table 2--Wastes Excluded From Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
American Chrome &  Corpus Christi,    Dewatered sludge (the EPA
 Chemical.          Texas.             Hazardous Waste No. K006)
                                       generated at a maximum generation
                                       of 1450 cubic yards per calendar
                                       year after September 21, 2004 and
                                       disposed in a Subtitle D
                                       landfill. ACC must implement a
                                       verification program that meets
                                       the following Paragraphs:
                                      (1) Delisting Levels: All
                                       leachable constituent
                                       concentrations must not exceed
                                       the following levels (mg/l). The
                                       petitioner must use the method
                                       specified in 40 CFR 261.24 to
                                       measure constituents in the waste
                                       leachate. Dewatered wastewater
                                       sludge: Arsenic-0.0377; Barium-
                                       100.0; Chromium-5.0; Thallium-
                                       0.355; Zinc-1130.0.
                                      (2) Waste Holding and Handling:
                                      (A) ACC is a 90 day facility and
                                       does not have a RCRA permit,
                                       therefore, ACC must store the
                                       dewatered sludge following the
                                       requirements specified in 40 CFR
                                       262.34, or continue to dispose of
                                       as hazardous all dewatered sludge
                                       generated, until they have
                                       completed verification testing
                                       described in Paragraph (3), as
                                       appropriate, and valid analyses
                                       show that paragraph (1) is
                                       satisfied.
                                      (B) Levels of constituents
                                       measured in the samples of the
                                       dewatered sludge that do not
                                       exceed the levels set forth in
                                       Paragraph (1) are non-hazardous.
                                       ACC can manage and dispose the
                                       non-hazardous dewatered sludge
                                       according to all applicable solid
                                       waste regulations.
                                      (C) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), ACC must retreat the batches
                                       of waste used to generate the
                                       representative sample until it
                                       meets the levels. ACC must repeat
                                       the analyses of the treated
                                       waste.
                                      (D) If the facility does not treat
                                       the waste or retreat it until it
                                       meets the delisting levels in
                                       Paragraph (1), ACC must manage
                                       and dispose the waste generated
                                       under Subtitle C of RCRA.
                                      (E) The dewatered sludge must pass
                                       paint filter test as described in
                                       SW 846, Method 9095 or another
                                       appropriate method found in a
                                       reliable source before it is
                                       allowed to leave the facility.
                                       ACC must maintain a record of the
                                       actual volume of the dewatered
                                       sludge to be disposed of-site
                                       according to the requirements in
                                       Paragraph (5).
                                      (3) Verification Testing
                                       Requirements: ACC must perform
                                       sample collection and analyses,
                                       including quality control
                                       procedures, according to
                                       appropriate methods such as those
                                       found in SW-846 or other reliable
                                       sources (with the exception of
                                       analyses requiring the use of SW-
                                       846 methods incorporated by
                                       reference in 40 CFR 260.11, which
                                       must be used without
                                       substitution. ACC must conduct
                                       verification testing each time it
                                       decides to evacuate the tank
                                       contents. Four (4) representative
                                       composite samples shall be
                                       collected from the dewatered
                                       sludge. ACC shall analyze the
                                       verification samples according to
                                       the constituent list specified in
                                       Paragraph (1) and submit the
                                       analytical results to EPA within
                                       10 days of receiving the
                                       analytical results. If the EPA
                                       determines that the data
                                       collected under this Paragraph do
                                       not support the data provided for
                                       the petition, the exclusion will
                                       not cover the generated wastes.
                                       The EPA will notify ACC the
                                       decision in writing within two
                                       weeks of receiving this
                                       information.
                                      (4) Changes in Operating
                                       Conditions: If ACC significantly
                                       changes the process described in
                                       its petition or starts any
                                       processes that may or could
                                       affect the composition or type of
                                       waste generated as established
                                       under Paragraph (1) (by
                                       illustration, but not limitation,
                                       changes in equipment or operating
                                       conditions of the treatment
                                       process), they must notify the
                                       EPA in writing; they may no
                                       longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the test
                                       results of the wastes meet the
                                       delisting levels set in Paragraph
                                       (1) and they have received
                                       written approval to do so from
                                       the EPA.
                                      (5) Data Submittals: ACC must
                                       submit the information described
                                       below. If ACC fails to submit the
                                       required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, the EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       Paragraph 6. ACC must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to the
                                       Section Chief, Corrective Action
                                       and Waste Minimization Section,
                                       Environmental Protection Agency,
                                       1445 Ross Avenue, Dallas, Texas
                                       75202-2733, Mail Code, (6PD-C)
                                       within the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when the EPA or the State of
                                       Texas request them for
                                       inspection.

[[Page 254]]

 
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted: Under
                                       civil and criminal penalty of law
                                       for the making or submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code, which include, but
                                       may not be limited to, 18 U.S.C.
                                       1001 and 42 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       truth and accuracy, I certify as
                                       the company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. If any of this
                                       information is determined by the
                                       EPA in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by the EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste, ACC possesses
                                       or is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       ground water monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified for
                                       the delisting verification
                                       testing is at level higher than
                                       the delisting level allowed by
                                       the Division Director in granting
                                       the petition, then the facility
                                       must report the data, in writing,
                                       to the Division Director within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (B) If the verification testing of
                                       the waste does not meet the
                                       delisting requirements in
                                       Paragraph 1, ACC must report the
                                       data, in writing, to the Division
                                       Director within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If ACC fails to submit the
                                       information described in
                                       paragraphs (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Division Director will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Division Director
                                       determines that the reported
                                       information does require Agency
                                       action, the Division Director
                                       will notify the facility in
                                       writing of the actions the
                                       Division Director believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Division
                                       Director will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (7) Notification Requirements: ACC
                                       must do the following before
                                       transporting the delisted waste:
                                       Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                       If ACC transports the excluded
                                       waste to or manages the waste in
                                       any state with delisting
                                       authorization, ACC must obtain
                                       delisting authorization from that
                                       state before it can manage the
                                       waste as nonhazardous in the
                                       state.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste to a different
                                       disposal facility.
                                      (C) Failure to provide the
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the exclusion.
American Cyanamid  Hannibal,          Wastewater and sludge (EPA
                    Missouri.          Hazardous Waste No. K038)
                                       generated from the washing and
                                       stripping of phorate production
                                       and contained in on-site lagoons
                                       on May 8, 1987, and such
                                       wastewater and sludge generated
                                       after May 8, 1987.
Amoco Oil Co.....  Wood River, IL...  150 million gallons of DAF from
                                       petroleum refining contained in
                                       four surge ponds after treatment
                                       with the Chemifix [reg]
                                       stabilization process. This waste
                                       contains EPA Hazardous Waste No.
                                       K048. This exclusion applies to
                                       the 150 million gallons of waste
                                       after chemical stabilization as
                                       long as the mixing ratios of the
                                       reagent with the waste are
                                       monitored continuously and do not
                                       vary outside of the limits
                                       presented in the demonstration
                                       samples; one grab sample is taken
                                       each hour from each treatment
                                       unit, composited, and EP toxicity
                                       tests performed on each sample.
                                       If the levels of lead or total
                                       chromium exceed 0.5 ppm in the EP
                                       extract, then the waste that was
                                       processed during the compositing
                                       period is considered hazardous;
                                       the treatment residue shall be
                                       pumped into bermed cells to
                                       ensure that the waste is
                                       identifiable in the event that
                                       removal is necessary.

[[Page 255]]

 
Akzo Chemicals,    Axis, AL.........  Brine purification muds generated
 Inc. (formerly                        from their chlor-alkali
 Stauffer                              manufacturing operations (EPA
 Chemical                              Hazardous Waste No. K071) and
 Company).                             disposed of in brine mud pond
                                       HWTF: 5 EP-201.
Bayer Material     Baytown, TX......  Outfall 007 Treated Effluent (EPA
 Science LLC.                          Hazardous Waste Nos. K027, K104,
                                       K111, and K112) generated at a
                                       maximum rate of 18,071,150 cubic
                                       yards (5.475 billion gallons) per
                                       calendar year after July 25, 2005
                                       as it exits the Outfall Tank and
                                       disposed in accordance with the
                                       TPDES permit.
                                      The delisting levels set do not
                                       relieve Bayer of its duty to
                                       comply with the limits set in its
                                       TPDES permit. For the exclusion
                                       to be valid, Bayer must implement
                                       a verification testing program
                                       that meets the following
                                       Paragraphs:
                                      (1) Delisting Levels: All
                                       concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/kg specified in this
                                       paragraph.
                                      Outfall 007 Treated Effluent Total
                                       Concentrations (mg/kg): Antimony--
                                       0.0816; Arsenic--0.385, Barium--
                                       22.2; Chromium--153.0; Copper--
                                       3620.0; Cyanide--0.46; Mercury--
                                       0.0323; Nickel--11.3; Selenium--
                                       0.23; Thallium--0.0334; Vanadium--
                                       8.38; Zinc--112.0; Acetone--14.6;
                                       Acetophenone--15.8; Aniline--
                                       0.680; Benzene--0.0590; Bis (2-
                                       ethylhexyl)phthalate--1260.0;
                                       Bromodichloromethane--0.0719;
                                       Chloroform--0.077; Di-n-octyl
                                       phthalate--454.0; 2,4-
                                       Dinitrotoluene--0.00451;
                                       Diphenylamine--11.8; 1,4-Dioxane--
                                       1.76; Di-n-butyl phthalate--
                                       149.0; Fluoranthene--24.6;
                                       Methylene chloride--0.029; Methyl
                                       ethyl ketone--87.9; Nitrobenzene--
                                       0.0788; m-phenylenediamine--
                                       0.879; Pyrene--39.0; 1,1,1,2-
                                       Tetrachloroethane--0.703; o-
                                       Toluidine--0.0171; p-Toluidine--
                                       0.215; 2,4-Toluenediamine--
                                       0.00121. Toluene diisocyanate--
                                       0.001.
                                      (2) Waste Holding and Handling:
                                       (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for the treated
                                       effluent has occurred for two
                                       consecutive quarterly sampling
                                       events and those reports have
                                       been approved by EPA.
                                      The delisting for the treated
                                       effluent applies only during
                                       periods of TPDES compliance.
                                      (B) If constituent levels in any
                                       sample taken by Bayer exceed any
                                       of the delisting levels set in
                                       paragraph (1) for the treated
                                       effluent, Bayer must do the
                                       following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) Manage and dispose the
                                       treated effluent as hazardous
                                       waste generated under Subtitle C
                                       of RCRA.
                                      (iii) Routine inspection and
                                       regular maintenance of the
                                       effluent pipe line must occur to
                                       prevent spills and leaks of the
                                       treated effluent prior to
                                       discharge.
                                      (3) Testing Requirements: Sample
                                       collection and analyses,
                                       including quality control
                                       procedures, must be performed
                                       using appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that representative
                                       samples of the Bayer treated
                                       effluent meet the delisting
                                       levels in paragraph (1).
                                      (A) Quarterly Testing: Upon this
                                       exclusion becoming final, Bayer
                                       may perform quarterly analytical
                                       testing by sampling and analyzing
                                       the treated effluent as follows:
                                      (i) Collect two representative
                                       composite samples of the treated
                                       effluent at quarterly intervals
                                       after EPA grants the final
                                       exclusion. The first composite
                                       samples may be taken at any time
                                       after EPA grants the final
                                       approval. Sampling should be
                                       performed in accordance with the
                                       sampling plan approved by EPA in
                                       support of the exclusion.
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       treated effluent must be disposed
                                       of as hazardous waste in
                                       accordance with the applicable
                                       hazardous waste requirements in
                                       its TPDES discharge permit.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, Bayer will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       samples of the treated effluent
                                       do not exceed the levels set
                                       forth in paragraph (1) of this
                                       exclusion for two consecutive
                                       quarters, Bayer can manage and
                                       dispose the nonhazardous treated
                                       effluent according to all
                                       applicable solid waste
                                       regulations.

[[Page 256]]

 
                                      (B) Annual Testing:
                                      (i) If Bayer completes the four
                                       (4) quarterly testing events
                                       specified in paragraph (3)(A)
                                       above and no sample contains a
                                       constituent with a level which
                                       exceeds the limits set forth in
                                       paragraph (1), Bayer may begin
                                       annual testing as follows: Bayer
                                       must test two representative
                                       composite samples of the treated
                                       effluent for all constituents
                                       listed in paragraph (1) at least
                                       once per calendar year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that representative
                                       samples of the Bayer treated
                                       effluent for all constituents
                                       listed in paragraph (1).
                                      (iii) The samples for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (4) Changes in Operating
                                       Conditions: If Bayer
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated as
                                       established under paragraph (1)
                                       (by illustration, but not
                                       limitation, changes in equipment
                                       or operating conditions of the
                                       treatment process), it must
                                       notify EPA in writing; it may no
                                       longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      Bayer must submit a modification
                                       to the petition complete with
                                       full sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      Bayer must submit the information
                                       described below. If Bayer fails
                                       to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       paragraph (6). Bayer must:
                                      (i) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, Corrective Action and
                                       Waste Minimization Section,
                                       Multimedia Planning and
                                       Permitting Division, U.S.
                                       Environmental Protection Agency
                                       Region 6, 1445 Ross Ave., Dallas,
                                       Texas, 75202, within the time
                                       specified. All supporting data
                                       can be submitted on CD-ROM or
                                       some comparable electronic media.
                                      (ii) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (iii) Furnish these records and
                                       data when either EPA or the State
                                       of Texas request them for
                                       inspection.
                                      (iv) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''

[[Page 257]]

 
                                      (6) Reopener:
                                      (i) If, anytime after disposal of
                                       the delisted waste Bayer
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Division Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Division Director within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (ii) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph (1),
                                       Bayer must report the data, in
                                       writing, to the Division Director
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (iii) If Bayer fails to submit the
                                       information described in
                                       paragraphs (5), (6)(i) or (6)(ii)
                                       or if any other information is
                                       received from any source, the
                                       Division Director will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires EPA action to protect
                                       human health and/or the
                                       environment. Further action may
                                       include suspending, or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (iv) If the Division Director
                                       determines that the reported
                                       information requires action by
                                       EPA, the Division Director will
                                       notify the facility in writing of
                                       the actions the Division Director
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing the
                                       facility with an opportunity to
                                       present information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director's notice to
                                       present such information.
                                      (v) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(iv) or
                                       (if no information is presented
                                       under paragraph (6)(iv)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(i) or (6)(ii), the Division
                                       Director will issue a final
                                       written determination describing
                                       EPA actions that are necessary to
                                       protect human health and/or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
Bayer Material     Baytown, TX......  Spent Carbon (EPA Hazardous Waste
 Science LLC.                          Nos. K027, K104, K111, and K112)
                                       generated at a maximum rate of
                                       7,728 cubic yards per calendar
                                       year after May 16, 2006.
                                      For the exclusion to be valid,
                                       Bayer must implement a
                                       verification testing program that
                                       meets the following Paragraphs:
                                      (1) Delisting Levels:
                                      All concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      Spent Carbon Leachable
                                       Concentrations (mg/l): Antimony-
                                       0.251; Arsenic-0.385, Barium-
                                       8.93; Beryllium-0.953; Cadmium-
                                       0.687; Chromium-5.0; Cobalt-2.75;
                                       Copper-128.0; Cyanide-1.65; Lead-
                                       5.0; Mercury-0.0294; Nickel-3.45;
                                       Selenium-0.266; Tin-2.75;
                                       Vanadium-2.58; Zinc-34.2; Aldrin-
                                       0.0000482; Acetophenone-87.1;
                                       Aniline-2.82; Benzene-0.554;
                                       Bis(2-ethylhexyl)phthalate-0.342;
                                       Benzyl alcohol-261;
                                       Butylbenzylphthalate-3.54;
                                       Chloroform-0.297; Di-n-octyl
                                       phthalate-0.00427; 2,4-
                                       Dinitrotoluene-0.0249; 2,6-
                                       Dinitrotoluene-0.0249
                                       Diphenylamine-1.43; 1,4-Dioxane-
                                       14.6; Di-n-butylphthalate-2.02;
                                       Kepone-0.000373; 2-Nitrophenol-
                                       87.9; N-Nitrodiphenylamine-3.28;
                                       Phenol-52.2; 2,4-Toluenediamine-
                                       0.00502; Toluene diisocyanate-
                                       0.001.
                                      (2) Waste Holding and Handling:
                                      (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for spent carbon
                                       has occurred for two consecutive
                                       quarterly sampling events and the
                                       reports have been approved by
                                       EPA.
                                      (B) If constituent levels in any
                                       sample taken by Bayer exceed any
                                       of the delisting levels set in
                                       paragraph (1) for the spent
                                       carbon, Bayer must do the
                                       following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the spent
                                       carbon as hazardous waste
                                       generated under Subtitle C of
                                       RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, Bayer must perform
                                       quarterly analytical testing by
                                       sampling and analyzing the spent
                                       carbon as follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the spent
                                       carbon at quarterly intervals
                                       after EPA grants the final
                                       exclusion. The first composite
                                       samples may be taken at any time
                                       after EPA grants the final
                                       approval. Sampling should be
                                       performed in accordance with the
                                       sampling plan approved by EPA in
                                       support of the exclusion.
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       spent carbon must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, Bayer will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       samples of the spent carbon do
                                       not exceed the levels set forth
                                       in paragraph (1) of this
                                       exclusion for two consecutive
                                       quarters, Bayer can manage and
                                       dispose the non-hazardous spent
                                       carbon according to all
                                       applicable solid waste
                                       regulations.

[[Page 258]]

 
                                      (B) Annual Testing:
                                      (i) If Bayer completes the
                                       quarterly testing specified in
                                       paragraph (3) above and no sample
                                       contains a constituent at a level
                                       which exceeds the limits set
                                       forth in paragraph (1), Bayer can
                                       begin annual testing as follows:
                                       Bayer must test two
                                       representative composite samples
                                       of the spent carbon for all
                                       constituents listed in paragraph
                                       (1) at least once per calendar
                                       year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample according to
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B.
                                      Methods must meet Performance
                                       Based Measurement System Criteria
                                       in which the Data Quality
                                       Objectives are to demonstrate
                                       that samples of the Bayer spent
                                       carbon are representative for all
                                       constituents listed in paragraph
                                       (1).
                                      (iii) The samples for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.
                                      (iv) The annual testing report
                                       must include the total amount of
                                       waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions:
                                      If Bayer significantly changes the
                                       process described in its petition
                                       or starts any process that
                                       generates the waste that may or
                                       could affect the composition or
                                       type of waste generated (by
                                       illustration, but not limitation,
                                       changes in equipment or operating
                                       conditions of the treatment
                                       process), it must notify EPA in
                                       writing and it may no longer
                                       handle the wastes generated from
                                       the new process as non-hazardous
                                       until the wastes meet the
                                       delisting levels set in paragraph
                                       (1) and it has received written
                                       approval to do so from EPA.
                                      Bayer must submit a modification
                                       to the petition complete with
                                       full sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      Bayer must submit the information
                                       described below. If Bayer fails
                                       to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       paragraph (6). Bayer must:
                                      (A) Submit the data obtained
                                       through paragraph 3 to the Chief,
                                       Corrective Action and Waste
                                       Minimization Section, Multimedia
                                       Planning and Permitting Division,
                                       U. S. Environmental Protection
                                       Agency Region 6, 1445 Ross Ave.,
                                       Dallas, Texas, 75202, within the
                                       time specified. All supporting
                                       data can be submitted on CD-ROM
                                       or some comparable electronic
                                       media.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either EPA or the State of
                                       Texas requests them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste Bayer
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, then the
                                       facility must report the data, in
                                       writing, to EPA within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph 1,
                                       Bayer must report the data, in
                                       writing, to EPA within 10 days of
                                       first possessing or being made
                                       aware of that data.

[[Page 259]]

 
                                      (C) If Bayer fails to submit the
                                       information described in
                                       paragraphs (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, EPA
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       action to protect human health
                                       and/or the environment. Further
                                       action may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If EPA determines that the
                                       reported information requires
                                       action, EPA will notify the
                                       facility in writing of the
                                       actions it believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information explaining why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of
                                       EPA's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), EPA will issue
                                       a final written determination
                                       describing the actions that are
                                       necessary to protect human health
                                       and/or the environment. Any
                                       required action described in
                                       EPA's determination shall become
                                       effective immediately, unless EPA
                                       provides otherwise.
Bekaert Steel      Rogers, Arkansas.  Wastewater treatment sludge (EPA
 Corporation.                          Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 1250 cubic yards to be
                                       measured on a calendar year
                                       basis) after [insert publication
                                       date of the final rule]. In order
                                       to confirm that the
                                       characteristics of the waste do
                                       not change significantly, the
                                       facility must, on an annual
                                       basis, before July 1 of each
                                       year, analyze a representative
                                       composite sample for the
                                       constituents listed in Sec.
                                       261.24 as well as antimony,
                                       copper, nickel, and zinc using
                                       the method specified therein. The
                                       annual analytical results,
                                       including quality control
                                       information, must be compiled,
                                       certified according to Sec.
                                       260.22(i)(12) of this chapter,
                                       maintained on site for a minimum
                                       of five years, and made available
                                       for inspection upon request of
                                       any employee or representative of
                                       EPA or the State of Arkansas.
                                       Failure to maintain the required
                                       documents on site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
                                      Notification Requirements:
                                      Bekaert Steel Corporation must
                                       provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which the delisted waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Bethlehem Steel    Lackawanna, New    Ammonia still lime sludge (EPA
 Corporation.       York.              Hazardous Waste No. K060) and
                                       other solid waste generated from
                                       primary metal-making and coking
                                       operations. This is a one-time
                                       exclusion for 118,000 cubic yards
                                       of waste contained in the on-site
                                       landfill referred to as HWM-2.
                                       This exclusion was published on
                                       April 24, 1996.
Bethlehem Steel    Steelton, PA.....  Uncured and cured chemically
 Corp..                                stabilized electric arc furnace
                                       dust/sludge (CSEAFD) treatment
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Bethlehem's full-
                                       scale CSEAFD treatment facility
                                       because Bethlehem's original data
                                       were obtained from a laboratory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Bethlehem must
                                       implement a testing program for
                                       the petitioned waste. This
                                       testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Bethlehem must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel and cyanide
                                       (using distilled water in the
                                       cyanide extractions). Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Bethlehem must report the
                                       analytical test data obtained
                                       during this initial period no
                                       later than 90 days after the
                                       treatment of the first full-scale
                                       batch.

[[Page 260]]

 
                                      (B) Subsequent Testing: Bethlehem
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Bethlehem then must
                                       analyze each weekly composite
                                       sample for the EP leachate
                                       concentrations of all the EP
                                       toxic metals and nickel. Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. The analytical data,
                                       including all quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request and
                                       made available for inspection by
                                       any employee or representative of
                                       EPA or the State of Pennsylvania.
                                      (2) Delisting Levels: If the EP
                                       extract concentrations resulting
                                       from the testing in condition
                                       (1)(A) or (1)(B) for chromium,
                                       lead, arsenic, or silver exceeds
                                       0.315 mg/l; for barium exceeds
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury
                                       exceeds 0.0126 mg/l; for nickel
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/l, the waste must
                                       either be re-treated or managed
                                       and disposed in accordance with
                                       subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up,
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see
                                       address below) when their full-
                                       scale stabilization system is on-
                                       line and waste treatment has
                                       begun. All data obtained through
                                       the initial testing condition
                                       (1)(A), must be submitted to PSPD/
                                       OSW (5303W), U.S. EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1)(A). At the Section
                                       Chief's request, Bethlehem must
                                       submit analytical data obtained
                                       through condition (1)(B) to the
                                       above address, within the time
                                       period specified by the Section
                                       Chief. Failure to submit the
                                       required data obtained from
                                       either condition (1)(A) or (1)(B)
                                       within the specified time periods
                                       will be considered by the Agency
                                       sufficient basis to revoke
                                       Bethlehem's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      ``As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      ``In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Bethlehem Steel    Johnstown, PA....  Uncured and cured chemically
 Corp..                                stabilized electric arc furnace
                                       dust/sludge (CSEAFD) treatment
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Bethlehem's full-
                                       scale CSEAFD treatment facility
                                       because Bethlehem's original data
                                       were obtained from a labortory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Bethlehem must
                                       implement a testing program for
                                       the petitioned waste. This
                                       testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Bethlehem must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel, and cyanide
                                       (using distilled water in the
                                       cyanide extractions). Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Bethlehem must report the
                                       analytical test data obtained
                                       during this initial period no
                                       later than 90 days after the
                                       treatment of the first full-scale
                                       batch.

[[Page 261]]

 
                                      (B) Subsequent Testing: Bethlehem
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Bethlehem then must
                                       analyze each weekly composite
                                       sample for the EP leachate
                                       concentrations of all the EP
                                       toxic metals and nickel. Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. The analytical data,
                                       including all quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request and
                                       made available for inspection by
                                       any employee or representative of
                                       EPA or the State of Pennsylvania.
                                      (2) Delisting Levels: If the EP
                                       extract concentrations resulting
                                       from the testing in condition
                                       (1)(A) or (1)(B) for chromium,
                                       lead, arsenic, or silver exceed
                                       0.315 mg/l; for barium exceeds
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury
                                       exceeds 0.0126 mg/l; for nickel
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/l, the waste must
                                       either be retreated until it
                                       meets these levels or managed and
                                       disposed in accordance with
                                       subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up,
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see
                                       address below) when their full-
                                       scale stabilization system is on-
                                       line and waste treatment has
                                       begun. All data obtained through
                                       the initial testing condition
                                       (1)(A), must be submitted to the
                                       Section Chief, Variances Section,
                                       PSPD/OSW, (OS-343), U.S. EPA,
                                       1200 Pennsylvania Ave., NW.,
                                       Washington, DC 20406 within the
                                       time period specified in
                                       condition (1)(A). At the Section
                                       Chief's request, Bethlehem must
                                       submit analytical data obtained
                                       through condition (1)(B) to the
                                       above address, within the time
                                       period specified by the Section
                                       Chief. Failure to submit the
                                       required data obtained from
                                       either condition (1)(A) or (1)(B)
                                       within the specified time periods
                                       will be considered by the Agency
                                       sufficient basis to revoke
                                       Bethlehem's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      ``As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      ``In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
BF Goodrich        Calvert City,      Brine purification muds and
 Intermediates      Kentucky.          saturator insolubles (EPA
 Company, Inc.                         Hazardous Waste No. K071) after
                                       August 18, 1989. This exclusion
                                       is conditional upon the
                                       collection and submission of data
                                       obtained from BFG's full-scale
                                       treatment system because BFG's
                                       original data was based on data
                                       presented by another petitioner
                                       using an identical treatment
                                       process. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, BFG must implement a
                                       testing program. All sampling and
                                       analyses (including quality
                                       control procedures) must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       This testing program must meet
                                       the following conditions for the
                                       exclusion to be valid:
                                      (1) Initial Testing: During the
                                       first four weeks of full-scale
                                       operation, BFG must do the
                                       following:
                                      (A) Collect representative grab
                                       samples from every batch of the
                                       treated mercury brine
                                       purification muds and treated
                                       saturator insolubles on a daily
                                       basis and composite the grab
                                       samples to produce two separate
                                       daily composite samples (one of
                                       the treated mercury brine
                                       purification muds and one of the
                                       treated saturator insolubles).
                                       Prior to disposal of the treated
                                       batches, two daily composite
                                       samples must be analyzed for EP
                                       leachate concentration of
                                       mercury. BFG must report the
                                       analytical test data, including
                                       all quality control data, within
                                       90 days after the treatment of
                                       the first full-scale batch.

[[Page 262]]

 
                                      (B) Collect representative grab
                                       samples from every batch of
                                       treated mercury brine
                                       purification muds and treated
                                       saturator insolubles on a daily
                                       basis and composite the grab
                                       samples to produce two separate
                                       weekly composite samples (one of
                                       the treated mercury brine muds
                                       and one of the treated saturator
                                       insolubles). Prior to disposal of
                                       the treated batches, two weekly
                                       composite samples must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals (except mercury),
                                       nickel, and cyanide (using
                                       distilled water in the cyanide
                                       extractions). BFG must report the
                                       analytical test data, including
                                       all quality control data,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (2) Subsequent Testing: After the
                                       first four weeks of full-scale
                                       operation, BFG must do the
                                       following:
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       BFG must compile and store on-
                                       site for a minimum of three years
                                       all analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Kentucky.
                                      (B) Continue to sample and test as
                                       described in condition (1)(B).
                                       BFG must compile and store on-
                                       site for a minimum of three years
                                       all analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Kentucky. These
                                       testing requirements shall be
                                       terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of both
                                       the treated mercury brine muds
                                       and treated saturator insolubles,
                                       obtained from either the initial
                                       testing or subsequent testing,
                                       show the maximum allowable levels
                                       in condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies BFG that the
                                       requirements of this condition
                                       have been lifted.
                                      (3) If, under condition (1) or
                                       (2), the EP leachate
                                       concentrations for chromium,
                                       lead, arsenic, or silver exceed
                                       0.316 mg/l; for barium exceeds
                                       6.31 mg/l; for cadmium or
                                       selenium exceed 0.063 mg/l; for
                                       mercury exceeds 0.0126 mg/l, for
                                       nickel exceeds 3.16 mg/l; or for
                                       cyanide exceeds 4.42 mg/l, the
                                       waste must either be retreated
                                       until it meets these levels or
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
                                      (4) Within one week of system
                                       start-up, BFG must notify the
                                       Section Chief, Variances Section
                                       (see address below) when the full-
                                       scale system is on-line and waste
                                       treatment has begun. All data
                                       obtained through condition (1)
                                       must be submitted to PSPD/OSW
                                       (5303W), U.S. EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1). At the Section
                                       Chief's request, BFG must submit
                                       any other analytical data
                                       obtained through condition (2) to
                                       the above address, within the
                                       time period specified by the
                                       Section Chief. Failure to submit
                                       the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke BFG's
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by the following
                                       certification statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
CF&I Steel         Pueblo, Colorado.  Fully-cured chemically stabilized
 Corporation.                          electric arc furnace dust/sludge
                                       (CSEAFD) treatment residue (EPA
                                       Hazardous Waste No. K061)
                                       generated from the primary
                                       production of steel after May 9,
                                       1989. This exclusion is
                                       conditioned upon the data
                                       obtained from CF&I's full-scale
                                       CSEAFD treatment facility because
                                       CF&I's original data was obtained
                                       from a laboratory-scale CSEAFD
                                       treatment process. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment facility is in
                                       operation, CF&I must implement a
                                       testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be vaild:
                                      (1) Testing:

[[Page 263]]

 
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       CF&I must collect representative
                                       grab samples of each treated
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,
                                       must be analyzed for the EP
                                       leachate concentrations of all
                                       the EP toxic metals, nickel, and
                                       cyanide (using distilled water in
                                       the cyanide extractions).
                                       Analyses must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. CF&I must report the
                                       analytical test data obtained
                                       during this initial period no
                                       later than 90 days after the
                                       treatment of the first full-scale
                                       batch.
                                      (B) Subsequent Testing: CF&I must
                                       collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. CF&I then must analyze
                                       each weekly composite sample for
                                       the EP leachate concentrations of
                                       all of the EP toxic metals and
                                       nickel. Analyses must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       The analytical data, including
                                       all quality control information,
                                       must be compiled and maintained
                                       on site for a minimum of three
                                       years. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Colorado.
                                      (2) Delisting levels: If the EP
                                       extract concentrations determined
                                       in conditions (1)(A) or (1)(B)
                                       for chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/l; for
                                       barium exceeds 6.3 mg/l; for
                                       cadmium or selenium exceed 0.063
                                       mg/l; for mercury exceeds 0.0126
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 4.42 mg/
                                       l, the waste must either be re-
                                       treated or managed and disposed
                                       in accordance with Subtitle C of
                                       RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up, CF&I
                                       must notify the Section Chief,
                                       Variances Section (see address
                                       below) when their full-scale
                                       stabilization system is on-line
                                       and waste treatment has begun.
                                       All data obtained through the
                                       initial testing condition (1)(A),
                                       must be submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW, (OS-343), U.S. EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1)(A). At the Section
                                       Chief's request, CF&I must submit
                                       analytical data obtained through
                                       condition (1)(B) to the above
                                       address, within the time period
                                       specified by the Section Chief.
                                       Failure to submit the required
                                       data obtained from either
                                       condition (1)(A) or (1)(B) within
                                       the specified time periods will
                                       be considered by the Agency
                                       sufficient basis to revoke CF&I's
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by the following
                                       certification statement: ``Under
                                       civil and criminal penalty of law
                                       for the making of submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 U.S.C.
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations
                                       premised upon the company's
                                       reliance on the void exclusion.''
Chaparral Steel    Midlothian, Texas  Leachate from Landfill No. 3,
 Midlothian, L.P.                      storm water from the baghouse
                                       area, and other K061 wastewaters
                                       which have been pumped to tank
                                       storage (at a maximum generation
                                       of 2500 cubic yards or 500,000
                                       gallons per calender year) (EPA
                                       Hazardous Waste No. K061)
                                       generated at Chaparral Steel
                                       Midlothian, L.P., Midlothian,
                                       Texas, and is managed as
                                       nonhazardous solid waste after
                                       February 23, 2000.
                                      Chaparral Steel must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:

[[Page 264]]

 
                                      (1) Delisting Levels: All
                                       concentrations for the
                                       constituent total lead in the
                                       approximately 2,500 cubic yards
                                       (500,000 gallons) per calender
                                       year of raw leachate from
                                       Landfill No. 3, storm water from
                                       the baghouse area, and other K061
                                       wastewaters that is transferred
                                       from the storage tank to
                                       nonhazardous management must not
                                       exceed 0.69 mg/l (ppm).
                                       Constituents must be measured in
                                       the waste by appropriate methods.
                                       As applicable to the method-
                                       defined parameters of concern,
                                       analyses requiring the use of SW-
                                       846 methods incorporated by
                                       reference in 40 CFR 260.11 must
                                       be used without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B.
                                      (2) Waste Holding and Handling:
                                       Chaparral Steel must store as
                                       hazardous all leachate waste from
                                       Landfill No. 3, storm water from
                                       the bag house area, and other
                                       K061 wastewaters until
                                       verification testing as specified
                                       in Condition (3), is completed
                                       and valid analyses demonstrate
                                       that condition (1) is satisfied.
                                       If the levels of constituents
                                       measured in the samples of the
                                       waste do not exceed the levels
                                       set forth in Condition (1), then
                                       the waste is nonhazardous and may
                                       be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       constituent levels in a sample
                                       exceed the delisting levels set
                                       in Condition (1), the waste
                                       volume corresponding to this
                                       sample must be treated until
                                       delisting levels are met or
                                       returned to the original storage
                                       tank. Treatment is designated as
                                       precipitation, flocculation, and
                                       filtering in a wastewater
                                       treatment system to remove metals
                                       from the wastewater. Treatment
                                       residuals precipitated will be
                                       designated as a hazardous waste.
                                       If the delisting level cannot be
                                       met, then the waste must be
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       Chaparral Steel must analyze one
                                       composite sample from each batch
                                       of untreated wastewater
                                       transferred from the hazardous
                                       waste storage tank to non-
                                       hazardous waste management. Each
                                       composited batch sample must be
                                       analyzed, prior to non-hazardous
                                       management of the waste in the
                                       batch represented by that sample,
                                       for the constituent lead as
                                       listed in Condition (1).
                                       Chaparral may treat the waste as
                                       specified in Condition (2). If
                                       EPA judges the treatment process
                                       to be effective during the
                                       operating conditions used during
                                       the initial verification testing,
                                       Chaparral Steel may replace the
                                       testing requirement in Condition
                                       (3)(A) with the testing
                                       requirement in Condition (3)(B).
                                       Chaparral must continue to test
                                       as specified in (3)(A) until and
                                       unless notified by EPA or
                                       designated authority that testing
                                       in Condition (3)(A) may be
                                       replaced by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       Representative composite samples
                                       from the first eight (8) full-
                                       scale treated batches of
                                       wastewater from the K061 leachate/
                                       wastewater storage tank must be
                                       analyzed for the constituent lead
                                       as listed in Condition (1),
                                       Chaparral must report to EPA the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained from these
                                       initial full scale treatment
                                       batches within 90 days of the
                                       eighth treatment batch.
                                      (B) Subsequent Verification
                                       Testing: Following notification
                                       by EPA, Chaparral Steel may
                                       substitute the testing conditions
                                       in (3)(B) for (3)(A). Chaparral
                                       Steel must analyze representative
                                       composite samples from the
                                       treated full scale batches on an
                                       annual basis. If delisting levels
                                       for any constituent listed in
                                       Condition (1) are exceeded in the
                                       annual sample, Chaparral must
                                       reinstitute complete testing as
                                       required in Condition (3)(A). As
                                       stated in Condition (3) Chaparral
                                       must continue to test all batches
                                       of untreated waste to determine
                                       if delisting criteria are met
                                       before managing the wastewater
                                       from the K061 tank as
                                       nonhazardous.
                                      (4) Changes in Operating
                                       Conditions: If Chaparral Steel
                                       significantly changes the
                                       treatment process established
                                       under Condition (3) (e.g., use of
                                       new treatment agents), Chaparral
                                       Steel must notify the Agency in
                                       writing. After written approval
                                       by EPA, Chaparral Steel may
                                       handle the wastes generated as
                                       non-hazardous, if the wastes meet
                                       the delisting levels set in
                                       Condition (1).
                                      (5) Data Submittals: Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (3) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of five years. These
                                       records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, or both, and
                                       be made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or maintain the required
                                       records on site for the specified
                                       time will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to reopen the exclusion as
                                       described in Paragraph (6). All
                                       data must be accompanied by a
                                       signed copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:

[[Page 265]]

 
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language
                                      (A) If, anytime after disposal of
                                       the delisted waste, Chaparral
                                       Steel possesses or is otherwise
                                       made aware of any environmental
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) Based on the information
                                       described in paragraphs (5), or
                                       (6)(A) and any other information
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or
                                       delegate's notice to present such
                                       information.
                                      (D) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(C) or
                                       (if no information is presented
                                       under paragraph (6)(C)) the
                                       initial receipt of information
                                       described in paragraph (5) or
                                       (6)(A), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       Chaparral Steel must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activity.
                                       The one-time written notification
                                       must be updated if the delisted
                                       waste is shipped to a different
                                       disposal facility. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Conversion         Horsham,           Chemically Stabilized Electric Arc
 Systems, Inc.      Pennsylvania.      Furnace Dust (CSEAFD) that is
                                       generated by Conversion Systems,
                                       Inc. (CSI) (using the Super Detox
                                       \TM\ treatment process as
                                       modified by CSI to treat EAFD
                                       (EPA Hazardous Waste No. K061))
                                       at the following sites and that
                                       is disposed of in Subtitle D
                                       landfills:
                                      Northwestern Steel, Sterling,
                                       Illinois after June 13, 1995.
                                      CSI must implement a testing
                                       program for each site that meets
                                       the following conditions for the
                                       exclusion to be valid:
                                      (1) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.

[[Page 266]]

 
                                      (A) Initial Verification Testing:
                                       During the first 20 operating
                                       days of full-scale operation of a
                                       newly constructed Super Detox
                                       \TM\ treatment facility, CSI must
                                       analyze a minimum of four (4)
                                       composite samples of CSEAFD
                                       representative of the full 20-day
                                       period. Composites must be
                                       comprised of representative
                                       samples collected from every
                                       batch generated. The CSEAFD
                                       samples must be analyzed for the
                                       constituents listed in Condition
                                       (3). CSI must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 60
                                       days after the generation of the
                                       first batch of CSEAFD.
                                      (B) Addition of New Super
                                       Detox\TM\ Treatment Facilities to
                                       Exclusion: If the Agency's review
                                       of the data obtained during
                                       initial verification testing
                                       indicates that the CSEAFD
                                       generated by a specific Super
                                       Detox \TM\ treatment facility
                                       consistently meets the delisting
                                       levels specified in Condition
                                       (3), the Agency will publish a
                                       notice adding to this exclusion
                                       the location of the new Super
                                       Detox \TM\ treatment facility and
                                       the name of the steel mill
                                       contracting CSI's services. If
                                       the Agency's review of the data
                                       obtained during initial
                                       verification testing indicates
                                       that the CSEAFD generated by a
                                       specific Super Detox \TM\
                                       treatment facility fails to
                                       consistently meet the conditions
                                       of the exclusion, the Agency will
                                       not publish the notice adding the
                                       new facility.
                                      (C) Subsequent Verification
                                       Testing: For the Sterling,
                                       Illinois facility and any new
                                       facility subsequently added to
                                       CSI's conditional multiple-site
                                       exclusion, CSI must collect and
                                       analyze at least one composite
                                       sample of CSEAFD each month. The
                                       composite samples must be
                                       composed of representative
                                       samples collected from all
                                       batches treated in each month.
                                       These monthly representative
                                       samples must be analyzed, prior
                                       to the disposal of the CSEAFD,
                                       for the constituents listed in
                                       Condition (3). CSI may, at its
                                       discretion, analyze composite
                                       samples gathered more frequently
                                       to demonstrate that smaller
                                       batches of waste are
                                       nonhazardous.
                                      (2) Waste Holding and Handling:
                                       CSI must store as hazardous all
                                       CSEAFD generated until
                                       verification testing as specified
                                       in Conditions (1)(A) and (1)(C),
                                       as appropriate, is completed and
                                       valid analyses demonstrate that
                                       Condition (3) is satisfied. If
                                       the levels of constituents
                                       measured in the samples of CSEAFD
                                       do not exceed the levels set
                                       forth in Condition (3), then the
                                       CSEAFD is non-hazardous and may
                                       be disposed of in Subtitle D
                                       landfills. If constituent levels
                                       in a sample exceed any of the
                                       delisting levels set in Condition
                                       (3), the CSEAFD generated during
                                       the time period corresponding to
                                       this sample must be retreated
                                       until it meets these levels, or
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA. CSEAFD generated by a new
                                       CSI treatment facility must be
                                       managed as a hazardous waste
                                       prior to the addition of the name
                                       and location of the facility to
                                       the exclusion. After addition of
                                       the new facility to the
                                       exclusion, CSEAFD generated
                                       during the verification testing
                                       in Condition (1)(A) is also non-
                                       hazardous, if the delisting
                                       levels in Condition (3) are
                                       satisfied.
                                      (3) Delisting Levels: All
                                       leachable concentrations for
                                       those metals must not exceed the
                                       following levels (ppm): Antimony--
                                       0.06; arsenic--0.50; barium--7.6;
                                       beryllium--0.010; cadmium--0.050;
                                       chromium--0.33; lead--0.15;
                                       mercury--0.009; nickel--1;
                                       selenium--0.16; silver--0.30;
                                       thallium--0.020; vanadium--2; and
                                       zinc--70. Metal concentrations
                                       must be measured in the waste
                                       leachate by the method specified
                                       in 40 CFR 261.24.
                                      (4) Changes in Operating
                                       Conditions: After initiating
                                       subsequent testing as described
                                       in Condition (1)(C), if CSI
                                       significantly changes the
                                       stabilization process established
                                       under Condition (1) (e.g., use of
                                       new stabilization reagents), CSI
                                       must notify the Agency in
                                       writing. After written approval
                                       by EPA, CSI may handle CSEAFD
                                       wastes generated from the new
                                       process as non-hazardous, if the
                                       wastes meet the delisting levels
                                       set in Condition (3).
                                      (5) Data Submittals: At least one
                                       month prior to operation of a new
                                       Super Detox \TM\ treatment
                                       facility, CSI must notify, in
                                       writing, the Chief of the Waste
                                       Identification Branch (see
                                       address below) when the Super
                                       Detox \TM\ treatment facility is
                                       scheduled to be on-line. The data
                                       obtained through Condition (1)(A)
                                       must be submitted to the Branch
                                       Chief of the Waste Identification
                                       Branch, OSW (Mail Code 5304),
                                       U.S. EPA, 1200 Pennsylvania Ave.,
                                       NW., Washington, DC 20460 within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State in which the CSI
                                       facility is located, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.

[[Page 267]]

 
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
Conversion         Willow Grove, PA.  Chemically Stabilized Electric Arc
 Systems, Inc.                         Furnace Dust (CSEAFD) that is
                                       generated by Conversion Systems
                                       Inc. (CSI) using the Super
                                       Detox\TM\ process as modified by
                                       CSI to treat EAFD (EPA Hazardous
                                       Waste No. K061) at the following
                                       sites and that is disposed of in
                                       Subtitle C landfills:
                                      Northwestern Steel, Sterling,
                                       Illinois after June 13, 1995.
                                      Structural Metals, Inc. treated at
                                       U.S. Ecology, Robstown, Texas
                                       after September 23, 2008.
                                      (1) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                      (A) Initial Verification Testing:
                                       During the first 20 operating
                                       days of full scale operation of a
                                       newly constructed Super Detox\TM\
                                       treatment facility, CSI must
                                       analyze a minimum of four (4)
                                       composite samples of CSEAFD
                                       representative of the full 20-day
                                       period. Composites must be
                                       comprised of representative
                                       samples collected from every
                                       batch generated. The CSEAFD
                                       samples must be analyzed for the
                                       constituents listed in Condition
                                       (3). CSI must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 60
                                       days after the generation of the
                                       first batch of CSEAFD.
                                      (B) Addition of New Super
                                       Detox\TM\ Treatment Facilities to
                                       Exclusion: If the Agency's review
                                       of the data obtained during
                                       initial verification testing
                                       indicates that the CSEAFD
                                       generated by a specific Super
                                       Detox\TM\ treatment facility
                                       consistently meets the delisting
                                       levels specified in Condition
                                       (3), the Agency will publish a
                                       notice adding to this exclusion
                                       the location of the new Super
                                       Detox\TM\ treatment facility and
                                       the name of the steel mill
                                       contracting CSI's services. If
                                       the Agency's review of the data
                                       obtained during initial
                                       verification testing indicates
                                       that the CSEAFD generated by a
                                       specific Super Detox\TM\
                                       treatment facility fails to
                                       consistently meet the conditions
                                       of this exclusion, the Agency
                                       will not publish the notice
                                       adding the new facility.
                                      (C) Subsequent Verification
                                       Testing: For the Sterling,
                                       Illinois facility and any new
                                       facility subsequently added to
                                       CSI's conditional multiple-site
                                       exclusion, CSI must collect and
                                       analyze at least one composite
                                       sample of CSEAFD each month. The
                                       composite samples must be
                                       composed of representative
                                       samples collected from all
                                       batches treated in each month.
                                       The composite samples must be
                                       composed representative samples
                                       collected from all batches
                                       treated in each month. These
                                       monthly representative samples
                                       must be analyzed, prior to
                                       disposal of the CSEAFD, for the
                                       constituents listed in Condition
                                       (3). CSI may, at its discretion,
                                       analyze composite samples
                                       gathered more frequently to
                                       demonstrate that smaller batches
                                       of waste are non-hazardous.
                                      (2) Waste Holding and Handling:
                                       CSI must store as hazardous all
                                       CSEAFD generated until
                                       verification testing as specified
                                       in Conditions (1)(A) and (1)(C),
                                       as appropriate, is completed and
                                       valid analyses demonstrate that
                                       Condition (3) is satisfied. If
                                       the levels of constituents
                                       measured in the samples of CSEAFD
                                       do not exceed the levels set
                                       forth in Condition (3), then the
                                       CSEAFD is non-hazardous and may
                                       be managed and disposed of in
                                       Subtitle D landfills. If
                                       constituent levels in a sample
                                       exceed any of the delisting
                                       levels set in Condition (3), the
                                       CSEAFD generated during the time
                                       period corresponding to this
                                       sample must be retreated until it
                                       meets these levels, or managed
                                       and disposed of in accordance
                                       with Subtitle C of RCRA. CSEAFD
                                       generated by a new CSI treatment
                                       facility must be managed as a
                                       hazardous waste prior to the
                                       addition of the name and location
                                       of the facility to the exclusion.
                                       After addition of the new
                                       facility to the exclusion, CSEAFD
                                       generated during the verification
                                       testing in Condition (1)(A) is
                                       also non-hazardous, if the
                                       delisting levels in Condition (3)
                                       are satisfied.
                                      (3) Delisting Levels: All
                                       leachable constituents for those
                                       metals must not exceed the
                                       following levels (ppm): Antimony-
                                       0.06; Arsenic-0.50; Barium-7.6;
                                       Beryllium-0.010; Cadmium-0.050;
                                       Chromium-0.33; Lead-0.15; Mercury-
                                       0.009; Nickel-1.00; Selenium-
                                       0.16; Silver-0.30; Thallium-
                                       0.020; Vanadium-2.0; Zinc-70.
                                       Metal concentrations must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24.
                                      (4) Changes in Operating
                                       Conditions: After initiating
                                       subsequent testing described in
                                       Condition (1)(C), if CSI
                                       significantly changes the
                                       stabilization process established
                                       under Condition (1) (e.g., use of
                                       new stabilization reagents), CSI
                                       must notify the Agency in
                                       writing. After written approval
                                       by EPA, CSI may handle CSEAFD
                                       generated from the new process as
                                       non-hazardous, if the wastes meet
                                       the delisting levels set in
                                       Condition (3).

[[Page 268]]

 
                                      (5) Data Submittals: CSI must
                                       submit the information described
                                       below. If CSI fails to submit the
                                       required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (6). CSI must:
                                      (A) At least one month prior to
                                       operation of a new Super
                                       Detox\TM\ treatment facility, CSI
                                       must notify, in writing, the EPA
                                       Regional Administrator or his
                                       designee, when the new Super
                                       Detox\TM\ treatment facility is
                                       scheduled to be on-line. The data
                                       obtained through paragraph 1(A)
                                       must be submitted to the Regional
                                       Administrator or his designee
                                       within the time period specified.
                                       All supporting data can be
                                       submitted on CD-ROM or some
                                       comparable electronic media.
                                      (B) CSI shall submit and receive
                                       EPA approval of the Quality
                                       Assurance Project Plan for data
                                       collection for each new facility
                                       added to this exclusion prior to
                                       conducting sampling events in
                                       paragraph 1(A).
                                      (C) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (D) Furnish these records and data
                                       when either EPA or the State
                                       agency requests them for
                                       inspection.
                                      (E) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted. ``Under
                                       civil and criminal penalty of law
                                       for the making or submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code, which include, but
                                       may not be limited to, 18 U.S.C.
                                       1001 and 42 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. If any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (6) Reopener: (A) If, anytime
                                       after disposal of the delisted
                                       waste CSI, the treatment
                                       facility, or the steel mill
                                       possess or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       ground water monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       identified for the delisting
                                       verification testing is at a
                                       level higher than the delisting
                                       level allowed by EPA in granting
                                       the petition, then the facility
                                       must report the data, in writing,
                                       to EPA within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If subsequent verification
                                       testing of the waste as required
                                       by paragraph 1(C) does not meet
                                       the delisting requirements in
                                       paragraph 3 and the waste is
                                       subsequently managed as non-
                                       hazardous waste, CSI must report
                                       the data, in writing, to EPA
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If CSI fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, EPA
                                       will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       action to protect human health
                                       and/or the environment. Further
                                       action may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If EPA determines that the
                                       reported information requires
                                       action, EPA will notify the
                                       facility in writing of the
                                       actions it believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information explaining why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of
                                       EPA's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), EPA will issue
                                       a final written determination
                                       describing the actions that are
                                       necessary to protect human health
                                       and/or the environment. Any
                                       required action described in
                                       EPA's determination shall become
                                       effective immediately, unless EPA
                                       provides otherwise.
                                      (7) Notification Requirements: CSI
                                       or the treatment facility must do
                                       the following before transporting
                                       the delisted waste. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any state
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       exclusion and a possible
                                       revocation of the decision.

[[Page 269]]

 
DuraTherm,         San Leon, Texas..  Desorber Solids, (at a maximum
 Incorporated.                         generation of 20,000 cubic yards
                                       per calendar year) generated by
                                       DuraTherm using the treatment
                                       process to treat the Desorber
                                       solids, (EPA Hazardous Waste No.
                                       K048, K049, K050, and K051 and
                                       disposed of in a subtitle D
                                       landfill.
                                      DuraTherm must implement the
                                       testing program found in Table 1.
                                       Wastes Excluded From Non-Specific
                                       Sources, for the petition to be
                                       valid.
Eastman Chemical   Longview, Texas..  Wastewater treatment sludge, (at a
 Company.                              maximum generation of 82,100
                                       cubic yards per calendar year)
                                       (EPA Hazardous Waste Nos. K009,
                                       K010) generated at Eastman.
                                       Eastman must implement the
                                       testing program described in
                                       Table 1. Waste Excluded From Non-
                                       Specific Sources for the petition
                                       to be valid.
Envirite of        Harvey, Illinois.  See waste description under
 Illinois                              Envirite of Pennsylvania.
 (formerly
 Envirite
 Corporation).
Envirite of Ohio   Canton, Ohio.....  See waste description under
 (formerly                             Envirite of Pennsylvania.
 Envirite
 Corporation).
Envirite of        York,              Spent pickle liquor (EPA Hazardous
 Pennsylvania       Pennsylvania.      Waste No. K062) generated from
 (formerly                             steel finishing operations of
 Envirite                              facilities within the iron and
 Corporation).                         steel industry (SIC Codes 331 and
                                       332); wastewater treatment sludge
                                       (EPA Hazardous Waste No. K002)
                                       generated from the production of
                                       chrome yellow and orange
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K003) generated from the
                                       production of molybdate orange
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K004) generated from the
                                       production of zinc yellow
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste K005)
                                       generated from the production of
                                       chrome green pigments; wastewater
                                       treatment sludge (EPA Hazardous
                                       Waste No. K006) generated from
                                       the production of chrome oxide
                                       green pigments (anhydrous and
                                       hydrated); wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K007) generated from the
                                       production of iron blue pigments;
                                       oven residues (EPA Hazardous
                                       Waste No. K008) generated from
                                       the production of chrome oxide
                                       green pigments after November 14,
                                       1986. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern, the facility must
                                       implement a contingency testing
                                       program for the petitioned
                                       wastes. This testing program must
                                       meet the following conditions for
                                       the exclusions to be valid:
                                      (1) Each batch of treatment
                                       residue must be representatively
                                       sampled and tested using the EP
                                       Toxicity test for arsenic,
                                       barium, cadmium, chromium, lead,
                                       selenium, silver, mercury, and
                                       nickel. If the extract
                                       concentrations for chromium,
                                       lead, arsenic, and silver exceed
                                       0.315 ppm; barium levels exceed
                                       6.3 ppm; cadmium and selenium
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels
                                       exceed 2.205 ppm, the waste must
                                       be retreated or managed and
                                       disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (2) Each batch of treatment
                                       residue (formerly must be tested
                                       for leachable cyanide. If the
                                       leachable cyanide levels
                                       Corporation) (using the EP
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the
                                       waste must be re-treated or
                                       managed and disposed as a
                                       hazardous waste under 40 CFR
                                       Parts 262 to 265 and the
                                       permitting standards of 40 CFR
                                       Part 270.
                                      (3) Each batch of waste must be
                                       tested for the total content of
                                       specific organic toxicants. If
                                       the total content of anthracene
                                       exceeds 76.8 ppm, 1.2-diphenyl
                                       hydrazine exceeds 0.001 ppm,
                                       methylene chloride exceeds 8.18
                                       ppm, methyl ethyl ketone exceeds
                                       326 ppm, n-nitrosodiphenylamine
                                       exceeds 11.9 ppm, phenol exceeds
                                       1,566 ppm, tetrachloroethylene
                                       exceeds 0.188 ppm, or
                                       trichloroethylene exceeds 0.592
                                       ppm, the waste must be managed
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 27 0.
                                      (4) A grab sample must be
                                       collected from each batch to form
                                       one monthly composite sample
                                       which must be tested using GC/MS
                                       analysis for the compounds listed
                                       in 3, above, as well as
                                       the remaining organics on the
                                       priority pollutant list. (See 47
                                       FR 52309, November 19, 1982, for
                                       a list of the priority
                                       pollutants.)
                                      (5) The data from conditions 1-4
                                       must be kept on file at the
                                       facility for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the
                                       Administrator by certified mail
                                       semi-annually. The Agency will
                                       review this information and if
                                       needed will propose to modify or
                                       withdraw the exclusion. The
                                       organics testing described in
                                       conditions 3 and 4, above, is not
                                       required until six months from
                                       the date of promulgation. The
                                       Agency's decision to
                                       conditionally exclude the
                                       treatment residue generated from
                                       the wastewater treatment systems
                                       at these facilities applies only
                                       to the wastewater and solids
                                       treatment systems as they
                                       presently exist as described in
                                       the delisting petition. The
                                       exclusion does not apply to the
                                       proposed process additions
                                       described in the petition as
                                       recovery, including
                                       crystallization, electrolytic
                                       metals recovery, evaporative
                                       recovery, and ion exchange.

[[Page 270]]

 
ERCO Worldwide     Port Edwards,      Brine purification muds (EPA
 (USA) Inc.         Wisconsin.         Hazardous Waste No. K071)
 (formerly Vulcan                      generated from the mercury cell
 Materials                             process in chlorine production,
 Company).                             where separately purified brine
                                       is not used after November 17,
                                       1986. To assure that mercury
                                       levels in this waste are
                                       maintained at acceptable levels,
                                       the following conditions apply to
                                       this exclusion: Each batch of
                                       treated brine clarifier muds and
                                       saturator insolubles must be
                                       tested (by the extraction
                                       procedure) prior to disposal and
                                       the leachate concentration of
                                       mercury must be less than or
                                       equal to 0.0129 ppm. If the waste
                                       does not meet this requirement,
                                       then it must be re-treated or
                                       disposed of as hazardous. This
                                       exclusion does not apply to
                                       wastes for which either of these
                                       conditions is not satisfied.
Giant Refining     Bloomfield, New    Waste generated during the
 Company, Inc.      Mexico.            excavation of soils from two
                                       wastewater treatment impoundments
                                       (referred to as the South and
                                       North Oily Water Ponds) used to
                                       contain water outflow from an API
                                       separator (EPA Hazardous Waste
                                       No. K051). This is a one-time
                                       exclusion for approximately 2,000
                                       cubic yards of stockpiled waste.
                                       This exclusion was published on
                                       September 3, 1996.
                                      Notification Requirements: Giant
                                       Refining Company must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
Heritage           Crawfordsville,    Electric arc furnace dust (EAFD)
 Environmental      Indiana.           that has been generated by Nucor
 Services, LLC.,                       Steel at its Crawfordsville,
 at the Nucor                          Indiana facility and treated on
 Steel facility.                       site by Heritage Environmental
                                       Services, LLC (Heritage) at a
                                       maximum annual rate of 30,000
                                       cubic yards per year and disposed
                                       of in a Subtitle D landfill which
                                       has groundwater monitoring, after
                                       January 15, 2002.
                                      (1) Delisting Levels:
                                      (A) The constituent concentrations
                                       measured in either of the
                                       extracts specified in Paragraph
                                       (2) may not exceed the following
                                       levels (mg/L): Antimony--0.206;
                                       Arsenic--0.0936; Barium--55.7;
                                       Beryllium--0.416; Cadmium--0.15;
                                       Chromium (total)--1.55; Lead--
                                       5.0; Mercury--0.149; Nickel--
                                       28.30; Selenium--0.58; Silver--
                                       3.84; Thallium--0.088; Vanadium--
                                       21.1; Zinc--280.0.
                                      (B) Total mercury may not exceed 1
                                       mg/kg.
                                      (2) Verification Testing: On a
                                       monthly basis, Heritage or Nucor
                                       must analyze two samples of the
                                       waste using the TCLP, SW-846
                                       Method 1311, with an extraction
                                       fluid of pH 12 0.05 standard units and for
                                       the mercury determinative
                                       analysis of the leachate using an
                                       appropriate method. The
                                       constituent concentrations
                                       measured must be less than the
                                       delisting levels established in
                                       Paragraph (1).
                                      (3) Changes in Operating
                                       Conditions: If Nucor
                                       significantly changes the
                                       manufacturing process or
                                       chemicals used in the
                                       manufacturing process or Heritage
                                       significantly changes the
                                       treatment process or the
                                       chemicals used in the treatment
                                       process, Heritage or Nucor must
                                       notify the EPA of the changes in
                                       writing. Heritage and Nucor must
                                       handle wastes generated after the
                                       process change as hazardous until
                                       Heritage or Nucor has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels set forth in Paragraph (1)
                                       and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced and Heritage and Nucor
                                       have received written approval
                                       from EPA.
                                      (4) Data Submittals: Heritage must
                                       submit the data obtained through
                                       monthly verification testing or
                                       as required by other conditions
                                       of this rule to U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 by February 1
                                       of each calendar year for the
                                       prior calendar year. Heritage or
                                       Nucor must compile, summarize,
                                       and maintain on site for a
                                       minimum of five years records of
                                       operating conditions and
                                       analytical data. Heritage or
                                       Nucor must make these records
                                       available for inspection. All
                                       data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      (5) Reopener Language--(A) If,
                                       anytime after disposal of the
                                       delisted waste, Heritage or Nucor
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       identified in Paragraph (1) is at
                                       a level in the leachate higher
                                       than the delisting level
                                       established in Paragraph (1), or
                                       is at a level in the groundwater
                                       higher than the maximum allowable
                                       point of exposure concentration
                                       predicted by the CMTP model, then
                                       Heritage or Nucor must report
                                       such data, in writing, to the
                                       Regional Administrator within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (B) Based on the information
                                       described in paragraph (5)(A) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.

[[Page 271]]

 
                                      (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify
                                       Heritage and Nucor in writing of
                                       the actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing Heritage and Nucor with
                                       an opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. Heritage and
                                       Nucor shall have 30 days from the
                                       date of the Regional
                                       Administrator's notice to present
                                       the information.
                                      (D) If after 30 days Heritage or
                                       Nucor presents no further
                                       information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
LCP Chemical.....  Orrington, ME....  Brine purification muds and
                                       wastewater treatment sludges
                                       generated after August 27, 1985
                                       from their chlor-alkali
                                       manufacturing operations (EPA
                                       Hazardous Waste Nos. K071 and
                                       K106) that have been batch tested
                                       for mercury using the EP toxicity
                                       procedures and have been found to
                                       contain less than 0.05 ppm
                                       mercury in the EP extract. Brine
                                       purification muds and wastewater
                                       treatment sludges that exceed
                                       this level will be considered a
                                       hazardous waste.
Marathon Oil Co..  Texas City, Texas  Residual solids (at a maximum
                                       annual generation rate of 1,000
                                       cubic yards) generated from the
                                       thermal desorption treatment and,
                                       where necessary, stabilization of
                                       wastewater treatment plant API/
                                       DAF filter cake (EPA Hazardous
                                       Waste Nos. K048 and K051), after
                                       [insert date of publication].
                                       Marathon must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Testing: Sample collection and
                                       analyses (including quality
                                       control (QC) procedures) must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       If EPA judges the treatment
                                       process to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       Marathon may replace the testing
                                       required in Condition (1)(A) with
                                       the testing required in Condition
                                       (1)(B). Marathon must continue to
                                       test as specified in Condition
                                       (1)(A), including testing for
                                       organics in Conditions (3)(B) and
                                       (3)(C), until and unless notified
                                       by EPA in writing that testing in
                                       Condition (1)(A) may be replaced
                                       by Condition (1)(B), or that
                                       testing for organics may be
                                       terminated as described in (1)(C)
                                       (to the extent directed by EPA).
                                      (A) Initial Verification Testing:
                                       During at least the first 40
                                       operating days of full-scale
                                       operation of the thermal
                                       desorption unit, Marathon must
                                       monitor the operating conditions
                                       and analyze 5-day composites of
                                       residual solids. 5-day composites
                                       must be composed of
                                       representative grab samples
                                       collected from every batch during
                                       each 5-day period of operation.
                                       The samples must be analyzed
                                       prior to disposal of the residual
                                       solids for constituents listed in
                                       Condition (3). Marathon must
                                       report the operational and
                                       analytical test data, including
                                       quality control information,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (B) Subsequent Verification
                                       Testing: Following notification
                                       by EPA, Marathon may substitute
                                       the testing conditions in (1)(B)
                                       for (1)(A). Marathon must
                                       continue to monitor operating
                                       conditions, and analyze samples
                                       representative of each month of
                                       operation. The samples must be
                                       composed of representative grab
                                       samples collected during at least
                                       the first five days of operation
                                       of each month. These monthly
                                       representative samples must be
                                       analyzed for the constituents
                                       listed in Condition (3) prior to
                                       the disposal of the residual
                                       solids. Marathon may, at its
                                       discretion, analyze composite
                                       samples gathered more frequently
                                       to demonstrate that smaller
                                       batches of waste are
                                       nonhazardous.
                                      (C) Termination of Organic
                                       Testing: Marathon must continue
                                       testing as required under
                                       Condition (1)(B) for organic
                                       constituents specified in
                                       Conditions (3)(B) and (3)(C)
                                       until the analyses submitted
                                       under Condition (1)(B) show a
                                       minimum of four consecutive
                                       monthly representative samples
                                       with levels of specific
                                       constituents significantly below
                                       the delisting levels in
                                       Conditions (3)(B) and (3)(C), and
                                       EPA notifies Marathon in writing
                                       that monthly testing for specific
                                       organic constituents may be
                                       terminated. Following termination
                                       of monthly testing, Marathon must
                                       continue to test a representative
                                       5-day composite sample for all
                                       constituents listed in Conditions
                                       (3)(B) and (3)(C) on an annual
                                       basis. If delisting levels for
                                       any constituents listed in
                                       Conditions (3)(B) and (3)(C) are
                                       exceeded in the annual sample,
                                       Marathon must reinstitute
                                       complete testing as required in
                                       Condition (1)(B).

[[Page 272]]

 
                                      (2) Waste Holding and Handling:
                                       Marathon must store as hazardous
                                       all residual solids generated
                                       until verification testing (as
                                       specified in Conditions (1)(A)
                                       and (1)(B)) is completed and
                                       valid analysis demonstrates that
                                       Condition (3) is satisfied. If
                                       the levels of hazardous
                                       constituents in the samples of
                                       residual solids are below all of
                                       the levels set forth in Condition
                                       (3), then the residual solids are
                                       non-hazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. If hazardous
                                       constituent levels in any 5-day
                                       composite or other representative
                                       sample equal or exceed any of the
                                       delisting levels set in Condition
                                       (3), the residual solids
                                       generated during the
                                       corresponding time period must be
                                       retreated and/or stabilized as
                                       allowed below, until the residual
                                       solids meet these levels, or
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      If the residual solids contain
                                       leachable inorganic
                                       concentrations at or above the
                                       delisting levels set forth in
                                       Condition (3)(A), then Marathon
                                       may stabilize the material with
                                       Type 1 portland cement as
                                       demonstrated in the petition to
                                       immobilize the metals. Following
                                       stabilization, Marathon must
                                       repeat analyses in Condition
                                       (3)(A) prior to disposal.
                                      (3) Delisting Levels: Leachable
                                       concentrations in Conditions
                                       (3)(A) and (3)(B) must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24. The indicator parameters
                                       in Condition (3)(C) must be
                                       measured as the total
                                       concentration in the waste.
                                       Concentrations must be less than
                                       the following levels (ppm):
                                      (A) Inorganic Constituents:
                                       antimony-0.6; arsenic, chromium,
                                       or silver-5.0; barium-100.0;
                                       beryllium-0.4; cadmium-0.5; lead-
                                       1.5; mercury-0.2; nickel-10.0;
                                       selenium-1.0; vanadium-20.0.
                                      (B) Organic Constituents:
                                       acenaphthene-200; benzene-0.5;
                                       benzo(a)anthracene-0.01;
                                       benzo(a)pyrene-0.02;
                                       benzo(b)fluoranthene-0.02;
                                       chrysene-0.02; ethyl benzene-70;
                                       fluoranthene-100; fluorene-100;
                                       naphthalene-100; pyrene-100;
                                       toluene-100.
                                      (C) Indicator Parameters: 1-methyl
                                       naphthalene-3; benzo(a)pyrene-3.
                                      (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification test period
                                       in Condition (1)(A), if Marathon
                                       significantly changes the
                                       operating conditions established
                                       under Condition (1), Marathon
                                       must notify the Agency in
                                       writing. After written approval
                                       by EPA, Marathon must re-
                                       institute the testing required in
                                       Condition (1)(A) for a minimum of
                                       four 5-day operating periods.
                                       Marathon must report the
                                       operations and test data,
                                       required by Condition (1)(A),
                                       including quality control data,
                                       obtained during this period no
                                       later than 60 days after the
                                       changes take place. Following
                                       written notification by EPA,
                                       Marathon may replace testing
                                       Condition (1)(A) with (1)(B).
                                       Marathon must fulfill all other
                                       requirements in Condition (1), as
                                       appropriate.
                                      (5) Data Submittals: At least two
                                       weeks prior to system start-up,
                                       Marathon must notify in writing
                                       the Section Chief Delisting
                                       Section (see address below) when
                                       the thermal desorption and
                                       stabilization units will be on-
                                       line and waste treatment will
                                       begin. The data obtained through
                                       Condition (1)(A) must be
                                       submitted to HWID/OSW (5304W) (OS-
                                       333), U.S. EPA, 1200 Pennsylvania
                                       Ave., NW., Washington, DC 20460
                                       within the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA or
                                       the State of Texas and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate, and complete.
                                      As to the (those) identified
                                       sections(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate,
                                       and complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate, or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Mearl Corp.......  Peekskill, NY....  Wastewater treatment sludge (EPA
                                       Hazardous Waste Nos. K006 and
                                       K007) generated from the
                                       production of chrome oxide green
                                       and iron blue pigments after
                                       November 27, 1985.
Monsanto           Sauget, Illinois.  Brine purification muds (EPA
 Industrial                            Hazardous Waste No. K071)
 Chemicals                             generated from the mercury cell
 Company.                              process in chlorine production,
                                       where separately prepurified
                                       brine is not used after August
                                       15, 1986.

[[Page 273]]

 
Occidental         Ingleside, Texas.  Limestone Sludge, (at a maximum
 Chemical.                             generation of 1,114 cubic yards
                                       per calendar year) Rockbox
                                       Residue, (at a maximum generation
                                       of 1,000 cubic yards per calendar
                                       year) generated by Occidental
                                       Chemical using the wastewater
                                       treatment process to treat the
                                       Rockbox Residue and the Limestone
                                       Sludge (EPA Hazardous Waste No.
                                       K019, K020). Occidental Chemical
                                       must implement a testing program
                                       that meets conditions found in
                                       Table 1. Wastes Excluded From Non-
                                       Specific Sources from the
                                       petition to be valid.
 
Occidental         Sheffield,         Retorted wastewater treatment
 Chemical Corp.,    Alabama.           sludge from the mercury cell
 Muscle Shoals                         process in chlorine production
 Plant.                                (EPA Hazardous Plant Waste No.
                                       K106) after September 19, 1989.
                                       This exclusion is conditional
                                       upon the submission of data
                                       obtained from Occidental's full-
                                       scale retort treatment system
                                       because Occidental's original
                                       data were based on a pilot-scale
                                       retort system. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment facility is in
                                       operation, Occidental must
                                       implement a testing program. All
                                       sampling and analyses (including
                                       quality control procedures) must
                                       be performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       This testing program must meet
                                       the following conditions for the
                                       exclusion to be valid:
 
                                      (1) Initial Testing--During the
                                       first four weeks of full-scale
                                       retort operation, Occidental must
                                       do the following:
                                      (A) Collect representative grab
                                       samples from every batch of
                                       retorted material and composite
                                       the grab samples to produce a
                                       weekly composite sample. The
                                       weekly composite samples, prior
                                       to disposal or recycling, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals (except mercury),
                                       nickel, and cyanide (using
                                       distilled water in the cyanide
                                       extractions). Occidental must
                                       report the analytical test data,
                                       including all quality control
                                       data, obtained during this
                                       initial period no later than 90
                                       days after the treatment of the
                                       first full-scale batch.
                                      (B) Collect representative grab
                                       samples of every batch of
                                       retorted material prior to its
                                       disposal or recycling and analyze
                                       the sample for EP leachate
                                       concentration of mercury.
                                       Occidental must report the
                                       analytical test data, including
                                       all quality control data, within
                                       90 days after the treatment of
                                       the first full-scale batch.
 
                                      (2) Subsequent Testing--After the
                                       first four weeks of full-scale
                                       retort operation, Occidental must
                                       do the following:
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       Occidental must compile and store
                                       on-site for a minimum of three
                                       years all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.
                                       These testing requirements shall
                                       be terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of the
                                       petitioned waste, obtained from
                                       either the initial testing or
                                       subsequent testing show the
                                       maximum allowable levels in
                                       condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the requirements of this
                                       condition have been lifted.
                                      (B) Continue to sample and test
                                       for mercury as described in
                                       condition (1)(B).
                                      Occidental must compile and store
                                       on-site for a minimum of three
                                       years all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.
                                       These testing requirements shall
                                       remain in effect until Occidental
                                       provides EPA with analytical and
                                       quality control data for thirty
                                       consecutive batches of retorted
                                       material, collected as described
                                       in condition (1)(B),
                                       demonstrating that the EP
                                       leachable levels of mercury are
                                       below the maximum allowable level
                                       in condition (3) and the Section
                                       Chief, Variances Section,
                                       notifies Occidental that the
                                       testing in condition (2)(B) may
                                       be replaced with (2)(C).
                                      (C) [If the conditions in (2)(B)
                                       are satisfied, the testing
                                       requirements for mercury in
                                       (2)(B) shall be replaced with the
                                       following condition]. Collect
                                       representative grab samples from
                                       every batch of retorted material
                                       on a daily basis and composite
                                       the grab samples to produce a
                                       weekly composite sample.
                                       Occidental must analyze each
                                       weekly composite sample prior to
                                       its disposal or recycling for the
                                       EP leachate concentration of
                                       mercury. Occidental must compile
                                       and store on-site for a minimum
                                       of three years all analytical
                                       data and quality control data.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Alabama.
                                      (3) If, under condition (1) or
                                       (2), the EP leachate
                                       concentrations for chromium,
                                       lead, arsenic, or silver exceed
                                       1.616 mg/l; for barium exceeds
                                       32.3 mg/l; for cadmium or
                                       selenium exceed 0.323 mg/l; for
                                       mercury exceeds 0.065 mg/l, for
                                       nickel exceeds 16.15 mg/l; or for
                                       cyanide exceeds 22.61 mg/l, the
                                       waste must either be retreated
                                       until it meets these levels or
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.

[[Page 274]]

 
                                      (4) Within one week of system
                                       start-up, Occidental must notify
                                       the Section Chief, Variances
                                       Section (see address below) when
                                       the full-scale retort system is
                                       on-line and waste treatment has
                                       begun. All data obtained through
                                       condition (1) must be submitted
                                       to PSPD/OSW (5303W), U.S. EPA,
                                       1200 Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1). At the Section
                                       Chief's request, Occidental must
                                       submit any other analytical data
                                       obtained through condition (2) to
                                       the above address, within the
                                       time period specified by the
                                       Section Chief. Failure to submit
                                       the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke
                                       Occidental's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
 
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Occidental         Delaware City,     Sodium chloride treatment muds
 Chemical           Delaware.          (NaCl-TM), sodium chloride
 Corporation.                          saturator cleanings (NaCl-SC),
                                       and potassium chloride treatment
                                       muds (KCl-TM) (all classified as
                                       EPA Hazardous Waste No. K071)
                                       generated at a maximum combined
                                       rate (for all three wastes) of
                                       1,018 tons per year. This
                                       exclusion was published on April
                                       29, 1991 and is conditioned upon
                                       the collection of data from
                                       Occidental's full-scale brine
                                       treatment system because
                                       Occidental's request for
                                       exclusion was based on data from
                                       a laboratory-scale brine
                                       treatment process. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment system is in
                                       operation, Occidental must
                                       implement a testing program for
                                       the petitioned waste. All
                                       sampling and analyses (including
                                       quality control (QC) procedures)
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. This testing program must
                                       meet the following conditions for
                                       the exclusion to be valid:
                                      (1) Initial Testing: During the
                                       first four weeks of full-scale
                                       treatment system operation,
                                       Occidental must do the following:
                                      (A) Collect representative grab
                                       samples from each batch of the
                                       three treated wastestreams
                                       (sodium chloride saturator
                                       cleanings (NaCl-SC), sodium
                                       chloride treatment muds (NaCl-TM)
                                       and potassium chloride treatment
                                       muds (KCl-TM)) on an as generated
                                       basis and composite the samples
                                       to produce three separate weekly
                                       composite samples (of each type
                                       of K071 waste). The three weekly
                                       composite samples, prior to
                                       disposal, must be analyzed for
                                       the EP leachate concentrations of
                                       all the EP toxic metals (except
                                       mercury), nickel, and cyanide
                                       (using distilled water in the
                                       cyanide extractions). Occidental
                                       must report the waste volumes
                                       produced and the analytical test
                                       data, including all quality
                                       control data, obtained during
                                       this initial period, no later
                                       than 90 days after the treatment
                                       of the first full-scale batch.
                                      (B) Collect representative grab
                                       samples of each batch of the
                                       three treated wastestreams (NaCl-
                                       SC, NACl-TM and KCl-TM) and
                                       composite the grab samples to
                                       produce three separate daily
                                       composite samples (of each type
                                       of K071 waste) on an as generated
                                       basis. The three daily composite
                                       samples, prior to disposal, must
                                       be analyzed for the EP leachate
                                       concentration of mercury.
                                       Occidental must report the waste
                                       volumes produced and the
                                       analytical test data, including
                                       all quality control data,
                                       obtained during this initial
                                       period, no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (2) Subsequent Testing: After the
                                       first four weeks of full-scale
                                       treatment operations, Occidental
                                       must do the following; all
                                       sampling and analyses (including
                                       quality control procedures) must
                                       be performed using appropriate
                                       methods, and as applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B:

[[Page 275]]

 
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       Occidental must compile and store
                                       on-site for a minimum of three
                                       years the records of waste
                                       volumes produced and all
                                       analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Delaware. These
                                       testing requirements shall be
                                       terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of the
                                       petitioned waste, obtained from
                                       either the initial testing or
                                       subsequent testing, show the
                                       maximum allowable levels in
                                       condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the requirements of this
                                       condition have been lifted.
                                      (B) Continue to sample and test
                                       for mercury as described in
                                       condition (1)(B). Occidental must
                                       compile and store on-site for a
                                       minimum of three years the
                                       records of waste volumes produced
                                       and all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Delaware.
                                       These testing requirements shall
                                       be terminated and replaced with
                                       the requirements of condition
                                       (2)(C) if Occidental provides EPA
                                       with analytical and quality
                                       control data for thirty
                                       consecutive batches of treated
                                       material, collected as described
                                       in condition (1)(B),
                                       demonstrating that the EP
                                       leachable level of mercury in
                                       condition (3) is not exceeded (in
                                       all three treated wastes), and
                                       the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the testing in condition (2)(B)
                                       may be replaced with (2)(C).
                                      (C) [If the conditions in (2)(B)
                                       are satisfied, the testing
                                       requirements for mercury in
                                       (2)(B) shall be replaced with the
                                       following condition.] Collect
                                       representative grab samples from
                                       each batch of the three treated
                                       wastestreams (NaCl-SC, NaCl-TM
                                       and KCl-TM) on an as generated
                                       basis and composite the grab
                                       samples to produce three separate
                                       weekly composite samples (of each
                                       type of K071 waste). The three
                                       weekly composite samples, prior
                                       to disposal, must be analyzed for
                                       the EP leachate concentration of
                                       mercury. Occidental must compile
                                       and store on-site for a minimum
                                       of three years the records of
                                       waste volumes produced and all
                                       analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Delaware.
                                      (3) If, under conditions (1) or
                                       (2), the EP leachate
                                       concentrations for chromium,
                                       lead, arsenic, or silver exceed
                                       0.77 mg/l; for barium exceeds
                                       15.5 mg/l; for cadmium or
                                       selenium exceed 0.16 mg/l; for
                                       mercury exceeds 0.031 mg/l, or
                                       for nickel or total cyanide
                                       exceed 10.9 mg/l, the waste must
                                       either be retreated or managed
                                       and disposed of in accordance
                                       with all applicable hazardous
                                       waste regulations.
                                      (4) Within one week of system
                                       start-up, Occidental must notify
                                       the Section Chief, Variances
                                       Section (see address below) when
                                       the full-scale system is on-line
                                       and waste treatment has begun.
                                       All data obtained through
                                       condition (1) must be submitted
                                       to the Section Chief, Variances
                                       Section, PSPD/OSW, (OS-333), U.S.
                                       EPA, 1200 Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period required in condition
                                       (1). At the Section Chief's
                                       request, Occidental must submit
                                       any other analytical data
                                       obtained through conditions (1)
                                       and (2) to the above address
                                       within the time period specified
                                       by the Section Chief. Failure to
                                       submit the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke
                                       Occidental's exclusion to the
                                       extent directed by EPA. All data
                                       (either submitted to EPA or
                                       maintained at the site) must be
                                       accompanied by the following
                                       statement:
 
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to 18 U.S.C. 1001 and 42
                                       U.S.C. 6926), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Olin Corporation.  Charleston, TN...  Sodium chloride purification muds
                                       and potassium chloride
                                       purification muds (both
                                       classified as EPA Hazardous Waste
                                       No. K071) that have been batch
                                       tested using EPA's Toxicity
                                       Characteristic Leaching Procedure
                                       and have been found to contain
                                       less than 0.05 ppm mercury.
                                       Purification muds that have been
                                       found to contain less than 0.05
                                       ppm mercury will be disposed in
                                       Olin's on-site non-hazardous
                                       waste landfill or another
                                       Subtitle D landfill. Purification
                                       muds that exceed this level will
                                       be considered a hazardous waste.
Ormet Primary      Hannibal, OH.....  Vitrified spent potliner (VSP),
 Aluminum                              K088, that is generated by Ormet
 Corporation.                          Primary Aluminum Corporation in
                                       Hannibal (Ormet), Ohio at a
                                       maximum annual rate of 8,500
                                       cubic yards per year and disposed
                                       of in a Subtitle D landfill,
                                       licensed, permitted, or
                                       registered by a state. The
                                       exclusion becomes effective as of
                                       July 25, 2002.

[[Page 276]]

 
                                      1. Delisting Levels: (A) The
                                       constituent concentrations
                                       measured in any of the extracts
                                       specified in paragraph (2) may
                                       not exceed the following levels
                                       (mg/L): Antimony--0.235; Arsenic--
                                       0.107; Barium--63.5; Beryllium--
                                       0.474; Cadmium--0.171; Chromium
                                       (total)--1.76; Lead--5; Mercury--
                                       0.17; Nickel--32.2; Selenium--
                                       0.661; Silver--4.38; Thallium--
                                       0.1; Tin--257; Vanadium--24.1;
                                       Zinc--320; Cyanide--4.11. (B)
                                       Land disposal restrictions (LDR)
                                       treatment standards for K088 must
                                       also be met before the VSP can be
                                       land disposed. Ormet must comply
                                       with any future LDR treatment
                                       standards promulgated under 40
                                       CFR 268.40 for K088.
                                      2. Verification Testing: (A) On a
                                       quarterly basis, Ormet must
                                       collect two samples of the waste
                                       and analyze them for the
                                       constituents listed in paragraph
                                       (1) using the methodologies
                                       specified in an EPA-approved
                                       sampling plan specifying (a) the
                                       TCLP method, and (b) the TCLP
                                       procedure with an extraction
                                       fluid of 0.1 Normal sodium
                                       hydroxide solution. The
                                       constituent concentrations
                                       measured in the extract must be
                                       less than the delisting levels
                                       established in paragraph (1).
                                       Ormet must also comply with LDR
                                       treatment standards in accordance
                                       with 40 CFR 268.40. (B) If the
                                       quarterly testing of the waste
                                       does not meet the delisting
                                       levels set forth in paragraph
                                       (1), Ormet must notify the Agency
                                       in writing in accordance with
                                       paragraph (5). The exclusion will
                                       be suspended and the waste
                                       managed as hazardous until Ormet
                                       has received written approval for
                                       the exclusion from the Agency.
                                       Ormet may provide sampling
                                       results that support the
                                       continuation of the delisting
                                       exclusion.
                                      3. Changes in Operating
                                       Conditions: If Ormet
                                       significantly changes the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used, Ormet must notify
                                       the EPA of the changes in
                                       writing. Ormet must handle wastes
                                       generated after the process
                                       change as hazardous until Ormet
                                       has demonstrated that the wastes
                                       continue to meet the delisting
                                       levels set forth in paragraph (1)
                                       and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of part 261 have been
                                       introduced and Ormet has received
                                       written approval from EPA.
                                      4. Data Submittals: Ormet must
                                       submit the data obtained through
                                       quarterly verification testing or
                                       as required by other conditions
                                       of this rule to U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 by February 1
                                       of each calendar year for the
                                       prior calendar year. Ormet must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       Ormet must make these records
                                       available for inspection. All
                                       data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, Ormet possesses
                                       or is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       paragraph (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       paragraph (1), or is at a level
                                       in the groundwater higher than
                                       the point of exposure groundwater
                                       levels referenced by the model,
                                       then Ormet must report such data,
                                       in writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (5)(a) or
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the information
                                       does require Agency action, the
                                       Regional Administrator will
                                       notify Ormet in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing Ormet with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. Ormet shall
                                       have 30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 30 days Ormet
                                       presents no further information,
                                       the Regional Administrator will
                                       issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
Oxy Vinyls.......  Deer Park, Texas.  Rockbox Residue, (at a maximum
                                       generation of 1,000 cubic yards
                                       per calender year) generated by
                                       Oxy Vinyls using the wastewater
                                       treatment process to treat the
                                       Rockbox Residue (EPA Hazardous
                                       Waste No. K017, K019, and K020).
                                      Oxy Vinyls must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (ppm). The
                                       Rockbox Residue must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR
                                       261.24.
                                      (A) Rockbox Residue:
                                      (i) Inorganic Constituents:
                                       Barium--200; Chromium--5.0;
                                       Copper--130; Lead+1.5; Tin--
                                       2,100; Vanadium--30; Zinc--1,000
                                      (ii) Organic Constituents:
                                       Acetone--400; Dichloromethane--
                                       1.0; Dimethylphthalate--4,000;
                                       Xylene--10,000; 2,3,7,8-TCDD
                                       Equivalent--0.00000006

[[Page 277]]

 
                                      (2) Waste Holding and Handling:
                                       Oxy Vinyls must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous waste all Rockbox
                                       Residue generated until the
                                       verification testing described in
                                       Condition (3)(B), as appropriate,
                                       is completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Rockbox Residue do
                                       not exceed the levels set forth
                                       in Condition (1), then the waste
                                       is nonhazardous and may be
                                       managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       constituent levels in a sample
                                       exceed any of the delisting
                                       levels set in Condition 1, waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061, 1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                       If EPA judges the incineration
                                       process to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       OxyVinyls may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). OxyVinyls must continue
                                       to test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       (i) When the Rockbox unit is
                                       decommissioned for clean out,
                                       after the final exclusion is
                                       granted, Oxy Vinyls must collect
                                       and analyze composites of the
                                       Rockbox Residue. Two composites
                                       must be composed of
                                       representative grab samples
                                       collected from the Rockbox unit.
                                       The waste must be analyzed, prior
                                       to disposal, for all of the
                                       constituents listed in Condition
                                       1. No later than 90 days after
                                       the Rockbox unit is
                                       decommissioned for clean out the
                                       first two times after this
                                       exclusion becomes final, Oxy
                                       Vinyls must report the
                                       operational and analytical test
                                       data, including quality control
                                       information.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Oxy Vinyls
                                       may substitute the testing
                                       conditions in (3)(B) for
                                       (3)(A)(i). Oxy Vinyls must
                                       continue to monitor operating
                                       conditions, analyze samples
                                       representative of each cleanout
                                       of the Rockbox of operation
                                       during the first year of waste
                                       generation.
                                      (C) Termination of Organic Testing
                                       for the Rockbox Residue: Oxy
                                       Vinyls must continue testing as
                                       required under Condition (3)(B)
                                       for organic constituents
                                       specified under Condition (3)(B)
                                       for organic constituents
                                       specified in Condition (1)(A)(ii)
                                       until the analyses submitted
                                       under Condition (3)(B) show a
                                       minimum of two consecutive annual
                                       samples below the delisting
                                       levels in Condition (1)(A)(ii),
                                       Oxy Vinyls may then request that
                                       annual organic testing be
                                       terminated. Following termination
                                       of the quarterly testing, Oxy
                                       Vinyls must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Oxy Vinyls
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process), Oxy
                                       Vinyls must notify the EPA in
                                       writing and may no longer handle
                                       the wastes generated from the new
                                       process or no longer discharges
                                       as nonhazardous until the wastes
                                       meet the delisting levels set
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: The data
                                       obtained through Condition 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                       Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                       As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.

[[Page 278]]

 
                                       In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Oxy Vinyls
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Director within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1, Oxy
                                       Vinyls must report the data, in
                                       writing, to the Director within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (C) Based on the information
                                       described in paragraphs (A) or
                                       (B) and any other information
                                       received from any source, the
                                       Director will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Director determines
                                       that the reported information
                                       does require Agency action, the
                                       Director will notify the facility
                                       in writing of the actions the
                                       Director believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Director's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (D) or (if
                                       no information is presented under
                                       paragraph (D)) the initial
                                       receipt of information described
                                       in paragraphs (A) or (B), the
                                       Director will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Director provides
                                       otherwise.
                                      (7) Notification Requirements: Oxy
                                       Vinyls must provide a one-time
                                       written notification to any State
                                       Regulatory Agency to which or
                                       through which the delisted waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
OxyVinyls, L.P...  Deer Park, TX....  Incinerator Offgas Scrubber Water
                                       (EPA Hazardous Waste Nos. K017,
                                       K019 and K020) generated at a
                                       maximum annual rate of 919,990
                                       cubic yards per calendar year
                                       after April 22, 2004, and
                                       disposed in accordance with the
                                       TPDES permit. For the exclusion
                                       to be valid, OxyVinyls must
                                       implement a testing program that
                                       meets the following Paragraphs:
                                      (1) Delisting Levels: All total
                                       concentrations for those
                                       constituents must not exceed the
                                       following levels (mg/kg) in the
                                       incinerator offgas scrubber
                                       water. Incinerator offgas
                                       treatment scrubber water (i)
                                       Inorganic Constituents Antimony--
                                       0.0204; Arsenic--0.385; Barium--
                                       2.92; Beryllium--0.166; Cadmium--
                                       0.0225; Chromium--5.0; Cobalt--
                                       13.14; Copper--418.00; Lead--5.0;
                                       Nickel--1.13; Mercury--0.0111;
                                       Vanadium--0.838; Zinc--2.61 (ii)
                                       Organic Constituents Acetone--
                                       1.46; Bromoform--0.481;
                                       Bromomethane--8.2;
                                       Bromodichloromethane--0.0719;
                                       Chloroform--0.683;
                                       Dibromochloromethane--0.057;
                                       Iodomethane--0.19; Methylene
                                       Chloride--0.029; 2,3,7,8--TCDD
                                       equivalents as TEQ--0.0000926
                                      (2) Waste Management: (A)
                                       OxyVinyls must manage as
                                       hazardous all incinerator offgas
                                       treatment scrubber water
                                       generated, until it has completed
                                       initial verification testing
                                       described in Paragraphs (3)(A)
                                       and (B), as appropriate, and
                                       valid analyses show that
                                       paragraph (1) is satisfied.
                                      (B) Levels of constituents
                                       measured in the samples of the
                                       incinerator offgas treatment
                                       scrubber water that do not exceed
                                       the levels set forth in Paragraph
                                       (1) are non-hazardous. OxyVinyls
                                       can manage and dispose the non-
                                       hazardous incinerator offgas
                                       treatment scrubber water
                                       according to all applicable solid
                                       waste regulations.
                                      (C) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), OxyVinyls must collect one
                                       additional sample and perform the
                                       expedited analyses to confirm if
                                       the constituent exceeds the
                                       delisting level. If this sample
                                       confirms the exceedance,
                                       OxyVinyls must, from that point
                                       forward, treat the waste as
                                       hazardous until it is
                                       demonstrated that the waste again
                                       meets the levels set in Paragraph
                                       (1). OxyVinyls must notify EPA of
                                       the exceedance and resampling
                                       analytical results prior to
                                       disposing of the waste.
                                      (D) If the waste exceeds the
                                       levels in paragraph (1) OxyVinyls
                                       must manage and dispose of the
                                       waste generated under Subtitle C
                                       of RCRA from the time that it
                                       becomes aware of any exceedance.

[[Page 279]]

 
                                      (E) Upon completion of the
                                       Verification Testing described in
                                       Paragraphs 3(A) and (B) as
                                       appropriate and the transmittal
                                       of the results to EPA, and if the
                                       testing results meet the
                                       requirements of Paragraph (1),
                                       OxyVinyls may proceed to manage
                                       its incinerator offgas treatment
                                       scrubber water as non-hazardous
                                       waste. If subsequent verification
                                       testing indicates an exceedance
                                       of the Delisting Levels in
                                       Paragraph (1), OxyVinyls must
                                       manage the incinerator offgas
                                       treatment scrubber water as a
                                       hazardous waste until two
                                       consecutive quarterly testing
                                       samples show levels below the
                                       Delisting Levels.
                                      (3) Verification Testing
                                       Requirements: OxyVinyls must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. If EPA judges the process
                                       to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       OxyVinlys may replace the testing
                                       required in Paragraph (3)(A) with
                                       the testing required in Paragraph
                                       (3)(B). OxyVinyls must continue
                                       to test as specified in Paragraph
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Paragraph (3)(A) may be replaced
                                       by Paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, OxyVinyls must do the
                                       following: (i) Within 60 days of
                                       this exclusion becoming final,
                                       collect four samples, before
                                       disposal, of the incinerator
                                       offgas treatment scrubber water.
                                       (ii) The samples are to be
                                       analyzed and compared against the
                                       delisting levels in Paragraph (1)
                                       (iii). Within sixty (60) days
                                       after the exclusion becomes
                                       final, OxyVinyls will report
                                       initial verification analytical
                                       test data, including analytical
                                       quality control information for
                                       the first sixty (30) days of
                                       operation after this exclusion
                                       becomes final of the incinerator
                                       offgas treatment scrubber water.
                                       If levels of constituents
                                       measured in the samples of the
                                       incinerator offgas treatment
                                       scrubber water that do not exceed
                                       the levels set forth in Paragraph
                                       (1) and are also non-hazardous in
                                       two consecutive quarters after
                                       the first thirty (30) days of
                                       operation after this exclusion,
                                       OxyVinyls can manage and dispose
                                       of the incinerator offgas
                                       treatment scrubber water
                                       according to all applicable solid
                                       water regulations after reporting
                                       the analytical results to EPA.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, OxyVinyls
                                       may substitute the testing
                                       conditions in Paragraph (3)(B)
                                       for (3)(A). OxyVinyls must
                                       continue to monitor operating
                                       conditions, and analyze
                                       representative samples of each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated during the
                                       quarter. After the first year of
                                       analytical sampling verification
                                       sampling can be performed on a
                                       single annual composite sample of
                                       the incinerator offgas treatment
                                       scrubber water. The results are
                                       to be compared to the delisting
                                       levels in Condition (1).
                                      (C) Termination of Testing: (i)
                                       After the first year of quarterly
                                       testing, if the Delisting Levels
                                       in Paragraph (1) are being met,
                                       OxyVinyls may then request that
                                       EPA stop requiring quarterly
                                       testing. After EPA notifies
                                       OxyVinyls in writing, the company
                                       may end quarterly testing. (ii)
                                       Following cancellation of the
                                       quarterly testing, OxyVinyls must
                                       continue to test a representative
                                       sample for all constituents
                                       listed in Paragraph (1) annually.
                                      (4) Changes in Operating
                                       Conditions: If OxyVinyls
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could significantly affect the
                                       composition or type of waste
                                       generated as established under
                                       Paragraph (1) (by illustration,
                                       but not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing;
                                       OxyVinyls may no longer handle
                                       the wastes generated from the new
                                       process as nonhazardous until the
                                       wastes meet the delisting levels
                                       set in Paragraph (1) and it has
                                       received written approval to do
                                       so from EPA.
                                      (5) Data Submittals: OxyVinyls
                                       must submit the information
                                       described below. If OxyVinyls
                                       fails to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Paragraph 6. OxyVinyls must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to the
                                       Section Chief, EPA Region 6
                                       Corrective Action and Waste
                                       Minimization Section, 1445 Ross
                                       Avenue, Dallas, Texas 75202-2733,
                                       Mail Code, (6PD-C) within the
                                       time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Finish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.

[[Page 280]]

 
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted: Under
                                       civil and criminal penalty of law
                                       for the making or submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code, which include, but
                                       may not be limited to, 18 U.S.C.
                                       1001 and 42 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       truth and accuracy, I certify as
                                       the company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. If any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if its
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener: (A) If, anytime
                                       after disposal of the delisted
                                       waste OxyVinyls possesses or is
                                       otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified for
                                       the delisting verification
                                       testing is at a level higher than
                                       the delisting level allowed by
                                       the Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       OxyVinyls must report the data,
                                       in writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If OxyVinyls fails to submit
                                       the information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires EPA
                                       action to protect human health or
                                       the environment. Further action
                                       may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and
                                       environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require action by EPA's Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (of no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing EPA
                                       actions that are necessary to
                                       protect human health or the
                                       environment. Any require action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       OxyVinyls must do the following
                                       before transporting the delisted
                                       waste. Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Perox,             Sharon,            Iron oxide (EPA Hazardous Waste
 Incorporated.      Pennsylvania.      No. K062) generated (at a maximum
                                       annual rate of 4800 cubic yards)
                                       from a spent hydrochloric acid
                                       pickle liquor regeneration plant
                                       for spent pickle liquor generated
                                       from steel finishing operations.
                                       This exclusion was published on
                                       November 13, 1990.
Pioneer Chlor      St. Gabriel, LA..  Brine purification muds, which
 Alkai Company,                        have been washed and vacuum
 Inc. (formerly                        filtered, generated after August
 Stauffer                              27, 1985 from their chlor-alkali
 Chemical                              manufacturing operations (EPA
 Company).                             Hazardous Waste No. K071) that
                                       have been batch tested for
                                       mercury using the EP toxicity
                                       procedure and have been found to
                                       contain less than 0.05 ppm in
                                       mercury in the EP extract. Brine
                                       purification muds that exceed
                                       this level will be considered a
                                       hazardous waste.

[[Page 281]]

 
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA
                    Connecticut.       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 300 cubic yards) after
                                       December 7, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12) of this
                                       chapter, maintained on site for a
                                       minimum of five years, and made
                                       available for inspection upon
                                       request by any employee or
                                       representative of EPA or the
                                       State of Connecticut. Failure to
                                       maintain the required records on
                                       site will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA.
Rhodia...........  Houston, Texas...  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. K002-004, K006-K011,
                                       K013-K052, K060-K062, K064-K066,
                                       K069, K071, K073, K083-K088, K090-
                                       K091, K093-K118, K123-K126, K131-
                                       K133, K136, K141-K145, K147-K151,
                                       K156-K161) generated at Rhodia.
                                       Rhodia must implement the testing
                                       program described in Table 1.
                                       Waste Excluded From Non-Specific
                                       Sources for the petition to be
                                       valid.
Roanoke Electric   Roanoke, VA......  Fully-cured chemically stabilized
 Steel Corp.                           electric arc furnace dust/sludge
                                       (CSEAFD) treatment residue (EPA
                                       Hazardous Waste No. K061)
                                       generated from the primary
                                       production of steel after March
                                       22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Roanoke's full-
                                       scale CSEAFD treatment facility
                                       because Roanoke's original data
                                       were obtained from a laboratory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Roanoke must implement
                                       a testing program for the
                                       petitioned waste.
                                      This testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Roanoke must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel and cyanide
                                       (using distilled water in the
                                       cyanide extractions). Analyses
                                       must be performed using
                                       appropriate methods. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. Roanoke must report the
                                       analytical test data obtained
                                       during this initial period no
                                       later than 90 days after the
                                       treatment of the first full-scale
                                       batch.

[[Page 282]]

 
                                      (B) Subsequent Testing: Roanoke
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Roanoke then must analyze
                                       each weekly composite sample for
                                       all of the EP toxic metals and
                                       nickel. Analyses must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050,
                                       0051,0060,0061, 1010A, 1020B,
                                       1110A, 1310B, 1311, 1312, 1320,
                                       1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B. The analytical data,
                                       including all quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request and
                                       made available for inspection for
                                       any employee or representative of
                                       EPA or the State of Virginia.
                                      (2) Delistiing levels: If the EP
                                       extract concentrations for
                                       chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/l; for
                                       barium exceeds 6.3 mg/l; for
                                       cadmium or selenium exceed 0.063
                                       mg/l; for mercury exceeds 0.0126
                                       mg/l, for nickel exceeds 3.15 mg/
                                       l, or for cyanide exceeds 1.26 mg/
                                       l, the waste must either be re-
                                       treated or managed and disposed
                                       in accordance with subtitle C of
                                       RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up, Roanoke
                                       must notify the Section Chief,
                                       Variances Section (see address
                                       below) when their full-scale
                                       stabilization system in on-line
                                       and waste treatment has begun.
                                       All data obtained through the
                                       initial testing condition (1)(A),
                                       must be submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW, (OS-343), U.S. EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1)(A). Failure to
                                       submit the required data or keep
                                       the required records will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke Roanoke's exclusion. All
                                       data must be accompanied by the
                                       following certification
                                       statement: ``Under civil and
                                       criminal penalty of law for the
                                       making or submission of false or
                                       fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 USC
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations
                                       premised upon the company's
                                       reliance on the void exclusion.''
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. K009 and
                                       K010, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement a testing program
                                       that meets conditions found in
                                       Table 1. Wastes Excluded From Non-
                                       Specific Sources for the petition
                                       to be valid.
United States      Richland,          Treated effluents bearing the
 Department of      Washington.        waste numbers identified below,
 Energy (Energy).                      from the 200 Area Effluent
                                       Treatment Facility (ETF) located
                                       at the Hanford Facility, at a
                                       maximum generation rate of 210
                                       million liters per year, subject
                                       to Conditions 1-7: This
                                       conditional exclusion applies to
                                       Environmental Protection Agency
                                       (EPA) Hazardous Waste Nos. F001,
                                       F002, F003, F004, F005, and F039.
                                       This exclusion also applies to
                                       EPA Hazardous Waste Nos. F006-
                                       F012, F019 and F027 provided that
                                       the as-generated waste streams
                                       bearing these waste numbers prior
                                       to treatment in the 200 Area ETF
                                       is in the form of dilute
                                       wastewater containing a maximum
                                       of 1.0 weight percent of any
                                       hazardous constituent. In
                                       addition, this conditional
                                       exclusion applies to all other U-
                                       and P-listed waste numbers that
                                       meet the following criteria: The
                                       U/P listed substance has a
                                       treatment standard established
                                       for wastewater forms of F039
                                       multi-source leachate under 40
                                       CFR 268.40,''Treatment Standards
                                       for Hazardous Wastes''; and the
                                       as-generated waste stream prior
                                       to treatment in the 200 Area ETF
                                       is in the form of dilute
                                       wastewater containing a maximum
                                       of 1.0 weight percent of any
                                       hazardous constituent. This
                                       exclusion shall apply at the
                                       point of discharge from the 200
                                       Area ETF verification tanks after
                                       satisfaction of Conditions 1-7.
 
                                      Conditions:
 
                                      (1) Waste Influent
                                       Characterization and Processing
                                       Strategy Preparation
                                      (a) Prior to treatment of any
                                       waste stream in the 200 Area ETF,
                                       Energy must:
                                      (i) Complete sufficient
                                       characterization of the waste
                                       stream to demonstrate that the
                                       waste stream is within the
                                       treatability envelope of 200 Area
                                       ETF as specified in Tables C-1
                                       and C-2 of the delisting petition
                                       dated November 29, 2001. Results
                                       of the waste stream
                                       characterization and the
                                       treatability evaluation must be
                                       in writing and placed in the
                                       facility operating record, along
                                       with a copy of the November 29,
                                       2001 petition. Waste stream
                                       characterization may be carried
                                       out in whole or in part using the
                                       waste analysis procedures in the
                                       Hanford Facility RCRA Permit, WA7
                                       89000 8967;

[[Page 283]]

 
                                      (ii) Prepare a written waste
                                       processing strategy specific to
                                       the waste stream, based on the
                                       ETF process model documented in
                                       the November 29, 2001 petition.
                                       For waste processing strategies
                                       applicable to waste streams for
                                       which inorganic envelope data is
                                       provided in Table C-2 of the
                                       November 29, 2001 petition,
                                       Energy shall use envelope data
                                       specific to that waste stream, if
                                       available. Otherwise, Energy
                                       shall use the minimum envelope in
                                       Table C-2.
                                      (b) Energy may modify the 200 Area
                                       ETF treatability envelope
                                       specified in Tables C-1 and C-2
                                       of the November 29, 2001
                                       delisting petition to reflect
                                       changes in treatment technology
                                       or operating practices upon
                                       written approval of the Regional
                                       Administrator. Requests for
                                       modification shall be accompanied
                                       by an engineering report
                                       detailing the basis for a
                                       modified treatment envelope. Data
                                       supporting modified envelopes
                                       must be based on at least four
                                       influent waste stream
                                       characterization data points and
                                       corresponding treated effluent
                                       verification sample data points
                                       for wastes managed under a
                                       particular waste processing
                                       strategy. Treatment efficiencies
                                       must be calculated based on a
                                       comparison of upper 95 percent
                                       confidence level constituent
                                       concentrations. Upon written EPA
                                       approval of the engineering
                                       report, the associated inorganic
                                       treatment efficiency data may be
                                       used in lieu of those in Tables C-
                                       1 and C-2 for purposes of
                                       condition (1)(a)(i).
                                      (c) Energy shall conduct all 200
                                       Area ETF treatment operations for
                                       a particular waste stream
                                       according to the written waste
                                       processing strategy, as may be
                                       modified by Condition 3(b)(i).
                                      (d) The following definitions
                                       apply:
                                      (i) A waste stream is defined as
                                       all wastewater received by the
                                       200 Area ETF that meet the 200
                                       Area ETF waste acceptance
                                       criteria as defined by the
                                       Hanford Facility RCRA Permit, WA7
                                       89000 8967 and are managed under
                                       the same 200 Area ETF waste
                                       processing strategy.
                                      (ii) A waste processing strategy
                                       is defined as a specific 200 Area
                                       ETF unit operation configuration,
                                       primary operating parameters and
                                       expected maximum influent total
                                       dissolved solids (TDS) and total
                                       organic carbon (TOC). Each waste
                                       processing strategy shall require
                                       monitoring and recording of
                                       treated effluent conductivity for
                                       purposes of Condition
                                       (2)(b)(i)(E), and for monitoring
                                       and recording of primary
                                       operating parameters as necessary
                                       to demonstrate that 200 Area ETF
                                       operations are in accordance with
                                       the associated waste processing
                                       strategy.
                                      (iii) Primary operating parameters
                                       are defined as ultraviolet
                                       oxidation (UV/OX) peroxide
                                       addition rate, reverse osmosis
                                       reject ratio, and processing flow
                                       rate as measured at the 200 Area
                                       ETF surge tank outlet.
                                      (iv) Key unit operations are
                                       defined as filtration, UV/OX,
                                       reverse osmosis, ion exchange,
                                       and secondary waste treatment.
                                      (2) Testing. Energy shall perform
                                       verification testing of treated
                                       effluents according to Conditions
                                       (a), (b), and (c) below.
                                      (a) No later than 45 days after
                                       the effective date of this rule,
                                       or such other time as may be
                                       approved of in advance and in
                                       writing by EPA, Energy shall
                                       submit to EPA a report proposing
                                       required data quality parameters
                                       and data acceptance criteria
                                       (parameter values) for sampling
                                       and analysis which may be
                                       conducted pursuant to the
                                       requirements of this rule. This
                                       report shall explicitly consider
                                       verification sampling and
                                       analysis for purposes of
                                       demonstrating compliance with
                                       exclusion limits in Condition 5,
                                       as well as any sampling and
                                       analysis which may be required
                                       pursuant to Conditions (1)(a)(i)
                                       and (1)(d)(ii). This report shall
                                       contain a detailed justification
                                       for the proposed data quality
                                       parameters and data acceptance
                                       criteria. Following review and
                                       approval of this report, the
                                       proposed data quality parameters
                                       and data acceptance criteria
                                       shall become enforceable
                                       conditions of this exclusion.
                                       Pending EPA approval of this
                                       report, Energy may demonstrate
                                       compliance with sampling and
                                       analysis requirements of this
                                       rule through application of
                                       methods appearing in EPA
                                       Publication SW-846 or equivalent
                                       methods. Energy shall maintain a
                                       written sampling and analysis
                                       plan, including QA/QC
                                       requirements and procedures,
                                       based upon these enforceable data
                                       quality parameters and data
                                       acceptance criteria in the
                                       facility operating record, and
                                       shall conduct all sampling and
                                       analysis conducted pursuant to
                                       this rule according to this
                                       written plan. Records of all
                                       sampling and analysis, including
                                       quality assurance QA/QC
                                       information, shall be placed in
                                       the facility operating record. As
                                       applicable to the method-defined
                                       parameters of concern, analyses
                                       requiring the use of SW-846
                                       methods incorporated by reference
                                       in 40 CFR 260.11 must be used
                                       without substitution. As
                                       applicable, the SW-846 methods
                                       might include Methods 0010, 0011,
                                       0020, 0023A, 0030, 0031, 0040,
                                       0050, 0051, 0060, 0061, 1010A,
                                       1020B, 1110A, 1310B, 1311, 1312,
                                       1320, 1330A, 9010C, 9012B, 9040C,
                                       9045D, 9060A, 9070A (uses EPA
                                       Method 1664, Rev. A), 9071B, and
                                       9095B.
                                      (b) Initial verification testing.
                                      (i) Verification sampling shall
                                       consist of a representative
                                       sample of one filled effluent
                                       discharge tank, analyzed for all
                                       constituents in Condition (5),
                                       and for conductivity for purposes
                                       of establishing a conductivity
                                       baseline with respect to
                                       Condition (2)(b)(i)(E).
                                       Verification sampling shall be
                                       required under each of the
                                       following conditions:
                                      (A) Any new or modified waste
                                       strategy;
                                      (B) Influent wastewater total
                                       dissolved solids or total organic
                                       carbon concentration increases by
                                       an order of magnitude or more
                                       above values established in the
                                       waste processing strategy;

[[Page 284]]

 
                                      (C) Changes in primary operating
                                       parameters;
                                      (D) Changes in influent flow rate
                                       outside a range of 150 to 570
                                       liters per minute;
                                      (E) Increase greater than a factor
                                       of ten (10) in treated effluent
                                       conductivity (conductivity
                                       changes indicate changes in
                                       dissolved ionic constituents,
                                       which in turn are a good
                                       indicator of 200 Area ETF
                                       treatment efficiency).
                                      (F) Any failure of initial
                                       verification required by this
                                       condition, or subsequent
                                       verification required by
                                       Condition (2)(c).
                                      (ii) Treated effluents shall be
                                       managed according to Condition 3.
                                       Once Condition (3)(a) is
                                       satisfied, subsequent
                                       verification testing shall be
                                       performed according to Condition
                                       (2)(c).
                                      (c) Subsequent Verification:
                                       Following successful initial
                                       verification associated with a
                                       specific waste processing
                                       strategy, Energy must continue to
                                       monitor primary operating
                                       parameters, and collect and
                                       analyze representative samples
                                       from every fifteenth (15th)
                                       verification tank filled with 200
                                       Area ETF effluents processed
                                       according to the associated waste
                                       processing strategy. These
                                       representative samples must be
                                       analyzed prior to disposal of 200
                                       Area ETF effluents for all
                                       constituents in Condition (5).
                                       Treated effluent from tanks
                                       sampled according to this
                                       condition must be managed
                                       according to Condition (3).
                                      (3) Waste Holding and Handling:
                                       Energy must store as hazardous
                                       waste all 200 Area ETF effluents
                                       subject to verification testing
                                       in Condition (2)(b) and (2)(c),
                                       that is, until valid analyses
                                       demonstrate Condition (5) is
                                       satisfied.
                                      (a) If the levels of hazardous
                                       constituents in the samples of
                                       200 Area ETF effluent are equal
                                       to or below the levels set forth
                                       in Condition (5), the 200 Area
                                       ETF effluents are not listed as
                                       hazardous wastes provided they
                                       are disposed of in the State
                                       Authorized Land Disposal Site
                                       (SALDS) (except as provided
                                       pursuant to Condition (7))
                                       according to applicable
                                       requirements and permits.
                                       Subsequent treated effluent
                                       batches shall be subject to
                                       verification requirements of
                                       Condition (2)(c).
                                      (b) If hazardous constituent
                                       levels in any representative
                                       sample collected from a
                                       verification tank exceed any of
                                       the delisting levels set in
                                       Condition (5), Energy must:
                                      (i) Review waste characterization
                                       data, and review and change
                                       accordingly the waste processing
                                       strategy as necessary to ensure
                                       subsequent batches of treated
                                       effluent do not exceed delisting
                                       criteria;
                                      (ii) Retreat the contents of the
                                       failing verification tank;
                                      (iii) Perform verification testing
                                       on the retreated effluent. If
                                       constituent concentrations are at
                                       or below delisting levels in
                                       Condition (5), the treated
                                       effluent are not listed hazardous
                                       waste provided they are disposed
                                       at SALDS according to applicable
                                       requirements and permits (except
                                       as provided pursuant to Condition
                                       (7)), otherwise repeat the
                                       requirements of Condition (3)(b).
                                      (iv) Perform initial verification
                                       sampling according to Condition
                                       (2)(b) on the next treated
                                       effluent tank once testing
                                       required by Condition (3)(b)(iii)
                                       demonstrates compliance with
                                       delisting requirements.
                                      (4) Re-opener Language
                                      (a) If, anytime before, during, or
                                       after treatment of waste in the
                                       200 Area ETF, Energy possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to groundwater monitoring data,
                                       as well as data concerning the
                                       accuracy of site conditions or
                                       the validity of assumptions upon
                                       which the November 29, 2001
                                       petition was based) relevant to
                                       the delisted waste indicating
                                       that the treated effluent no
                                       longer meets delisting criteria
                                       (excluding record keeping and
                                       data submissions required by
                                       Condition (6)), or that
                                       groundwater affected by discharge
                                       of the treated effluent exhibits
                                       hazardous constituent
                                       concentrations above health-based
                                       limits, Energy must report such
                                       data, in writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Energy shall provide written
                                       notification to the Regional
                                       Administrator no less than 180
                                       days prior to any planned or
                                       proposed substantial
                                       modifications to the 200 Area
                                       ETF, exclusive of routine
                                       maintenance activities, that
                                       could affect waste processing
                                       strategies or primary operating
                                       parameters. This condition shall
                                       specifically include, but not be
                                       limited to, changes that do or
                                       would require Class II or III
                                       modification to the Hanford
                                       Facility RCRA Permit WA7 89000
                                       8967 (in the case of permittee-
                                       initiated modifications) or
                                       equivalent modifications in the
                                       case of agency-initiated permit
                                       modifications operations. Energy
                                       may request a modification to the
                                       180-day notification requirement
                                       of this condition in the instance
                                       of agency-initiated permit
                                       modifications for purposes of
                                       ensuring coordination with
                                       permitting activities.
                                      (c) Based on the information
                                       described in paragraph (4)(a) or
                                       (4)(b) or any other relevant
                                       information received from any
                                       source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action could include
                                       suspending or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (5) Delisting Levels: All total
                                       constituent concentrations in
                                       treated effluents managed under
                                       this exclusion must be equal to
                                       or less than the following
                                       levels, expressed as mg/L:
 
                                      Inorganic Constituents
 
                                      Ammonia--6.0
                                      Barium--1.6
                                      Beryllium--4.5 x 10-2

[[Page 285]]

 
                                      Nickel--4.5 x 10-1
                                      Silver--1.1 x 10-1
                                      Vanadium--1.6 x 10-1
                                      Zinc--6.8
                                      Arsenic--1.5 x 10-2
                                      Cadmium--1.1 x 10-2
                                      Chromium--6.8 x 10-2
                                      Lead--9.0 x 10-2
                                      Mercury--6.8 x 10-3
                                      Selenium--1.1 x 10-1
                                      Fluoride--1.2
                                      Cyanides--4.8 x 10-1
 
                                      Organic Constituents:
 
                                      Cresol--1.2
                                      2,4,6 Trichlorophenol--3.6 x 10-1
                                      Benzene--6.0 x 10-2
                                      Chrysene--5.6 x 10-1
                                      Hexachlorobenzne--2.0 x 10-3
                                      Hexachlorocyclopentadiene--1.8 x
                                       10-1
                                      Dichloroisopropyl ether
                                      [Bis(2-Chloroisopropyl) either]--
                                       6.0 x 10-2
                                      Di-n-octylphthalate--4.8 x 10-1
                                      1-Butanol--2.4
                                      Isophorone--4.2
                                      Diphenylamine--5.6 x 10-1
                                      p-Chloroaniline--1.2 x 10-1
                                      Acetonitrile--1.2
                                      Carbazole--1.8 x 10-1
                                      N-Nitrosodimethylamine--2.0 x 10-2
                                      Pyridine--2.4 x 10-2
                                      Lindane [gamma-BHC]--3.0 x 10-3
                                      Arochlor [total of Arochlors 1016,
                                       1221, 1232, 1242, 1248, 1254,
                                       1260]--5.0 x 10-4
                                      Carbon tetrachloride--1.8 x 10-2
                                      Tetrahydrofuran--5.6 x 10-1
                                      Acetone--2.4
                                      Carbon disulfide--2.3
                                      Tributyl phosphate--1.2 x 10-1
                                      (6) Recordkeeping and Data
                                       Submittals.
                                      (a) Energy shall maintain records
                                       of all waste characterization,
                                       and waste processing strategies
                                       required by Condition (1), and
                                       verification sampling data,
                                       including QA/QC results, in the
                                       facility operating record for a
                                       period of no less than three (3)
                                       years. However, this period is
                                       automatically extended during the
                                       course of any unresolved
                                       enforcement action regarding the
                                       200 Area ETF or as requested by
                                       EPA.
                                      (b) No less than thirty (30) days
                                       after receipt of verification
                                       data indicating a failure to meet
                                       delisting criteria of Condition
                                       (5), Energy shall notify the
                                       Regional Administrator. This
                                       notification shall include a
                                       summary of waste characterization
                                       data for the associated influent,
                                       verification data, and any
                                       corrective actions taken
                                       according to Condition (3)(b)(i).
                                      (c) Records required by Condition
                                       (6)(a) must be furnished on
                                       request by EPA or the State of
                                       Washington and made available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the following certification
                                       statement to attest to the truth
                                       and accuracy of the data
                                       submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928). I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate, and complete.
                                      As to the (those) identified
                                       section(s) of the document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the official having
                                       supervisory responsibility of the
                                       persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate,
                                       and complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate, or incomplete,
                                       and upon conveyance of this fact
                                       to Energy, I recognize and agree
                                       that this exclusion of waste will
                                       be void as if it never had effect
                                       to the extent directed by EPA and
                                       that the Energy will be liable
                                       for Energy's reliance on the void
                                       exclusion.''

[[Page 286]]

 
                                      (7) Treated Effluent Disposal
                                       Requirements. Energy may at any
                                       time propose alternate reuse
                                       practices for treated effluent
                                       managed under terms of this
                                       exclusion in lieu of disposal at
                                       the SALDS. Such proposals must be
                                       in writing to the Regional
                                       Administrator, and demonstrate
                                       that the risks and potential
                                       human health or environmental
                                       exposures from alternate treated
                                       effluent disposal or reuse
                                       practices do not warrant
                                       retaining the waste as a
                                       hazardous waste. Upon written
                                       approval by EPA of such a
                                       proposal, non-hazardous treated
                                       effluents may be managed
                                       according to the proposed
                                       alternate practices in lieu of
                                       the SALDS disposal requirement in
                                       paragraph (3)(a). The effect of
                                       such approved proposals shall be
                                       explicitly limited to approving
                                       alternate disposal practices in
                                       lieu of the requirements in
                                       paragraph (3)(a) to dispose of
                                       treated effluent in SALDS.
USX Steel          Chicago, Illinois  Fully-cured chemically stabilized
 Corporation, USS                      electric arc furnace dust/sludge
 Division,                             (CSEAFD) treatment residue (EPA
 Southworks                            Hazardous Waste No. K061)
 Plant, Gary                           generated from the primary
 Works.                                production of steel after April
                                       29, 1991. This exclusion (for
                                       35,000 tons of CSEAFD per year)
                                       is conditioned upon the data
                                       obtained from USX's full-scale
                                       CSEAFD treatment facility. To
                                       ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, USX must implement a
                                       testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Testing: Sample collection and
                                       analyses (including quality
                                       control (QC) procedures) must be
                                       performed using appropriate
                                       methods. As applicable to the
                                       method-defined parameters of
                                       concern, analyses requiring the
                                       use of SW-846 methods
                                       incorporated by reference in 40
                                       CFR 260.11 must be used without
                                       substitution. As applicable, the
                                       SW-846 methods might include
                                       Methods 0010, 0011, 0020, 0023A,
                                       0030, 0031, 0040, 0050, 0051,
                                       0060, 0061,1010A, 1020B, 1110A,
                                       1310B, 1311, 1312, 1320, 1330A,
                                       9010C, 9012B, 9040C, 9045D,
                                       9060A, 9070A (uses EPA Method
                                       1664, Rev. A), 9071B, and 9095B.
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       USX must collect representative
                                       grab samples of each treated
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,
                                       must be analyzed for the EP
                                       leachate concentrations of all
                                       the EP toxic metals, nickel, and
                                       cyanide (using distilled water in
                                       the cyanide extractions). USX
                                       must report the analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after the treatment of the
                                       first full-scale batch.
                                      (B) Subsequent Testing: USX must
                                       collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. USX then must analyze
                                       each weekly composite sample for
                                       all of the EP toxic metals, and
                                       nickel. The analytical data,
                                       including quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request and
                                       made available for inspection by
                                       any employee or representative of
                                       EPA or the State of Illinois.
                                      (2) Delisting levels: If the EP
                                       extract concentrations for
                                       chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/l; for
                                       barium exceeds 6.3 mg/l; for
                                       cadmium or selenium exceed 0.063
                                       mg/l; for mercury exceeds 0.0126
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 4.42 mg/
                                       l, the waste must either be re-
                                       treated until it meets these
                                       levels or managed and disposed in
                                       accordance with subtitle C of
                                       RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up USX must
                                       notify the Section Chief,
                                       Delisting Section (see address
                                       below) when their full-scale
                                       stabilization system is on-line
                                       and waste treatment has begun.
                                       The data obtained through
                                       condition (1)(A) must be
                                       submitted to the Section Chief,
                                       Delisting Section, CAD/OSW (OS-
                                       333), U.S. EPA, 1200 Pennsylvania
                                       Ave., NW., Washington, DC 20460
                                       within the time period specified.
                                       At the Section Chief's request,
                                       USX must submit any other
                                       analytical data obtained through
                                       conditions (1)(A) or (1)(B)
                                       within the time period specified
                                       by the Section Chief. Failure to
                                       submit the required data obtained
                                       from conditions (1)(A) or (1)(B)
                                       within the specified time period
                                       or maintain the required records
                                       for the specified time will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke USX's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement: ``Under civil and
                                       criminal penalty of law for the
                                       making or submission of false or
                                       fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 U.S.C.
                                       Sec.  6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations prem
                                       ised upon the company's reliance
                                       on the void exclusion.''
------------------------------------------------------------------------


[[Page 287]]


    Table 3--Wastes Excluded From Commercial Chemical Products, Off-
  Specification Species, Container Residues, and Soil Residues Thereof
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
Eastman Chemical   Longview, Texas..  Wastewater treatment sludge, (at a
 Company.                              maximum generation of 82,100
                                       cubic yards per calendar year)
                                       generated by Eastman (EPA
                                       Hazardous Waste Nos. U001, U002,
                                       U028, U031, U069, U088, U112,
                                       U115, U117, U122, U140, U147,
                                       U154, U159, U161, U220, U226,
                                       U239, U359). Eastman must
                                       implement the testing program
                                       described in Table 1. Waste
                                       Excluded From Non-Specific
                                       Sources for the petition to be
                                       valid.
Rhodia...........  Houston, Texas...  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. P001-P024, P026-P031,
                                       P033-P034, P036-P051, P054, P056-
                                       P060, P062-P078, P081-P082, P084-
                                       P085, P087-P089, P092-P116, P118-
                                       P123, P127-P128, P185, P188-P192,
                                       P194, P196-P199, P201-P205, U001-
                                       U012, U014-U039, U041-U053, U055-
                                       U064, U066-U099, U101-U103, U105-
                                       U138, U140-U174, U176-U194, U196-
                                       U197, U200-U211, U213-U223, U225-
                                       U228, U234-U240, U243-U244, U246-
                                       U249, U271, U277-U280, U328,
                                       U353, U359, U364-U367, U372-U373,
                                       U375-U379, U381-U396, U400-U404,
                                       U407, U409-U411) generated at
                                       Rhodia. Rhodia must implement the
                                       testing program described in
                                       Table 1. Waste Excluded From Non-
                                       Specific Sources for the petition
                                       to be valid.
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. U001,
                                       U002, U003, U019, U028, U031,
                                       U037, U044, U056, U069, U070,
                                       U107, U108, U112, U113, U115,
                                       U117, U122, U140, U147, U151,
                                       U154, U159, U161, U169, U190,
                                       U196, U211, U213, U226, U239, and
                                       U359, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement the testing
                                       program described in Table 1.
                                       Wastes Excluded From Non-Specific
                                       Sources for the petition to be
                                       valid.
Union Carbide      Taft, LA.........  Contaminated soil (approximately
 Corp.                                 11,000 cubic yards), which
                                       contains acrolein in
                                       concentrations of less than 9
                                       ppm.
------------------------------------------------------------------------


[49 FR 37070, Sept. 21, 1984]

    Editorial Note: For Federal Register citations affecting appendix IX 
of part 261, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of 

Contents




                            Subpart A_General

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

                         Subpart B_The Manifest

262.20 General requirements.
262.21 Manifest tracking numbers, manifest printing, and obtaining 
          manifests.
262.22 Number of copies.
262.23 Use of the manifest.
262.27 Waste minimization certification.

                  Subpart C_Pre-Transport Requirements

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

                  Subpart D_Recordkeeping and Reporting

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

                  Subpart E_Exports of Hazardous Waste

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

                  Subpart F_Imports of Hazardous Waste

262.60 Imports of hazardous waste.

                            Subpart G_Farmers

262.70 Farmers.

Subpart H_Transfrontier shipments of hazardous waste for recovery within 
                                the OECD

262.80 Applicability.

[[Page 288]]

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

                Subpart I_New York State Public Utilities

262.90 Project XL for Public Utilities in New York State.

 Subpart J_University Laboratories XL Project_Laboratory Environmental 
                           Management Standard

262.100 To what organizations does this subpart apply?
262.101 What is in this subpart?
262.102 What special definitions are included in this subpart?
262.103 What is the scope of the laboratory environmental management 
          standard?
262.104 What are the minimum performance criteria?
262.105 What must be included in the laboratory environmental management 
          plan?
262.106 When must a hazardous waste determination be made?
262.107 Under what circumstances will a university's participation in 
          this environmental management standard pilot be terminated?
262.108 When will this subpart expire?

Subpart K_Alternative Requirements for Hazardous Waste Determination and 
  Accumulation of Unwanted Material for Laboratories Owned by Eligible 
                            Academic Entities

262.200 Definitions for this subpart.
262.201 Applicability of this subpart.
262.202 This subpart is optional.
262.203 How an eligible academic entity indicates it will be subject to 
          the requirements of this subpart.
262.204 How an eligible academic entity indicates it will withdraw from 
          the requirements of this subpart.
262.205 Summary of the requirements of this subpart.
262.206 Labeling and management standards for containers of unwanted 
          material in the laboratory.
262.207 Training.
262.208 Removing containers of unwanted material from the laboratory.
262.209 Where and when to make the hazardous waste determination and 
          where to send containers of unwanted material upon removal 
          from the laboratory.
262.210 Making the hazardous waste determination in the laboratory 
          before the unwanted material is removed from the laboratory.
262.211 Making the hazardous waste determination at an on-site central 
          accumulation area.
262.212 Making the hazardous waste determination at an on-site interim 
          status or permitted treatment, storage or disposal facility.
262.213 Laboratory clean-outs.
262.214 Laboratory management plan.
262.215 Unwanted material that is not solid or hazardous waste.
262.216 Non-laboratory hazardous waste generated at an eligible academic 
          entity.

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

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

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



                            Subpart A_General



Sec. 262.10  Purpose, scope, and applicability.

    (a) These regulations establish standards for generators of 
hazardous waste.
    (b) 40 CFR 261.5(c) and (d) must be used to determine the 
applicability of provisions of this part that are dependent on 
calculations of the quantity of hazardous waste generated per month.
    (c) A generator who treats, stores, or disposes of hazardous waste 
on-site must only comply with the following sections of this part with 
respect to that waste: Section 262.11 for determining whether or not he 
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification 
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 
(c) and (d) for recordkeeping, Sec. 262.43 for additional reporting, 
and if applicable, Sec. 262.70 for farmers.
    (d) Any person who exports or imports hazardous waste subject to the 
Federal manifesting requirements of part 262, or subject to the 
universal waste management standards of 40 CFR Part 273, or subject to 
State requirements analogous to 40 CFR Part 273, to or from the 
countries listed in Sec. 262.58(a)(1) for recovery must comply with 
subpart H of this part.
    (e) Any person who imports hazardous waste into the United States

[[Page 289]]

must comply with the standards applicable to generators established in 
this part.
    (f) A farmer who generates waste pesticides which are hazardous 
waste and who complies with all of the requirements of Sec. 262.70 is 
not required to comply with other standards in this part or 40 CFR parts 
270, 264, 265, or 268 with respect to such pesticides.
    (g) A person who generates a hazardous waste as defined by 40 CFR 
part 261 is subject to the compliance requirements and penalties 
prescribed in section 3008 of the Act if he does not comply with the 
requirements of this part.
    (h) An owner or operator who initiates a shipment of hazardous waste 
from a treatment, storage, or disposal facility must comply with the 
generator standards established in this part.
    (i) Persons responding to an explosives or munitions emergency in 
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) 
or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with 
the standards of this part.
    (j) (1) Universities that are participating in the Laboratory XL 
project are the University of Massachusetts Boston in Boston, 
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the 
University of Vermont in Burlington, Vermont (``Universities''). The 
Universities generate laboratory wastes (as defined in Sec. 262.102), 
some of which will be hazardous wastes. As long as the Universities 
comply with all the requirements of subpart J of this part the 
Universities' laboratories that are participating in the University 
Laboratories XL Project as identified in Table 1 of this section, are 
not subject to the provisions of Sec. Sec. 262.11, 262.34(c), 40 CFR 
Parts 264 and 265, and the permit requirements of 40 CFR Part 270 with 
respect to said laboratory wastes.

                             Table 1--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
                                         Approx.
              Institution               number of     Departments participating    Location of current hazardous
                                           labs                                       waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA.....        120  Chemistry, Biology, Geology,    Merkert Chemistry Building,
                                                    Physics, Psychology.            2609 Beacon St., Boston, MA,
                                                                                    Higgins Building, 140
                                                                                    Commonwealth Ave., Chestnut
                                                                                    Hill, MA.
University of Massachusetts Boston,           150  Chemistry, Biology,             Science Building (Bldg.
 Boston, MA.                                        Psychology, Anthropology,       080); McCormack
                                                    Geology and Earth Sciences,     Building (Bldg. 020); and Wheatley
                                                    and Ocean Sciences.             Building (Bldg. 010), 100 Morrissey Blvd.,
                                                                                    Boston, MA.
University of Vermont, Burlington, VT.        400  Colleges of: Agriculture and    Given Bunker, 89 Beaumont
                                                    Life Sciences, Arts and         Ave., Burlington, VT.
                                                    Sciences, Medicine, and
                                                    Engineering and Mathematics;
                                                    and Schools of: Nursing,
                                                    Allied Heath Sciences, and
                                                    Natural Resources.
----------------------------------------------------------------------------------------------------------------

    (2) Each University shall have the right to change its respective 
departments or the on-site location of its hazardous waste accumulation 
areas listed in Table 1 of this section upon written notice to the 
Regional Administrator for EPA-Region I and the appropriate state 
agency. Such written notice will be provided at least ten days prior to 
the effective date of any such changes.

    (k) Generators in the Commonwealth of Massachusetts may comply with 
the State regulations regarding Class A recyclable materials in 310 
C.M.R. 30.200, when authorized by the EPA under 40 CFR part 271, with 
respect to those recyclable materials and matters covered by the 
authorization, instead of complying with the hazardous waste 
accumulation requirements of Sec. 262.34, the reporting requirements of 
Sec. 262.41, the storage facility operator requirements of 40 CFR parts 
264 and 265 and the permitting requirements of 40 CFR part 270. Such 
generators must also comply with any other applicable requirements, 
including any applicable authorized State regulations governing 
hazardous wastes not being recycled

[[Page 290]]

and any applicable Federal requirements which are being directly 
implemented by the EPA within Massachusetts pursuant to the Hazardous 
and Solid Waste Amendments of 1984.
    (l) The laboratories owned by an eligible academic entity that 
chooses to be subject to the requirements of Subpart K of this part are 
not subject to (for purposes of this paragraph, the terms ``laboratory'' 
and ``eligible academic entity'' shall have the meaning as defined in 
Sec. 262.200 of Subpart K of this part).:
    (1) The requirements of Sec. 262.11 or Sec. 262.34(c), for large 
quantity generators and small quantity generators, except as provided in 
Subpart K, and
    (2) The conditions of Sec. 261.5(b), for conditionally exempt small 
quantity generators, except as provided in Subpart K.
    Note 1: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous waste by generators. Therefore, the provisions 
of Sec. 262.34 only apply to owners or operators who are shipping 
hazardous waste which they generated at that facility.
    Note 2: A generator who treats, stores, or disposes of hazardous 
waste on-site must comply with the applicable standards and permit 
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19, 
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, 
Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999; 
69 FR 11813, Mar. 12, 2004; 73 FR 72954, Dec. 1, 2008]



Sec. 262.11  Hazardous waste determination.

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

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

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

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



Sec. 262.12  EPA identification numbers.

    (a) A generator must not treat, store, dispose of, transport, or 
offer for transportation, hazardous waste without having received an EPA 
identification number from the Administrator.
    (b) A generator who has not received an EPA identification number 
may obtain one by applying to the Administrator using EPA form 8700-12. 
Upon receiving the request the Administrator will assign an EPA 
identification number to the generator.
    (c) A generator must not offer his hazardous waste to transporters 
or to treatment, storage, or disposal facilities that have not received 
an EPA identification number.



                         Subpart B_The Manifest



Sec. 262.20  General requirements.

    (a)(1) A generator who transports, or offers for transport a 
hazardous waste for offsite treatment, storage, or disposal, or a 
treatment, storage, and disposal facility who offers for transport a 
rejected hazardous waste load, must prepare a Manifest (OMB Control 
number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-
22A, according to the instructions included in the appendix to this 
part.

[[Page 291]]

    (2) The revised manifest form and procedures in 40 CFR 260.10, 
261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, 262.60, and the 
appendix to part 262, shall not apply until September 5, 2006. The 
manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 
262.32, 262.34, 262.54, 262.60, and the Appendix to part 262, contained 
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, 
shall be applicable until September 5, 2006.
    (b) A generator must designate on the manifest one facility which is 
permitted to handle the waste described on the manifest.
    (c) A generator may also designate on the manifest one alternate 
facility which is permitted to handle his waste in the event an 
emergency prevents delivery of the waste to the primary designated 
facility.
    (d) If the transporter is unable to deliver the hazardous waste to 
the designated facility or the alternate facility, the generator must 
either designate another facility or instruct the transporter to return 
the waste.
    (e) The requirements of this subpart do not apply to hazardous waste 
produced by generators of greater than 100 kg but less than 1000 kg in a 
calendar month where:
    (1) The waste is reclaimed under a contractual agreement pursuant to 
which:
    (i) The type of waste and frequency of shipments are specified in 
the agreement;
    (ii) The vehicle used to transport the waste to the recycling 
facility and to deliver regenerated material back to the generator is 
owned and operated by the reclaimer of the waste; and
    (2) The generator maintains a copy of the reclamation agreement in 
his files for a period of at least three years after termination or 
expiration of the agreement.
    (f) The requirements of this subpart and Sec. 262.32(b) do not 
apply to the transport of hazardous wastes on a public or private right-
of-way within or along the border of contiguous property under the 
control of the same person, even if such contiguous property is divided 
by a public or private right-of-way. Notwithstanding 40 CFR 263.10(a), 
the generator or transporter must comply with the requirements for 
transporters set forth in 40 CFR 263.30 and 263.31 in the event of a 
discharge of hazardous waste on a public or private right-of-way.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12, 
1997; 70 FR 10815, Mar. 4, 2005; 70 FR 35037, June 16, 2005]



Sec. 262.21  Manifest tracking numbers, manifest printing, and obtaining 

manifests.

    (a)(1) A registrant may not print, or have printed, the manifest for 
use of distribution unless it has received approval from the EPA 
Director of the Office of Resource Conservation and Recovery to do so 
under paragraphs (c) and (e) of this section.
    (2) The approved registrant is responsible for ensuring that the 
organizations identified in its application are in compliance with the 
procedures of its approved application and the requirements of this 
section. The registrant is responsible for assigning manifest tracking 
numbers to its manifests.
    (b) A registrant must submit an initial application to the EPA 
Director of the Office of Resource Conservation and Recovery that 
contains the following information:
    (1) Name and mailing address of registrant;
    (2) Name, telephone number and email address of contact person;
    (3) Brief description of registrant's government or business 
activity;
    (4) EPA identification number of the registrant, if applicable;
    (5) Description of the scope of the operations that the registrant 
plans to undertake in printing, distributing, and using its manifests, 
including:
    (i) A description of the printing operation. The description should 
include an explanation of whether the registrant intends to print its 
manifests in-house (i.e., using its own printing establishments) or 
through a separate (i.e., unaffiliated) printing company. If the 
registrant intends to use a separate printing company to print the 
manifest on its behalf, the application must identify this printing 
company and discuss how the registrant will oversee the company. If this 
includes the use of

[[Page 292]]

intermediaries (e.g., prime and subcontractor relationships), the role 
of each must be discussed. The application must provide the name and 
mailing address of each company. It also must provide the name and 
telephone number of the contact person at each company.
    (ii) A description of how the registrant will ensure that its 
organization and unaffiliated companies, if any, comply with the 
requirements of this section. The application must discuss how the 
registrant will ensure that a unique manifest tracking number will be 
pre-printed on each manifest. The application must describe the internal 
control procedures to be followed by the registrant and unaffiliated 
companies to ensure that numbers are tightly controlled and remain 
unique. In particular, the application must describe how the registrant 
will assign manifest tracking numbers to its manifests. If computer 
systems or other infrastructure will be used to maintain, track, or 
assign numbers, these should be indicated. The application must also 
indicate how the printer will pre-print a unique number on each form 
(e.g., crash or press numbering). The application also must explain the 
other quality procedures to be followed by each establishment and 
printing company to ensure that all required print specifications are 
consistently achieved and that printing violations are identified and 
corrected at the earliest practicable time.
    (iii) An indication of whether the registrant intends to use the 
manifests for its own business operations or to distribute the manifests 
to a separate company or to the general public (e.g., for purchase).
    (6) A brief description of the qualifications of the company that 
will print the manifest. The registrant may use readily available 
information to do so (e.g., corporate brochures, product samples, 
customer references, documentation of ISO certification), so long as 
such information pertains to the establishments or company being 
proposed to print the manifest.
    (7) Proposed unique three-letter manifest tracking number suffix. If 
the registrant is approved to print the manifest, the registrant must 
use this suffix to pre-print a unique manifest tracking number on each 
manifest.
    (8) A signed certification by a duly authorized employee of the 
registrant that the organizations and companies in its application will 
comply with the procedures of its approved application and the 
requirements of this section and that it will notify the EPA Director of 
the Office of Resource Conservation and Recovery of any duplicated 
manifest tracking numbers on manifests that have been used or 
distributed to other parties as soon as this becomes known.
    (c) EPA will review the application submitted under paragraph (b) of 
this section and either approve it or request additional information or 
modification before approving it.
    (d)(1) Upon EPA approval of the application under paragraph (c) of 
this section, EPA will provide the registrant an electronic file of the 
manifest, continuation sheet, and manifest instructions and ask the 
registrant to submit three fully assembled manifests and continuation 
sheet samples, except as noted in paragraph (d)(3) of this section. The 
registrant's samples must meet all of the specifications in paragraph 
(f) of this section and be printed by the company that will print the 
manifest as identified in the application approved under paragraph (c) 
of this section.
    (2) The registrant must submit a description of the manifest samples 
as follows:
    (i) Paper type (i.e., manufacturer and grade of the manifest paper);
    (ii) Paper weight of each copy;
    (iii) Ink color of the manifest's instructions. If screening of the 
ink was used, the registrant must indicate the extent of the screening; 
and
    (iv) Method of binding the copies.
    (3) The registrant need not submit samples of the continuation sheet 
if it will print its continuation sheet using the same paper type, paper 
weight of each copy, ink color of the instructions, and binding method 
as its manifest form samples.
    (e) EPA will evaluate the forms and either approve the registrant to 
print them as proposed or request additional information or modification 
to them before approval. EPA will notify the

[[Page 293]]

registrant of its decision by mail. The registrant cannot use or 
distribute its forms until EPA approves them. An approved registrant 
must print the manifest and continuation sheet according to its 
application approved under paragraph (c) of this section and the 
manifest specifications in paragraph (f) of this section. It also must 
print the forms according to the paper type, paper weight, ink color of 
the manifest instructions and binding method of its approved forms.
    (f) Paper manifests and continuation sheets must be printed 
according to the following specifications:
    (1) The manifest and continuation sheet must be printed with the 
exact format and appearance as EPA Forms 8700-22 and 8700-22A, 
respectively. However, information required to complete the manifest may 
be pre-printed on the manifest form.
    (2) A unique manifest tracking number assigned in accordance with a 
numbering system approved by EPA must be pre-printed in Item 4 of the 
manifest. The tracking number must consist of a unique three-letter 
suffix following nine digits.
    (3) The manifest and continuation sheet must be printed on 8\1/2\ x 
11-inch white paper, excluding common stubs (e.g., top- or side-bound 
stubs). The paper must be durable enough to withstand normal use.
    (4) The manifest and continuation sheet must be printed in black ink 
that can be legibly photocopied, scanned, and faxed, except that the 
marginal words indicating copy distribution must be in red ink.
    (5) The manifest and continuation sheet must be printed as six-copy 
forms. Copy-to-copy registration must be exact within \1/32\nd of an 
inch. Handwritten and typed impressions on the form must be legible on 
all six copies. Copies must be bound together by one or more common 
stubs that reasonably ensure that they will not become detached 
inadvertently during normal use.
    (6) Each copy of the manifest and continuation sheet must indicate 
how the copy must be distributed, as follows:
    (i) Page 1 (top copy): ``Designated facility to destination State 
(if required)''.
    (ii) Page 2: ``Designated facility to generator State (if 
required)''.
    (iii) Page 3: ``Designated facility to generator''.
    (iv) Page 4: ``Designated facility's copy''.
    (v) Page 5: ``Transporter's copy''.
    (vi) Page 6 (bottom copy): ``Generator's initial copy''.
    (7) The instructions in the appendix to 40 CFR part 262 must appear 
legibly on the back of the copies of the manifest and continuation sheet 
as provided in this paragraph (f). The instructions must not be visible 
through the front of the copies when photocopied or faxed.
    (i) Manifest Form 8700-22.
    (A) The ``Instructions for Generators'' on Copy 6;
    (B) The ``Instructions for International Shipment Block'' and 
``Instructions for Transporters'' on Copy 5; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 4.
    (ii) Manifest Form 8700-22A.
    (A) The ``Instructions for Generators'' on Copy 6;
    (B) The ``Instructions for Transporters'' on Copy 5; and
    (C) The ``Instructions for Treatment, Storage, and Disposal 
Facilities'' on Copy 4.
    (g)(1) A generator may use manifests printed by any source so long 
as the source of the printed form has received approval from EPA to 
print the manifest under paragraphs (c) and (e) of this section. A 
registered source may be a:
    (i) State agency;
    (ii) Commercial printer;
    (iii) Hazardous waste generator, transporter or TSDF; or
    (iv) Hazardous waste broker or other preparer who prepares or 
arranges shipments of hazardous waste for transportation.
    (2) A generator must determine whether the generator state or the 
consignment state for a shipment regulates any additional wastes (beyond 
those regulated Federally) as hazardous wastes under these states' 
authorized programs. Generators also

[[Page 294]]

must determine whether the consignment state or generator state requires 
the generator to submit any copies of the manifest to these states. In 
cases where the generator must supply copies to either the generator's 
state or the consignment state, the generator is responsible for 
supplying legible photocopies of the manifest to these states.
    (h)(1) If an approved registrant would like to update any of the 
information provided in its application approved under paragraph (c) of 
this section (e.g., to update a company phone number or name of contact 
person), the registrant must revise the application and submit it to the 
EPA Director of the Office of Resource Conservation and Recovery, along 
with an indication or explanation of the update, as soon as practicable 
after the change occurs. The Agency either will approve or deny the 
revision. If the Agency denies the revision, it will explain the reasons 
for the denial, and it will contact the registrant and request further 
modification before approval.
    (2) If the registrant would like a new tracking number suffix, the 
registrant must submit a proposed suffix to the EPA Director of the 
Office of Resource Conservation and Recovery, along with the reason for 
requesting it. The Agency will either approve the suffix or deny the 
suffix and provide an explanation why it is not acceptable.
    (3) If a registrant would like to change the paper type, paper 
weight, ink color of the manifest instructions, or binding method of its 
manifest or continuation sheet subsequent to approval under paragraph 
(e) of this section, then the registrant must submit three samples of 
the revised form for EPA review and approval. If the approved registrant 
would like to use a new printer, the registrant must submit three 
manifest samples printed by the new printer, along with a brief 
description of the printer's qualifications to print the manifest. EPA 
will evaluate the manifests and either approve the registrant to print 
the forms as proposed or request additional information or modification 
to them before approval. EPA will notify the registrant of its decision 
by mail. The registrant cannot use or distribute its revised forms until 
EPA approves them.
    (i) If, subsequent to its approval under paragraph (e) of this 
section, a registrant typesets its manifest or continuation sheet 
instead of using the electronic file of the forms provided by EPA, it 
must submit three samples of the manifest or continuation sheet to the 
registry for approval. EPA will evaluate the manifests or continuation 
sheets and either approve the registrant to print them as proposed or 
request additional information or modification to them before approval. 
EPA will notify the registrant of its decision by mail. The registrant 
cannot use or distribute its typeset forms until EPA approves them.
    (j) EPA may exempt a registrant from the requirement to submit form 
samples under paragraph (d) or (h)(3) of this section if the Agency is 
persuaded that a separate review of the registrant's forms would serve 
little purpose in informing an approval decision (e.g., a registrant 
certifies that it will print the manifest using the same paper type, 
paper weight, ink color of the instructions and binding method of the 
form samples approved for some other registrant). A registrant may 
request an exemption from EPA by indicating why an exemption is 
warranted.
    (k) An approved registrant must notify EPA by phone or email as soon 
as it becomes aware that it has duplicated tracking numbers on any 
manifests that have been used or distributed to other parties.
    (l) If, subsequent to approval of a registrant under paragraph (e) 
of this section, EPA becomes aware that the approved paper type, paper 
weight, ink color of the instructions, or binding method of the 
registrant's form is unsatisfactory, EPA will contact the registrant and 
require modifications to the form.
    (m)(1) EPA may suspend and, if necessary, revoke printing privileges 
if we find that the registrant:
    (i) Has used or distributed forms that deviate from its approved 
form samples in regard to paper weight, paper type, ink color of the 
instructions, or binding method; or
    (ii) Exhibits a continuing pattern of behavior in using or 
distributing manifests that contain duplicate manifest tracking numbers.

[[Page 295]]

    (2) EPA will send a warning letter to the registrant that specifies 
the date by which it must come into compliance with the requirements. If 
the registrant does not come in compliance by the specified date, EPA 
will send a second letter notifying the registrant that EPA has 
suspended or revoked its printing privileges. An approved registrant 
must provide information on its printing activities to EPA if requested.

[70 FR 10815, Mar. 4, 2005, as amended at 74 FR 30230, June 25, 2009]



Sec. 262.22  Number of copies.

    The manifest consists of at least the number of copies which will 
provide the generator, each transporter, and the owner or operator of 
the designated facility with one copy each for their records and another 
copy to be returned to the generator.



Sec. 262.23  Use of the manifest.

    (a) The generator must:
    (1) Sign the manifest certification by hand; and
    (2) Obtain the handwritten signature of the initial transporter and 
date of acceptance on the manifest; and
    (3) Retain one copy, in accordance with Sec. 262.40(a).
    (b) The generator must give the transporter the remaining copies of 
the manifest.
    (c) For shipments of hazardous waste within the United States solely 
by water (bulk shipments only), the generator must send three copies of 
the manifest dated and signed in accordance with this section to the 
owner or operator of the designated facility or the last water (bulk 
shipment) transporter to handle the waste in the United States if 
exported by water. Copies of the manifest are not required for each 
transporter.
    (d) For rail shipments of hazardous waste within the United States 
which originate at the site of generation, the generator must send at 
least three copies of the manifest dated and signed in accordance with 
this section to:
    (1) The next non-rail transporter, if any; or
    (2) The designated facility if transported solely by rail; or
    (3) The last rail transporter to handle the waste in the United 
States if exported by rail.
    (e) For shipments of hazardous waste to a designated facility in an 
authorized State which has not yet obtained authorization to regulate 
that particular waste as hazardous, the generator must assure that the 
designated facility agrees to sign and return the manifest to the 
generator, and that any out-of-state transporter signs and forwards the 
manifest to the designated facility.

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

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



Sec. 262.27  Waste minimization certification.

    A generator who initiates a shipment of hazardous waste must certify 
to one of the following statements in Item 15 of the uniform hazardous 
waste manifest:
    (a) ``I am a large quantity generator. I have a program in place to 
reduce the volume and toxicity of waste generated to the degree I have 
determined to be economically practicable and I have selected the 
practicable method of treatment, storage, or disposal currently 
available to me which minimizes the present and future threat to human 
health and the environment;'' or
    (b) ``I am a small quantity generator. I have made a good faith 
effort to minimize my waste generation and select the best waste 
management method that is available to me and that I can afford.''

[70 FR 10817, Mar. 4, 2005]



                  Subpart C_Pre-Transport Requirements



Sec. 262.30  Packaging.

    Before transporting hazardous waste or offering hazardous waste for 
transportation off-site, a generator must package the waste in 
accordance with the applicable Department of Transportation regulations 
on packaging under 49 CFR parts 173, 178, and 179.

[[Page 296]]



Sec. 262.31  Labeling.

    Before transporting or offering hazardous waste for transportation 
off-site, a generator must label each package in accordance with the 
applicable Department of Transportation regulations on hazardous 
materials under 49 CFR part 172.



Sec. 262.32  Marking.

    (a) Before transporting or offering hazardous waste for 
transportation off-site, a generator must mark each package of hazardous 
waste in accordance with the applicable Department of Transportation 
regulations on hazardous materials under 49 CFR part 172;
    (b) Before transporting hazardous waste or offering hazardous waste 
for transportation off-site, a generator must mark each container of 119 
gallons or less used in such transportation with the following words and 
information in accordance with the requirements of 49 CFR 172.304:

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

Generator's Name and Address ----------.
Generator's EPA Identification Number
----------.
Manifest Tracking Number ----------.

[45 FR 33142, May 19, 1980, as amended at 70 FR 10817, Mar. 4, 2005]



Sec. 262.33  Placarding.

    Before transporting hazardous waste or offering hazardous waste for 
transportation off-site, a generator must placard or offer the initial 
transporter the appropriate placards according to Department of 
Transportation regulations for hazardous materials under 49 CFR part 
172, subpart F.

[70 FR 35037, June 16, 2005]



Sec. 262.34  Accumulation time.

    (a) Except as provided in paragraphs (d), (e), and (f) of this 
section, a generator may accumulate hazardous waste on-site for 90 days 
or less without a permit or without having interim status, provided 
that:
    (1) The waste is placed:
    (i) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except 
Sec. Sec. 265.197(c) and 265.200; and/or
    (iii) On drip pads and the generator complies with subpart W of 40 
CFR part 265 and maintains the following records at the facility:
    (A) A description of procedures that will be followed to ensure that 
all wastes are removed from the drip pad and associated collection 
system at least once every 90 days; and
    (B) Documentation of each waste removal, including the quantity of 
waste removed from the drip pad and the sump or collection system and 
the date and time of removal; and/or
    (iv) In containment buildings and the generator complies with 
subpart DD of 40 CFR part 265, has placed its professional engineer 
certification that the building complies with the design standards 
specified in 40 CFR 265.1101 in the facility's operating record no later 
than 60 days after the date of initial operation of the unit. After 
February 18, 1993, PE certification will be required prior to operation 
of the unit. The owner or operator shall maintain the following records 
at the facility:
    (A) A written description of procedures to ensure that each waste 
volume remains in the unit for no more than 90 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with respecting the 90 day 
limit, and documentation that the procedures are complied with; or
    (B) Documentation that the unit is emptied at least once every 90 
days.

In addition, such a generator is exempt from all the requirements in 
subparts G and H of 40 CFR part 265, except for Sec. Sec. 265.111 and 
265.114.
    (2) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;
    (3) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste''; and
    (4) The generator complies with the requirements for owners or 
operators

[[Page 297]]

in Subparts C and D in 40 CFR part 265, with Sec. 265.16, and with 40 
CFR 268.7(a)(5).
    (b) A generator who accumulates hazardous waste for more than 90 
days is an operator of a storage facility and is subject to the 
requirements of 40 CFR parts 264 and 265 and the permit requirements of 
40 CFR part 270 unless he has been granted an extension to the 90-day 
period. Such extension may be granted by EPA if hazardous wastes must 
remain on-site for longer than 90 days due to unforeseen, temporary, and 
uncontrollable circumstances. An extension of up to 30 days may be 
granted at the discretion of the Regional Administrator on a case-by-
case basis.
    (c)(1) A generator may accumulate as much as 55 gallons of hazardous 
waste or one quart of acutely hazardous waste listed in Sec. 261.33(e) 
in containers at or near any point of generation where wastes initially 
accumulate, which is under the control of the operator of the process 
generating the waste, without a permit or interim status and without 
complying with paragraph (a) of this section provided he:
    (i) Complies with Sec. Sec. 265.171, 265.172, and 265.173(a) of 
this chapter; and
    (ii) Marks his containers either with the words ``Hazardous Waste'' 
or with other words that identify the contents of the containers.
    (2) A generator who accumulates either hazardous waste or acutely 
hazardous waste listed in Sec. 261.33(e) in excess of the amounts 
listed in paragraph (c)(1) of this section at or near any point of 
generation must, with respect to that amount of excess waste, comply 
within three days with paragraph (a) of this section or other applicable 
provisions of this chapter. During the three day period the generator 
must continue to comply with paragraphs (c)(1)(i) through (ii) of this 
section. The generator must mark the container holding the excess 
accumulation of hazardous waste with the date the excess amount began 
accumulating.
    (d) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month may 
accumulate hazardous waste on-site for 180 days or less without a permit 
or without having interim status provided that:
    (1) The quantity of waste accumulated on-site never exceeds 6000 
kilograms;
    (2) The generator complies with the requirements of subpart I of 
part 265 of this chapter, except for Sec. Sec. 265.176 and 265.178;
    (3) The generator complies with the requirements of Sec. 265.201 in 
subpart J of part 265;
    (4) The generator complies with the requirements of paragraphs 
(a)(2) and (a)(3) of this section, the requirements of subpart C of part 
265, the requirements of 40 CFR 268.7(a)(5); and
    (5) The generator complies with the following requirements:
    (i) At all times there must be at least one employee either on the 
premises or on call (i.e., available to respond to an emergency by 
reaching the facility within a short period of time) with the 
responsibility for coordinating all emergency response measures 
specified in paragraph (d)(5)(iv) of this section. This employee is the 
emergency coordinator.
    (ii) The generator must post the following information next to the 
telephone:
    (A) The name and telephone number of the emergency coordinator;
    (B) Location of fire extinguishers and spill control material, and, 
if present, fire alarm; and
    (C) The telephone number of the fire department, unless the facility 
has a direct alarm.
    (iii) The generator must ensure that all employees are thoroughly 
familiar with proper waste handling and emergency procedures, relevant 
to their responsibilities during normal facility operations and 
emergencies;
    (iv) The emergency coordinator or his designee must respond to any 
emergencies that arise. The applicable responses are as follows:
    (A) In the event of a fire, call the fire department or attempt to 
extinguish it using a fire extinguisher;
    (B) In the event of a spill, contain the flow of hazardous waste to 
the extent possible, and as soon as is practicable, clean up the 
hazardous waste and any contaminated materials or soil;
    (C) In the event of a fire, explosion, or other release which could 
threaten human health outside the facility or

[[Page 298]]

when the generator has knowledge that a spill has reached surface water, 
the generator must immediately notify the National Response Center 
(using their 24-hour toll free number 800/424-8802). The report must 
include the following information:
    (1) The name, address, and U.S. EPA Identification Number of the 
generator;
    (2) Date, time, and type of incident (e.g., spill or fire);
    (3) Quantity and type of hazardous waste involved in the incident;
    (4) Extent of injuries, if any; and
    (5) Estimated quantity and disposition of recovered materials, if 
any.
    (e) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who must 
transport his waste, or offer his waste for transportation, over a 
distance of 200 miles or more for off-site treatment, storage or 
disposal may accumulate hazardous waste on-site for 270 days or less 
without a permit or without having interim status provided that he 
complies with the requirements of paragraph (d) of this section.
    (f) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who 
accumulates hazardous waste in quantities exceeding 6000 kg or 
accumulates hazardous waste for more than 180 days (or for more than 270 
days if he must transport his waste, or offer his waste for 
transportation, over a distance of 200 miles or more) is an operator of 
a storage facility and is subject to the requirements of 40 CFR parts 
264 and 265 and the permit requirements of 40 CFR part 270 unless he has 
been granted an extension to the 180-day (or 270-day if applicable) 
period. Such extension may be granted by EPA if hazardous wastes must 
remain on-site for longer than 180 days (or 270 days if applicable) due 
to unforeseen, temporary, and uncontrollable circumstances. An extension 
of up to 30 days may be granted at the discretion of the Regional 
Administrator on a case-by-case basis.
    (g) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, may accumulate F006 
waste on-site for more than 90 days, but not more than 180 days without 
a permit or without having interim status provided that:
    (1) The generator has implemented pollution prevention practices 
that reduce the amount of any hazardous substances, pollutants or 
contaminants entering F006 or otherwise released to the environment 
prior to its recycling;
    (2) The F006 waste is legitimately recycled through metals recovery;
    (3) No more than 20,000 kilograms of F006 waste is accumulated on-
site at any one time; and
    (4) The F006 waste is managed in accordance with the following:
    (i) The F006 waste is placed:
    (A) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (B) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265, except 
Sec. Sec. 265.197(c) and 265.200; and/or
    (C) In containment buildings and the generator complies with subpart 
DD of 40 CFR part 265, and has placed its professional engineer 
certification that the building complies with the design standards 
specified in 40 CFR 265.1101 in the facility's operating record prior to 
operation of the unit. The owner or operator must maintain the following 
records at the facility:
    (1) A written description of procedures to ensure that the F006 
waste remains in the unit for no more than 180 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with the 180-day limit, and 
documentation that the generator is complying with the procedures; or
    (2) Documentation that the unit is emptied at least once every 180 
days.
    (ii) In addition, such a generator is exempt from all the 
requirements in subparts G and H of 40 CFR part 265, except for 
Sec. Sec. 265.111 and 265.114.
    (iii) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;

[[Page 299]]

    (iv) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste;'' and
    (v) The generator complies with the requirements for owners or 
operators in subparts C and D in 40 CFR part 265, with 40 CFR 265.16, 
and with 40 CFR 268.7(a)(5).
    (h) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, and who must 
transport this waste, or offer this waste for transportation, over a 
distance of 200 miles or more for off-site metals recovery, may 
accumulate F006 waste on-site for more than 90 days, but not more than 
270 days without a permit or without having interim status if the 
generator complies with the requirements of paragraphs (g)(1) through 
(g)(4) of this section.
    (i) A generator accumulating F006 in accordance with paragraphs (g) 
and (h) of this section who accumulates F006 waste on-site for more than 
180 days (or for more than 270 days if the generator must transport this 
waste, or offer this waste for transportation, over a distance of 200 
miles or more), or who accumulates more than 20,000 kilograms of F006 
waste on-site is an operator of a storage facility and is subject to the 
requirements of 40 CFR parts 264 and 265 and the permit requirements of 
40 CFR part 270 unless the generator has been granted an extension to 
the 180-day (or 270-day if applicable) period or an exception to the 
20,000 kilogram accumulation limit. Such extensions and exceptions may 
be granted by EPA if F006 waste must remain on-site for longer than 180 
days (or 270 days if applicable) or if more than 20,000 kilograms of 
F006 waste must remain on-site due to unforeseen, temporary, and 
uncontrollable circumstances. An extension of up to 30 days or an 
exception to the accumulation limit may be granted at the discretion of 
the Regional Administrator on a case-by-case basis.
    (j) A member of the Performance Track Program who generates 1000 kg 
or greater of hazardous waste per month (or one kilogram or more of 
acute hazardous waste) may accumulate hazardous waste on-site without a 
permit or interim status for an extended period of time, provided that:
    (1) The generator accumulates the hazardous waste for no more than 
180 days, or for no more than 270 days if the generator must transport 
the waste (or offer the waste for transport) more than 200 miles from 
the generating facility; and
    (2) The generator first notifies the Regional Administrator and the 
Director of the authorized State in writing of its intent to begin 
accumulation of hazardous waste for extended time periods under the 
provisions of this section. Such advance notice must include:
    (i) Name and EPA ID number of the facility, and specification of 
when the facility will begin accumulation of hazardous wastes for 
extended periods of time in accordance with this section; and
    (ii) A description of the types of hazardous wastes that will be 
accumulated for extended periods of time, and the units that will be 
used for such extended accumulation; and
    (iii) A Statement that the facility has made all changes to its 
operations, procedures, including emergency preparedness procedures, and 
equipment, including equipment needed for emergency preparedness, that 
will be necessary to accommodate extended time periods for accumulating 
hazardous wastes; and
    (iv) If the generator intends to accumulate hazardous wastes on-site 
for up to 270 days, a certification that a facility that is permitted 
(or operating under interim status) under part 270 of this chapter to 
receive these wastes is not available within 200 miles of the generating 
facility; and
    (3) The waste is managed in:
    (i) Containers, in accordance with the applicable requirements of 
subparts I, AA, BB, and CC of 40 CFR part 265 and 40 CFR 264.175; or
    (ii) Tanks, in accordance with the applicable requirements of 
subparts J, AA, BB, and CC of 40 CFR part 265, except for Sec. Sec. 
265.197(c) and 265.200; or
    (iii) Drip pads, in accordance with subpart W of 40 CFR part 265; or

[[Page 300]]

    (iv) Containment buildings, in accordance with subpart DD of 40 CFR 
part 265; and
    (4) The quantity of hazardous waste that is accumulated for extended 
time periods at the facility does not exceed 30,000 kg; and
    (5) The generator maintains the following records at the facility 
for each unit used for extended accumulation times:
    (i) A written description of procedures to ensure that each waste 
volume remains in the unit for no more than 180 days (or 270 days, as 
applicable), a description of the waste generation and management 
practices at the facility showing that they are consistent with the 
extended accumulation time limit, and documentation that the procedures 
are complied with; or
    (ii) Documentation that the unit is emptied at least once every 180 
days (or 270 days, if applicable); and
    (6) Each container or tank that is used for extended accumulation 
time periods is labeled or marked clearly with the words ``Hazardous 
Waste,'' and for each container the date upon which each period of 
accumulation begins is clearly marked and visible for inspection; and
    (7) The generator complies with the requirements for owners and 
operators in 40 CFR part 265, with Sec. 265.16, and with Sec. 
268.7(a)(5). In addition, such a generator is exempt from all the 
requirements in subparts G and H of part 265, except for Sec. Sec. 
265.111 and 265.114; and
    (8) The generator has implemented pollution prevention practices 
that reduce the amount of any hazardous substances, pollutants, or 
contaminants released to the environment prior to its recycling, 
treatment, or disposal; and
    (9) The generator includes the following with its Performance Track 
Annual Performance Report, which must be submitted to the Regional 
Administrator and the Director of the authorized State:
    (i) Information on the total quantity of each hazardous waste 
generated at the facility that has been managed in the previous year 
according to extended accumulation time periods; and
    (ii) Information for the previous year on the number of off-site 
shipments of hazardous wastes generated at the facility, the types and 
locations of destination facilities, how the wastes were managed at the 
destination facilities (e.g., recycling, treatment, storage, or 
disposal), and what changes in on-site or off-site waste management 
practices have occurred as a result of extended accumulation times or 
other pollution prevention provisions of this section; and
    (iii) Information for the previous year on any hazardous waste 
spills or accidents occurring at extended accumulation units at the 
facility, or during off-site transport of accumulated wastes; and
    (iv) If the generator intends to accumulate hazardous wastes on-site 
for up to 270 days, a certification that a facility that is permitted 
(or operating under interim status) under part 270 of this chapter to 
receive these wastes is not available within 200 miles of the generating 
facility; and
    (k) If hazardous wastes must remain on-site at a Performance Track 
member facility for longer than 180 days (or 270 days, if applicable) 
due to unforseen, temporary, and uncontrollable circumstances, an 
extension to the extended accumulation time period of up to 30 days may 
be granted at the discretion of the Regional Administrator on a case-by-
case basis.
    (1) If a generator who is a member of the Performance Track Program 
withdraws from the Performance Track Program, or if the Regional 
Administrator terminates a generator's membership, the generator must 
return to compliance with all otherwise applicable hazardous waste 
regulations as soon as possible, but no later than six months after the 
date of withdrawal or termination.
    (m) A generator who sends a shipment of hazardous waste to a 
designated facility with the understanding that the designated facility 
can accept and manage the waste and later receives that shipment back as 
a rejected load or residue in accordance with the manifest discrepancy 
provisions of Sec. 264.72 or Sec. 265.72 of this chapter may 
accumulate the returned waste on-site in accordance with paragraphs (a) 
and (b) or (d), (e) and (f) of this section, depending on the amount of 
hazardous

[[Page 301]]

waste on-site in that calendar month. Upon receipt of the returned 
shipment, the generator must:
    (1) Sign Item 18c of the manifest, if the transporter returned the 
shipment using the original manifest; or
    (2) Sign Item 20 of the manifest, if the transporter returned the 
shipment using a new manifest.

[47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1, 1983; 49 
FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, July 
14, 1986; 55 FR 22684, June 1, 1990; 55 FR 50483, Dec. 6, 1990; 56 FR 
3877, Jan. 31, 1991; 56 FR 30195, July 1, 1991; 57 FR 37264, Aug. 18, 
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950, 
Nov. 25, 1996; 64 FR 3388, Jan. 21, 1999; 64 FR 25414, May 11, 1999; 64 
FR 56471, Oct. 20, 1999; 65 FR 12397, Mar. 8, 2000; 69 FR 21753, Apr. 
22, 2004; 69 FR 62224, Oct. 25, 2004; 70 FR 10817, Mar. 4, 2005; 71 FR 
40271, July 14, 2006]



                  Subpart D_Recordkeeping and Reporting



Sec. 262.40  Recordkeeping.

    (a) A generator must keep a copy of each manifest signed in 
accordance with Sec. 262.23(a) for three years or until he receives a 
signed copy from the designated facility which received the waste. This 
signed copy must be retained as a record for at least three years from 
the date the waste was accepted by the initial transporter.
    (b) A generator must keep a copy of each Biennial Report and 
Exception Report for a period of at least three years from the due date 
of the report.
    (c) A generator must keep records of any test results, waste 
analyses, or other determinations made in accordance with Sec. 262.11 
for at least three years from the date that the waste was last sent to 
on-site or off-site treatment, storage, or disposal.
    (d) The periods or retention referred to in this section are 
extended automatically during the course of any unresolved enforcement 
action regarding the regulated activity or as requested by the 
Administrator.

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



Sec. 262.41  Biennial report.

    (a) A generator who ships any hazardous waste off-site to a 
treatment, storage or disposal facility within the United States must 
prepare and submit a single copy of a Biennial Report to the Regional 
Administrator by March 1 of each even numbered year. The Biennial Report 
must be submitted on EPA Form 8700-13A, must cover generator activities 
during the previous year, and must include the following information:
    (1) The EPA identification number, name, and address of the 
generator;
    (2) The calendar year covered by the report;
    (3) The EPA identification number, name, and address for each off-
site treatment, storage, or disposal facility in the United States to 
which waste was shipped during the year;
    (4) The name and EPA identification number of each transporter used 
during the reporting year for shipments to a treatment, storage or 
disposal facility within the United States;
    (5) A description, EPA hazardous waste number (from 40 CFR part 261, 
subpart C or D), DOT hazard class, and quantity of each hazardous waste 
shipped off-site for shipments to a treatment, storage or disposal 
facility within the United States. This information must be listed by 
EPA identification number of each such off-site facility to which waste 
was shipped.
    (6) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated.
    (7) A description of the changes in volume and toxicity of waste 
actually achieved during the year in comparison to previous years to the 
extent such information is available for years prior to 1984.
    (8) The certification signed by the generator or authorized 
representative.
    (b) Any generator who treats, stores, or disposes of hazardous waste 
on-site must submit a biennial report covering those wastes in 
accordance with the provisions of 40 CFR parts 270, 264, 265, and 266. 
Reporting for exports of hazardous waste is not required on the Biennial 
Report form. A separate annual report requirement is set forth at 40 CFR 
262.56.

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

[[Page 302]]



Sec. 262.42  Exception reporting.

    (a)(1) A generator of greater than 1000 kilograms of hazardous waste 
in a calendar month who does not receive a copy of the manifest with the 
handwritten signature of the owner or operator of the designated 
facility within 35 days of the date the waste was accepted by the 
initial transporter must contact the transporter and/or the owner or 
operator of the designated facility to determine the status of the 
hazardous waste.
    (2) A generator of greater than 1000 kilograms of hazardous waste in 
a calendar month must submit an Exception Report to the EPA Regional 
Administrator for the Region in which the generator is located if he has 
not received a copy of the manifest with the handwritten signature of 
the owner or operator of the designated facility within 45 days of the 
date the waste was accepted by the initial transporter. The Exception 
Report must include:
    (i) A legible copy of the manifest for which the generator does not 
have confirmation of delivery;
    (ii) A cover letter signed by the generator or his authorized 
representative explaining the efforts taken to locate the hazardous 
waste and the results of those efforts.
    (b) A generator of greater than 100 kilograms but less than 1000 
kilograms of hazardous waste in a calendar month who does not receive a 
copy of the manifest with the handwritten signature of the owner or 
operator of the designated facility within 60 days of the date the waste 
was accepted by the initial transporter must submit a legible copy of 
the manifest, with some indication that the generator has not received 
confirmation of delivery, to the EPA Regional Administrator for the 
Region in which the generator is located.

    Note: The submission to EPA need only be a handwritten or typed note 
on the manifest itself, or on an attached sheet of paper, stating that 
the return copy was not received.

[52 FR 35898, Sept. 23, 1987]



Sec. 262.43  Additional reporting.

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



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

kg/mo.

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

[52 FR 35899, Sept. 23, 1987]



                  Subpart E_Exports of Hazardous Waste

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



Sec. 262.50  Applicability.

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



Sec. 262.51  Definitions.

    In addition to the definitions set forth at 40 CFR 260.10, the 
following definitions apply to this subpart:
    Consignee means the ultimate treatment, storage or disposal facility 
in a receiving country to which the hazardous waste will be sent.
    EPA Acknowledgement of Consent means the cable sent to EPA from the

[[Page 303]]

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

[53 FR 27164, July 19, 1988]



Sec. 262.52  General requirements.

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



Sec. 262.53  Notification of intent to export.

    (a) A primary exporter of hazardous waste must notify EPA of an 
intended export before such waste is scheduled to leave the United 
States. A complete notification should be submitted sixty (60) days 
before the initial shipment is intended to be shipped off site. This 
notification may cover export activities extending over a twelve (12) 
month or lesser period. The notification must be in writing, signed by 
the primary exporter, and include the following information:
    (1) Name, mailing address, telephone number and EPA ID number of the 
primary exporter;
    (2) By consignee, for each hazardous waste type:
    (i) A description of the hazardous waste and the EPA hazardous waste 
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper 
shipping name, hazard class and ID number (UN/NA) for each hazardous 
waste as identified in 49 CFR parts 171 through 177;
    (ii) The estimated frequency or rate at which such waste is to be 
exported and the period of time over which such waste is to be exported.
    (iii) The estimated total quantity of the hazardous waste in units 
as specified in the instructions to the Uniform Hazardous Waste Manifest 
Form (8700-22);
    (iv) All points of entry to and departure from each foreign country 
through which the hazardous waste will pass;
    (v) A description of the means by which each shipment of the 
hazardous waste will be transported (e.g., mode of transportation 
vehicle (air, highway, rail, water, etc.), type(s) of container (drums, 
boxes, tanks, etc.));
    (vi) A description of the manner in which the hazardous waste will 
be treated, stored or disposed of in the receiving country (e.g., land 
or ocean incineration, other land disposal, ocean dumping, recycling);
    (vii) The name and site address of the consignee and any alternate 
consignee; and
    (viii) The name of any transit countries through which the hazardous 
waste will be sent and a description of the approximate length of time 
the hazardous waste will remain in such country and the nature of its 
handling while there;
    (b) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Federal Activities, International Compliance Assurance Division 
(2254A), Environmental Protection Agency, 1200

[[Page 304]]

Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered 
notifications should be sent to: Office of Enforcement and Compliance 
Assurance, Office of Federal Activities, International Compliance 
Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., 
Room 6144, 12th St. and Pennsylvania Ave., NW., Washington, DC 20004. In 
both cases, the following shall be prominently displayed on the front of 
the envelope: ``Attention: Notification of Intent to Export.''.
    (c) Except for changes to the telephone number in paragraph (a)(1) 
of this section, changes to paragraph (a)(2)(v) of this section and 
decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of 
this section when the conditions specified on the original notification 
change (including any exceedance of the estimate of the quantity of 
hazardous waste specified in the original notification), the primary 
exporter must provide EPA with a written renotification of the change. 
The shipment cannot take place until consent of the receiving country to 
the changes (except for changes to paragraph (a)(2)(viii) of this 
section and in the ports of entry to and departure from transit 
countries pursuant to paragraph (a)(2)(iv) of this section) has been 
obtained and the primary exporter receives an EPA Acknowledgment of 
Consent reflecting the receiving country's consent to the changes.
    (d) Upon request by EPA, a primary exporter shall furnish to EPA any 
additional information which a receiving country requests in order to 
respond to a notification.
    (e) In conjunction with the Department of State, EPA will provide a 
complete notification to the receiving country and any transit 
countries. A notification is complete when EPA receives a notification 
which EPA determines satisfies the requirements of paragraph (a) of this 
section. Where a claim of confidentiality is asserted with respect to 
any notification information required by paragraph (a) of this section, 
EPA may find the notification not complete until any such claim is 
resolved in accordance with 40 CFR 260.2.
    (f) Where the receiving country consents to the receipt of the 
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to 
the primary exporter for purposes of Sec. 262.54(h). Where the 
receiving country objects to receipt of the hazardous waste or withdraws 
a prior consent, EPA will notify the primary exporter in writing. EPA 
will also notify the primary exporter of any responses from transit 
countries.

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 
FR 16309, Apr. 12, 1996; 71 FR 40271, July 14, 2006]



Sec. 262.54  Special manifest requirements.

    A primary exporter must comply with the manifest requirements of 40 
CFR 262.20 through 262.23 except that:
    (a) In lieu of the name, site address and EPA ID number of the 
designated permitted facility, the primary exporter must enter the name 
and site address of the consignee;
    (b) In lieu of the name, site address and EPA ID number of a 
permitted alternate facility, the primary exporter may enter the name 
and site address of any alternate consignee.
    (c) In the International Shipments block, the primary exporter must 
check the export box and enter the point of exit (city and State) from 
the United States.
    (d) The following statement must be added to the end of the first 
sentence of the certification set forth in Item 16 of the Uniform 
Hazardous Waste Manifest Form: ``and conforms to the terms of the 
attached EPA Acknowledgment of Consent'';
    (e) The primary exporter may obtain the manifest from any source 
that is registered with the U.S. EPA as a supplier of manifests (e.g., 
states, waste handlers, and/or commercial forms printers).
    (f) The primary exporter must require the consignee to confirm in 
writing the delivery of the hazardous waste to that facility and to 
describe any significant discrepancies (as defined in 40 CFR 264.72(a)) 
between the manifest and the shipment. A copy of the manifest signed by 
such facility may be used to confirm delivery of the hazardous waste.
    (g) In lieu of the requirements of Sec. 262.20(d), where a shipment 
cannot be

[[Page 305]]

delivered for any reason to the designated or alternate consignee, the 
primary exporter must:
    (1) Renotify EPA of a change in the conditions of the original 
notification to allow shipment to a new consignee in accordance with 
Sec. 262.53(c) and obtain an EPA Acknowledgment of Consent prior to 
delivery; or
    (2) Instruct the transporter to return the waste to the primary 
exporter in the United States or designate another facility within the 
United States; and
    (3) Instruct the transporter to revise the manifest in accordance 
with the primary exporter's instructions.
    (h) The primary exporter must attach a copy of the EPA 
Acknowledgment of Consent to the shipment to the manifest which must 
accompany the hazardous waste shipment. For exports by rail or water 
(bulk shipment), the primary exporter must provide the transporter with 
an EPA Acknowledgment of Consent which must accompany the hazardous 
waste but which need not be attached to the manifest except that for 
exports by water (bulk shipment) the primary exporter must attach the 
copy of the EPA Acknowledgment of Consent to the shipping paper.
    (i) The primary exporter shall provide the transporter with an 
additional copy of the manifest for delivery to the U.S. Customs 
official at the point the hazardous waste leaves the United States in 
accordance with Sec. 263.20(g)(4).

[51 FR 28682, Aug. 8, 1986, as amended at 70 FR 10818, Mar. 4, 2005]



Sec. 262.55  Exception reports.

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



Sec. 262.56  Annual reports.

    (a) Primary exporters of hazardous waste shall file with the 
Administrator no later than March 1 of each year, a report summarizing 
the types, quantities, frequency, and ultimate destination of all 
hazardous waste exported during the previous calendar year. Such reports 
shall include the following:
    (1) The EPA identification number, name, and mailing and site 
address of the exporter;
    (2) The calendar year covered by the report;
    (3) The name and site address of each consignee;
    (4) By consignee, for each hazardous waste exported, a description 
of the hazardous waste, the EPA hazardous waste number (from 40 CFR part 
261, subpart C or D), DOT hazard class, the name and US EPA ID number 
(where applicable) for each transporter used, the total amount of waste 
shipped and number of shipments pursuant to each notification;
    (5) Except for hazardous waste produced by exporters of greater than 
100 kg but less than 1000 kg in a calendar month, unless provided 
pursuant to Sec. 262.41, in even numbered years:
    (i) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated; and
    (ii) A description of the changes in volume and toxicity of waste 
actually achieved during the year in comparison to previous years to the 
extent such information is available for years prior to 1984.
    (6) A certification signed by the primary exporter which states:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this and all attached 
documents, and that based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment.
    (b) Annual reports submitted by mail should be sent to the following 
mailing address: Office of Enforcement and

[[Page 306]]

Compliance Assurance, Office of Federal Activities, International 
Compliance Assurance Division (2254A), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered 
reports should be sent to: Office of Enforcement and Compliance 
Assurance, Office of Federal Activities, International Compliance 
Assurance Division, Environmental Protection Agency, Ariel Rios Bldg., 
Room 6144, 12th St. and Pennsylvania Ave., NW., Washington, DC 20004.

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 
FR 16309, Apr. 12, 1996; 71 FR 40271, July 14, 2006]



Sec. 262.57  Recordkeeping.

    (a) For all exports a primary exporter must:
    (1) Keep a copy of each notification of intent to export for a 
period of at least three years from the date the hazardous waste was 
accepted by the initial transporter;
    (2) Keep a copy of each EPA Acknowledgment of Consent for a period 
of at least three years from the date the hazardous waste was accepted 
by the initial transporter;
    (3) Keep a copy of each confirmation of delivery of the hazardous 
waste from the consignee for at least three years from the date the 
hazardous waste was accepted by the initial transporter; and
    (4) Keep a copy of each annual report for a period of at least three 
years from the due date of the report.
    (b) The periods of retention referred to in this section are 
extended automatically during the course of any unresolved enforcement 
action regarding the regulated activity or as requested by the 
Administrator.



Sec. 262.58  International agreements.

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

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]



                  Subpart F_Imports of Hazardous Waste



Sec. 262.60  Imports of hazardous waste.

    (a) Any person who imports hazardous waste from a foreign country 
into the United States must comply with the requirements of this part 
and the special requirements of this subpart.
    (b) When importing hazardous waste, a person must meet all the 
requirements of Sec. 262.20(a) for the manifest except that:
    (1) In place of the generator's name, address and EPA identification 
number, the name and address of the foreign generator and the importer's 
name, address and EPA identification number must be used.
    (2) In place of the generator's signature on the certification 
statement, the U.S. importer or his agent must sign and date the 
certification and obtain the signature of the initial transporter.
    (c) A person who imports hazardous waste may obtain the manifest 
form from any source that is registered with

[[Page 307]]

the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, 
and/or commercial forms printers).
    (d) In the International Shipments block, the importer must check 
the import box and enter the point of entry (city and State) into the 
United States.
    (e) The importer must provide the transporter with an additional 
copy of the manifest to be submitted by the receiving facility to U.S. 
EPA in accordance with Sec. 264.71(a)(3) and Sec. 265.71(a)(3) of this 
chapter.

[51 FR 28685, Aug. 8, 1986, as amended at 70 FR 10818, Mar. 4, 2005]



                            Subpart G_Farmers



Sec. 262.70  Farmers.

    A farmer disposing of waste pesticides from his own use which are 
hazardous wastes is not required to comply with the standards in this 
part or other standards in 40 CFR parts 264, 265, 268, or 270 for those 
wastes provided he triple rinses each emptied pesticide container in 
accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues 
on his own farm in a manner consistent with the disposal instructions on 
the pesticide label.

[53 FR 27165, July 19, 1988, as amended at 71 FR 40271, July 14, 2006]



Subpart H_Transfrontier Shipments of Hazardous Waste for Recovery within 
                                the OECD

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



Sec. 262.80  Applicability.

    (a) The requirements of this subpart apply to imports and exports of 
wastes that are considered hazardous under U.S. national procedures and 
are destined for recovery operations in the countries listed in Sec. 
262.58(a)(1). A waste is considered hazardous under U.S. national 
procedures if it meets the Federal definition of hazardous waste in 40 
CFR 261.3 and it is subject to either the Federal manifesting 
requirements at 40 CFR Part 262, Subpart B, to the universal waste 
management standards of 40 CFR Part 273, or to State requirements 
analogous to 40 CFR Part 273.
    (b) Any person (notifier, consignee, or recovery facility operator) 
who mixes two or more wastes (including hazardous and non-hazardous 
wastes) or otherwise subjects two or more wastes (including hazardous 
and non-hazardous wastes) to physical or chemical transformation 
operations, and thereby creates a new hazardous waste, becomes a 
generator and assumes all subsequent generator duties under RCRA and any 
notifier duties, if applicable, under this subpart.



Sec. 262.81  Definitions.

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

[[Page 308]]

country, notifier is interpreted to mean a person domiciled in the U.S.
    (h) OECD area means all land or marine areas under the national 
jurisdiction of any designated OECD member country in Sec. 262.58. When 
the regulations refer to shipments to or from an OECD country, this 
means OECD area.
    (i) Recognized trader means a person who, with appropriate 
authorization of concerned countries, acts in the role of principal to 
purchase and subsequently sell wastes; this person has legal control of 
such wastes from time of purchase to time of sale; such a person may act 
to arrange and facilitate transfrontier movements of wastes destined for 
recovery operations.
    (j) Recovery facility means an entity which, under applicable 
domestic law, is operating or is authorized to operate in the importing 
country to receive wastes and to perform recovery operations on them.
    (k) Recovery operations means activities leading to resource 
recovery, recycling, reclamation, direct re-use or alternative uses as 
listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) 
of 27 May 1988, (available from the Environmental Protection Agency, 
RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC 20460 (Docket  F-94-IEHF-FFFFF) and the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which 
include:

R1 Use as a fuel (other than in direct incineration) or other means to 
generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as 
solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological 
improvement
R11 Uses of residual materials obtained from any of the operations 
numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered 
R1-R11
6R13 Accumulation of material intended for any operation in Table 2.B

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

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]



Sec. 262.82  General conditions.

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

[[Page 309]]

Sec. 262.80(a) are subject to the red-list controls of this subpart.

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

    (4) Wastes not yet assigned to a list are eligible for transfrontier 
movements, as follows:
    (i) If such wastes are considered hazardous under U.S. national 
procedures as defined in Sec. 262.80(a), these wastes are subject to 
the red-list controls; or
    (ii) If such wastes are not considered hazardous under U.S. national 
procedures as defined in Sec. 262.80(a), such wastes may move as though 
they appeared on the green list.
    (b) General conditions applicable to transfrontier movements of 
hazardous waste. (1) The waste must be destined for recovery operations 
at a facility that, under applicable domestic law, is operating or is 
authorized to operate in the importing country;
    (2) The transfrontier movement must be in compliance with applicable 
international transport agreements; and

    Note to paragraph (b)(2): These international agreements include, 
but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR 
(1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG 
Code (1985), COTIF (1985), and RID (1985).

    (3) Any transit of waste through a non-OECD member country must be 
conducted in compliance with all applicable international and national 
laws and regulations.
    (c) Provisions relating to re-export for recovery to a third 
country. (1) Re-export of wastes subject to the amber-list control 
system from the U.S., as the importing country, to a third country 
listed in Sec. 262.58(a)(1) may occur only after a notifier in the U.S. 
provides notification to and obtains consent of the competent 
authorities in the third country, the original exporting country, and 
new transit countries. The notification must comply with the notice and 
consent procedures in Sec. 262.83 for all concerned countries and the 
original exporting country. The competent authorities of the original 
exporting country as well as the competent authorities of all other 
concerned countries have 30 days to object to the proposed movement.
    (i) The 30-day period begins once the competent authorities of both 
the initial exporting country and new importing country issue 
Acknowledgements of Receipt of the notification.
    (ii) The transfrontier movement may commence if no objection has 
been lodged after the 30-day period has passed or immediately after 
written consent is received from all relevant OECD importing and transit 
countries.
    (2) Re-export of waste subject to the red-list control system from 
the original importing country to a third country listed in Sec. 
262.58(a)(1) may occur only following notification of the competent 
authorities of the third country, the original exporting country, and 
new transit countries by a notifier in the original importing country in 
accordance with Sec. 262.83. The transfrontier movement may not proceed 
until receipt by the original importing country of written consent from 
the competent authorities of the third country, the original exporting 
country, and new transit countries.
    (3) In the case of re-export of amber or red-list wastes to a 
country other than those in Sec. 262.58(a)(1), notification to and 
consent of the competent authorities of the original OECD member country 
of export and any OECD member countries of transit is required as 
specified in paragraphs (c)(1) and (c)(2) of this section in addition to 
compliance with all international agreements and arrangements to which 
the first importing OECD member country is a party and all applicable 
regulatory requirements for exports from the first importing country.

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]



Sec. 262.83  Notification and consent.

    (a) Applicability. Consent must be obtained from the competent 
authorities of the relevant OECD importing and transit countries prior 
to exporting

[[Page 310]]

hazardous waste destined for recovery operations subject to this 
Subpart. Hazardous wastes subject to amber-list controls are subject to 
the requirements of paragraph (b) of this section; hazardous wastes 
subject to red-list controls are subject to the requirements of 
paragraph (c) of this section; and wastes not identified on any list are 
subject to the requirements of paragraph (d) of this section.
    (b) Amber-list wastes. The export from the U.S. of hazardous wastes 
as described in Sec. 262.80(a) that appear on the amber list is 
prohibited unless the notification and consent requirements of paragraph 
(b)(1) or paragraph (b)(2) of this section are met.
    (1) Transactions requiring specific consent:
    (i) Notification. At least 45 days prior to commencement of the 
transfrontier movement, the notifier must provide written notification 
in English of the proposed transfrontier movement to the Office of 
Enforcement and Compliance Assurance, Office of Federal Activities, 
International Compliance Assurance Division (2254A), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
with the words ``Attention: OECD Export Notification'' prominently 
displayed on the envelope. This notification must include all of the 
information identified in paragraph (e) of this section. In cases where 
wastes having similar physical and chemical characteristics, the same 
United Nations classification, and the same RCRA waste codes are to be 
sent periodically to the same recovery facility by the same notifier, 
the notifier may submit one notification of intent to export these 
wastes in multiple shipments during a period of up to one year.
    (ii) Tacit consent. If no objection has been lodged by any concerned 
country (i.e., exporting, importing, or transit countries) to a 
notification provided pursuant to paragraph (b)(1)(i) of this section 
within 30 days after the date of issuance of the Acknowledgment of 
Receipt of notification by the competent authority of the importing 
country, the transfrontier movement may commence. Tacit consent expires 
one calendar year after the close of the 30 day period; renotification 
and renewal of all consents is required for exports after that date.
    (iii) Written consent. If the competent authorities of all the 
relevant OECD importing and transit countries provide written consent in 
a period less than 30 days, the transfrontier movement may commence 
immediately after all necessary consents are received. Written consent 
expires for each relevant OECD importing and transit country one 
calendar year after the date of that country's consent unless otherwise 
specified; renotification and renewal of each expired consent is 
required for exports after that date.
    (2) Shipments to facilities pre-approved by the competent 
authorities of the importing countries to accept specific wastes for 
recovery:
    (i) The notifier must provide EPA the information identified in 
paragraph (e) of this section in English, at least 10 days in advance of 
commencing shipment to a pre-approved facility. The notification should 
indicate that the recovery facility is pre-approved, and may apply to a 
single specific shipment or to multiple shipments as described in 
paragraph (b)(1)(i) of this section. This information must be sent to 
the Office of Enforcement and Compliance Assurance, Office of Federal 
Activities, International Compliance Assurance Division (2254A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, with the words ``Attention: OECD Export 
Notification--Pre-approved Facility'' prominently displayed on the 
envelope.
    (ii) Shipments may commence after the notification required in 
paragraph (b)(1)(i) of this section has been received by the competent 
authorities of all concerned countries, unless the notifier has received 
information indicating that the competent authorities of one or more 
concerned countries objects to the shipment.
    (c) Red-list wastes. The export from the U.S. of hazardous wastes as 
described in Sec. 262.80(a) that appear on the red list is prohibited 
unless notice is given pursuant to paragraph (b)(1)(i) of this section 
and the notifier receives written consent from the importing country and 
any transit countries prior to commencement of the transfrontier 
movement.

[[Page 311]]

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

    I certify that the above information is complete and correct to the 
best of my knowledge. I also certify that legally-enforceable written 
contractual obligations have been entered into, and that any applicable 
insurance or other financial guarantees are or shall be in force 
covering the transfrontier movement.

Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________

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

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]



Sec. 262.84  Tracking document.

    (a) All U.S. parties subject to the contract provisions of Sec. 
262.85 must ensure that a tracking document meeting the conditions of 
Sec. 262.84(b) accompanies each transfrontier shipment of wastes 
subject to amber-list or red-list controls from the initiation of the 
shipment until it reaches the final recovery facility, including cases 
in which the waste is stored and/or exchanged by the consignee prior to 
shipment to the final recovery facility, except as provided in 
Sec. Sec. 262.84(a)(1) and (2).
    (1) For shipments of hazardous waste within the U.S. solely by water 
(bulk shipments only) the generator must forward the tracking document 
with the manifest to the last water (bulk shipment) transporter to 
handle the waste in the U.S. if exported by water, (in accordance with 
the manifest routing procedures at Sec. 262.23(c)).
    (2) For rail shipments of hazardous waste within the U.S. which 
originate at the site of generation, the generator must forward the 
tracking document with the manifest (in accordance with the routing 
procedures for the manifest in Sec. 262.23(d)) to the next non-rail 
transporter, if any, or the last rail transporter to handle the waste in 
the U.S. if exported by rail.
    (b) The tracking document must include all information required 
under Sec. 262.83 (for notification), and the following:
    (1) Date shipment commenced.

[[Page 312]]

    (2) Name (if not notifier), address, and telephone and telefax 
numbers of primary exporter.
    (3) Company name and EPA ID number of all transporters.
    (4) Identification (license, registered name or registration number) 
of means of transport, including types of packaging.
    (5) Any special precautions to be taken by transporters.
    (6) Certification/declaration signed by notifier that no objection 
to the shipment has been lodged as follows:

    I certify that the above information is complete and correct to the 
best of my knowledge. I also certify that legally-enforceable written 
contractual obligations have been entered into, that any applicable 
insurance or other financial guarantees are or shall be in force 
covering the transfrontier movement, and that:
    1. All necessary consents have been received; OR
    2. The shipment is directed at a recovery facility within the OECD 
area and no objection has been received from any of the concerned 
countries within the 30 day tacit consent period; OR
    3. The shipment is directed at a recovery facility pre-authorized 
for that type of waste within the OECD area; such an authorization has 
not been revoked, and no objection has been received from any of the 
concerned countries.

(delete sentences that are not applicable)

Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________

    (7) Appropriate signatures for each custody transfer (e.g. 
transporter, consignee, and owner or operator of the recovery facility).
    (c) Notifiers also must comply with the special manifest 
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and consignees 
must comply with the import requirements of 40 CFR part 262, subpart F.
    (d) Each U.S. person that has physical custody of the waste from the 
time the movement commences until it arrives at the recovery facility 
must sign the tracking document (e.g. transporter, consignee, and owner 
or operator of the recovery facility).
    (e) Within three working days of the receipt of imports subject to 
this Subpart, the owner or operator of the U.S. recovery facility must 
send signed copies of the tracking document to the notifier, to the 
Office of Enforcement and Compliance Assurance, Office of Federal 
Activities, International Compliance Assurance Division (2254A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and to the competent authorities of the exporting 
and transit countries.

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]



Sec. 262.85  Contracts.

    (a) Transfrontier movements of hazardous wastes subject to amber or 
red control procedures are prohibited unless they occur under the terms 
of a valid written contract, chain of contracts, or equivalent 
arrangements (when the movement occurs between parties controlled by the 
same corporate or legal entity). Such contracts or equivalent 
arrangements must be executed by the notifier and the owner or operator 
of the recovery facility, and must specify responsibilities for each. 
Contracts or equivalent arrangements are valid for the purposes of this 
section only if persons assuming obligations under the contracts or 
equivalent arrangements have appropriate legal status to conduct the 
operations specified in the contract or equivalent arrangement.
    (b) Contracts or equivalent arrangements must specify the name and 
EPA ID number, where available, of:
    (1) The generator of each type of waste;
    (2) Each person who will have physical custody of the wastes;
    (3) Each person who will have legal control of the wastes; and
    (4) The recovery facility.
    (c) Contracts or equivalent arrangements must specify which party to 
the contract will assume responsibility for alternate management of the 
wastes if its disposition cannot be carried out as described in the 
notification of intent to export. In such cases, contracts must specify 
that:
    (1) The person having actual possession or physical control over the 
wastes will immediately inform the notifier and the competent 
authorities of the exporting and importing countries and, if the wastes 
are located in a

[[Page 313]]

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

    Note to paragraph (e): Financial guarantees so required are intended 
to provide for alternate recycling, disposal or other means of sound 
management of the wastes in cases where arrangements for the shipment 
and the recovery operations cannot be carried out as foreseen. The U.S. 
does not require such financial guarantees at this time; however, some 
OECD countries do. It is the responsibility of the notifier to ascertain 
and comply with such requirements; in some cases, transporters or 
consignees may refuse to enter into the necessary contracts absent 
specific references or certifications to financial guarantees.

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

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



Sec. 262.86  Provisions relating to recognized traders.

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



Sec. 262.87  Reporting and recordkeeping.

    (a) Annual reports. For all waste movements subject to this Subpart, 
persons (e.g., notifiers, recognized traders) who meet the definition of 
primary exporter in Sec. 262.51 shall file an annual report with the 
Office of Enforcement and Compliance Assurance, Office of Federal 
Activities, International Compliance Assurance Division (2254A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, no later than March 1 of each year summarizing the 
types, quantities, frequency, and ultimate destination of all such 
hazardous waste exported during the previous calendar year. (If the 
primary exporter is required to file an annual report for waste exports 
that are not covered under this Subpart, he may include all export 
information in one report provided the following information on exports 
of waste destined for recovery within the designated OECD member 
countries is contained in a separate section). Such reports shall 
include the following:
    (1) The EPA identification number, name, and mailing and site 
address of the notifier filing the report;
    (2) The calendar year covered by the report;
    (3) The name and site address of each final recovery facility;

[[Page 314]]

    (4) By final recovery facility, for each hazardous waste exported, a 
description of the hazardous waste, the EPA hazardous waste number (from 
40 CFR part 261, subpart C or D), designation of waste type(s) from OECD 
waste list and applicable waste code from the OECD lists, DOT hazard 
class, the name and U.S. EPA identification number (where applicable) 
for each transporter used, the total amount of hazardous waste shipped 
pursuant to this Subpart, and number of shipments pursuant to each 
notification;
    (5) In even numbered years, for each hazardous waste exported, 
except for hazardous waste produced by exporters of greater than 100 kg 
but less than 1000 kg in a calendar month, and except for hazardous 
waste for which information was already provided pursuant to Sec. 
262.41:
    (i) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated; and
    (ii) A description of the changes in volume and toxicity of the 
waste actually achieved during the year in comparison to previous years 
to the extent such information is available for years prior to 1984; and
    (6) A certification signed by the person acting as primary exporter 
that states:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this and all attached 
documents, and that based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment.
    (b) Exception reports. Any person who meets the definition of 
primary exporter in Sec. 262.51 must file an exception report in lieu 
of the requirements of Sec. 262.42 with the Administrator if any of the 
following occurs:
    (1) He has not received a copy of the tracking documentation signed 
by the transporter stating point of departure of the waste from the 
United States, within forty-five (45) days from the date it was accepted 
by the initial transporter;
    (2) Within ninety (90) days from the date the waste was accepted by 
the initial transporter, the notifier has not received written 
confirmation from the recovery facility that the hazardous waste was 
received;
    (3) The waste is returned to the United States.
    (c) Recordkeeping. (1) Persons who meet the definition of primary 
exporter in Sec. 262.51 shall keep the following records: Sec. 262.89
    (i) A copy of each notification of intent to export and all written 
consents obtained from the competent authorities of concerned countries 
for a period of at least three years from the date the hazardous waste 
was accepted by the initial transporter;
    (ii) A copy of each annual report for a period of at least three 
years from the due date of the report; and
    (iii) A copy of any exception reports and a copy of each 
confirmation of delivery (i.e., tracking documentation) sent by the 
recovery facility to the notifier for at least three years from the date 
the hazardous waste was accepted by the initial transporter or received 
by the recovery facility, whichever is applicable.
    (2) The periods of retention referred to in this section are 
extended automatically during the course of any unresolved enforcement 
action regarding the regulated activity or as requested by the 
Administrator.

[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40272, July 14, 2006]



Sec. 262.88  Pre-approval for U.S. Recovery Facilities. [Reserved]



Sec. 262.89  OECD Waste Lists.

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

[[Page 315]]

    (b) If a waste is hazardous under paragraph (a) of this section and 
it appears on the amber or red list, it is subject to amber- or red-list 
requirements respectively;
    (c) If a waste is hazardous under paragraph (a) of this section and 
it does not appear on either amber or red lists, it is subject to red-
list requirements.
    (d) The appropriate control procedures for hazardous wastes and 
hazardous waste mixtures are addressed in Sec. 262.82.
    (e) The OECD Green List of Wastes (revised May 1994), Amber List of 
Wastes and Red List of Wastes (both revised May 1993) as set forth in 
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council 
Decision C(92)39/FINAL (Concerning the Control of Transfrontier 
Movements of Wastes Destined for Recovery Operations) are incorporated 
by reference. These incorporations by reference were approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51 on July 11, 1996. These materials are incorporated as they 
exist on the date of the approval and a notice of any change in these 
materials will be published in the Federal Register. The materials are 
available for inspection at: the U.S. Environmental Protection Agency, 
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first 
floor, Arlington, VA 22203 (Docket  F-94-IEHF-FFFFF) or at the 
National Archives and Records Administration (NARA), and may be obtained 
from the Organisation for Economic Co-operation and Development, 
Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, 
France. For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[61 FR 16310, Apr. 12, 1996, as amended at 69 FR 18803, Apr. 9, 2004]



                Subpart I_New York State Public Utilities

    Source: 64 FR 37636, July 12, 1999, unless otherwise noted.



Sec. 262.90  Project XL for Public Utilities in New York State.

    (a) The following definitions apply to this section:
    (1) A Utility is any company that operates wholesale and/or retail 
oil and gas pipelines, or any company that provides electric power or 
telephone service and is regulated by New York State's Public Service 
Commission or the New York Power Authority.
    (2) A right-of-way is a fixed, integrated network of aboveground or 
underground conveyances, including land structures, fixed equipment, and 
other appurtenances, controlled or owned by a Utility, and used for the 
purpose of conveying its products or services to customers.
    (3) A remote location is a location in New York State within a 
Utility's right-of-way network that is not permanently staffed.
    (4) A Utility's central collection facility (UCCF) is a Utility-
owned facility within the Utility's right-of-way network to which 
hazardous waste, generated by the Utility at remote locations within the 
same right-of-way network, is brought.
    (b) A UCCF designated pursuant to paragraph (e) of this section may 
consolidate hazardous waste (with the exception of mixed waste) 
generated by that Utility at its remote locations (and at that UCCF) for 
up to 90 days without a permit or without having interim status, 
provided that:
    (1) The Utility complies with all applicable requirements for 
generators in 40 CFR part 262 (except Sec. 262.34 (d) through (f)) for 
hazardous waste generated at its remote locations and at the UCCF, 
including the manifest and pretransport requirements for all shipments 
greater than 100 kilograms sent from a remote location to a UCCF.
    (2) The Utility transports the hazardous waste from the remote 
location to a UCCF immediately after collection of all hazardous waste 
at the remote location is complete or when the staff collecting the 
hazardous waste

[[Page 316]]

leave the remote location, whichever comes first.
    (3) The Utility complies with all applicable requirements for 
transporters in 40 CFR part 263 for each shipment of hazardous waste 
greater than 100 kilograms which is sent from remote location to the 
UCCF, and all applicable Department of Transportation requirements.
    (4)(i) The Utility complies with 40 CFR 262.34 (a) through (c), 
regardless of the total quantity of hazardous waste generated or 
consolidated at the UCCF per calendar month;
    (ii) The Utility complies with 40 CFR 264.178; and
    (iii) Secondary containment is provided for all liquid hazardous 
waste consolidated in containers if:
    (A) The UCCF is consolidating 8,800 gallons or more of liquid 
hazardous waste, or
    (B) The UCCF is consolidating 185 gallons or more of liquid 
hazardous waste and is located in an area designated by New York State 
that overlays a sole-source aquifer.
    (5) The Utility submits a biennial report in accordance with 40 CFR 
262.41 including all hazardous waste shipped from remote locations to 
the UCCF. This UCCF biennial report may be submitted in lieu of 
submitting a biennial report for each remote location. However, for 
hazardous waste generated at a particular remote location that exceeds 
1000 kg per calendar month and that is not sent to the UCCF, the Utility 
must submit a separate biennial report.
    (6) Waste generated at a remote location that is not sent to a UCCF 
is managed according to the requirements of parts 260 through 270 of 
this chapter.
    (7) The Utility maintains records at the UCCF in accordance with all 
the recordkeeping requirements set forth in subpart D of 40 CFR part 
262, including 40 CFR 262.40, and maintains records on any PCB test 
results for hazardous wastes brought to the facility from remote 
locations.
    (8) The UCCF obtains an EPA identification number.
    (9) The UCCF receives hazardous waste only from its remote location.
    (10) The Utility reinvests at least one-third of the direct savings 
described in paragraph (h) of this section in one or more 
environmentally beneficial projects, such as remediation or pollution 
prevention, that are over and above existing legal requirements and that 
have not been initiated prior to the Utility's receipt of approval to 
consolidate hazardous waste pursuant to this section.
    (c) Utilities seeking to have UCCFs designated under paragraph (e) 
of this section must comply with the following requirements:
    (1) Any New York State Utility seeking approval to consolidate 
hazardous waste under this section must notify local governments and 
communities of the Utility's intent to designate specific UCCFs.
    (2) In carrying out paragraph (c)(1) of this section, the Utility 
must solicit public comment. In soliciting public comment, the Utility 
must use the notice method set forth in paragraph (c)(2)(i) of this 
section, as well as at least two of the methods set forth in paragraphs 
(c)(2)(ii) through (vii) of this section. Each Utility must also notify 
by mail all parties who commented on the proposed rule for this XL 
project.
    (i) A public notice in a newspaper of general circulation within the 
area in which each proposed UCCF is located;
    (ii) A radio announcement in each affected community during peak 
listening hours;
    (iii) Mailings to all citizens within a five-mile radius of proposed 
UCCF;
    (iv) Well-publicized community meetings;
    (v) Presentations to the local community board;
    (vi) Placement of copies of this section and the Final Project 
Agreement that explains the regulatory relief outlined in this section 
in the local library nearest the proposed UCCF, and inclusion of the 
name and address of the library in the newspaper notice; and
    (vii) Placement of copies of this section and the Final Project 
Agreement that explains the regulatory relief outlined in this section 
on the Utility's web site, and inclusion of the web site's address in 
the newspaper notice.
    (3) All outreach efforts made under paragraph (c)(2) of this section 
shall be

[[Page 317]]

prepared in English (and any other language spoken by a large number of 
persons in the community of concern) and at a minimum shall include the 
following information:
    (i) A brief description of the XL project, the intended new use of 
the facility, and a request for comments on the proposed UCCF.
    (ii) The name, if any, and address of the proposed UCCF and its 
current status under the RCRA Subtitle C program.
    (iii) The intended duration of use of the UCCF under the 
requirements of this section.
    (iv) Names, addresses, and telephone numbers of contact persons, 
representing the Utility, to whom questions or comments may be directed.
    (v) Notification of when the comment period of no less than 30 days 
will close.
    (4) Prior to the solicitation of public comment pursuant to 
paragraph (c)(2) of this section, the Utility must submit copies of each 
notice, announcement or mailing directly to local governments and to 
EPA.
    (5) At the close of the comment period, the Utility shall prepare a 
Responsiveness Package containing a summary of public outreach efforts, 
all comments and questions received as a result of its outreach efforts, 
and the Utility's written responses to all comments and questions. The 
Utility shall provide copies of its Responsiveness Package to any 
citizens that participated in the public notice process, local 
governments and EPA.
    (d) Upon completion of the public notice procedures described in 
paragraph (c) of this section, the Utility must provide written notice 
to EPA of its intent to participate. The Notice of Intent must contain 
the following information:
    (1) The name of the Utility, corporate address, and corporate 
mailing address, if different.
    (2) The name, mailing address, and telephone number of a corporate-
level contact person to whom communications and inquiries may be 
directed. This contact person may be changed by written notification to 
EPA.
    (3) A list of the names, addresses, and EPA identification numbers, 
if applicable, of all Utility-owned facilities in New York State that 
are proposed UCCFs and the names and telephone numbers of a designated 
contact person at each facility.
    (4) A summary of public outreach efforts undertaken pursuant to 
paragraph (c) of this section.
    (5) A commitment that one-third of the direct cost savings outlined 
in paragraph (h) of this section due to project participation will be 
reinvested in one or more environmentally beneficial projects which are 
over and above existing legal requirements and which have not been 
initiated prior to the Utility's receipt of approval to consolidate 
hazardous waste pursuant to this section.
    (6) An acknowledgment that the signatory is personally familiar with 
the terms and conditions of this section and has the authority to 
obligate and does obligate the Utility to comply with all such terms and 
conditions. The Utility shall comply with the signatory requirements set 
forth in 40 CFR 270.11(a)(1).
    (e) The procedures for designating UCCFs are as follows:
    (1) Subject to paragraphs (e)(2) through (5) of this section, the 
Utility and specified UCCF shall receive approval to comply with the 
requirements set forth in paragraph (b) of this section upon the receipt 
of written acknowledgment from EPA that the Notice of Intent described 
in paragraph (d) of this section has been received and found to be 
complete and in compliance with all the requirements set forth in 
paragraph (d) of this section. This acknowledgment will state whether 
the UCCF has been designated under this section and any additional 
limitations which have been placed on the UCCF.
    (2) Based on information provided and comments received during the 
public notice and comment period, EPA shall prepare a response to the 
comments received. The response to comments shall be attached to the 
acknowledgment described in paragraph (e)(1). Both the acknowledgment 
and the response to comments shall be sent to all persons who commented 
on the designation of the UCCF(s) that are the subject of the 
acknowledgment.

[[Page 318]]

    (3) Based on information provided and comments received during or 
after the public notice and comment period, designated UCCFs may be 
rejected for the proposed use, or, if EPA determines that acceptance for 
the proposed use under the conditions of paragraph (b) of this section 
may not fully protect human health and the environment based on the 
Utility's compliance history or other appropriate factors, the 
acknowledgment may impose conditions in addition to those in paragraph 
(b) of this section.
    (4) If EPA determines that a site-specific informational public 
meeting is warranted prior to determining the acceptability of a 
designated UCCF, the acknowledgment will so state.
    (5) Subsequent to any public meeting, EPA may reject or prohibit 
UCCFs from participating in this project based on information provided 
or comments received during or after the public notice process or based 
on a determination that acceptance for the proposed use under the 
conditions of paragraph (b) of this section may not fully protect human 
health and the environment based on the Utility's compliance history or 
other appropriate factors.
    (f) At any time, a Utility may add or remove UCCF designations by 
complying with the following requirements:
    (1) A Utility may notify EPA of its intent to designate additional 
UCCFs. Such a notification shall be submitted to, and processed by, EPA, 
in the manner indicated in paragraphs (d) and (e) of this section.
    (2) To have one or more additional UCCFs designated, the Utility 
must comply with paragraph (c) of this section.
    (3) A Utility can discontinue use of a facility as a UCCF by 
notifying EPA in writing.
    (g) Each Utility that receives approval to consolidate hazardous 
waste pursuant to this section shall submit an Annual Progress Report 
with the following information for the preceding year:
    (1) The number of remote locations statewide for which hazardous 
waste was handled in accordance with paragraph (b) of this section.
    (2) The total tonnage of each type of hazardous waste handled by 
each UCCF.
    (3) The number of remote locations statewide from which 1,000 
kilograms or more of hazardous waste were collected per calendar month.
    (4) The number of remote locations statewide from which between 100 
and 1,000 kilograms of hazardous waste were collected per calendar 
month.
    (5) An estimate of the monetary value, on a Utility-wide basis, of 
the direct savings realized by participation in this project. Direct 
savings at a minimum include those outlined in paragraph (h) of this 
section.
    (6) Descriptions of the environmental compliance, remediation, or 
pollution prevention projects or activities into which the savings, 
described in paragraph (h) of this section, have been reinvested, with 
an estimate of the savings reinvested in each. Any such projects must 
consist of activities that are over and above existing legal 
requirements and that have not been initiated prior to the Utility's 
receipt of approval to consolidate hazardous waste pursuant to this 
section.
    (7) The addresses and EPA identification numbers for all facilities 
that served as UCCFs for hazardous waste from remote locations.
    (h) Utilities that receive approval to consolidate hazardous waste 
pursuant to this section must assess the direct savings realized as a 
result. Cost estimates shall include direct savings based on relief from 
any regulatory requirements, which the facility expects to be relieved 
from due to compliance with the provisions of this section including, 
but not limited to, the following:
    (1) Database management for each remote location as an individual 
generator;
    (2) Biennial Report preparation costs; and/or
    (3) Cost savings realized from consolidation of waste for economical 
shipment (including no longer shipping waste directly to a TSD from 
remote locations).
    (i) If any UCCF or Utility that receives approval under this section 
fails

[[Page 319]]

to comply with any of the requirements of this section, EPA may 
terminate or suspend the UCCF's or Utility's participation. EPA will 
provide a UCCF or Utility with 15 days written notice of its intent to 
terminate or suspend participation. During this period, the UCCF will 
have the opportunity to come back into compliance or provide a written 
explanation as to why it was not in compliance with the terms of this 
section and how it will come back into compliance. If EPA then issues a 
written notice terminating or suspending participation, the Utility must 
take immediate action to come into compliance with all otherwise 
applicable federal requirements. EPA may also take enforcement action 
against a Utility for non-compliance with the provisions of this 
section.
    (j) This section will expire on May 24, 2011.

[64 FR 37636, July 12, 1999, as amended at 70 FR 29913, May 24, 2005; 71 
FR 40272, July 14, 2006]



 Subpart J_University Laboratories XL Project_Laboratory Environmental 
                           Management Standard

    Source: 64 FR 53292, Sept. 28, 1999, unless otherwise noted.



Sec. 262.100  To what organizations does this subpart apply?

    This subpart applies to an organization that meets all three of the 
following conditions:
    (a) It is one of the three following academic institutions: The 
University of Massachusetts Boston in Boston, Massachusetts, Boston 
College in Chestnut Hill, Massachusetts, or the University of Vermont in 
Burlington, Vermont (``Universities''); and
    (b) It is a laboratory at one of the Universities (identified 
pursuant to Sec. 262.105(c)(2)(ii)) where laboratory scale activities, 
as defined in Sec. 262.102, result in laboratory waste; and
    (c) It complies with all the requirements of this subpart.



Sec. 262.101  What is in this subpart?

    This subpart provides a framework for a new management system for 
wastes that are generated in University laboratories. This framework is 
called the Laboratory Environmental Management Standard. The standard 
includes some specific definitions that apply to the University 
laboratories. It contains specific requirements for how to handle 
laboratory waste that are called Minimum Performance Criteria. The 
standard identifies the requirements for developing and implementing an 
environmental management plan. It outlines the responsibilities of the 
management staff of each participating university. Finally, the standard 
identifies requirements for training people who will work in the 
laboratories or manage laboratory waste. This Subpart contains 
requirements for RCRA solid and hazardous waste determination, and 
circumstances for termination and expiration of this pilot.



Sec. 262.102  What special definitions are included in this subpart?

    For purposes of this subpart, the following definitions apply:
    Acutely Hazardous Laboratory Waste means a laboratory waste, defined 
in the Environmental Management Plan as posing significant potential 
hazards to human health or the environment and which must include RCRA 
``P'' wastes, and may include particularly hazardous substances as 
designated in a University's Chemical Hygiene Plan under OSHA, or 
Extremely Hazardous Substances under the Emergency Planning and 
Community Right to Know Act.
    Emergency means any occurrence such as, but not limited to, 
equipment failure, rupture of containers or failure of control equipment 
which results in the potential uncontrolled release of a hazardous 
chemical into the environment and which requires agency or fire 
department notification and/or reporting.
    Environmental Management Plan (EMP) means a written program 
developed and implemented by the university which sets forth standards 
and procedures, responsibilities, pollution control equipment, 
performance criteria, resources and work practices that both protect 
human health and

[[Page 320]]

the environment from the hazards presented by laboratory wastes within a 
laboratory and between a laboratory and the hazardous waste accumulation 
area, and satisfies the plan requirements defined elsewhere in this 
Subpart. Certain requirements of this plan are satisfied through the use 
of the Chemical Hygiene Plan (see, 29 CFR 1910.1450), or equivalent, and 
other relevant plans, including a waste minimization plan. The elements 
of the Environmental Management Plan must be easily accessible, but may 
be integrated into existing plans, incorporated as an attachment, or 
developed as a separate document.
    Environmental Objective means an overall environmental goal of the 
organization which is verifiable.
    Environmental Performance means results of the data collected 
pursuant to implementation of the Environmental Management Plan as 
measured against policy, objectives and targets.
    Environmental Target means an environmental performance requirement 
of the organization which is quantifiable, where practicable, verifiable 
and designed to be achieved within a specified time frame.
    Hazardous Chemical means any chemical which is a physical hazard or 
a health hazard. A physical hazard means a chemical for which there is 
scientifically valid evidence that it is a combustible liquid, a 
compressed gas, explosive, flammable, an organic peroxide, an oxidizer, 
pyrophoric, unstable (reactive) or water-reactive. A health hazard means 
a chemical for which there is statistically significant evidence based 
on at least one study conducted in accordance with established 
scientific principles that acute or chronic health effects may occur in 
exposed employees. The term ``health hazard'' includes chemicals which 
are carcinogens, toxic or highly toxic agents, reproductive toxins, 
irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, 
neurotoxins, agents which act on the hematopoietic system and agents 
which damage the lungs, skin, eyes or mucous membranes.
    Hazardous Chemical of Concern means a chemical that the organization 
has identified as having the potential to be of significant risk to 
human health or the environment if not managed in accordance with 
procedures or practices defined by the organization.
    Hazardous Waste Accumulation Area means the on-site area at a 
University where the University will make a solid and hazardous waste 
determination with respect to laboratory wastes.
    In-Line Waste Collection means a system for the automatic collection 
of laboratory waste which is directly connected to or part of a 
laboratory scale activity and which is constructed or operated in a 
manner which prevents the release of any laboratory waste therein into 
the environment during collection.
    Laboratory means, for the purpose of this Subpart, an area within a 
facility where the laboratory use of hazardous chemicals occurs. It is a 
workplace where relatively small quantities of hazardous chemicals are 
used on a non-production basis. The physical extent of individual 
laboratories within an organization will be defined by the Environmental 
Management Plan. A laboratory may include more than a single room if the 
rooms are in the same building and under the common supervision of a 
laboratory supervisor.
    Laboratory Clean-Out means an evaluation of the chemical inventory 
of a laboratory as a result of laboratory renovation, relocation or a 
change in laboratory supervision that may result in the transfer of 
laboratory wastes to the hazardous waste accumulation area.
    Laboratory Environmental Management Standard means the provisions of 
this Subpart and includes the requirements for preparation of 
Environmental Management Plans and the inclusion of Minimum Performance 
Criteria within each Environmental Management Plan.
    Laboratory Scale means work with substances in which containers used 
for reactions, transfers and other handling of substances are designed 
to be safely and easily manipulated by one person. ``Laboratory Scale'' 
excludes those workplaces whose function is to produce commercial 
quantities of chemicals.
    Laboratory Waste means a hazardous chemical that results from 
laboratory

[[Page 321]]

scale activities and includes the following: excess or unused hazardous 
chemicals that may or may not be reused outside their laboratory of 
origin; hazardous chemicals determined to be RCRA hazardous waste as 
defined in 40 CFR Part 261; and hazardous chemicals that will be 
determined not to be RCRA hazardous waste pursuant to Sec. 262.106.
    Laboratory Worker means a person who is assigned to handle hazardous 
chemicals in the laboratory and may include researchers, students or 
technicians.
    Legal and Other Requirements means requirements imposed by, or as a 
result of, governmental permits, governmental laws and regulations, 
judicial and administrative enforcement orders, non-governmental legally 
enforceable contracts, research grants and agreements, certification 
specifications, formal voluntary commitments and organizational policies 
and standards.
    Senior Management means senior personnel with overall 
responsibility, authority and accountability for managing laboratory 
activities within the organization.
    Universities means the following academic institutions; University 
of Vermont, Boston College, and the University of Massachusetts Boston, 
which are participants in this Laboratory XL project and which are 
subject to the requirements set forth in this Subpart J.



Sec. 262.103  What is the scope of the laboratory environmental management 

standard?

    The Laboratory Environmental Management Standard will not affect or 
supersede any legal requirements other than those described in Sec. 
262.10(j). The requirements that continue to apply include, but are not 
limited to, OSHA, Fire Codes, wastewater permit limitations, emergency 
response notification provisions, or other legal requirements applicable 
to University laboratories.



Sec. 262.104  What are the minimum performance criteria?

    The Minimum Performance Criteria that each University must meet in 
managing its Laboratory Waste are:
    (a) Each University must label all laboratory waste with the general 
hazard class and either the words ``laboratory waste'' or with the 
chemical name of the contents. If the container is too small to hold a 
label, the label must be placed on a secondary container.
    (b) Each University may temporarily hold up to 55 gallons of 
laboratory waste or one quart of acutely hazardous laboratory waste, or 
weight equivalent, in each laboratory, but upon reaching these 
thresholds, each University must mark that laboratory waste with the 
date when this threshold requirement was met (by dating the container(s) 
or secondary container(s)).
    (c) Each university must remove all of the dated laboratory waste 
from the laboratory for delivery to a location identified in paragraph 
(i) of this section within 30 days of reaching the threshold amount 
identified in paragraph (b) of this section.
    (d) In no event shall the excess laboratory waste that a laboratory 
temporarily holds before dated laboratory waste is removed exceed an 
additional 55 gallons of laboratory waste (or one additional quart of 
acutely hazardous laboratory waste). No more than 110 gallons of 
laboratory waste total (or no more than two quarts of acutely hazardous 
laboratory waste total) may be temporarily held in a laboratory at any 
one time. Excess laboratory waste must be dated and removed in 
accordance with the requirements of paragraphs (b) and (c) of this 
section.
    (e) Containers of laboratory wastes must be:
    (1) Closed at all times except when wastes are being added to 
(including during in-line waste collection) or removed from the 
container;
    (2) Maintained in good condition and stored in the laboratory in a 
manner to avoid leaks;
    (3) Compatible with their contents to avoid reactions between the 
waste and its container; and must be made of, or lined with, materials 
which are compatible with the laboratory wastes to be temporarily held 
in the laboratory so that the container is not impaired; and
    (4) Inspected regularly (at least annually) to ensure that they meet 
requirements for container management.

[[Page 322]]

    (f) The management of laboratory waste must not result in the 
release of hazardous constituents into the land, air and water where 
such release is prohibited under federal law.
    (g) The requirements for emergency response are:
    (1) Each University must post notification procedures, location of 
emergency response equipment to be used by laboratory workers and 
evacuation procedures;
    (2) Emergency response equipment and procedures for emergency 
response must be appropriate to the hazards in the laboratory such that 
hazards to human health and the environment will be minimized in the 
event of an emergency;
    (3) In the event of a fire, explosion or other release of laboratory 
waste which could threaten human health or the environment, the 
laboratory worker must follow the notification procedures under 
paragraph (g)(1) of this section.
    (h) Each University must investigate, document, and take actions to 
correct and prevent future incidents of hazardous chemical spills, 
exposures and other incidents that trigger a reportable emergency or 
that require reporting under paragraph (g) of this section.
    (i) Each University may only transfer laboratory wastes from a 
laboratory:
    (1) Directly to an on-site designated hazardous waste accumulation 
area. Notwithstanding 40 CFR 263.10(a), each University must comply with 
requirements for transporters set forth in 40 CFR 263.30 and 263.31 in 
the event of a discharge of laboratory waste en route from a laboratory 
to an on-site hazardous waste accumulation area; or
    (2) To a treatment, storage or disposal (TSD) facility permitted to 
handle the waste under 40 CFR part 270 or in interim status under 40 CFR 
parts 265 and 270 (or authorized to handle the waste by a state with a 
hazardous waste management program approved under 40 CFR part 271) if it 
is determined in the laboratory by the individuals identified in Sec. 
262.105(b)(3) to be responsible for waste management decisions that the 
waste is a hazardous waste and that it is prudent to transfer it 
directly to a treatment, storage, and disposal facility rather than an 
on-site accumulation area.
    (j) Each University must ensure that laboratory workers receive 
training and are provided with information so that they can implement 
and comply with these Minimum Performance Criteria.



Sec. 262.105  What must be included in the laboratory environmental management 

plan?

    (a) Each University must include specific measures it will take to 
protect human health and the environment from hazards associated with 
the management of laboratory wastes and from the reuse, recycling or 
disposal of such materials outside the laboratory.
    (b) Each University must write, implement and comply with an 
Environmental Management Plan that includes the following:
    (1) The specific procedures to assure compliance with each of the 
Minimum Performance Criteria set forth in Sec. 262.104.
    (2) An environmental policy, or environmental, health and safety 
policy, signed by the University's senior management, which must include 
commitments to regulatory compliance, waste minimization, risk reduction 
and continual improvement of the environmental management system.
    (3) A description of roles and responsibilities for the 
implementation and maintenance of the Laboratory Environmental 
Management Plan.
    (4) A system for identifying and tracking legal and other 
requirements applicable to laboratory waste, including the procedures 
for providing updates to laboratory supervisors.
    (5) Criteria for the identification of physical and chemical hazards 
and the control measures to reduce the potential for releases of 
laboratory wastes to the environment, including engineering controls, 
the use of personal protective equipment and hygiene practices, 
containment strategies and other control measures.
    (6) A pollution prevention plan, including, but not limited to, 
roles and responsibilities, training, pollution prevention activities, 
and performance review.
    (7) A system for conducting and updating annual surveys of hazardous 
chemicals of concern and procedures

[[Page 323]]

for identifying acutely hazardous laboratory waste.
    (8) The procedures for conducting laboratory clean-outs with regard 
to the safe management and disposal of laboratory wastes.
    (9) The criteria that laboratory workers must comply with for 
managing, containing and labeling laboratory wastes, including: an 
evaluation of the need for and the use of any special containers or 
labeling circumstances, and the use of laboratory wastes secondary 
containers including packaging, bottles, or test tube racks.
    (10) The procedures relevant to the safe and timely removal of 
laboratory wastes from the laboratory.
    (11) The emergency preparedness and response procedures to be 
implemented for laboratory waste.
    (12) Provisions for information dissemination and training, provided 
for in paragraph (d) of this section.
    (13) The procedures for the development and approval of changes to 
the Environmental Management Plan.
    (14) The procedures and work practices for safely transferring or 
moving laboratory wastes from a laboratory to a location identified in 
Sec. 262.104(i).
    (15) The procedures for regularly inspecting a laboratory to assess 
conformance with the requirements of the Environmental Management Plan.
    (16) The procedures for the identification of environmental 
management plan noncompliance, and the assignment of responsibility, 
timelines and corrective actions to prevent their reoccurrence.
    (17) The record keeping requirements to document conformance with 
this Plan.
    (c) Organizational responsibilities for each university. Each 
University must:
    (1) Develop and oversee implementation of its Laboratory 
Environmental Management Plan.
    (2) Identify the following:
    (i) Annual environmental objectives and targets;
    (ii) Those laboratories covered by the requirements of the 
Laboratory Environmental Management Plan.
    (3) Assign roles and responsibilities for the effective 
implementation of the Environmental Management Plan.
    (4) Determine whether laboratory wastes are solid wastes under RCRA 
and, if so, whether they are hazardous.
    (5) Develop, implement, and maintain:
    (i) Policies, procedures and practices governing its compliance with 
the Environmental Management Plan and applicable federal and state 
hazardous waste regulations.
    (ii) Procedures to monitor and measure relevant conformance and 
environmental performance data for the purpose of supporting continual 
improvement of the Environmental Management Plan.
    (iii) Policies and procedures for managing environmental documents 
and records applicable to this Environmental Management Standard.
    (6) Ensure that:
    (i) Its Environmental Management Plan is available to laboratory 
workers, vendors, employee representatives, visitors, on-site 
contractors, and upon request, to governmental representatives.
    (ii) Personnel designated by each University to handle laboratory 
wastes and RCRA hazardous waste receive appropriate training.
    (iii) The Environmental Management Plan is reviewed at least 
annually by senior management to ensure its continuing suitability, 
adequacy and effectiveness. The reviews may include, but not be limited 
to, a consideration of monitoring and measuring information, Laboratory 
Environmental Management Standard performance data, assessment and audit 
results and other relevant information and data.
    (d) What are the Information and Training Requirements for Each 
University?
    (1) Each University must ensure that laboratory workers receive 
training and are provided with the information to understand and 
implement the elements of each University's Environmental Management 
Plan that are relevant to the laboratory workers' responsibilities.
    (2) When must each University ensure that laboratory workers receive 
training and information?
    (i) Each University must provide the information to each laboratory 
worker when he/she is first assigned to a work

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area where laboratory wastes may be generated.
    (ii) Each University must ensure that each laboratory worker has had 
training within six months of when he/she is first assigned to a work 
area where laboratory wastes may be generated. Each University must 
retrain a laboratory worker when a laboratory waste poses a new or 
unique hazard for which the laboratory worker has not received prior 
training and as frequently as needed to maintain knowledge of the 
procedures of the Environmental Management Plan.
    (3) Each University must provide an outline of training and specify 
who is to receive training in its Environmental Management Plan.
    (4) Each University must ensure that laboratory workers are informed 
of:
    (i) The contents of this Subpart and the Laboratory Environmental 
Management Plan(s) for the laboratory(ies) in which they will be 
performing work;
    (ii) The location and availability of the Environmental Management 
Plan;
    (iii) Emergency response measures applicable to laboratories;
    (iv) Signs and indicators of a hazardous substance release;
    (v) The location and availability of known reference materials 
relevant to implementation of the Environmental Management Plan; and
    (vi) Environmental training requirements applicable to laboratory 
workers.
    (5) Each University must ensure that Laboratory workers have 
received training in:
    (i) Methods and observations that may be used to detect the presence 
or release of a hazardous substance;
    (ii) The chemical and physical hazards associated with laboratory 
wastes in their work area;
    (iii) The relevant measures a laboratory worker can take to protect 
human health and the environment; and
    (iv) Details of the Environmental Management Plan sufficient to 
ensure they manage laboratory waste in accordance with the requirements 
of this Subpart.
    (6) Requirements pertaining to Laboratory visitors:
    (i) Laboratory visitors, such as on-site contractors or 
environmental vendors, that require information and training under this 
standard must be identified in the Environmental Management Plan.
    (ii) Laboratory visitors identified in the Environmental Management 
Plan must be informed of the existence and location of the Environmental 
Management Plan.
    (iii) Laboratory visitors identified in the Environmental Management 
Plan must be informed of relevant policies, procedures or work practices 
to ensure compliance with the requirements of the Environmental 
Management Plan.
    (7) Each University must define methods of providing objective 
evidence and records of training and information dissemination in its 
Environmental Management Plan.



Sec. 262.106  When must a hazardous waste determination be made?

    (a) For laboratory waste sent from a laboratory to an on-site 
hazardous waste accumulation area, each University must evaluate the 
laboratory wastes to determine whether they are solid wastes under RCRA 
and, if so, determine pursuant to Sec. 262.11 (a) through (d) whether 
they are hazardous wastes, as soon as the laboratory wastes reach the 
University's Hazardous Waste Accumulation area(s). At this point each 
University must determine whether the laboratory waste will be reused or 
whether it must be managed as RCRA solid or hazardous waste.
    (b) For laboratory waste that will be sent from a laboratory to a 
TSD facility permitted to handle the waste, each University must 
evaluate such laboratory wastes to determine whether they are solid 
wastes under RCRA and, if so, determine pursuant to Sec. 262.11 (a) 
through (d) whether they are hazardous wastes, prior to the 30-day 
deadline for removing dated laboratory waste from the laboratory.
    (c) Laboratory waste that is determined to be hazardous waste is no 
longer subject to the provisions of this subpart and must be managed in 
accordance with all applicable provisions of 40 CFR Parts 260 through 
270.

[[Page 325]]



Sec. 262.107  Under what circumstances will a university's participation in 

this environmental management standard pilot be terminated?

    (a) EPA retains the right to terminate a University's participation 
in this Laboratory XL project if the University:
    (1) Is in non-compliance with the Minimum Performance Criteria in 
Sec. 262.104; or
    (2) Has actual environmental management practices in the laboratory 
that do not conform to its Environmental Management Plan; or
    (3) Is in non-compliance with the Hazardous Waste Determination 
requirements of Sec. 262.106.
    (b) In the event of termination, EPA will provide the University 
with 15 days written notice of its intent to terminate. During this 
period, which commences upon receipt of the notice, the University will 
have the opportunity to come back into compliance with the Minimum 
Performance Criteria, its Environmental Management Plan, or the 
requirements for making a hazardous waste determination at Sec. 262.106 
or to provide a written explanation as to why it was not in compliance 
and how it intends to return to compliance. If, upon review of the 
University's written explanation, EPA then re-issues a written notice 
terminating the University from this XL Project, the provisions of 
paragraph (c) of this section will immediately apply and the University 
shall have 90 days to come into compliance with the applicable RCRA 
requirements deferred by Sec. 262.10(j). During the 90-day transition 
period, the provisions of this subpart shall continue to apply to the 
University.
    (c) If a University withdraws from this XL project, or receives a 
notice of termination pursuant to this section, it must submit to EPA 
and the state a schedule for returning to full compliance with RCRA 
requirements at the laboratory level. The schedule must show how the 
University will return to full compliance with RCRA within 90 days from 
the date of the notice of termination or withdrawal.



Sec. 262.108  When will this subpart expire?

    This subpart will expire on April 15, 2009.

[71 FR 35550, June 21, 2006]



Subpart K_Alternative Requirements for Hazardous Waste Determination and 
  Accumulation of Unwanted Material for Laboratories Owned by Eligible 
                            Academic Entities

    Source: 73 72954, Dec. 1, 2008, unless otherwise noted.



Sec. 262.200  Definitions for this subpart.

    The following definitions apply to this subpart:
    Central accumulation area means an on-site hazardous waste 
accumulation area subject to either Sec. 262.34(a) (or 262.34(j) and 
(k) for Performance Track members) of this part (large quantity 
generators); or Sec. 262.34(d)-(f) of this part (small quantity 
generators). A central accumulation area at an eligible academic entity 
that chooses to be subject to this subpart must also comply with Sec. 
262.211 when accumulating unwanted material and/or hazardous waste.
    College/University means a private or public, post-secondary, 
degree-granting, academic institution, that is accredited by an 
accrediting agency listed annually by the U.S. Department of Education.
    Eligible academic entity means a college or university, or a non-
profit research institute that is owned by or has a formal written 
affiliation agreement with a college or university, or a teaching 
hospital that is owned by or has a formal written affiliation agreement 
with a college or university.
    Formal written affiliation agreement for a non-profit research 
institute means a written document that establishes a relationship 
between institutions for the purposes of research and/or education and 
is signed by authorized representatives, as defined by Sec. 260.10, 
from each institution. A relationship on a project-by-project or grant-
by-grant basis is not considered a formal written affiliation agreement. 
A formal written

[[Page 326]]

affiliation agreement for a teaching hospital means a master affiliation 
agreement and program letter of agreement, as defined by the 
Accreditation Council for Graduate Medical Education, with an accredited 
medical program or medical school.
    Laboratory means an area owned by an eligible academic entity where 
relatively small quantities of chemicals and other substances are used 
on a non-production basis for teaching or research (or diagnostic 
purposes at a teaching hospital) and are stored and used in containers 
that are easily manipulated by one person. Photo laboratories, art 
studios, and field laboratories are considered laboratories. Areas such 
as chemical stockrooms and preparatory laboratories that provide a 
support function to teaching or research laboratories (or diagnostic 
laboratories at teaching hospitals) are also considered laboratories.
    Laboratory clean-out means an evaluation of the inventory of 
chemicals and other materials in a laboratory that are no longer needed 
or that have expired and the subsequent removal of those chemicals or 
other unwanted materials from the laboratory. A clean-out may occur for 
several reasons. It may be on a routine basis (e.g., at the end of a 
semester or academic year) or as a result of a renovation, relocation, 
or change in laboratory supervisor/occupant. A regularly scheduled 
removal of unwanted material as required by Sec. 262.208 does not 
qualify as a laboratory clean-out.
    Laboratory worker means a person who handles chemicals and/or 
unwanted material in a laboratory and may include, but is not limited 
to, faculty, staff, post-doctoral fellows, interns, researchers, 
technicians, supervisors/managers, and principal investigators. A person 
does not need to be paid or otherwise compensated for his/her work in 
the laboratory to be considered a laboratory worker. Undergraduate and 
graduate students in a supervised classroom setting are not laboratory 
workers.
    Non-profit research institute means an organization that conducts 
research as its primary function and files as a non-profit organization 
under the tax code of 26 U.S.C. 501(c)(3).
    Reactive acutely hazardous unwanted material means an unwanted 
material that is one of the acutely hazardous commercial chemical 
products listed in Sec. 261.33(e) for reactivity.
    Teaching hospital means a hospital that trains students to become 
physicians, nurses or other health or laboratory personnel.
    Trained professional means a person who has completed the applicable 
RCRA training requirements of Sec. 265.16 for large quantity 
generators, or is knowledgeable about normal operations and emergencies 
in accordance with Sec. 262.34(d)(5)(iii) for small quantity generators 
and conditionally exempt small quantity generators. A trained 
professional may be an employee of the eligible academic entity or may 
be a contractor or vendor who meets the requisite training requirements.
    Unwanted material means any chemical, mixtures of chemicals, 
products of experiments or other material from a laboratory that is no 
longer needed, wanted or usable in the laboratory and that is destined 
for hazardous waste determination by a trained professional. Unwanted 
materials include reactive acutely hazardous unwanted materials and 
materials that may eventually be determined not to be solid waste 
pursuant to Sec. 261.2, or a hazardous waste pursuant to Sec. 261.3. 
If an eligible academic entity elects to use another equally effective 
term in lieu of ``unwanted material,'' as allowed by Sec. 
262.206(a)(1)(i), the equally effective term has the same meaning and is 
subject to the same requirements as ``unwanted material'' under this 
subpart.
    Working container means a small container (i.e., two gallons or 
less) that is in use at a laboratory bench, hood, or other work station, 
to collect unwanted material from a laboratory experiment or procedure.



Sec. 262.201  Applicability of this subpart.

    (a) Large quantity generators and small quantity generators. This 
subpart provides alternative requirements to the requirements in 
Sec. Sec. 262.11 and 262.34(c) for the hazardous waste determination 
and accumulation of hazardous waste in laboratories owned by eligible 
academic entities that choose to be subject to this subpart, provided

[[Page 327]]

that they complete the notification requirements of Sec. 262.203.
    (b) Conditionally exempt small quantity generators. This subpart 
provides alternative requirements to the conditional exemption in Sec. 
261.5(b) for the accumulation of hazardous waste in laboratories owned 
by eligible academic entities that choose to be subject to this subpart, 
provided that they complete the notification requirements of Sec. 
262.203.



Sec. 262.202  This subpart is optional.

    (a) Large quantity generators and small quantity generators: 
Eligible academic entities have the option of complying with this 
subpart with respect to its laboratories, as an alternative to complying 
with the requirements of Sec. Sec. 262.11 and 262.34(c).
    (b) Conditionally exempt small quantity generators. Eligible 
academic entities have the option of complying with this subpart with 
respect to its laboratories, as an alternative to complying with the 
conditional exemption of Sec. 261.5(b).



Sec. 262.203  How an eligible academic entity indicates it will be subject to 

the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA 
Regional Administrator in writing, using the RCRA Subtitle C Site 
Identification Form (EPA Form 8700-12), that it is electing to be 
subject to the requirements of this subpart for all the laboratories 
owned by the eligible academic entity under the same EPA Identification 
Number. An eligible academic entity that is a conditionally exempt small 
quantity generator and does not have an EPA Identification Number must 
notify that it is electing to be subject to the requirements of this 
subpart for all the laboratories owned by the eligible academic entity 
that are on-site, as defined by Sec. 260.10. An eligible academic 
entity must submit a separate notification (Site Identification Form) 
for each EPA Identification Number (or site, for conditionally exempt 
small quantity generators) that is electing to be subject to the 
requirements of this subpart, and must submit the Site Identification 
Form before it begins operating under this subpart.
    (b) When submitting the Site Identification Form, the eligible 
academic entity must, at a minimum, fill out the following fields on the 
form:
    (1) Reason for Submittal.
    (2) Site EPA Identification Number (except for conditionally exempt 
small quantity generators).
    (3) Site Name.
    (4) Site Location Information.
    (5) Site Land Type.
    (6) North American Industry Classification System (NAICS) Code(s) 
for the Site.
    (7) Site Mailing Address.
    (8) Site Contact Person.
    (9) Operator and Legal Owner of the Site.
    (10) Type of Regulated Waste Activity.
    (11) Certification.
    (c) An eligible academic entity must keep a copy of the notification 
on file at the eligible academic entity for as long as its laboratories 
are subject to this subpart.
    (d) A teaching hospital that is not owned by a college or university 
must keep a copy of its formal written affiliation agreement with a 
college or university on file at the teaching hospital for as long as 
its laboratories are subject to this subpart.
    (e) A non-profit research institute that is not owned by a college 
or university must keep a copy of its formal written affiliation 
agreement with a college or university on file at the non-profit 
research institute for as long as its laboratories are subject to this 
subpart.



Sec. 262.204  How an eligible academic entity indicates it will withdraw from 

the requirements of this subpart.

    (a) An eligible academic entity must notify the appropriate EPA 
Regional Administrator in writing, using the RCRA Subtitle C Site 
Identification Form (EPA Form 8700-12), that it is electing to no longer 
be subject to the requirements of this subpart for all the laboratories 
owned by the eligible academic entity under the same EPA Identification 
Number and that it will comply with the requirements of Sec. Sec. 
262.11

[[Page 328]]

and 262.34(c) for small quantity generators and large quantity 
generators. An eligible academic entity that is a conditionally exempt 
small quantity generator and does not have an EPA Identification Number 
must notify that it is withdrawing from the requirements of this subpart 
for all the laboratories owned by the eligible academic entity that are 
on-site and that it will comply with the conditional exemption in Sec. 
261.5(b). An eligible academic entity must submit a separate 
notification (Site Identification Form) for each EPA Identification 
Number (or site, for conditionally exempt small quantity generators) 
that is withdrawing from the requirements of this subpart and must 
submit the Site Identification Form before it begins operating under the 
requirements of Sec. Sec. 262.11 and 262.34(c) for small quantity 
generators and large quantity generators, or Sec. 261.5(b) for 
conditionally exempt small quantity generators.
    (b) When submitting the Site Identification Form, the eligible 
academic entity must, at a minimum, fill out the following fields on the 
form:
    (1) Reason for Submittal.
    (2) Site EPA Identification Number (except for conditionally exempt 
small quantity generators).
    (3) Site Name.
    (4) Site Location Information.
    (5) Site Land Type.
    (6) North American Industry Classification System (NAICS) Code(s) 
for the Site.
    (7) Site Mailing Address.
    (8) Site Contact Person.
    (9) Operator and Legal Owner of the Site.
    (10) Type of Regulated Waste Activity.
    (11) Certification.
    (c) An eligible academic entity must keep a copy of the withdrawal 
notice on file at the eligible academic entity for three years from the 
date of the notification.



Sec. 262.205  Summary of the requirements of this subpart.

    An eligible academic entity that chooses to be subject to this 
subpart is not required to have interim status or a RCRA Part B permit 
for the accumulation of unwanted material and hazardous waste in its 
laboratories, provided the laboratories comply with the provisions of 
this subpart and the eligible academic entity has a Laboratory 
Management Plan (LMP) in accordance with Sec. 262.214 that describes 
how the laboratories owned by the eligible academic entity will comply 
with the requirements of this subpart.



Sec. 262.206  Labeling and management standards for containers of unwanted 

material in the laboratory.

    An eligible academic entity must manage containers of unwanted 
material while in the laboratory in accordance with the requirements in 
this section.
    (a) Labeling: Label unwanted material as follows:
    (1) The following information must be affixed or attached to the 
container:
    (i) The words ``unwanted material'' or another equally effective 
term that is to be used consistently by the eligible academic entity and 
that is identified in Part I of the Laboratory Management Plan, and
    (ii) Sufficient information to alert emergency responders to the 
contents of the container. Examples of information that would be 
sufficient to alert emergency responders to the contents of the 
container include, but are not limited to:
    (A) The name of the chemical(s),
    (B) The type or class of chemical, such as organic solvents or 
halogenated organic solvents.
    (2) The following information may be affixed or attached to the 
container, but must at a minimum be associated with the container:
    (i) The date that the unwanted material first began accumulating in 
the container, and
    (ii) Information sufficient to allow a trained professional to 
properly identify whether an unwanted material is a solid and hazardous 
waste and to assign the proper hazardous waste code(s), pursuant to 
Sec. 262.11. Examples of information that would allow a trained 
professional to properly identify whether an unwanted material is a 
solid or hazardous waste include, but are not limited to:
    (A) The name and/or description of the chemical contents or 
composition

[[Page 329]]

of the unwanted material, or, if known, the product of the chemical 
reaction,
    (B) Whether the unwanted material has been used or is unused,
    (C) A description of the manner in which the chemical was produced 
or processed, if applicable.
    (b) Management of Containers in the Laboratory: An eligible academic 
entity must properly manage containers of unwanted material in the 
laboratory to assure safe storage of the unwanted material, to prevent 
leaks, spills, emissions to the air, adverse chemical reactions, and 
dangerous situations that may result in harm to human health or the 
environment. Proper container management must include the following:
    (1) Containers are maintained and kept in good condition and damaged 
containers are replaced, overpacked, or repaired, and
    (2) Containers are compatible with their contents to avoid reactions 
between the contents and the container; and are made of, or lined with, 
material that is compatible with the unwanted material so that the 
container's integrity is not impaired, and
    (3) Containers must be kept closed at all times, except:
    (i) When adding, removing or consolidating unwanted material, or
    (ii) A working container may be open until the end of the procedure 
or work shift, or until it is full, whichever comes first, at which time 
the working container must either be closed or the contents emptied into 
a separate container that is then closed, or
    (iii) When venting of a container is necessary.
    (A) For the proper operation of laboratory equipment, such as with 
in-line collection of unwanted materials from high performance liquid 
chromatographs, or
    (B) To prevent dangerous situations, such as build-up of extreme 
pressure.



Sec. 262.207  Training.

    An eligible academic entity must provide training to all individuals 
working in a laboratory at the eligible academic entity, as follows:
    (a) Training for laboratory workers and students must be 
commensurate with their duties so they understand the requirements in 
this subpart and can implement them.
    (b) An eligible academic entity can provide training for laboratory 
workers and students in a variety of ways, including, but not limited 
to:
    (1) Instruction by the professor or laboratory manager before or 
during an experiment; or
    (2) Formal classroom training; or
    (3) Electronic/written training; or
    (4) On-the-job training; or
    (5) Written or oral exams.
    (c) An eligible academic entity that is a large quantity generator 
must maintain documentation for the durations specified in Sec. 
265.16(e) demonstrating training for all laboratory workers that is 
sufficient to determine whether laboratory workers have been trained. 
Examples of documentation demonstrating training can include, but are 
not limited to, the following:
    (1) Sign-in/attendance sheet(s) for training session(s); or
    (2) Syllabus for training session; or
    (3) Certificate of training completion; or
    (4) Test results.
    (d) A trained professional must:
    (1) Accompany the transfer of unwanted material and hazardous waste 
when the unwanted material and hazardous waste is removed from the 
laboratory, and
    (2) Make the hazardous waste determination, pursuant to Sec. 
262.11, for unwanted material.



Sec. 262.208  Removing containers of unwanted material from the laboratory.

    (a) Removing containers of unwanted material on a regular schedule. 
An eligible academic entity must either:
    (1) Remove all containers of unwanted material from each laboratory 
on a regular interval, not to exceed 6 months; or
    (2) Remove containers of unwanted material from each laboratory 
within 6 months of each container's accumulation start date.
    (b) The eligible academic entity must specify in Part I of its 
Laboratory Management Plan whether it will comply with paragraph (a)(1) 
or (a)(2) of this section for the regular removal of

[[Page 330]]

unwanted material from its laboratories.
    (c) The eligible academic entity must specify in Part II of its 
Laboratory Management Plan how it will comply with paragraph (a)(1) or 
(a)(2) of this section and develop a schedule for regular removals of 
unwanted material from its laboratories.
    (d) Removing containers of unwanted material when volumes are 
exceeded.
    (1) If a laboratory accumulates a total volume of unwanted material 
(including reactive acutely hazardous unwanted material) in excess of 55 
gallons before the regularly scheduled removal, the eligible academic 
entity must ensure that all containers of unwanted material in the 
laboratory (including reactive acutely hazardous unwanted material):
    (i) Are marked on the label that is associated with the container 
(or on the label that is affixed or attached to the container, if that 
is preferred) with the date that 55 gallons is exceeded; and
    (ii) Are removed from the laboratory within 10 calendar days of the 
date that 55 gallons was exceeded, or at the next regularly scheduled 
removal, whichever comes first.
    (2) If a laboratory accumulates more than 1 quart of reactive 
acutely hazardous unwanted material before the regularly scheduled 
removal, then the eligible academic entity must ensure that all 
containers of reactive acutely hazardous unwanted material:
    (i) Are marked on the label that is associated with the container 
(or on the label that is affixed or attached to the container, if that 
is preferred) with the date that 1 quart is exceeded; and
    (ii) Are removed from the laboratory within 10 calendar days of the 
date that 1 quart was exceeded, or at the next regularly scheduled 
removal, whichever comes first.



Sec. 262.209  Where and when to make the hazardous waste determination and 

where to send containers of unwanted material upon removal from the 

laboratory.

    (a) Large quantity generators and small quantity generators--an 
eligible academic entity must ensure that a trained professional makes a 
hazardous waste determination, pursuant to Sec. 262.11, for unwanted 
material in any of the following areas:
    (1) In the laboratory before the unwanted material is removed from 
the laboratory, in accordance with Sec. 262.210;
    (2) Within 4 calendar days of arriving at an on-site central 
accumulation area, in accordance with Sec. 262.211; and
    (3) Within 4 calendar days of arriving at an on-site interim status 
or permitted treatment, storage or disposal facility, in accordance with 
Sec. 262.212.
    (b) Conditionally exempt small quantity generators--an eligible 
academic entity must ensure that a trained professional makes a 
hazardous waste determination, pursuant to Sec. 262.11, for unwanted 
material in the laboratory before the unwanted material is removed from 
the laboratory, in accordance with Sec. 262.210.



Sec. 262.210  Making the hazardous waste determination in the laboratory 

before the unwanted material is removed from the laboratory.

    If an eligible academic entity makes the hazardous waste 
determination, pursuant to Sec. 262.11, for unwanted material in the 
laboratory, it must comply with the following:
    (a) A trained professional must make the hazardous waste 
determination, pursuant to Sec. 262.11, before the unwanted material is 
removed from the laboratory.
    (b) If an unwanted material is a hazardous waste, the eligible 
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that 
is affixed or attached to the container, before the hazardous waste may 
be removed from the laboratory; and
    (2) Write the appropriate hazardous waste code(s) on the label that 
is associated with the container (or on the label that is affixed or 
attached to the container, if that is preferred) before the hazardous 
waste is transported off-site.
    (3) Count the hazardous waste toward the eligible academic entity's 
generator status, pursuant to Sec. 261.5(c) and (d), in the calendar 
month that the hazardous waste determination was made.
    (c) A trained professional must accompany all hazardous waste that 
is transferred from the laboratory(ies) to

[[Page 331]]

an on-site central accumulation area or on-site interim status or 
permitted treatment, storage or disposal facility.
    (d) When hazardous waste is removed from the laboratory:
    (1) Large quantity generators and small quantity generators must 
ensure it is taken directly from the laboratory(ies) to an on-site 
central accumulation area, or on-site interim status or permitted 
treatment, storage or disposal facility, or transported off-site.
    (2) Conditionally exempt small quantity generators must ensure it is 
taken directly from the laboratory(ies) to any of the types of 
facilities listed in Sec. 261.5(f)(3) for acute hazardous waste, or 
Sec. 261.5(g)(3) for hazardous waste.
    (e) An unwanted material that is a hazardous waste is subject to all 
applicable hazardous waste regulations when it is removed from the 
laboratory.



Sec. 262.211  Making the hazardous waste determination at an on-site central 

accumulation area.

    If an eligible academic entity makes the hazardous waste 
determination, pursuant to Sec. 262.11, for unwanted material at an on-
site central accumulation area, it must comply with the following:
    (a) A trained professional must accompany all unwanted material that 
is transferred from the laboratory(ies) to an on-site central 
accumulation area.
    (b) All unwanted material removed from the laboratory(ies) must be 
taken directly from the laboratory(ies) to the on-site central 
accumulation area.
    (c) The unwanted material becomes subject to the generator 
accumulation regulations of Sec. 262.34(a) (or Sec. 262.34(j) and (k) 
for Performance Track members) for large quantity generators or Sec. 
262.34(d)-(f) for small quantity generators as soon as it arrives in the 
central accumulation area, except for the ``hazardous waste'' labeling 
requirements of Sec. 262.34(a)(3) (or Sec. 262.34(j)(6) for 
Performance Track members).
    (d) A trained professional must determine, pursuant to Sec. 262.11, 
if the unwanted material is a hazardous waste within 4 calendar days of 
the unwanted materials' arrival at the on-site central accumulation 
area.
    (e) If the unwanted material is a hazardous waste, the eligible 
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that 
is affixed or attached to the container, within 4 calendar days of 
arriving at the on-site central accumulation area and before the 
hazardous waste may be removed from the on-site central accumulation 
area, and
    (2) Write the appropriate hazardous waste code(s) on the container 
label that is associated with the container (or on the label that is 
affixed or attached to the container, if that is preferred) before the 
hazardous waste may be treated or disposed of on-site or transported 
off-site, and
    (3) Count the hazardous waste toward the eligible academic entity's 
generator status, pursuant to Sec. 261.5(c) and (d) in the calendar 
month that the hazardous waste determination was made, and
    (4) Manage the hazardous waste according to all applicable hazardous 
waste regulations.



Sec. 262.212  Making the hazardous waste determination at an on-site interim 

status or permitted treatment, storage or disposal facility.

    If an eligible academic entity makes the hazardous waste 
determination, pursuant to Sec. 262.11, for unwanted material at an on-
site interim status or permitted treatment, storage or disposal 
facility, it must comply with the following:
    (a) A trained professional must accompany all unwanted material that 
is transferred from the laboratory(ies) to an on-site interim status or 
permitted treatment, storage or disposal facility.
    (b) All unwanted material removed from the laboratory(ies) must be 
taken directly from the laboratory(ies) to the on-site interim status or 
permitted treatment, storage or disposal facility.
    (c) The unwanted material becomes subject to the terms of the 
eligible academic entity's hazardous waste permit or interim status as 
soon as it arrives in the on-site treatment, storage or disposal 
facility.
    (d) A trained professional must determine, pursuant to Sec. 262.11, 
if the unwanted material is a hazardous waste

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within 4 calendar days of the unwanted materials' arrival at an on-site 
interim status or permitted treatment, storage or disposal facility.
    (e) If the unwanted material is a hazardous waste, the eligible 
academic entity must:
    (1) Write the words ``hazardous waste'' on the container label that 
is affixed or attached to the container (or on the label that is affixed 
or attached to the container, if that is preferred) within 4 calendar 
days of arriving at the on-site interim status or permitted treatment, 
storage or disposal facility and before the hazardous waste may be 
removed from the on-site interim status or permitted treatment, storage 
or disposal facility, and
    (2) Write the appropriate hazardous waste code(s) on the container 
label that is associated with the container (or on the label that is 
affixed or attached to the container, if that is preferred) before the 
hazardous waste may be treated or disposed on-site or transported off-
site, and
    (3) Count the hazardous waste toward the eligible academic entity's 
generator status, pursuant to Sec. 261.5(c) and (d) in the calendar 
month that the hazardous waste determination was made, and
    (4) Manage the hazardous waste according to all applicable hazardous 
waste regulations.



Sec. 262.213  Laboratory clean-outs.

    (a) One time per 12 month period for each laboratory, an eligible 
academic entity may opt to conduct a laboratory clean-out that is 
subject to all the applicable requirements of this subpart, except that:
    (1) If the volume of unwanted material in the laboratory exceeds 55 
gallons (or 1 quart of reactive acutely hazardous unwanted material), 
the eligible academic entity is not required to remove all unwanted 
materials from the laboratory within 10 calendar days of exceeding 55 
gallons (or 1 quart of reactive acutely hazardous unwanted material), as 
required by Sec. 262.208. Instead, the eligible academic entity must 
remove all unwanted materials from the laboratory within 30 calendar 
days from the start of the laboratory clean-out; and
    (2) For the purposes of on-site accumulation, an eligible academic 
entity is not required to count a hazardous waste that is an unused 
commercial chemical product (listed in 40 CFR part 261, subpart D or 
exhibiting one or more characteristics in 40 CFR part 261, subpart C) 
generated solely during the laboratory clean-out toward its hazardous 
waste generator status, pursuant to Sec. 261.5(c) and (d). An unwanted 
material that is generated prior to the beginning of the laboratory 
clean-out and is still in the laboratory at the time the laboratory 
clean-out commences must be counted toward hazardous waste generator 
status, pursuant to Sec. 261.5(c) and (d), if it is determined to be 
hazardous waste; and
    (3) For the purposes of off-site management, an eligible academic 
entity must count all its hazardous waste, regardless of whether the 
hazardous waste was counted toward generator status under paragraph 
(a)(2) of this section, and if it generates more than 1 kg/month of 
acute hazardous waste or more than 100 kg/month of hazardous waste 
(i.e., the conditionally exempt small quantity generator limits of Sec. 
261.5), the hazardous waste is subject to all applicable hazardous waste 
regulations when it is transported off-site; and
    (4) An eligible academic entity must document the activities of the 
laboratory clean-out. The documentation must, at a minimum, identify the 
laboratory being cleaned out, the date the laboratory clean-out begins 
and ends, and the volume of hazardous waste generated during the 
laboratory clean-out. The eligible academic entity must maintain the 
records for a period of three years from the date the clean-out ends; 
and
    (b) For all other laboratory clean-outs conducted during the same 
12-month period, an eligible academic entity is subject to all the 
applicable requirements of this subpart, including, but not limited to:
    (1) The requirement to remove all unwanted materials from the 
laboratory within 10 calendar days of exceeding 55 gallons (or 1 quart 
of reactive acutely hazardous unwanted material), as required by Sec. 
262.208; and

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    (2) The requirement to count all hazardous waste, including unused 
hazardous waste, generated during the laboratory clean-out toward its 
hazardous waste generator status, pursuant to Sec. 261.5(c) and (d).



Sec. 262.214  Laboratory management plan.

    An eligible academic entity must develop and retain a written 
Laboratory Management Plan, or revise an existing written plan. The 
Laboratory Management Plan is a site-specific document that describes 
how the eligible academic entity will manage unwanted materials in 
compliance with this subpart. An eligible academic entity may write one 
Laboratory Management Plan for all the laboratories owned by the 
eligible academic entity that have opted into this subpart, even if the 
laboratories are located at sites with different EPA Identification 
Numbers. The Laboratory Management Plan must contain two parts with a 
total of nine elements identified in paragraphs (a) and (b) of this 
section. In Part I of its Laboratory Management Plan, an eligible 
academic entity must describe its procedures for each of the elements 
listed in paragraph (a) of this section. An eligible academic entity 
must implement and comply with the specific provisions that it develops 
to address the elements in Part I of the Laboratory Management Plan. In 
Part II of its Laboratory Management Plan, an eligible academic entity 
must describe its best management practices for each of the elements 
listed in paragraph (b) of this section. The specific actions taken by 
an eligible academic entity to implement each element in Part II of its 
Laboratory Management Plan may vary from the procedures described in the 
eligible academic entity's Laboratory Management Plan, without 
constituting a violation of this subpart. An eligible academic entity 
may include additional elements and best management practices in Part II 
of its Laboratory Management Plan if it chooses.
    (a) The eligible academic entity must implement and comply with the 
specific provisions of Part I of its Laboratory Management Plan. In Part 
I of its Laboratory Management Plan, an eligible academic entity must:
    (1) Describe procedures for container labeling in accordance with 
Sec. 262.206(a), including:
    (i) Identifying whether the eligible academic entity will use the 
term ``unwanted material'' on the containers in the laboratory. If not, 
identify an equally effective term that will be used in lieu of 
``unwanted material'' and consistently by the eligible academic entity. 
The equally effective term, if used, has the same meaning and is subject 
to the same requirements as ``unwanted material.''
    (ii) Identifying the manner in which information that is 
``associated with the container'' will be imparted.
    (2) Identify whether the eligible academic entity will comply with 
Sec. 262.208(a)(1) or (a)(2) for regularly scheduled removals of 
unwanted material from the laboratory.
    (b) In Part II of its Laboratory Management Plan, an eligible 
academic entity must:
    (1) Describe its intended best practices for container labeling and 
management, including how the eligible academic entity will manage 
containers used for in-line collection of unwanted materials, such as 
with high performance liquid chromatographs and other laboratory 
equipment (see the required standards at Sec. 262.206).
    (2) Describe its intended best practices for providing training for 
laboratory workers and students commensurate with their duties (see the 
required standards at Sec. 262.207(a)).
    (3) Describe its intended best practices for providing training to 
ensure safe on-site transfers of unwanted material and hazardous waste 
by trained professionals (see the required standards at Sec. 
262.207(d)(1)).
    (4) Describe its intended best practices for removing unwanted 
material from the laboratory, including:
    (i) For regularly scheduled removals--Develop a regular schedule for 
identifying and removing unwanted materials from its laboratories (see 
the required standards at Sec. 262.208(a)(1) and (a)(2)).
    (ii) For removals when maximum volumes are exceeded:

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    (A) Describe its intended best practices for removing unwanted 
materials from the laboratory within 10 calendar days when unwanted 
materials have exceeded their maximum volumes (see the required 
standards at Sec. 262.208(d)).
    (B) Describe its intended best practices for communicating that 
unwanted materials have exceeded their maximum volumes.
    (5) Describe its intended best practices for making hazardous waste 
determinations, including specifying the duties of the individuals 
involved in the process (see the required standards at Sec. 262.11 and 
Sec. Sec. 262.209 through 262.212).
    (6) Describe its intended best practices for laboratory clean-outs, 
if the eligible academic entity plans to use the incentives for 
laboratory clean-outs provided in Sec. 262.213, including:
    (i) Procedures for conducting laboratory clean-outs (see the 
required standards at Sec. 262.213(a)(1) through (3)); and
    (ii) Procedures for documenting laboratory clean-outs (see the 
required standards at Sec. 262.213(a)(4)).
    (7) Describe its intended best practices for emergency prevention, 
including:
    (i) Procedures for emergency prevention, notification, and response, 
appropriate to the hazards in the laboratory; and
    (ii) A list of chemicals that the eligible academic entity has, or 
is likely to have, that become more dangerous when they exceed their 
expiration date and/or as they degrade; and
    (iii) Procedures to safely dispose of chemicals that become more 
dangerous when they exceed their expiration date and/or as they degrade; 
and
    (iv) Procedures for the timely characterization of unknown 
chemicals.
    (c) An eligible academic entity must make its Laboratory Management 
Plan available to laboratory workers, students, or any others at the 
eligible academic entity who request it.
    (d) An eligible academic entity must review and revise its 
Laboratory Management Plan, as needed.



Sec. 262.215  Unwanted material that is not solid or hazardous waste.

    (a) If an unwanted material does not meet the definition of solid 
waste in Sec. 261.2, it is no longer subject to this subpart or to the 
RCRA hazardous waste regulations.
    (b) If an unwanted material does not meet the definition of 
hazardous waste in Sec. 261.3, it is no longer subject to this subpart 
or to the RCRA hazardous waste regulations, but must be managed in 
compliance with any other applicable regulations and/or conditions.



Sec. 262.216  Non-laboratory hazardous waste generated at an eligible academic 

entity.

    An eligible academic entity that generates hazardous waste outside 
of a laboratory is not eligible to manage that hazardous waste under 
this subpart; and
    (a) Remains subject to the generator requirements of Sec. Sec. 
262.11 and 262.34(c) for large quantity generators and small quantity 
generators (if the hazardous waste is managed in a satellite 
accumulation area), and all other applicable generator requirements of 
40 CFR part 262, with respect to that hazardous waste; or
    (b) Remains subject to the conditional exemption of Sec. 261.5(b) 
for conditionally exempt small quantity generators, with respect to that 
hazardous waste.



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

                          U.S. EPA Form 8700-22

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

[[Page 335]]

[GRAPHIC] [TIFF OMITTED] TR16JN05.012

                            Manifest 8700-22

    The following statement must be included with each Uniform Hazardous 
Waste Manifest, either on the form, in the instructions to the form, or 
accompanying the form:
    Public reporting burden for this collection of information is 
estimated to average: 30 minutes for generators, 10 minutes for 
transporters, and 25 minutes for owners or operators of treatment, 
storage, and disposal facilities. This includes time for reviewing 
instructions, gathering data, completing, reviewing and transmitting the 
form. Any correspondence regarding the PRA burden statement for the 
manifest must be sent to

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the Director of the Collection Strategies Division in EPA's Office of 
Information Collection at the following address: U.S. Environmental 
Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Do not send the completed form to this address.

                     I. Instructions for Generators

                            Manifest 8700-22

    The following statement must be included with each Uniform Hazardous 
Waste Manifest, either on the form, in the instructions to the form, or 
accompanying the form:
    Public reporting burden for this collection of information is 
estimated to average: 30 minutes for generators, 10 minutes for 
transporters, and 25 minutes for owners or operators of treatment, 
storage, and disposal facilities. This includes time for reviewing 
instructions, gathering data, completing, reviewing and transmitting the 
form. Send comments regarding the burden estimate, including suggestions 
for reducing this burden, to: Chief, Information Policy Branch (2136), 
U.S. Environmental Protection Agency, Ariel Rios Building; 1200 
Pennsylvania Ave., NW., Washington, DC 20460; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503.

                     I. Instructions for Generators

           Item 1. Generator's U.S. EPA Identification Number

    Enter the generator's U.S. EPA twelve digit identification number, 
or the State generator identification number if the generator site does 
not have an EPA identification number.

                          Item 2. Page 1 of --

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

                 Item 3. Emergency Response Phone Number

    Enter a phone number for which emergency response information can be 
obtained in the event of an incident during transportation. The 
emergency response phone number must:
    1. Be the number of the generator or the number of an agency or 
organization who is capable of and accepts responsibility for providing 
detailed information about the shipment;
    2. Reach a phone that is monitored 24 hours a day at all times the 
waste is in transportation (including transportation related storage); 
and
    3. Reach someone who is either knowledgeable of the hazardous waste 
being shipped and has comprehensive emergency response and spill 
cleanup/incident mitigation information for the material being shipped 
or has immediate access to a person who has that knowledge and 
information about the shipment.
    Note: Emergency Response phone number information should only be 
entered in Item 3 when there is one phone number that applies to all the 
waste materials described in Item 9b. If a situation (e.g., consolidated 
shipments) arises where more than one Emergency Response phone number 
applies to the various wastes listed on the manifest, the phone numbers 
associated with each specific material should be entered after its 
description in Item 9b.

                    Item 4. Manifest Tracking Number

    This unique tracking number must be pre-printed on the manifest by 
the forms printer.

   Item 5. Generator's Mailing Address, Phone Number and Site Address

    Enter the name of the generator, the mailing address to which the 
completed manifest signed by the designated facility should be mailed, 
and the generator's telephone number. Note, the telephone number 
(including area code) should be the normal business number for the 
generator, or the number where the generator or his authorized agent may 
be reached to provide instructions in the event the designated and/or 
alternate (if any) facility rejects some or all of the shipment. Also 
enter the physical site address from which the shipment originates only 
if this address is different than the mailing address.

       Item 6. Transporter 1 Company Name, and U.S. EPA ID Number

    Enter the company name and U.S. EPA ID number of the first 
transporter who will transport the waste. Vehicle or driver information 
may not be entered here.

        Item 7. Transporter 2 Company Name and U.S. EPA ID Number

    If applicable, enter the company name and U.S. EPA ID number of the 
second transporter who will transport the waste. Vehicle or driver 
information may not be entered here.
    If more than two transporters are needed, use a Continuation 
Sheet(s) (EPA Form 8700-22A).

 Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number

    Enter the company name and site address of the facility designated 
to receive the waste listed on this manifest. Also enter the facility's 
phone number and the U.S. EPA

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twelve digit identification number of the facility.

  Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard 
      Class or Division, Identification Number, and Packing Group)

    Item 9a. If the wastes identified in Item 9b consist of both 
hazardous and nonhazardous materials, then identify the hazardous 
materials by entering an ``X'' in this Item next to the corresponding 
hazardous material identified in Item 9b.
    If applicable, enter the name of the person accepting the waste on 
behalf of the second transporter. That person must acknowledge 
acceptance of the waste described on the manifest by signing and 
entering the date of receipt.
    Item 9b. Enter the U.S. DOT Proper Shipping Name, Hazard Class or 
Division, Identification Number (UN/NA) and Packing Group for each waste 
as identified in 49 CFR 172. Include technical name(s) and reportable 
quantity references, if applicable.
    Note: If additional space is needed for waste descriptions, enter 
these additional descriptions in Item 27 on the Continuation Sheet (EPA 
Form 8700-22A). Also, if more than one Emergency Response phone number 
applies to the various wastes described in either Item 9b or Item 27, 
enter applicable Emergency Response phone numbers immediately following 
the shipping descriptions for those Items.

                  Item 10. Containers (Number and Type)

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

                      Table I--Types of Containers
BA = Burlap, cloth, paper, or plastic bags.
CF = Fiber or plastic boxes, cartons, cases.
CM = Metal boxes, cartons, cases (including roll-offs).
CW = Wooden boxes, cartons, cases.
CY = Cylinders.
DF = Fiberboard or plastic drums, barrels, kegs.
DM = Metal drums, barrels, kegs.
DT = Dump truck.
DW = Wooden drums, barrels, kegs.
HG = Hopper or gondola cars.
TC = Tank cars.
TP = Portable tanks.
TT = Cargo tanks (tank trucks).
 

                         Item 11. Total Quantity

    Enter, in designated boxes, the total quantity of waste. Round 
partial units to the nearest whole unit, and do not enter decimals or 
fractions. To the extent practical, report quantities using appropriate 
units of measure that will allow you to report quantities with 
precision. Waste quantities entered should be based on actual 
measurements or reasonably accurate estimates of actual quantities 
shipped. Container capacities are not acceptable as estimates.

                Item 12. Units of Measure (Weight/Volume)

    Enter, in designated boxes, the appropriate abbreviation from Table 
II (below) for the unit of measure.

                       Table II--Units of Measure
G = Gallons (liquids only).
K = Kilograms.
L = Liters (liquids only).
M = Metric Tons (1000 kilograms).
N = Cubic Meters.
P = Pounds.
T = Tons (2000 pounds).
Y = Cubic Yards.
 
Note: Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be
  reported in connection with very large bulk shipments, such as rail
  cars, tank trucks, or barges.

                          Item 13. Waste Codes

    Enter up to six federal and state waste codes to describe each waste 
stream identified in Item 9b. State waste codes that are not redundant 
with federal codes must be entered here, in addition to the federal 
waste codes which are most representative of the properties of the 
waste.

   Item 14. Special Handling Instructions and Additional Information.

    1. Generators may enter any special handling or shipment-specific 
information necessary for the proper management or tracking of the 
materials under the generator's or other handler's business processes, 
such as waste profile numbers, container codes, bar codes, or response 
guide numbers. Generators also may use this space to enter additional 
descriptive information about their shipped materials, such as chemical 
names, constituent percentages, physical state, or specific gravity of 
wastes identified with volume units in Item 12.
    2. This space may be used to record limited types of federally 
required information for which there is no specific space provided on 
the manifest, including any alternate facility designations; the 
manifest tracking number of the original manifest for rejected wastes 
and residues that are re-shipped under a second manifest; and the 
specification of PCB waste descriptions and PCB out-of-service dates 
required under 40 CFR 761.207. Generators, however, cannot be required 
to enter information in this space to meet state regulatory 
requirements.

              Item 15. Generator's/Offeror's Certifications

    1. The generator must read, sign, and date the waste minimization 
certification statement. In signing the waste minimization certification 
statement, those generators who have not been exempted by statute or 
regulation from the duty to make a waste minimization certification 
under section 3002(b) of RCRA are also certifying that they have 
complied with the waste minimization requirements. The Generator's 
Certification

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also contains the required attestation that the shipment has been 
properly prepared and is in proper condition for transportation (the 
shipper's certification). The content of the shipper's certification 
statement is as follows: ``I hereby declare that the contents of this 
consignment are fully and accurately described above by the proper 
shipping name, and are classified, packaged, marked, and labeled/
placarded, and are in all respects in proper condition for transport by 
highway according to applicable international and national governmental 
regulations. If export shipment and I am the Primary Exporter, I certify 
that the contents of this consignment conform to the terms of the 
attached EPA Acknowledgment of Consent.'' When a party other than the 
generator prepares the shipment for transportation, this party may also 
sign the shipper's certification statement as the offeror of the 
shipment.
    2. Generator or Offeror personnel may preprint the words, ``On 
behalf of'' in the signature block or may hand write this statement in 
the signature block prior to signing the generator/offeror 
certification, to indicate that the individual signs as the employee or 
agent of the named principal.
    Note: All of the above information except the handwritten signature 
required in Item 15 may be pre-printed.

            II. Instructions for International Shipment Block

                    Item 16. International Shipments

    For export shipments, the primary exporter must check the export 
box, and enter the point of exit (city and state) from the United 
States. For import shipments, the importer must check the import box and 
enter the point of entry (city and state) into the United States. For 
exports, the transporter must sign and date the manifest to indicate the 
day the shipment left the United States. Transporters of hazardous waste 
shipments must deliver a copy of the manifest to the U.S. Customs when 
exporting the waste across U.S. borders.

                   III. Instructions for Transporters

            Item 17. Transporters' Acknowledgments of Receipt

    Enter the name of the person accepting the waste on behalf of the 
first transporter. That person must acknowledge acceptance of the waste 
described on the manifest by signing and entering the date of receipt. 
Only one signature per transportation company is required. Signatures 
are not required to track the movement of wastes in and out of transfer 
facilities, unless there is a change of custody between transporters.
    If applicable, enter the name of the person accepting the waste on 
behalf of the second transporter. That person must acknowledge 
acceptance of the waste described on the manifest by signing and 
entering the date of receipt.
    Note: Transporters carrying imports, who are acting as importers, 
may have responsibilities to enter information in the International 
Shipments Block. Transporters carrying exports may also have 
responsibilities to enter information in the International Shipments 
Block. See above instructions for Item 16.

  IV. Instructions for Owners and Operators of Treatment, Storage, and 
                           Disposal Facilities

                          Item 18. Discrepancy

                 Item 18a. Discrepancy Indication Space

    1. The authorized representative of the designated (or alternate) 
facility's owner or operator must note in this space any discrepancies 
between the waste described on the Manifest and the waste actually 
received at the facility. Manifest discrepancies are: significant 
differences (as defined by Sec. Sec. 264.72(b) and 265.72(b)) between 
the quantity or type of hazardous waste designated on the manifest or 
shipping paper, and the quantity and type of hazardous waste a facility 
actually receives, rejected wastes, which may be a full or partial 
shipment of hazardous waste that the TSDF cannot accept, or container 
residues, which are residues that exceed the quantity limits for 
``empty'' containers set forth in 40 CFR 261.7(b).
    2. For rejected loads and residues (40 CFR 264.72(d), (e), and (f), 
or 40 CFR 265.72(d), (e), or (f)), check the appropriate box if the 
shipment is a rejected load (i.e., rejected by the designated and/or 
alternate facility and is sent to an alternate facility or returned to 
the generator) or a regulated residue that cannot be removed from a 
container. Enter the reason for the rejection or the inability to remove 
the residue and a description of the waste. Also, reference the manifest 
tracking number for any additional manifests being used to track the 
rejected waste or residue shipment on the original manifest. Indicate 
the original manifest tracking number in Item 14, the Special Handling 
Block and Additional Information Block of the additional manifests.
    3. Owners or operators of facilities located in unauthorized States 
(i.e., states in which the U.S. EPA administers the hazardous waste 
management program) who cannot resolve significant differences in 
quantity or type within 15 days of receiving the waste must submit to 
their Regional Administrator a letter with a copy of the Manifest at 
issue describing the discrepancy and attempts to reconcile it (40 CFR 
264.72(c) and 265.72(c)).
    4. Owners or operators of facilities located in authorized States 
(i.e., those States that

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have received authorization from the U.S. EPA to administer the 
hazardous waste management program) should contact their State agency 
for information on where to report discrepancies involving ``significant 
differences'' to state officials.

  Item 18b. Alternate Facility (or Generator) for Receipt of Full Load 
                               Rejections

    Enter the name, address, phone number, and EPA Identification Number 
of the Alternate Facility which the rejecting TSDF has designated, after 
consulting with the generator, to receive a fully rejected waste 
shipment. In the event that a fully rejected shipment is being returned 
to the generator, the rejecting TSDF may enter the generator's site 
information in this space. This field is not to be used to forward 
partially rejected loads or residue waste shipments.

          Item 18c. Alternate Facility (or Generator) Signature

    The authorized representative of the alternate facility (or the 
generator in the event of a returned shipment) must sign and date this 
field of the form to acknowledge receipt of the fully rejected wastes or 
residues identified by the initial TSDF.

         Item 19. Hazardous Waste Report Management Method Codes

    Enter the most appropriate Hazardous Waste Report Management Method 
code for each waste listed in Item 9. The Hazardous Waste Report 
Management Method code is to be entered by the first treatment, storage, 
or disposal facility (TSDF) that receives the waste and is the code that 
best describes the way in which the waste is to be managed when received 
by the TSDF.

Item 20. Designated Facility Owner or Operator Certification of Receipt 
                      (Except As Noted in Item 18a)

    Enter the name of the person receiving the waste on behalf of the 
owner or operator of the facility. That person must acknowledge receipt 
or rejection of the waste described on the Manifest by signing and 
entering the date of receipt or rejection where indicated. Since the 
Facility Certification acknowledges receipt of the waste except as noted 
in the Discrepancy Space in Item 18a, the certification should be signed 
for both waste receipt and waste rejection, with the rejection being 
noted and described in the space provided in Item 18a. Fully rejected 
wastes may be forwarded or returned using Item 18b after consultation 
with the generator. Enter the name of the person accepting the waste on 
behalf of the owner or operator of the alternate facility or the 
original generator. That person must acknowledge receipt or rejection of 
the waste described on the Manifest by signing and entering the date 
they received or rejected the waste in Item 18c. Partially rejected 
wastes and residues must be re-shipped under a new manifest, to be 
initiated and signed by the rejecting TSDF as offeror of the shipment.

                       Manifest Continuation Sheet

[[Page 340]]

[GRAPHIC] [TIFF OMITTED] TR16JN05.013

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

    Read all instructions before completing this form. This form has 
been designed for use on a 12-pitch (elite) typewriter; a firm point pen 
may also be used--press down hard.
    This form must be used as a continuation sheet to U.S. EPA Form 
8700-22 if:
     More than two transporters are to be used to 
transport the waste; or
     More space is required for the U.S. DOT 
descriptions and related information in Item 9 of U.S. EPA Form 8700-22.
    Federal regulations require generators and transporters of hazardous 
waste and owners or operators of hazardous waste treatment,

[[Page 341]]

storage, or disposal facilities to use the uniform hazardous waste 
manifest (EPA Form 8700-22) and, if necessary, this continuation sheet 
(EPA Form 8700-22A) for both interstate and intrastate transportation.

                     Item 21. Generator's ID Number

    Enter the generator's U.S. EPA twelve digit identification number 
or, the State generator identification number if the generator site does 
not have an EPA identification number.

                           Item 22. Page ----

    Enter the page number of this Continuation Sheet.

                    Item 23. Manifest Tracking Number

    Enter the Manifest Tracking number from Item 4 of the Manifest form 
to which this continuation sheet is attached.

                       Item 24. Generator's Name--

    Enter the generator's name as it appears in Item 5 on the first page 
of the Manifest.

                   Item 25. Transporter--Company Name

    If additional transporters are used to transport the waste described 
on this Manifest, enter the company name of each additional transporter 
in the order in which they will transport the waste. Enter after the 
word ``Transporter'' the order of the transporter. For example, 
Transporter 3 Company Name. Also enter the U.S. EPA twelve digit 
identification number of the transporter described in Item 25.

                   Item 26. Transporter--Company Name

    If additional transporters are used to transport the waste described 
on this Manifest, enter the company name of each additional transporter 
in the order in which they will transport the waste. Enter after the 
word ``Transporter'' the order of the transporter. For example, 
Transporter 4 Company Name. Each Continuation Sheet can record the names 
of two additional transporters. Also enter the U.S. EPA twelve digit 
identification number of the transporter named in Item 26.

    Item 27. U.S. D.O.T. Description Including Proper Shipping Name, 
                 Hazardous Class, and ID Number (UN/NA)

    For each row enter a sequential number under Item 27b that 
corresponds to the order of waste codes from one continuation sheet to 
the next, to reflect the total number of wastes being shipped. Refer to 
instructions for Item 9 of the manifest for the information to be 
entered.

                   Item 28. Containers (No. And Type)

    Refer to the instructions for Item 10 of the manifest for 
information to be entered.

                         Item 29. Total Quantity

    Refer to the instructions for Item 11 of the manifest form.

                Item 30. Units of Measure (Weight/Volume)

    Refer to the instructions for Item 12 of the manifest form.

                          Item 31. Waste Codes

    Refer to the instructions for Item 13 of the manifest form.

    Item 32. Special Handling Instructions and Additional Information

    Refer to the instructions for Item 14 of the manifest form.

                              Transporters

      Item 33. Transporter--Acknowledgment of Receipt of Materials

    Enter the same number of the Transporter as identified in Item 25. 
Enter also the name of the person accepting the waste on behalf of the 
Transporter (Company Name) identified in Item 25. That person must 
acknowledge acceptance of the waste described on the Manifest by signing 
and entering the date of receipt.

      Item 34. Transporter--Acknowledgment of Receipt of Materials

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

    Owner and Operators of Treatment, Storage, or Disposal Facilities

                  Item 35. Discrepancy Indication Space

    Refer to Item 18. This space may be used to more fully describe 
information on discrepancies identified in Item 18a of the manifest 
form.

         Item 36. Hazardous Waste Report Management Method Codes

    For each field here, enter the sequential number that corresponds to 
the waste materials described under Item 27, and enter the appropriate 
process code that describes how the materials will be processed when 
received. If additional continuation sheets are attached, continue 
numbering the waste materials and process code fields sequentially, and 
enter on each sheet the process codes

[[Page 342]]

corresponding to the waste materials identified on that sheet.

[45 FR 33142, May 19, 1980, as amended at 70 FR 10818, Mar. 4, 2005]



PART 263_STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of 

Contents




                            Subpart A_General

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

     Subpart B_Compliance With the Manifest System and Recordkeeping

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

                  Subpart C_Hazardous Waste Discharges

263.30 Immediate action.
263.31 Discharge clean up.

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

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



                            Subpart A_General



Sec. 263.10  Scope.

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

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

    (b) These regulations do not apply to on-site transportation of 
hazardous waste by generators or by owners or operators of permitted 
hazardous waste management facilities.
    (c) A transporter of hazardous waste must also comply with 40 CFR 
part 262, Standards Applicable to Generators of Hazardous Waste, if he:
    (1) Transports hazardous waste into the United States from abroad; 
or
    (2) Mixes hazardous wastes of different DOT shipping descriptions by 
placing them into a single container.
    (d) A transporter of hazardous waste subject to the Federal 
manifesting requirements of 40 CFR part 262, or subject to the waste 
management standards of 40 CFR part 273, or subject to State 
requirements analogous to 40 CFR part 273, that is being imported from 
or exported to any of the countries listed in 40 CFR 262.58(a)(1) for 
purposes of recovery is subject to this Subpart and to all other 
relevant requirements of subpart H of 40 CFR part 262, including, but 
not limited to, 40 CFR 262.84 for tracking documents.
    (e) The regulations in this part do not apply to transportation 
during an explosives or munitions emergency response, conducted in 
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) 
or (iv), and 270.1(c)(3)(i)(D) or (iii).

[[Page 343]]

    (f) Section 266.203 of this chapter identifies how the requirements 
of this part apply to military munitions classified as solid waste under 
40 CFR 266.202.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980; 61 
FR 16314, Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997]



Sec. 263.11  EPA identification number.

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



Sec. 263.12  Transfer facility requirements.

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

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



     Subpart B_Compliance With the Manifest System and Recordkeeping



Sec. 263.20  The manifest system.

    (a)(1) Manifest requirement. A transporter may not accept hazardous 
waste from a generator unless the transporter is also provided with a 
manifest signed in accordance with the requirements of Sec. 262.23.
    (2) Exports. In the case of exports other than those subject to 
subpart H of 40 CFR part 262, a transporter may not accept such waste 
from a primary exporter or other person if he knows the shipment does 
not conform to the EPA Acknowledgment of Consent; and unless, in 
addition to a manifest signed by the generator as provided in this 
section, the transporter shall also be provided with an EPA 
Acknowledgment of Consent which, except for shipments by rail, is 
attached to the manifest (or shipping paper for exports by water (bulk 
shipment)). For exports of hazardous waste subject to the requirements 
of subpart H of 40 CFR part 262, a transporter may not accept hazardous 
waste without a tracking document that includes all information required 
by 40 CFR 262.84.
    (3) Compliance Date for Form Revisions. The revised Manifest form 
and procedures in 40 CFR 260.10, 261.7, 263.20, and 263.21, shall not 
apply until September 5, 2006. The Manifest form and procedures in 40 
CFR 260.10, 261.7, 263.20, and 263.21, contained in the 40 CFR, parts 
260 to 265, edition revised as of July 1, 2004, shall be applicable 
until September 5, 2006.
    (b) Before transporting the hazardous waste, the transporter must 
sign and date the manifest acknowledging acceptance of the hazardous 
waste from the generator. The transporter must return a signed copy to 
the generator before leaving the generator's property.
    (c) The transporter must ensure that the manifest accompanies the 
hazardous waste. In the case of exports, the transporter must ensure 
that a copy of the EPA Acknowledgment of Consent also accompanies the 
hazardous waste.
    (d) A transporter who delivers a hazardous waste to another 
transporter or to the designated facility must:
    (1) Obtain the date of delivery and the handwritten signature of 
that transporter or of the owner or operator of the designated facility 
on the manifest; and
    (2) Retain one copy of the manifest in accordance with Sec. 263.22; 
and
    (3) Give the remaining copies of the manifest to the accepting 
transporter or designated facility.
    (e) The requirements of paragraphs (c), (d) and (f) of this section 
do not apply to water (bulk shipment) transporters if:
    (1) The hazardous waste is delivered by water (bulk shipment) to the 
designated facility; and
    (2) A shipping paper containing all the information required on the 
manifest (excluding the EPA identification numbers, generator 
certification, and signatures) and, for exports, an EPA

[[Page 344]]

Acknowledgment of Consent accompanies the hazardous waste; and
    (3) The delivering transporter obtains the date of delivery and 
handwritten signature of the owner or operator of the designated 
facility on either the manifest or the shipping paper; and
    (4) The person delivering the hazardous waste to the initial water 
(bulk shipment) transporter obtains the date of delivery and signature 
of the water (bulk shipment) transporter on the manifest and forwards it 
to the designated facility; and
    (5) A copy of the shipping paper or manifest is retained by each 
water (bulk shipment) transporter in accordance with Sec. 263.22.
    (f) For shipments involving rail transportation, the requirements of 
paragraphs (c), (d) and (e) do not apply and the following requirements 
do apply:
    (1) When accepting hazardous waste from a non-rail transporter, the 
initial rail transporter must:
    (i) Sign and date the manifest acknowledging acceptance of the 
hazardous waste;
    (ii) Return a signed copy of the manifest to the non-rail 
transporter;
    (iii) Forward at least three copies of the manifest to:
    (A) The next non-rail transporter, if any; or,
    (B) The designated facility, if the shipment is delivered to that 
facility by rail; or
    (C) The last rail transporter designated to handle the waste in the 
United States;
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with Sec. 263.22.
    (2) Rail transporters must ensure that a shipping paper containing 
all the information required on the manifest (excluding the EPA 
identification numbers, generator certification, and signatures) and, 
for exports an EPA Acknowledgment of Consent accompanies the hazardous 
waste at all times.

    Note: Intermediate rail transporters are not required to sign either 
the manifest or shipping paper.

    (3) When delivering hazardous waste to the designated facility, a 
rail transporter must:
    (i) Obtain the date of delivery and handwritten signature of the 
owner or operator of the designated facility on the manifest or the 
shipping paper (if the manifest has not been received by the facility); 
and
    (ii) Retain a copy of the manifest or signed shipping paper in 
accordance with Sec. 263.22.
    (4) When delivering hazardous waste to a non-rail transporter a rail 
transporter must:
    (i) Obtain the date of delivery and the handwritten signature of the 
next non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with Sec. 263.22.
    (5) Before accepting hazardous waste from a rail transporter, a non-
rail transporter must sign and date the manifest and provide a copy to 
the rail transporter.
    (g) Transporters who transport hazardous waste out of the United 
States must:
    (1) Sign and date the manifest in the International Shipments block 
to indicate the date that the shipment left the United States;
    (2) Retain one copy in accordance with Sec. 263.22(d);
    (3) Return a signed copy of the manifest to the generator; and
    (4) Give a copy of the manifest to a U.S. Customs official at the 
point of departure from the United States.
    (h) A transporter transporting hazardous waste from a generator who 
generates greater than 100 kilograms but less than 1000 kilograms of 
hazardous waste in a calendar month need not comply with the 
requirements of this section or those of Sec. 263.22 provided that:
    (1) The waste is being transported pursuant to a reclamation 
agreement as provided for in Sec. 262.20(e);
    (2) The transporter records, on a log or shipping paper, the 
following information for each shipment:
    (i) The name, address, and U.S. EPA Identification Number of the 
generator of the waste;
    (ii) The quantity of waste accepted;
    (iii) All DOT-required shipping information;
    (iv) The date the waste is accepted; and

[[Page 345]]

    (3) The transporter carries this record when transporting waste to 
the reclamation facility; and
    (4) The transporter retains these records for a period of at least 
three years after termination or expiration of the agreement.

[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51 
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr. 
12, 1996; 70 FR 10821, Mar. 4, 2005]



Sec. 263.21  Compliance with the manifest.

    (a) The transporter must deliver the entire quantity of hazardous 
waste which he has accepted from a generator or a transporter to:
    (1) The designated facility listed on the manifest; or
    (2) The alternate designated facility, if the hazardous waste cannot 
be delivered to the designated facility because an emergency prevents 
delivery; or
    (3) The next designated transporter; or
    (4) The place outside the United States designated by the generator.
    (b)(1) If the hazardous waste cannot be delivered in accordance with 
paragraph (a) of this section because of an emergency condition other 
than rejection of the waste by the designated facility, then the 
transporter must contact the generator for further directions and must 
revise the manifest according to the generator's instructions.
    (2) If hazardous waste is rejected by the designated facility while 
the transporter is on the facility's premises, then the transporter must 
obtain the following:
    (i) For a partial load rejection or for regulated quantities of 
container residues, a copy of the original manifest that includes the 
facility's date and signature, and the Manifest Tracking Number of the 
new manifest that will accompany the shipment, and a description of the 
partial rejection or container residue in the discrepancy block of the 
original manifest. The transporter must retain a copy of this manifest 
in accordance with Sec. 263.22, and give the remaining copies of the 
original manifest to the rejecting designated facility. If the 
transporter is forwarding the rejected part of the shipment or a 
regulated container residue to an alternate facility or returning it to 
the generator, the transporter must obtain a new manifest to accompany 
the shipment, and the new manifest must include all of the information 
required in 40 CFR 264.72(e)(1) through (6) or (f)(1) through (6) or 40 
CFR 265.72(e)(1) through (6) or (f)(1) through (6).
    (ii) For a full load rejection that will be taken back by the 
transporter, a copy of the original manifest that includes the rejecting 
facility's signature and date attesting to the rejection, the 
description of the rejection in the discrepancy block of the manifest, 
and the name, address, phone number, and Identification Number for the 
alternate facility or generator to whom the shipment must be delivered. 
The transporter must retain a copy of the manifest in accordance with 
Sec. 263.22, and give a copy of the manifest containing this 
information to the rejecting designated facility. If the original 
manifest is not used, then the transporter must obtain a new manifest 
for the shipment and comply with 40 CFR 264.72(e)(1) through (6) or 40 
CFR 265.72(e)(1) through (6).

[45 FR 33151, May 19, 1980, as amended at 70 FR 10821, Mar. 2005]



Sec. 263.22  Recordkeeping.

    (a) A transporter of hazardous waste must keep a copy of the 
manifest signed by the generator, himself, and the next designated 
transporter or the owner or operator of the designated facility for a 
period of three years from the date the hazardous waste was accepted by 
the initial transporter.
    (b) For shipments delivered to the designated facility by water 
(bulk shipment), each water (bulk shipment) transporter must retain a 
copy of the shipping paper containing all the information required in 
Sec. 263.20(e)(2) for a period of three years from the date the 
hazardous waste was accepted by the initial transporter.
    (c) For shipments of hazardous waste by rail within the United 
States:
    (1) The initial rail transporter must keep a copy of the manifest 
and shipping paper with all the information required in Sec. 
263.20(f)(2) for a period of three years from the date the hazardous 
waste was accepted by the initial transporter; and

[[Page 346]]

    (2) The final rail transporter must keep a copy of the signed 
manifest (or the shipping paper if signed by the designated facility in 
lieu of the manifest) for a period of three years from the date the 
hazardous waste was accepted by the initial transporter.

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

    (d) A transporter who transports hazardous waste out of the United 
States must keep a copy of the manifest indicating that the hazardous 
waste left the United States for a period of three years from the date 
the hazardous waste was accepted by the initial transporter.
    (e) The periods of retention referred to in this Section are 
extended automatically during the course of any unresolved enforcement 
action regarding the regulated activity or as requested by the 
Administrator.

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



                  Subpart C_Hazardous Waste Discharges



Sec. 263.30  Immediate action.

    (a) In the event of a discharge of hazardous waste during 
transportation, the transporter must take appropriate immediate action 
to protect human health and the environment (e.g., notify local 
authorities, dike the discharge area).
    (b) If a discharge of hazardous waste occurs during transportation 
and an official (State or local government or a Federal Agency) acting 
within the scope of his official responsibilities determines that 
immediate removal of the waste is necessary to protect human health or 
the environment, that official may authorize the removal of the waste by 
transporters who do not have EPA identification numbers and without the 
preparation of a manifest.
    (c) An air, rail, highway, or water transporter who has discharged 
hazardous waste must:
    (1) Give notice, if required by 49 CFR 171.15, to the National 
Response Center (800-424-8802 or 202-426-2675); and
    (2) Report in writing as required by 49 CFR 171.16 to the Director, 
Office of Hazardous Materials Regulations, Materials Transportation 
Bureau, Department of Transportation, Washington, DC 20590.
    (d) A water (bulk shipment) transporter who has discharged hazardous 
waste must give the same notice as required by 33 CFR 153.203 for oil 
and hazardous substances.



Sec. 263.31  Discharge clean up.

    A transporter must clean up any hazardous waste discharge that 
occurs during transportation or take such action as may be required or 
approved by Federal, State, or local officials so that the hazardous 
waste discharge no longer presents a hazard to human health or the 
environment.



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




                            Subpart A_General

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

                  Subpart B_General Facility Standards

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

                  Subpart C_Preparedness and Prevention

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

[[Page 347]]

           Subpart D_Contingency Plan and Emergency Procedures

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

         Subpart E_Manifest System, Recordkeeping, and Reporting

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

          Subpart F_Releases From Solid Waste Management Units

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

                   Subpart G_Closure and Post-Closure

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

                    Subpart H_Financial Requirements

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

               Subpart I_Use and Management of Containers

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

                         Subpart J_Tank Systems

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

                     Subpart K_Surface Impoundments

264.220 Applicability.
264.221 Design and operating requirements.
264.222 Action leakage rate.
264.223 Response actions.
264.224-264.225 [Reserved]
264.226 Monitoring and inspection.
264.227 Emergency repairs; contingency plans.
264.228 Closure and post-closure care.
264.229 Special requirements for ignitable or reactive waste.
264.230 Special requirements for incompatible wastes.

[[Page 348]]

264.231 Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.
264.232 Air emission standards.

                          Subpart L_Waste Piles

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

                        Subpart M_Land Treatment

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

                           Subpart N_Landfills

264.300 Applicability.
264.301 Design and operating requirements.
264.302 Action leakage rate.
264.303 Monitoring and inspection.
264.304 Response actions.
264.305-264.308 [Reserved]
264.309 Surveying and recordkeeping.
264.310 Closure and post-closure care.
264.311 [Reserved]
264.312 Special requirements for ignitable or reactive waste.
264.313 Special requirements for incompatible wastes.
264.314 Special requirements for bulk and containerized liquids.
264.315 Special requirements for containers.
264.316 Disposal of small containers of hazardous waste in overpacked 
          drums (lab packs).
264.317 Special requirements for hazardous wastes FO20, FO21, FO22, 
          FO23, FO26, and FO27.

                         Subpart O_Incinerators

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

Subparts P-R [Reserved]

                Subpart S_Special Provisions for Cleanup

264.550 Applicability of Corrective Action Management Unit (CAMU) 
          regulations.
264.551 Grandfathered Corrective Action Management Units (CAMUs).
264.552 Corrective Action Management Units (CAMU).
264.553 Temporary Units (TU).
264.554 Staging piles.
264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste 
          landfills.

Subparts T-V [Reserved]

                           Subpart W_Drip Pads

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

                      Subpart X_Miscellaneous Units

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

Subparts Y-Z [Reserved]

           Subpart AA_Air Emission Standards for Process Vents

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

[[Page 349]]

          Subpart BB_Air Emission Standards for Equipment Leaks

264.1050 Applicability.
264.1051 Definitions.
264.1052 Standards: Pumps in light liquid service.
264.1053 Standards: Compressors.
264.1054 Standards: Pressure relief devices in gas/vapor service.
264.1055 Standards: Sampling connection systems.
264.1056 Standards: Open-ended valves or lines.
264.1057 Standards: Valves in gas/vapor service or in light liquid 
          service.
264.1058 Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          flanges and other connectors.
264.1059 Standards: Delay of repair.
264.1060 Standards: Closed-vent systems and control devices.
264.1061 Alternative standards for valves in gas/vapor service or in 
          light liquid service: percentage of valves allowed to leak.
264.1062 Alternative standards for valves in gas/vapor service or in 
          light liquid service: skip period leak detection and repair.
264.1063 Test methods and procedures.
264.1064 Recordkeeping requirements.
264.1065 Reporting requirements.
264.1066-264.1079 [Reserved]

 Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

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

                    Subpart DD_Containment Buildings

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

       Subpart EE_Hazardous Waste Munitions and Explosives Storage

264.1200 Applicability.
264.1201 Design and operating standards.
264.1202 Closure and post-closure care.

Appendix I to Part 264--Recordkeeping Instructions
Appendixes II-III to Part 264 [Reserved]
Appendix IV to Part 264--Cochran's Approximation to the Behrens-Fisher 
          Students' T-test
Appendix V to Part 264--Examples of Potentially Incompatible Waste
Appendix VI to Part 264--Political Jurisdictions in Which Compliance 
          WithSec. 264.18(a) Must Be Demonstrated
Appendixes VII-VIII to Part 264 [Reserved]
Appendix IX to Part 264--Ground-Water Monitoring List

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

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



                            Subpart A_General



Sec. 264.1  Purpose, scope and applicability.

    (a) The purpose of this part is to establish minimum national 
standards which define the acceptable management of hazardous waste.
    (b) The standards in this part apply to owners and operators of all 
facilities which treat, store, or dispose of hazardous waste, except as 
specifically provided otherwise in this part or part 261 of this 
chapter.
    (c) The requirements of this part apply to a person disposing of 
hazardous waste by means of ocean disposal subject to a permit issued 
under the Marine Protection, Research, and Sanctuaries Act only to the 
extent they are included in a RCRA permit by rule granted to such a 
person under part 270 of this chapter.

[Comment: These part 264 regulations do apply to the treatment or 
storage of hazardous waste before it is loaded onto an ocean vessel for 
incineration or disposal at sea.]

    (d) The requirements of this part apply to a person disposing of 
hazardous waste by means of underground injection subject to a permit 
issued under an Underground Injection Control (UIC) program approved or 
promulgated under the Safe Drinking Water Act only to the extent they 
are required by Sec. 144.14 of this chapter.

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


[[Page 350]]


    (e) The requirements of this part apply to the owner or operator of 
a POTW which treats, stores, or disposes of hazardous waste only to the 
extent they are included in a RCRA permit by rule granted to such a 
person under part 270 of this chapter.
    (f) The requirements of this part do not apply to a person who 
treats, stores, or disposes of hazardous waste in a State with a RCRA 
hazardous waste program authorized under subpart A of part 271 of this 
chapter, or in a State authorized under subpart B of part 271 of this 
chapter for the component or components of Phase II interim 
authorization which correspond to the person's treatment, storage or 
disposal processes; except that this part will apply:
    (1) As stated in paragraph (d) of this section, if the authorized 
State RCRA program does not cover disposal of hazardous waste by means 
of underground injection; and
    (2) To a person who treats, stores or disposes of hazardous waste in 
a State authorized under subpart A of part 271 of this chapter, at a 
facility which was not covered by standards under this part when the 
State obtained authorization, and for which EPA promulgates standards 
under this part after the State is authorized. This paragraph will only 
apply until the State is authorized to permit such facilities under 
subpart A of part 271 of this chapter.
    (3) To a person who treats, stores, or disposes of hazardous waste 
in a State which is authorized under subpart A or B of part 271 of this 
chapter if the State has not been authorized to carry out the 
requirements and prohibitions applicable to the treatment, storage, or 
disposal of hazardous waste at his facility which are imposed pursuant 
to the Hazardous and Solid Waste Amendments of 1984. The requirements 
and prohibitions that are applicable until a State receives 
authorization to carry them out include all Federal program requirements 
identified in Sec. 271.1(j).
    (g) The requirements of this part do not apply to:
    (1) The owner or operator of a facility permitted, licensed, or 
registered by a State to manage municipal or industrial solid waste, if 
the only hazardous waste the facility treats, stores, or disposes of is 
excluded from regulation under this part by Sec. 261.5 of this chapter;
    (2) The owner or operator of a facility managing recyclable 
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter 
(except to the extent they are referred to in part 279 or subparts C, F, 
G, or H of part 266 of this chapter).
    (3) A generator accumulating waste on-site in compliance with Sec. 
262.34 of this chapter;
    (4) A farmer disposing of waste pesticides from his own use in 
compliance with Sec. 262.70 of this chapter; or
    (5) The owner or operator of a totally enclosed treatment facility, 
as defined in Sec. 260.10.
    (6) The owner or operator of an elementary neutralization unit or a 
wastewater treatment unit as defined in Sec. 260.10 of this chapter, 
provided that if the owner or operator is diluting hazardous ignitable 
(D001) wastes (other than the D001 High TOC Subcategory defined in Sec. 
268.40 of this chapter, Table Treatment Standards for Hazardous Wastes), 
or reactive (D003) waste, to remove the characteristic before land 
disposal, the owner/operator must comply with the requirements set out 
in Sec. 264.17(b).
    (7) [Reserved]
    (8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a 
person engaged in treatment or containment activities during immediate 
response to any of the following situations:
    (A) A discharge of a hazardous waste;
    (B) An imminent and substantial threat of a discharge of hazardous 
waste;
    (C) A discharge of a material which, when discharged, becomes a 
hazardous waste.
    (D) An immediate threat to human health, public safety, property, or 
the environment, from the known or suspected presence of military 
munitions, 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) An owner or operator of a facility otherwise regulated by this 
part must comply with all applicable requirements of subparts C and D.

[[Page 351]]

    (iii) Any person who is covered by paragraph (g)(8)(i) of this 
section and who continues or initiates hazardous waste treatment or 
containment activities after the immediate response is over is subject 
to all applicable requirements of this part and parts 122 through 124 of 
this chapter for those activities.
    (iv) In the case of an explosives or munitions emergency response, 
if a Federal, State, Tribal or local official acting within the scope of 
his or her official responsibilities, or an explosives or munitions 
emergency response specialist, determines that immediate removal of the 
material or waste is necessary to protect human health or the 
environment, that official or specialist may authorize the removal of 
the material or waste by transporters who do not have EPA identification 
numbers and without the preparation of a manifest. In the case of 
emergencies 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.
    (9) A transporter storing manifested shipments of hazardous waste in 
containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (10) The addition of absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) or the addition of waste to 
absorbent material in a container, provided that these actions occur at 
the time waste is first placed in the container; and Sec. Sec. 
264.17(b), 264.171, and 264.172 are complied with.
    (11) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) handling the wastes listed below. These 
handlers are subject to regulation under 40 CFR part 273, when handling 
the below listed universal wastes.
    (i) Batteries as described in 40 CFR 273.2;
    (ii) Pesticides as described in Sec. 273.3 of this chapter;
    (iii) Mercury-containing equipment as described in Sec. 273.4 of 
this chapter; and
    (iv) Lamps as described in Sec. 273.5 of this chapter.
    (12) A New York State Utility central collection facility 
consolidating hazardous waste in accordance with 40 CFR 262.90.
    (h) The requirements of this part apply to owners or operators of 
all facilities which treat, store, or dispose of hazardous wastes 
referred to in part 268.
    (i) Section 266.205 of this chapter identifies when the requirements 
of this part apply to the storage of military munitions classified as 
solid waste under Sec. 266.202 of this chapter. 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.
    (j) The requirements of subparts B, C, and D of this part and Sec. 
264.101 do not apply to remediation waste management sites. (However, 
some remediation waste management sites may be a part of a facility that 
is subject to a traditional RCRA permit because the facility is also 
treating, storing or disposing of hazardous wastes that are not 
remediation wastes. In these cases, Subparts B, C, and D of this part, 
and Sec. 264.101 do apply to the facility subject to the traditional 
RCRA permit.) Instead of the requirements of subparts B, C, and D of 
this part, owners or operators of remediation waste management sites 
must:
    (1) Obtain an EPA identification number by applying to the 
Administrator using EPA Form 8700-12;
    (2) Obtain a detailed chemical and physical analysis of a 
representative sample of the hazardous remediation wastes to be managed 
at the site. At a minimum, the analysis must contain all of the 
information which must be known to treat, store or dispose of the waste 
according to this part and part 268 of this chapter, and must be kept 
accurate and up to date;
    (3) Prevent people who are unaware of the danger from entering, and 
minimize the possibility for unauthorized people or livestock to enter 
onto the active portion of the remediation waste management site, unless 
the owner or operator can demonstrate to the Director that:

[[Page 352]]

    (i) Physical contact with the waste, structures, or equipment within 
the active portion of the remediation waste management site will not 
injure people or livestock who may enter the active portion of the 
remediation waste management site; and
    (ii) Disturbance of the waste or equipment by people or livestock 
who enter onto the active portion of the remediation waste management 
site, will not cause a violation of the requirements of this part;
    (4) Inspect the remediation waste management site for malfunctions, 
deterioration, operator errors, and discharges that may be causing, or 
may lead to, a release of hazardous waste constituents to the 
environment, or a threat to human health. The owner or operator must 
conduct these inspections often enough to identify problems in time to 
correct them before they harm human health or the environment, and must 
remedy the problem before it leads to a human health or environmental 
hazard. Where a hazard is imminent or has already occurred, the owner/
operator must take remedial action immediately;
    (5) Provide personnel with classroom or on-the-job training on how 
to perform their duties in a way that ensures the remediation waste 
management site complies with the requirements of this part, and on how 
to respond effectively to emergencies;
    (6) Take precautions to prevent accidental ignition or reaction of 
ignitable or reactive waste, and prevent threats to human health and the 
environment from ignitable, reactive and incompatible waste;
    (7) For remediation waste management sites subject to regulation 
under subparts I through O and subpart X of this part, the owner/
operator must design, construct, operate, and maintain a unit within a 
100-year floodplain to prevent washout of any hazardous waste by a 100-
year flood, unless the owner/operator can meet the demonstration of 
Sec. 264.18(b);
    (8) Not place any non-containerized or bulk liquid hazardous waste 
in any salt dome formation, salt bed formation, underground mine or 
cave;
    (9) Develop and maintain a construction quality assurance program 
for all surface impoundments, waste piles and landfill units that are 
required to comply with Sec. Sec. 264.221(c) and (d), 264.251(c) and 
(d), and 264.301(c) and (d) at the remediation waste management site, 
according to the requirements of Sec. 264.19;
    (10) Develop and maintain procedures to prevent accidents and a 
contingency and emergency plan to control accidents that occur. These 
procedures must address proper design, construction, maintenance, and 
operation of remediation waste management units at the site. The goal of 
the plan must be to minimize the possibility of, and the hazards from a 
fire, explosion, or any unplanned sudden or non-sudden release of 
hazardous waste or hazardous waste constituents to air, soil, or surface 
water that could threaten human health or the environment. The plan must 
explain specifically how to treat, store and dispose of the hazardous 
remediation waste in question, and must be implemented immediately 
whenever a fire, explosion, or release of hazardous waste or hazardous 
waste constituents which could threaten human health or the environment;
    (11) Designate at least one employee, either on the facility 
premises or on call (that is, available to respond to an emergency by 
reaching the facility quickly), to coordinate all emergency response 
measures. This emergency coordinator must be thoroughly familiar with 
all aspects of the facility's contingency plan, all operations and 
activities at the facility, the location and characteristics of waste 
handled, the location of all records within the facility, and the 
facility layout. In addition, this person must have the authority to 
commit the resources needed to carry out the contingency plan;
    (12) Develop, maintain and implement a plan to meet the requirements 
in paragraphs (j)(2) through (j)(6) and (j)(9) through (j)(10) of this 
section; and
    (13) Maintain records documenting compliance with paragraphs (j)(1) 
through (j)(12) of this section.

[45 FR 33221, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
264.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 353]]



Sec. 264.2  [Reserved]



Sec. 264.3  Relationship to interim status standards.

    A facility owner or operator who has fully complied with the 
requirements for interim status--as defined in section 3005(e) of RCRA 
and regulations under Sec. 270.70 of this chapter--must comply with the 
regulations specified in part 265 of this chapter in lieu of the 
regulations in this part, until final administrative disposition of his 
permit application is made, except as provided under 40 CFR part 264 
subpart S.

[Comment: As stated in section 3005(a) of RCRA, after the effective date 
of regulations under that section, i.e., parts 270 and 124 of this 
chapter, the treatment, storage, or disposal of hazardous waste is 
prohibited except in accordance with a permit. Section 3005(e) of RCRA 
provides for the continued operation of an existing facility which meets 
certain conditions until final administrative disposition of the owner's 
or operator's permit application is made.]

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



Sec. 264.4  Imminent hazard action.

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

[45 FR 33221, May 19, 1980, as amended at 71 FR 40272, July 14, 2006]



                  Subpart B_General Facility Standards



Sec. 264.10  Applicability.

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

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



Sec. 264.11  Identification number.

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

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



Sec. 264.12  Required notices.

    (a)(1) The owner or operator of a facility that has arranged to 
receive hazardous waste from a foreign source must notify the Regional 
Administrator in writing at least four weeks in advance of the date the 
waste is expected to arrive at the facility. Notice of subsequent 
shipments of the same waste from the same foreign source is not 
required.
    (2) The owner or operator of a recovery facility that has arranged 
to receive hazardous waste subject to 40 CFR part 262, subpart H must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; and to the competent authorities of all other 
concerned countries within three working days of receipt of the 
shipment. The original of the signed tracking document must be 
maintained at the facility for at least three years.
    (b) The owner or operator of a facility that receives hazardous 
waste from an off-site source (except where the owner or operator is 
also the generator) must inform the generator in writing that he has the 
appropriate permit(s) for, and will accept, the waste the generator is 
shipping. The owner or operator must keep a copy of this written notice 
as part of the operating record.
    (c) Before transferring ownership or operation of a facility during 
its operating life, or of a disposal facility during the post-closure 
care period, the owner or operator must notify the new owner or operator 
in writing of the requirements of this part and part 270 of this 
chapter.

[Comment: An owner's or operator's failure to notify the new owner or 
operator of the requirements of this part in no way relieves

[[Page 354]]

the new owner or operator of his obligation to comply with all 
applicable requirements.]

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



Sec. 264.13  General waste analysis.

    (a)(1) Before an owner or operator treats, stores, or disposes of 
any hazardous wastes, or nonhazardous wastes if applicable under Sec. 
264.113(d), he must obtain a detailed chemical and physical analysis of 
a representative sample of the wastes. At a minimum, the analysis must 
contain all the information which must be known to treat, store, or 
dispose of the waste in accordance with this part and part 268 of this 
chapter.
    (2) The analysis may include data developed under part 261 of this 
chapter, and existing published or documented data on the hazardous 
waste or on hazardous waste generated from similar processes.

[1: For example, the facility's records of analyses performed on the 
waste before the effective date of these regulations, or studies 
conducted on hazardous waste generated from processes similar to that 
which generated the waste to be managed at the facility, may be included 
in the data base required to comply with paragraph (a)(1) of this 
section. The owner or operator of an off-site facility may arrange for 
the generator of the hazardous waste to supply part of the information 
required by paragraph (a)(1) of this section, except as otherwise 
specified in 40 CFR 268.7 (b) and (c). If the generator does not supply 
the information, and the owner or operator chooses to accept a hazardous 
waste, the owner or operator is responsible for obtaining the 
information required to comply with this section.]

    (3) The analysis must be repeated as necessary to ensure that it is 
accurate and up to date. At a minimum, the analysis must be repeated:
    (i) When the owner or operator is notified, or has reason to 
believe, that the process or operation generating the hazardous wastes, 
or non-hazardous wastes if applicable under Sec. 264.113(d), has 
changed; and
    (ii) For off-site facilities, when the results of the inspection 
required in paragraph (a)(4) of this section indicate that the hazardous 
waste received at the facility does not match the waste designated on 
the accompanying manifest or shipping paper.
    (4) The owner or operator of an off-site facility must inspect and, 
if necessary, analyze each hazardous waste movement received at the 
facility to determine whether it matches the identity of the waste 
specified on the accompanying manifest or shipping paper.
    (b) The owner or operator must develop and follow a written waste 
analysis plan which describes the procedures which he will carry out to 
comply with paragraph (a) of this section. He must keep this plan at the 
facility. At a minimum, the plan must specify:
    (1) The parameters for which each hazardous waste, or non-hazardous 
waste if applicable under Sec. 264.113(d), will be analyzed and the 
rationale for the selection of these parameters (i.e., how analysis for 
these parameters will provide sufficient information on the waste's 
properties to comply with paragraph (a) of this section);
    (2) The test methods which will be used to test for these 
parameters;
    (3) The sampling method which will be used to obtain a 
representative sample of the waste to be analyzed. A representative 
sample may be obtained using either:
    (i) One of the sampling methods described in appendix I of part 261 
of this chapter; or
    (ii) An equivalent sampling method.

[Comment: See Sec. 260.21 of this chapter for related discussion.]

    (4) The frequency with which the initial analysis of the waste will 
be reviewed or repeated to ensure that the analysis is accurate and up 
to date; and
    (5) For off-site facilities, the waste analyses that hazardous waste 
generators have agreed to supply.
    (6) Where applicable, the methods that will be used to meet the 
additional waste analysis requirements for specific waste management 
methods as specified in Sec. Sec. 264.17, 264.314, 264.341, 
264.1034(d), 264.1063(d), 264.1083, and 268.7 of this chapter.
    (7) For surface impoundments exempted from land disposal 
restrictions under Sec. 268.4(a), the procedures and schedules for:
    (i) The sampling of impoundment contents;

[[Page 355]]

    (ii) The analysis of test data; and,
    (iii) The annual removal of residues which are not delisted under 
Sec. 260.22 of this chapter or which exhibit a characteristic of 
hazardous waste and either:
    (A) Do not meet applicable treatment standards of part 268, subpart 
D; or
    (B) Where no treatment standards have been established:
    (1) Such residues are prohibited from land disposal under Sec. 
268.32 or RCRA section 3004(d); or
    (2) Such residues are prohibited from land disposal under Sec. 
268.33(f).
    (8) For owners and operators seeking an exemption to the air 
emission standards of subpart CC in accordance with Sec. 264.1082--
    (i) If direct measurement is used for the waste determination, the 
procedures and schedules for waste sampling and analysis, and the 
results of the analysis of test data to verify the exemption.
    (ii) If knowledge of the waste is used for the waste determination, 
any information prepared by the facility owner or operator or by the 
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
    (c) For off-site facilities, the waste analysis plan required in 
paragraph (b) of this section must also specify the procedures which 
will be used to in-spect and, if necessary, analyze each movement of 
hazardous waste received at the facility to ensure that it matches the 
identity of the waste designated on the accompanying manifest or 
shipping paper. At a minimum, the plan must describe:
    (1) The procedures which will be used to determine the identity of 
each movement of waste managed at the facility; and
    (2) The sampling method which will be used to obtain a 
representative sample of the waste to be identified, if the 
identification method includes sampling.
    (3) The procedures that the owner or operator of an off-site 
landfill receiving containerized hazardous waste will use to determine 
whether a hazardous waste generator or treater has added a biodegradable 
sorbent to the waste in the container.

[Comment: Part 270 of this chapter requires that the waste analysis plan 
be submitted with part B of the permit application.]

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 
FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17, 
1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 
25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, 
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 71 FR 40272, 
July 14, 2006]



Sec. 264.14  Security.

    (a) The owner or operator must prevent the unknowing entry, and 
minimize the possibility for the unauthorized entry, of persons or 
livestock onto the active portion of his facility, unless he can 
demonstrate to the Regional Administrator that:
    (1) Physical contact with the waste, structures, or equipment within 
the active portion of the facility will not injure unknowing or 
unauthorized persons or livestock which may enter the active portion of 
a facility; and
    (2) Disturbance of the waste or equipment, by the unknowing or 
unauthorized entry of persons or livestock onto the active portion of a 
facility, will not cause a violation of the requirements of this part.

[Comment: Part 270 of this chapter requires that an owner or operator 
who wishes to make the demonstration referred to above must do so with 
part B of the permit application.]

    (b) Unless the owner or operator has made a successful demonstration 
under paragraphs (a) (1) and (2) of this section, a facility must have:
    (1) A 24-hour surveillance system (e.g., television monitoring or 
surveillance by guards or facility personnel) which continuously 
monitors and controls entry onto the active portion of the facility; or
    (2)(i) An artificial or natural barrier (e.g., a fence in good 
repair or a fence combined with a cliff), which completely surrounds the 
active portion of the facility; and
    (ii) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (e.g., an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).


[[Page 356]]


[Comment: The requirements of paragraph (b) of this section are 
satisfied if the facility or plant within which the active portion is 
located itself has a surveillance system, or a barrier and a means to 
control entry, which complies with the requirements of paragraph (b) (1) 
or (2) of this section.]

    (c) Unless the owner or operator has made a successful demonstration 
under paragraphs (a) (1) and (2) of this section, a sign with the 
legend, ``Danger--Unauthorized Personnel Keep Out'', must be posted at 
each entrance to the active portion of a facility, and at other 
locations, in sufficient numbers to be seen from any approach to this 
active portion. The legend must be written in English and in any other 
language predominant in the area surrounding the facility (e.g., 
facilities in counties bordering the Canadian province of Quebec must 
post signs in French; facilities in counties bordering Mexico must post 
signs in Spanish), and must be legible from a distance of at least 25 
feet. Existing signs with a legend other than ``Danger--Unauthorized 
Personnel Keep Out'' may be used if the legend on the sign indicates 
that only authorized personnel are allowed to enter the active portion, 
and that entry onto the active portion can be dangerous.

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

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



Sec. 264.15  General inspection requirements.

    (a) The owner or operator must inspect his facility for malfunctions 
and deterioration, operator errors, and discharges which may be 
causing--or may lead to--(1) release of hazardous waste constituents to 
the environment or (2) a threat to human health. The owner or operator 
must conduct these inspections often enough to identify problems in time 
to correct them before they harm human health or the environment.
    (b)(1) The owner or operator must develop and follow a written 
schedule for inspecting monitoring equipment, safety and emergency 
equipment, security devices, and operating and structural equipment 
(such as dikes and sump pumps) that are important to preventing, 
detecting, or responding to environmental or human health hazards.
    (2) He must keep this schedule at the facility.
    (3) The schedule must identify the types of problems (e.g., 
malfunctions or deterioration) which are to be looked for during the 
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, 
etc.).
    (4) The frequency of inspection may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or operator 
error goes undetected between inspections. Areas subject to spills, such 
as loading and unloading areas, must be inspected daily when in use, 
except for Performance Track member facilities, that must inspect at 
least once each month, upon approval by the Director, as described in 
paragraph (b)(5) of this section. At a minimum, the inspection schedule 
must include the items and frequencies called for in Sec. Sec. 264.174, 
264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 
264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of 
this part, where applicable.

[Comment: Part 270 of this chapter requires the inspection schedule to 
be submitted with part B of the permit application. EPA will evaluate 
the schedule along with the rest of the application to ensure that it 
adequately protects human health and the environment. As part of this 
review, EPA may modify or amend the schedule as may be necessary.]

    (5) Performance Track member facilities that choose to reduce their 
inspection frequency must:
    (i) Submit a request for a Class I permit modification with prior 
approval to the Director. The modification request must identify the 
facility as a member of the National Environmental Performance Track 
Program and identify the management units for reduced inspections and 
the proposed frequency of inspections. The modification request must 
also specify, in writing, that the reduced inspection frequency will 
apply for as long as the facility is a Performance Track member 
facility,

[[Page 357]]

and that within seven calendar days of ceasing to be a Performance Track 
member, the facility will revert to the non-Performance Track inspection 
frequency. Inspections must be conducted at least once each month.
    (ii) Within 60 days, the Director will notify the Performance Track 
member facility, in writing, if the request is approved, denied, or if 
an extension to the 60-day deadline is needed. This notice must be 
placed in the facility's operating record. The Performance Track member 
facility should consider the application approved if the Director does 
not: deny the application; or notify the Performance Track member 
facility of an extension to the 60-day deadline. In these situations, 
the Performance Track member facility must adhere to the revised 
inspection schedule outlined in its request for a Class 1 permit 
modification and keep a copy of the application in the facility's 
operating record.
    (iii) Any Performance Track member facility that discontinues their 
membership or is terminated from the program must immediately notify the 
Director of their change in status. The facility must place in its 
operating record a dated copy of this notification and revert back to 
the non-Performance Track inspection frequencies within seven calendar 
days.
    (c) The owner or operator must remedy any deterioration or 
malfunction of equipment or structures which the inspection reveals on a 
schedule which ensures that the problem does not lead to an 
environmental or human health hazard. Where a hazard is imminent or has 
already occurred, remedial action must be taken immediately.
    (d) The owner or operator must record inspections in an inspection 
log or summary. He must keep these records for at least three years from 
the date of inspection. At a minimum, these records must include the 
date and time of the inspection, the name of the inspector, a notation 
of the observations made, and the date and nature of any repairs or 
other remedial actions.

[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6, 
1994; 62 FR 64656, Dec. 8, 1997; 71 FR 16903, Apr. 4, 2006]



Sec. 264.16  Personnel training.

    (a)(1) Facility personnel must successfully complete a program of 
classroom instruction or on-the-job training that teaches them to 
perform their duties in a way that ensures the facility's compliance 
with the requirements of this part. The owner or operator must ensure 
that this program includes all the elements described in the document 
required under paragraph (d)(3) of this section.

[Comment: Part 270 of this chapter requires that owners and operators 
submit with part B of the RCRA permit application, an outline of the 
training program used (or to be used) at the facility and a brief 
description of how the training program is designed to meet actual job 
tasks.]

    (2) This program must be directed by a person trained in hazardous 
waste management procedures, and must include instruction which teaches 
facility personnel hazardous waste management procedures (including 
contingency plan implementation) relevant to the positions in which they 
are employed.
    (3) At a minimum, the training program must be designed to ensure 
that facility personnel are able to respond effectively to emergencies 
by familiarizing them with emergency procedures, emergency equipment, 
and emergency systems, including, where applicable:
    (i) Procedures for using, inspecting, repairing, and replacing 
facility emergency and monitoring equipment;
    (ii) Key parameters for automatic waste feed cut-off systems;
    (iii) Communications or alarm systems;
    (iv) Response to fires or explosions;
    (v) Response to ground-water contamination incidents; and
    (vi) Shutdown of operations.
    (4) For facility employees that receive emergency response training 
pursuant to Occupational Safety and Health Administration (OSHA) 
regulations 29 CFR 1910.120(p)(8) and

[[Page 358]]

1910.120(q), the facility is not required to provide separate emergency 
response training pursuant to this section, provided that the overall 
facility training meets all the requirements of this section.
    (b) Facility personnel must successfully complete the program 
required in paragraph (a) of this section within six months after the 
effective date of these regulations or six months after the date of 
their employment or assignment to a facility, or to a new position at a 
facility, whichever is later. Employees hired after the effective date 
of these regulations must not work in unsupervised positions until they 
have completed the training requirements of paragraph (a) of this 
section.
    (c) Facility personnel must take part in an annual review of the 
initial training required in paragraph (a) of this section.
    (d) The owner or operator must maintain the following documents and 
records at the facility:
    (1) The job title for each position at the facility related to 
hazardous waste management, and the name of the employee filling each 
job;
    (2) A written job description for each position listed under 
paragraph (d)(1) of this section. This description may be consistent in 
its degree of specificity with descriptions for other similar positions 
in the same company location or bargaining unit, but must include the 
requisite skill, education, or other qualifications, and duties of 
employees assigned to each position;
    (3) A written description of the type and amount of both 
introductory and continuing training that will be given to each person 
filling a position listed under paragraph (d)(1) of this section;
    (4) Records that document that the training or job experience 
required under paragraphs (a), (b), and (c) of this section has been 
given to, and completed by, facility personnel.
    (e) Training records on current personnel must be kept until closure 
of the facility; training records on former employees must be kept for 
at least three years from the date the employee last worked at the 
facility. Personnel training records may accompany personnel transferred 
within the same company.

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 
2006]



Sec. 264.17  General requirements for ignitable, reactive, or incompatible 

wastes.

    (a) The owner or operator must take precautions to prevent 
accidental ignition or reaction of ignitable or reactive waste. This 
waste must be separated and protected from sources of ignition or 
reaction including but not limited to: open flames, smoking, cutting and 
welding, hot surfaces, frictional heat, sparks (static, electrical, or 
mechanical), spontaneous ignition (e.g., from heat-producing chemical 
reactions), and radiant heat. While ignitable or reactive waste is being 
handled, the owner or operator must confine smoking and open flame to 
specially designated locations. ``No Smoking'' signs must be 
conspicuously placed wherever there is a hazard from ignitable or 
reactive waste.
    (b) Where specifically required by other sections of this part, the 
owner or operator of a facility that treats, stores or disposes 
ignitable or reactive waste, or mixes incompatible waste or incompatible 
wastes and other materials, must take precautions to prevent reactions 
which:
    (1) Generate extreme heat or pressure, fire or explosions, or 
violent reactions;
    (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health or the environment;
    (3) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;
    (4) Damage the structural integrity of the device or facility;
    (5) Through other like means threaten human health or the 
environment.
    (c) When required to comply with paragraph (a) or (b) of this 
section, the owner or operator must document that compliance. This 
documentation may be based on references to published scientific or 
engineering literature, data from trial tests (e.g., bench scale or 
pilot scale tests), waste analyses (as

[[Page 359]]

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

[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985; 71 
FR 40272, July 14, 2006]



Sec. 264.18  Location standards.

    (a) Seismic considerations. (1) Portions of new facilities where 
treatment, storage, or disposal of hazardous waste will be conducted 
must not be located within 61 meters (200 feet) of a fault which has had 
displacement in Holocene time.
    (2) As used in paragraph (a)(1) of this section:
    (i) ``Fault'' means a fracture along which rocks on one side have 
been displaced with respect to those on the other side.
    (ii) ``Displacement'' means the relative movement of any two sides 
of a fault measured in any direction.
    (iii) ``Holocene'' means the most recent epoch of the Quaternary 
period, extending from the end of the Pleistocene to the present.

[Comment: Procedures for demonstrating compliance with this standard in 
part B of the permit application are specified in Sec. 270.14(b)(11). 
Facilities which are located in political jurisdictions other than those 
listed in appendix VI of this part, are assumed to be in compliance with 
this requirement.]

    (b) Floodplains. (1) A facility located in a 100-year floodplain 
must be designed, constructed, operated, and maintained to prevent 
washout or any hazardous waste by a 100-year flood, unless the owner or 
operator can demonstrate to the Regional Administrator's satisfaction 
that:
    (i) Procedures are in effect which will cause the waste to be 
removed safely, before flood waters can reach the facility, to a 
location where the wastes will not be vulnerable to flood waters; or
    (ii) For existing surface impoundments, waste piles, land treatment 
units, landfills, and miscellaneous units, no adverse effects on human 
health or the environment will result if washout occurs, considering:
    (A) The volume and physical and chemical characteristics of the 
waste in the facility;
    (B) The concentration of hazardous constituents that would 
potentially affect surface waters as a result of washout;
    (C) The impact of such concentrations on the current or potential 
uses of and water quality standards established for the affected surface 
waters; and
    (D) The impact of hazardous constituents on the sediments of 
affected surface waters or the soils of the 100- year floodplain that 
could result from washout.

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

    (2) As used in paragraph (b)(1) of this section:
    (i) ``100-year floodplain'' means any land area which is subject to 
a one percent or greater chance of flooding in any given year from any 
source.
    (ii) ``Washout'' means the movement of hazardous waste from the 
active portion of the facility as a result of flooding.
    (iii) ``100-year flood'' means a flood that has a one percent chance 
of being equalled or exceeded in any given year.

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

    (c) Salt dome formations, salt bed formations, underground mines and 
caves. The placement of any noncontainerized or bulk liquid hazardous 
waste in any salt dome formation, salt bed formation, underground mine 
or cave is prohibited, except for the Department of

[[Page 360]]

Energy Waste Isolation Pilot Project in New Mexico.

[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 71 FR 
40272, July 14, 2006]



Sec. 264.19  Construction quality assurance program.

    (a) CQA program. (1) A construction quality assurance (CQA) program 
is required for all surface impoundment, waste pile, and landfill units 
that are required to comply with Sec. Sec. 264.221 (c) and (d), 264.251 
(c) and (d), and 264.301 (c) and (d). The program must ensure that the 
constructed unit meets or exceeds all design criteria and specifications 
in the permit. The program must be developed and implemented under the 
direction of a CQA officer who is a registered professional engineer.
    (2) The CQA program must address the following physical components, 
where applicable:
    (i) Foundations;
    (ii) Dikes;
    (iii) Low-permeability soil liners;
    (iv) Geomembranes (flexible membrane liners);
    (v) Leachate collection and removal systems and leak detection 
systems; and
    (vi) Final cover systems.
    (b) Written CQA plan. The owner or operator of units subject to the 
CQA program under paragraph (a) of this section must develop and 
implement a written CQA plan. The plan must identify steps that will be 
used to monitor and document the quality of materials and the condition 
and manner of their installation. The CQA plan must include:
    (1) Identification of applicable units, and a description of how 
they will be constructed.
    (2) Identification of key personnel in the development and 
implementation of the CQA plan, and CQA officer qualifications.
    (3) A description of inspection and sampling activities for all unit 
components identified in paragraph (a)(2) of this section, including 
observations and tests that will be used before, during, and after 
construction to ensure that the construction materials and the installed 
unit components meet the design specifications. The description must 
cover: Sampling size and locations; frequency of testing; data 
evaluation procedures; acceptance and rejection criteria for 
construction materials; plans for implementing corrective measures; and 
data or other information to be recorded and retained in the operating 
record under Sec. 264.73.
    (c) Contents of program. (1) The CQA program must include 
observations, inspections, tests, and measurements sufficient to ensure:
    (i) Structural stability and integrity of all components of the unit 
identified in paragraph (a)(2) of this section;
    (ii) Proper construction of all components of the liners, leachate 
collection and removal system, leak detection system, and final cover 
system, according to permit specifications and good engineering 
practices, and proper installation of all components (e.g., pipes) 
according to design specifications;
    (iii) Conformity of all materials used with design and other 
material specifications under Sec. Sec. 264.221, 264.251, and 264.301.
    (2) The CQA program shall include test fills for compacted soil 
liners, using the same compaction methods as in the full scale unit, to 
ensure that the liners are constructed to meet the hydraulic 
conductivity requirements of Sec. Sec. 264.221(c)(1)(i)(B), 
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance 
with the hydraulic conductivity requirements must be verified by using 
in-situ testing on the constructed test fill. The Regional Administrator 
may accept an alternative demonstration, in lieu of a test fill, where 
data are sufficient to show that a constructed soil liner will meet the 
hydraulic conductivity requirements of Sec. Sec. 264.221(c)(1)(i)(B), 
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
    (d) Certification. Waste shall not be received in a unit subject to 
Sec. 264.19 until the owner or operator has submitted to the Regional 
Administrator by certified mail or hand delivery a certification signed 
by the CQA officer that the approved CQA plan has been successfully 
carried out and that the unit meets the requirements of Sec. Sec. 
264.221 (c) or (d), 264.251 (c) or (d), or

[[Page 361]]

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

[57 FR 3486, Jan. 29, 1992]



                  Subpart C_Preparedness and Prevention



Sec. 264.30  Applicability.

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



Sec. 264.31  Design and operation of facility.

    Facilities must be designed, constructed, maintained, and operated 
to minimize the possibility of a fire, explosion, or any unplanned 
sudden or non-sudden release of hazardous waste or hazardous waste 
constituents to air, soil, or surface water which could threaten human 
health or the environment.



Sec. 264.32  Required equipment.

    All facilities must be equipped with the following, unless it can be 
demonstrated to the Regional Administrator that none of the hazards 
posed by waste handled at the facility could require a particular kind 
of equipment specified below:
    (a) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel;
    (b) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments, fire departments, or 
State or local emergency response teams;
    (c) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment, and decontamination equipment; 
and
    (d) Water at adequate volume and pressure to supply water hose 
streams, or foam producing equipment, or automatic sprinklers, or water 
spray systems.

[Comment: Part 270 of this chapter requires that an owner or operator 
who wishes to make the demonstration referred to above must do so with 
part B of the permit application.]

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



Sec. 264.33  Testing and maintenance of equipment.

    All facility communications or alarm systems, fire protection 
equipment, spill control equipment, and decontamination equipment, where 
required, must be tested and maintained as necessary to assure its 
proper operation in time of emergency.



Sec. 264.34  Access to communications or alarm system.

    (a) Whenever hazardous waste is being poured, mixed, spread, or 
otherwise handled, all personnel involved in the operation must have 
immediate access to an internal alarm or emergency communication device, 
either directly or through visual or voice contact with another 
employee, unless the Regional Administrator has ruled that such a device 
is not required under Sec. 264.32.
    (b) If there is ever just one employee on the premises while the 
facility is operating, he must have immediate access to a device, such 
as a telephone (immediately available at the scene of operation) or a 
hand-held two-way radio, capable of summoning external emergency 
assistance, unless the Regional Administrator has ruled that such a 
device is not required under Sec. 264.32.



Sec. 264.35  Required aisle space.

    The owner or operator must maintain aisle space to allow the 
unobstructed movement of personnel, fire protection equipment, spill 
control equipment, and decontamination equipment to any area of facility 
operation in an emergency, unless it can be demonstrated to the Regional 
Administrator that aisle space is not needed for any of these purposes.

[Comment: Part 270 of this chapter requires that an owner or operator 
who wishes to make the demonstration referred to above

[[Page 362]]

must do so with part B of the permit application.]

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



Sec. 264.36  [Reserved]



Sec. 264.37  Arrangements with local authorities.

    (a) The owner or operator must attempt to make the following 
arrangements, as appropriate for the type of waste handled at his 
facility and the potential need for the services of these organizations:
    (1) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
hazardous waste handled at the facility and associated hazards, places 
where facility personnel would normally be working, entrances to and 
roads inside the facility, and possible evacuation routes;
    (2) Where more than one police and fire department might respond to 
an emergency, agreements designating primary emergency authority to a 
specific police and a specific fire department, and agreements with any 
others to provide support to the primary emergency authority;
    (3) Agreements with State emergency response teams, emergency 
response contractors, and equipment suppliers; and
    (4) Arrangements to familiarize local hospitals with the properties 
of hazardous waste handled at the facility and the types of injuries or 
illnesses which could result from fires, explosions, or releases at the 
facility.
    (b) Where State or local authorities decline to enter into such 
arrangements, the owner or operator must document the refusal in the 
operating record.



           Subpart D_Contingency Plan and Emergency Procedures



Sec. 264.50  Applicability.

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



Sec. 264.51  Purpose and implementation of contingency plan.

    (a) Each owner or operator must have a contingency plan for his 
facility. The contingency plan must be designed to minimize hazards to 
human health or the environment from fires, explosions, or any unplanned 
sudden or non-sudden release of hazardous waste or hazardous waste 
constituents to air, soil, or surface water.
    (b) The provisions of the plan must be carried out immediately 
whenever there is a fire, explosion, or release of hazardous waste or 
hazardous waste constituents which could threaten human health or the 
environment.

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



Sec. 264.52  Content of contingency plan.

    (a) The contingency plan must describe the actions facility 
personnel must take to comply with Sec. Sec. 264.51 and 264.56 in 
response to fires, explosions, or any unplanned sudden or non-sudden 
release of hazardous waste or hazardous waste constituents to air, soil, 
or surface water at the facility.
    (b) If the owner or operator has already prepared a Spill 
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 
part 112 of this chapter, or part 1510 of chapter V, or some other 
emergency or contingency plan, he need only amend that plan to 
incorporate hazardous waste management provisions that are sufficient to 
comply with the requirements of this part. The owner or operator may 
develop one contingency plan which meets all regulatory requirements. 
EPA recommends that the plan be based on the National Response Team's 
Integrated Contingency Plan Guidance (``One Plan''). When modifications 
are made to non-RCRA provisions in an integrated contingency plan, the 
changes do not trigger the need for a RCRA permit modification.
    (c) The plan must describe arrangements agreed to by local police 
departments, fire departments, hospitals, contractors, and State and 
local emergency response teams to coordinate emergency services, 
pursuant to Sec. 264.37.

[[Page 363]]

    (d) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
Sec. 264.55), and this list must be kept up to date. Where more than 
one person is listed, one must be named as primary emergency coordinator 
and others must be listed in the order in which they will assume 
responsibility as alternates. For new facilities, this information must 
be supplied to the Regional Administrator at the time of certification, 
rather than at the time of permit application.
    (e) The plan must include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external), and 
decontamination equipment), where this equipment is required. This list 
must be kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list, and a brief outline 
of its capabilities.
    (f) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of hazardous waste or fires).

[45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 
FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006]



Sec. 264.53  Copies of contingency plan.

    A copy of the contingency plan and all revisions to the plan must 
be:
    (a) Maintained at the facility; and
    (b) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.

[Comment: The contingency plan must be submitted to the Regional 
Administrator with Part B of the permit application under part 270, of 
this chapter and, after modification or approval, will become a 
condition of any permit issued.]

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



Sec. 264.54  Amendment of contingency plan.

    The contingency plan must be reviewed, and immediately amended, if 
necessary, whenever:
    (a) The facility permit is revised;
    (b) The plan fails in an emergency;
    (c) The facility changes--in its design, construction, operation, 
maintenance, or other circumstances--in a way that materially increases 
the potential for fires, explosions, or releases of hazardous waste or 
hazardous waste constituents, or changes the response necessary in an 
emergency;
    (d) The list of emergency coordinators changes; or
    (e) The list of emergency equipment changes.

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



Sec. 264.55  Emergency coordinator.

    At all times, there must be at least one employee either on the 
facility premises or on call (i.e., available to respond to an emergency 
by reaching the facility within a short period of time) with the 
responsibility for coordinating all emergency response measures. This 
emergency coordinator must be thoroughly familiar with all aspects of 
the facility's contingency plan, all operations and activities at the 
facility, the location and characteristics of waste handled, the 
location of all records within the facility, and the facility layout. In 
addition, this person must have the authority to commit the resources 
needed to carry out the contingency plan.

[Comment: The emergency coordinator's responsibilities are more fully 
spelled out in Sec. 264.56. Applicable responsibilities for the 
emergency coordinator vary, depending on factors such as type and 
variety of waste(s) handled by the facility, and type and complexity of 
the facility.]



Sec. 264.56  Emergency procedures.

    (a) Whenever there is an imminent or actual emergency situation, the 
emergency coordinator (or his designee when the emergency coordinator is 
on call) must immediately:

[[Page 364]]

    (1) Activate internal facility alarms or communication systems, 
where applicable, to notify all facility personnel; and
    (2) Notify appropriate State or local agencies with designated 
response roles if their help is needed.
    (b) Whenever there is a release, fire, or explosion, the emergency 
coordinator must immediately identify the character, exact source, 
amount, and areal extent of any released materials. He may do this by 
observation or review of facility records or manifests, and, if 
necessary, by chemical analysis.
    (c) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-off from 
water or chemical agents used to control fire and heat-induced 
explosions).
    (d) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (1) If his assessment indicates that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (2) He must immediately notify either the government official 
designated as the on-scene coordinator for that geographical area, (in 
the applicable regional contingency plan under part 1510 of this title) 
or the National Response Center (using their 24-hour toll free number 
800/424-8802). The report must include:
    (i) Name and telephone number of reporter;
    (ii) Name and address of facility;
    (iii) Time and type of incident (e.g., release, fire);
    (iv) Name and quantity of material(s) involved, to the extent known;
    (v) The extent of injuries, if any; and
    (vi) The possible hazards to human health, or the environment, 
outside the facility.
    (e) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other hazardous waste at the 
facility. These measures must include, where applicable, stopping 
processes and operations, collecting and containing release waste, and 
removing or isolating containers.
    (f) If the facility stops operations in response to a fire, 
explosion, or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (g) Immediately after an emergency, the emergency coordinator must 
provide for treating, storing, or disposing of recovered waste, 
contaminated soil or surface water, or any other material that results 
from a release, fire, or explosion at the facility.

[Comment: Unless the owner or operator can demonstrate, in accordance 
with Sec. 261.3(c) or (d) of this chapter, that the recovered material 
is not a hazardous waste, the owner or operator becomes a generator of 
hazardous waste and must manage it in accordance with all applicable 
requirements of parts 262, 263, and 264 of this chapter.]

    (h) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (1) No waste that may be incompatible with the released material is 
treated, stored, or disposed of until cleanup procedures are completed; 
and
    (2) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.
    (i) The owner or operator must note in the operating record the 
time, date, and details of any incident that requires implementing the 
contingency plan. Within 15 days after the incident, he must submit a 
written report on the incident to the Regional Administrator. The report 
must include:
    (1) Name, address, and telephone number of the owner or operator;
    (2) Name, address, and telephone number of the facility;

[[Page 365]]

    (3) Date, time, and type of incident (e.g., fire, explosion);
    (4) Name and quantity of material(s) involved;
    (5) The extent of injuries, if any;
    (6) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable; and
    (7) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 
FR 16903, Apr. 4, 2006]



         Subpart E_Manifest System, Recordkeeping, and Reporting



Sec. 264.70  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
both on-site and off-site facilities, except as Sec. 264.1 provides 
otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners 
and operators of on-site facilities that do not receive any hazardous 
waste from off-site sources, nor to owners and operators of off-site 
facilities with respect to waste military munitions exempted from 
manifest requirements under 40 CFR 266.203(a). Section 264.73(b) only 
applies to permittees who treat, store, or dispose of hazardous wastes 
on-site where such wastes were generated.
    (b) The revised Manifest form and procedures in 40 CFR 260.10, 
261.7, 264.70, 264.71. 264.72, and 264.76, shall not apply until 
September 5, 2006. The Manifest form and procedures in 40 CFR 260.10, 
261.7, 264.70, 264.71. 264.72, and 264.76, contained in the 40 CFR, 
parts 260 to 265, edition revised as of July 1, 2004, shall be 
applicable until September 5, 2006.

[70 FR 10821, Mar. 4, 2005]



Sec. 264.71  Use of manifest system.

    (a)(1) If a facility receives hazardous waste accompanied by a 
manifest, the owner, operator or his/her agent must sign and date the 
manifest as indicated in paragraph (a)(2) of this section to certify 
that the hazardous waste covered by the manifest was received, that the 
hazardous waste was received except as noted in the discrepancy space of 
the manifest, or that the hazardous waste was rejected as noted in the 
manifest discrepancy space.
    (2) If a facility receives a hazardous waste shipment accompanied by 
a manifest, the owner, operator or his agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec. 264.72(a)) on each 
copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the 
manifest;
    (iv) Within 30 days of delivery, send a copy of the manifest to the 
generator; and
    (v) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (3) If a facility receives hazardous waste imported from a foreign 
source, the receiving facility must mail a copy of the manifest to the 
following address within 30 days of delivery: International Compliance 
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection 
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460.
    (b) If a facility receives, from a rail or water (bulk shipment) 
transporter, hazardous waste which is accompanied by a shipping paper 
containing all the information required on the manifest (excluding the 
EPA identification numbers, generator's certification, and signatures), 
the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest or shipping paper (if 
the manifest has not been received) to certify that the hazardous waste 
covered by the manifest or shipping paper was received;
    (2) Note any significant discrepancies (as defined in Sec. 
264.72(a)) in the manifest or shipping paper (if the manifest has not 
been received) on each copy of the manifest or shipping paper.

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


[[Page 366]]


    (3) Immediately give the rail or water (bulk shipment) transporter 
at least one copy of the manifest or shipping paper (if the manifest has 
not been received);
    (4) Within 30 days after the delivery, send a copy of the signed and 
dated manifest or a signed and dated copy of the shipping paper (if the 
manifest has not been received within 30 days after delivery) to the 
generator; and

[Comment: Section 262.23(c) of this chapter requires the generator to 
send three copies of the manifest to the facility when hazardous waste 
is sent by rail or water (bulk shipment).]

    (5) Retain at the facility a copy of the manifest and shipping paper 
(if signed in lieu of the manifest at the time of delivery) for at least 
three years from the date of delivery.
    (c) Whenever a shipment of hazardous waste is initiated from a 
facility, the owner or operator of that facility must comply with the 
requirements of part 262 of this chapter.

[Comment: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.34 only apply to owners or operators who are 
shipping hazardous waste which they generated at that facility.]

    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of the facility 
must provide a copy of the tracking document bearing all required 
signatures to the notifier, to the Office of Enforcement and Compliance 
Assurance, Office of Compliance, Enforcement Planning, Targeting and 
Data Division (2222A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and to competent 
authorities of all other concerned countries. The original copy of the 
tracking document must be maintained at the facility for at least three 
years from the date of signature.
    (e) A facility must determine whether the consignment state for a 
shipment regulates any additional wastes (beyond those regulated 
Federally) as hazardous wastes under its state hazardous waste program. 
Facilities must also determine whether the consignment state or 
generator state requires the facility to submit any copies of the 
manifest to these states.

[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 61 FR 16315, Apr. 12, 1996; 70 FR 10821, Mar. 4, 2005]



Sec. 264.72  Manifest discrepancies.

    (a) Manifest discrepancies are:
    (1) Significant differences (as defined by paragraph (b) of this 
section) between the quantity or type of hazardous waste designated on 
the manifest or shipping paper, and the quantity and type of hazardous 
waste a facility actually receives;
    (2) Rejected wastes, which may be a full or partial shipment of 
hazardous waste that the TSDF cannot accept; or
    (3) Container residues, which are residues that exceed the quantity 
limits for ``empty'' containers set forth in 40 CFR 261.7(b).
    (b) Significant differences in quantity are: For bulk waste, 
variations greater than 10 percent in weight; for batch waste, any 
variation in piece count, such as a discrepancy of one drum in a 
truckload. Significant differences in type are obvious differences which 
can be discovered by inspection or waste analysis, such as waste solvent 
substituted for waste acid, or toxic constituents not reported on the 
manifest or shipping paper.
    (c) Upon discovering a significant difference in quantity or type, 
the owner or operator must attempt to reconcile the discrepancy with the 
waste generator or transporter (e.g., with telephone conversations). If 
the discrepancy is not resolved within 15 days after receiving the 
waste, the owner or operator must immediately submit to the Regional 
Administrator a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue.
    (d)(1) Upon rejecting waste or identifying a container residue that 
exceeds the quantity limits for ``empty'' containers set forth in 40 CFR 
261.7(b), the facility must consult with the generator prior to 
forwarding the waste to another facility that can manage the waste. If 
it is impossible to locate an alternative facility that can receive the 
waste, the facility may return the rejected waste or residue to the 
generator. The facility must send the waste

[[Page 367]]

to the alternative facility or to the generator within 60 days of the 
rejection or the container residue identification.
    (2) While the facility is making arrangements for forwarding 
rejected wastes or residues to another facility under this section, it 
must ensure that either the delivering transporter retains custody of 
the waste, or, the facility must provide for secure, temporary custody 
of the waste, pending delivery of the waste to the first transporter 
designated on the manifest prepared under paragraph (e) or (f) of this 
section.
    (e) Except as provided in paragraph (e)(7) of this section, for full 
or partial load rejections and residues that are to be sent off-site to 
an alternate facility, the facility is required to prepare a new 
manifest in accordance with Sec. 262.20(a) of this chapter and the 
following instructions:
    (1) Write the generator's U.S. EPA ID number in Item 1 of the new 
manifest. Write the generator's name and mailing address in Item 5 of 
the new manifest. If the mailing address is different from the 
generator's site address, then write the generator's site address in the 
designated space for Item 5.
    (2) Write the name of the alternate designated facility and the 
facility's U.S. EPA ID number in the designated facility block (Item 8) 
of the new manifest.
    (3) Copy the manifest tracking number found in Item 4 of the old 
manifest to the Special Handling and Additional Information Block of the 
new manifest, and indicate that the shipment is a residue or rejected 
waste from the previous shipment.
    (4) Copy the manifest tracking number found in Item 4 of the new 
manifest to the manifest reference number line in the Discrepancy Block 
of the old manifest (Item 18a).
    (5) Write the DOT description for the rejected load or the residue 
in Item 9 (U.S. DOT Description) of the new manifest and write the 
container types, quantity, and volume(s) of waste.
    (6) Sign the Generator's/Offeror's Certification to certify, as the 
offeror of the shipment, that the waste has been properly packaged, 
marked and labeled and is in proper condition for transportation.
    (7) For full load rejections that are made while the transporter 
remains present at the facility, the facility may forward the rejected 
shipment to the alternate facility by completing Item 18b of the 
original manifest and supplying the information on the next destination 
facility in the Alternate Facility space. The facility must retain a 
copy of this manifest for its records, and then give the remaining 
copies of the manifest to the transporter to accompany the shipment. If 
the original manifest is not used, then the facility must use a new 
manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) 
of this section.
    (f) Except as provided in paragraph (f)(7) of this section, for 
rejected wastes and residues that must be sent back to the generator, 
the facility is required to prepare a new manifest in accordance with 
Sec. 262.20(a) of this chapter and the following instructions:
    (1) Write the facility's U.S. EPA ID number in Item 1 of the new 
manifest. Write the generator's name and mailing address in Item 5 of 
the new manifest. If the mailing address is different from the 
generator's site address, then write the generator's site address in the 
designated space for Item 5.
    (2) Write the name of the initial generator and the generator's U.S. 
EPA ID number in the designated facility block (Item 8) of the new 
manifest.
    (3) Copy the manifest tracking number found in Item 4 of the old 
manifest to the Special Handling and Additional Information Block of the 
new manifest, and indicate that the shipment is a residue or rejected 
waste from the previous shipment.
    (4) Copy the manifest tracking number found in Item 4 of the new 
manifest to the manifest reference number line in the Discrepancy Block 
of the old manifest (Item 18a).
    (5) Write the DOT description for the rejected load or the residue 
in Item 9 (U.S. DOT Description) of the new manifest and write the 
container types, quantity, and volume(s) of waste.
    (6) Sign the Generator's/Offeror's Certification to certify, as 
offeror of the shipment, that the waste has been properly packaged, 
marked and labeled

[[Page 368]]

and is in proper condition for transportation.
    (7) For full load rejections that are made while the transporter 
remains at the facility, the facility may return the shipment to the 
generator with the original manifest by completing Item 18a and 18b of 
the manifest and supplying the generator's information in the Alternate 
Facility space. The facility must retain a copy for its records and then 
give the remaining copies of the manifest to the transporter to 
accompany the shipment. If the original manifest is not used, then the 
facility must use a new manifest and comply with paragraphs (f)(1), (2), 
(3), (4), (5), and (6) of this section.
    (g) If a facility rejects a waste or identifies a container residue 
that exceeds the quantity limits for ``empty'' containers set forth in 
40 CFR 261.7(b) after it has signed, dated, and returned a copy of the 
manifest to the delivering transporter or to the generator, the facility 
must amend its copy of the manifest to indicate the rejected wastes or 
residues in the discrepancy space of the amended manifest. The facility 
must also copy the manifest tracking number from Item 4 of the new 
manifest to the Discrepancy space of the amended manifest, and must re-
sign and date the manifest to certify to the information as amended. The 
facility must retain the amended manifest for at least three years from 
the date of amendment, and must within 30 days, send a copy of the 
amended manifest to the transporter and generator that received copies 
prior to their being amended.

[70 FR 10822, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005]



Sec. 264.73  Operating record.

    (a) The owner or operator must keep a written operating record at 
his facility.
    (b) The following information must be recorded, as it becomes 
available, and maintained in the operating record for three years unless 
noted as follows:
    (1) A description and the quantity of each hazardous waste received, 
and the method(s) and date(s) of its treatment, storage, or disposal at 
the facility as required by appendix I of this part. This information 
must be maintained in the operating record until closure of the 
facility;
    (2) The location of each hazardous waste within the facility and the 
quantity at each location. For disposal facilities, the location and 
quantity of each hazardous waste must be recorded on a map or diagram 
that shows each cell or disposal area. For all facilities, this 
information must include cross-references to manifest document numbers 
if the waste was accompanied by a manifest. This information must be 
maintained in the operating record until closure of the facility.

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

    (3) Records and results of waste analyses and waste determinations 
performed as specified in Sec. Sec. 264.13, 264.17, 264.314, 264.341, 
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec. 264.56(j);
    (5) Records and results of inspections as required by Sec. 
264.15(d) (except these data need be kept only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and Sec. Sec. 264.19, 264.191, 
264.193, 264.195, 264.222, 264.223, 264.226, 264.252-264.254, 264.276, 
264.278, 264.280, 264.302-264.304, 264.309, 264.602, 264.1034(c)-
264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and 264.1082 
through 264.1090 of this part. Maintain in the operating record for 
three years, except for records and results pertaining to ground-water 
monitoring and cleanup which must be maintained in the operating record 
until closure of the facility.
    (7) For off-site facilities, notices to generators as specified in 
Sec. 264.12(b); and
    (8) All closure cost estimates under Sec. 264.142, and for disposal 
facilities, all post-closure cost estimates under Sec. 264.144 of this 
part. This information must be maintained in the operating record until 
closure of the facility.
    (9) A certification by the permittee no less often than annually, 
that the

[[Page 369]]

permittee has a program in place to reduce the volume and toxicity of 
hazardous waste that he generates to the degree determined by the 
permittee to be economically practicable; and the proposed method of 
treatment, storage or disposal is that practicable method currently 
available to the permittee which minimizes the present and future threat 
to human health and the environment.
    (10) Records of the quantities and date of placement for each 
shipment of hazardous waste placed in land disposal units under an 
extension to the effective date of any land disposal restriction granted 
pursuant to Sec. 268.5 of this chapter, a petition pursuant to Sec. 
268.6 of this chapter, or a certification under Sec. 268.8 of this 
chapter, and the applicable notice required by a generator under Sec. 
268.7(a) of this chapter. This information must be maintained in the 
operating record until closure of the facility.
    (11) For an off-site treatment facility, a copy of the notice, and 
the certification and demonstration, if applicable, required by the 
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
    (12) For an on-site treatment facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator under Sec. 268.7 or Sec. 268.8;
    (13) For an off-site land disposal facility, a copy of the notice, 
and the certification and demonstration if applicable, required by the 
generator or the owner or operator of a treatment facility under 
Sec. Sec. 268.7 and 268.8, whichever is applicable; and
    (14) For an on-site land disposal facility, the information 
contained in the notice required by the generator or owner or operator 
of a treatment facility under Sec. 268.7, except for the manifest 
number, and the certification and demonstration if applicable, required 
under Sec. 268.8, whichever is applicable.
    (15) For an off-site storage facility, a copy of the notice, and the 
certification and demonstration if applicable, required by the generator 
or the owner or operator under Sec. 268.7 or Sec. 268.8; and
    (16) For an on-site storage facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator under Sec. 268.7 or Sec. 268.8.
    (17) Any records required under Sec. 264.1(j)(13).
    (18) Monitoring, testing or analytical data where required by Sec. 
264.347 must be maintained in the operating record for five years.
    (19) Certifications as required by Sec. 264.196(f) must be 
maintained in the operating record until closure of the facility.

[45 FR 33221, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
264.73, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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

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



Sec. 264.75  Biennial report.

    The owner or operator must prepare and submit a single copy of a 
biennial report to the Regional Administrator by March 1 of each even 
numbered year. The biennial report must be submitted on EPA form 8700-
13B. The report must cover facility activities during the previous 
calendar year and must include:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The calendar year covered by the report;

[[Page 370]]

    (c) For off-site facilities, the EPA identification number of each 
hazardous waste generator from which the facility received a hazardous 
waste during the year; for imported shipments, the report must give the 
name and address of the foreign generator;
    (d) A description and the quantity of each hazardous waste the 
facility received during the year. For off-site facilities, this 
information must be listed by EPA identification number of each 
generator;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) [Reserved]
    (g) The most recent closure cost estimate under Sec. 264.142, and, 
for disposal facilities, the most recent post-closure cost estimate 
under Sec. 264.144; and
    (h) For generators who treat, store, or dispose of hazardous waste 
on-site, a description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated.
    (i) For generators who treat, store, or dispose of hazardous waste 
on-site, a description of the changes in volume and toxicity of waste 
actually achieved during the year in comparison to previous years to the 
extent such information is available for the years prior to 1984.
    (j) The certification signed by the owner or operator of the 
facility or his authorized representative.

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



Sec. 264.76  Unmanifested waste report.

    (a) If a facility accepts for treatment, storage, or disposal any 
hazardous waste from an off-site source without an accompanying 
manifest, or without an accompanying shipping paper as described by 
Sec. 263.20(e) of this chapter, and if the waste is not excluded from 
the manifest requirement by this chapter, then the owner or operator 
must prepare and submit a letter to the Regional Administrator within 15 
days after receiving the waste. The unmanifested waste report must 
contain the following information:
    (1) The EPA identification number, name and address of the facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the generator 
and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each hazardous 
waste;
    (6) The certification signed by the owner or operator of the 
facility or his authorized representative; and,
    (7) A brief explanation of why the waste was unmanifested, if known.
    (b) [Reserved]

[70 FR 10823, Mar. 4, 2005]



Sec. 264.77  Additional reports.

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

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



          Subpart F_Releases From Solid Waste Management Units

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



Sec. 264.90  Applicability.

    (a)(1) Except as provided in paragraph (b) of this section, the 
regulations in this subpart apply to owners or operators of facilities 
that treat, store or dispose of hazardous waste. The owner or operator 
must satisfy the requirements identified in paragraph (a)(2) of this 
section for all wastes (or constituents thereof) contained in solid 
waste management units at the facility, regardless of the time at which 
waste was placed in such units.
    (2) All solid waste management units must comply with the 
requirements in Sec. 264.101. A surface impoundment, waste

[[Page 371]]

pile, and land treatment unit or landfill that receives hazardous waste 
after July 26, 1982 (hereinafter referred to as a ``regulated unit'') 
must comply with the requirements of Sec. Sec. 264.91 through 264.100 
in lieu of Sec. 264.101 for purposes of detecting, characterizing and 
responding to releases to the uppermost aquifer. The financial 
responsibility requirements of Sec. 264.101 apply to regulated units.
    (b) The owner or operator's regulated unit or units are not subject 
to regulation for releases into the uppermost aquifer under this subpart 
if:
    (1) The owner or operator is exempted under Sec. 264.1; or
    (2) He operates a unit which the Regional Administrator finds:
    (i) Is an engineered structure,
    (ii) Does not receive or contain liquid waste or waste containing 
free liquids,
    (iii) Is designed and operated to exclude liquid, precipitation, and 
other run-on and run-off,
    (iv) Has both inner and outer layers of containment enclosing the 
waste,
    (v) Has a leak detection system built into each containment layer,
    (vi) The owner or operator will provide continuing operation and 
maintenance of these leak detection systems during the active life of 
the unit and the closure and post-closure care periods, and
    (vii) To a reasonable degree of certainty, will not allow hazardous 
constituents to migrate beyond the outer containment layer prior to the 
end of the post-closure care period.
    (3) The Regional Administrator finds, pursuant to Sec. 264.280(d), 
that the treatment zone of a land treatment unit that qualifies as a 
regulated unit does not contain levels of hazardous constituents that 
are above background levels of those constituents by an amount that is 
statistically significant, and if an unsaturated zone monitoring program 
meeting the requirements of Sec. 264.278 has not shown a statistically 
significant increase in hazardous constituents below the treatment zone 
during the operating life of the unit. An exemption under this paragraph 
can only relieve an owner or operator of responsibility to meet the 
requirements of this subpart during the post-closure care period; or
    (4) The Regional Administrator finds that there is no potential for 
migration of liquid from a regulated unit to the uppermost aquifer 
during the active life of the regulated unit (including the closure 
period) and the post-closure care period specified under Sec. 264.117. 
This demonstration must be certified by a qualified geologist or 
geotechnical engineer. In order to provide an adequate margin of safety 
in the prediction of potential migration of liquid, the owner or 
operator must base any predictions made under this paragraph on 
assumptions that maximize the rate of liquid migration.
    (5) He designs and operates a pile in compliance with Sec. 
264.250(c).
    (c) The regulations under this subpart apply during the active life 
of the regulated unit (including the closure period). After closure of 
the regulated unit, the regulations in this subpart:
    (1) Do not apply if all waste, waste residues, contaminated 
containment system components, and contaminated subsoils are removed or 
decontaminated at closure;
    (2) Apply during the post-closure care period under Sec. 264.117 if 
the owner or operator is conducting a detection monitoring program under 
Sec. 264.98; or
    (3) Apply during the compliance period under Sec. 264.96 if the 
owner or operator is conducting a compliance monitoring program under 
Sec. 264.99 or a corrective action program under Sec. 264.100.
    (d) Regulations in this subpart may apply to miscellaneous units 
when necessary to comply with Sec. Sec. 264.601 through 264.603.
    (e) The regulations of this subpart apply to all owners and 
operators subject to the requirements of 40 CFR 270.1(c)(7), when the 
Agency issues either a post-closure permit or an enforceable document 
(as defined in 40 CFR 270.1(c)(7)) at the facility. When the Agency 
issues an enforceable document, references in this subpart to ``in the 
permit'' mean ``in the enforceable document.''
    (f) The Regional Administrator may replace all or part of the 
requirements of Sec. Sec. 264.91 through 264.100 applying to a 
regulated unit with alternative requirements for groundwater monitoring 
and corrective action for releases to groundwater set out in the

[[Page 372]]

permit (or in an enforceable document) (as defined in 40 CFR 
270.1(c)(7)) where the Regional Administrator determines that:
    (1) The regulated unit is situated among solid waste management 
units (or areas of concern), a release has occurred, and both the 
regulated unit and one or more solid waste management unit(s) (or areas 
of concern) are likely to have contributed to the release; and
    (2) It is not necessary to apply the groundwater monitoring and 
corrective action requirements of Sec. Sec. 264.91 through 264.100 
because alternative requirements will protect human health and the 
environment.

[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985; 
52 FR 46963, Dec. 10, 1987; 63 FR 56733, Oct. 22, 1998]



Sec. 264.91  Required programs.

    (a) Owners and operators subject to this subpart must conduct a 
monitoring and response program as follows:
    (1) Whenever hazardous constituents under Sec. 264.93 from a 
regulated unit are detected at a compliance point under Sec. 264.95, 
the owner or operator must institute a compliance monitoring program 
under Sec. 264.99. Detected is defined as statistically significant 
evidence of contamination as described in Sec. 264.98(f);
    (2) Whenever the ground-water protection standard under Sec. 264.92 
is exceeded, the owner or operator must institute a corrective action 
program under Sec. 264.100. Exceeded is defined as statistically 
significant evidence of increased contamination as described in Sec. 
264.99(d);
    (3) Whenever hazardous constituents under Sec. 264.93 from a 
regulated unit exceed concentration limits under Sec. 264.94 in ground 
water between the compliance point under Sec. 264.95 and the 
downgradient facility property boundary, the owner or operator must 
institute a corrective action program under Sec. 264.100; or
    (4) In all other cases, the owner or operator must institute a 
detection monitoring program under Sec. 264.98.
    (b) The Regional Administrator will specify in the facility permit 
the specific elements of the monitoring and response program. The 
Regional Administrator may include one or more of the programs 
identified in paragraph (a) of this section in the facility permit as 
may be necessary to protect human health and the environment and will 
specify the circumstances under which each of the programs will be 
required. In deciding whether to require the owner or operator to be 
prepared to institute a particular program, the Regional Administrator 
will consider the potential adverse effects on human health and the 
environment that might occur before final administrative action on a 
permit modification application to incorporate such a program could be 
taken.

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



Sec. 264.92  Ground-water protection standard.

    The owner or operator must comply with conditions specified in the 
facility permit that are designed to ensure that hazardous constituents 
under Sec. 264.93 detected in the ground water from a regulated unit do 
not exceed the concentration limits under Sec. 264.94 in the uppermost 
aquifer underlying the waste management area beyond the point of 
compliance under Sec. 264.95 during the compliance period under Sec. 
264.96. The Regional Administrator will establish this ground-water 
protection standard in the facility permit when hazardous constituents 
have been detected in the ground water.

[53 FR 39728, Oct. 11, 1988]



Sec. 264.93  Hazardous constituents.

    (a) The Regional Administrator will specify in the facility permit 
the hazardous constituents to which the ground-water protection standard 
of Sec. 264.92 applies. Hazardous constituents are constituents 
identified in appendix VIII of part 261 of this chapter that have been 
detected in ground water in the uppermost aquifer underlying a regulated 
unit and that are reasonably expected to be in or derived from waste 
contained in a regulated unit, unless the Regional Administrator has 
excluded them under paragraph (b) of this section.
    (b) The Regional Administrator will exclude an appendix VIII 
constituent

[[Page 373]]

from the list of hazardous constituents specified in the facility permit 
if he finds that the constituent is not capable of posing a substantial 
present or potential hazard to human health or the environment. In 
deciding whether to grant an exemption, the Regional Administrator will 
consider the following:
    (1) Potential adverse effects on ground-water quality, considering:
    (i) The physical and chemical characteristics of the waste in the 
regulated unit, including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects; and
    (2) Potential adverse effects on hydraulically-connected surface 
water quality, considering:
    (i) The volume and physical and chemical characteristics of the 
waste in the regulated unit;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the regulated unit to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface-water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.
    (c) In making any determination under paragraph (b) of this section 
about the use of ground water in the area around the facility, the 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec. 144.8 
of this chapter.

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



Sec. 264.94  Concentration limits.

    (a) The Regional Administrator will specify in the facility permit 
concentration limits in the ground water for hazardous constituents 
established under Sec. 264.93. The concentration of a hazardous 
constituent:
    (1) Must not exceed the background level of that constituent in the 
ground water at the time that limit is specified in the permit; or
    (2) For any of the constituents listed in Table 1, must not exceed 
the respective value given in that table if the background level of the 
constituent is below the value given in Table 1; or

     Table 1--Maximum Concentration of Constituents for Ground-water
                               Protection
------------------------------------------------------------------------
                                                              Maximum
                       Constituent                         concentration
                                                                \1\
------------------------------------------------------------------------
Arsenic..................................................      0.05
Barium...................................................      1.0
Cadmium..................................................      0.01
Chromium.................................................      0.05
Lead.....................................................      0.05
Mercury..................................................      0.002
Selenium.................................................      0.01
Silver...................................................      0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy                     0.0002
 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-
 dimethano naphthalene)..................................
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer)      0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis (p-                      0.1
 methoxyphenylethane)....................................
Toxaphene (C10H10Cl6, Technical chlorinated camphene, 67-      0.005
 69 percent chlorine)....................................

[[Page 374]]

 
2,4-D (2,4-Dichlorophenoxyacetic acid)...................      0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid)...      0.01
------------------------------------------------------------------------
\1\ Milligrams per liter.

    (3) Must not exceed an alternate limit established by the Regional 
Administrator under paragraph (b) of this section.
    (b) The Regional Administrator will establish an alternate 
concentration limit for a hazardous constituent if he finds that the 
constituent will not pose a substantial present or potential hazard to 
human health or the environment as long as the alternate concentration 
limit is not exceeded. In establishing alternate concentration limits, 
the Regional Administrator will consider the following factors:
    (1) Potential adverse effects on ground-water quality, considering:
    (i) The physical and chemical characteristics of the waste in the 
regulated unit, including its potential for migration;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity of ground water and the direction of ground-water 
flow;
    (iv) The proximity and withdrawal rates of ground-water users;
    (v) The current and future uses of ground water in the area;
    (vi) The existing quality of ground water, including other sources 
of contamination and their cumulative impact on the ground-water 
quality;
    (vii) The potential for health risks caused by human exposure to 
waste constituents;
    (viii) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents;
    (ix) The persistence and permanence of the potential adverse 
effects; and
    (2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
    (i) The volume and physical and chemical characteristics of the 
waste in the regulated unit;
    (ii) The hydrogeological characteristics of the facility and 
surrounding land;
    (iii) The quantity and quality of ground water, and the direction of 
ground-water flow;
    (iv) The patterns of rainfall in the region;
    (v) The proximity of the regulated unit to surface waters;
    (vi) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters;
    (vii) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface water quality;
    (viii) The potential for health risks caused by human exposure to 
waste constituents;
    (ix) The potential damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents; and
    (x) The persistence and permanence of the potential adverse effects.
    (c) In making any determination under paragraph (b) of this section 
about the use of ground water in the area around the facility the 
Regional Administrator will consider any identification of underground 
sources of drinking water and exempted aquifers made under Sec. 144.8 
of this chapter.

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



Sec. 264.95  Point of compliance.

    (a) The Regional Administrator will specify in the facility permit 
the point of compliance at which the ground-water protection standard of 
Sec. 264.92 applies and at which monitoring must be conducted. The 
point of compliance is a vertical surface located at the hydraulically 
downgradient limit of the waste management area that extends down into 
the uppermost aquifer underlying the regulated units.
    (b) The waste management area is the limit projected in the 
horizontal plane of the area on which waste will be placed during the 
active life of a regulated unit.

[[Page 375]]

    (1) The waste management area includes horizontal space taken up by 
any liner, dike, or other barrier designed to contain waste in a 
regulated unit.
    (2) If the facility contains more than one regulated unit, the waste 
management area is described by an imaginary line circumscribing the 
several regulated units.



Sec. 264.96  Compliance period.

    (a) The Regional Administrator will specify in the facility permit 
the compliance period during which the ground-water protection standard 
of Sec. 264.92 applies. The compliance period is the number of years 
equal to the active life of the waste management area (including any 
waste management activity prior to permitting, and the closure period.)
    (b) The compliance period begins when the owner or operator 
initiates a compliance monitoring program meeting the requirements of 
Sec. 264.99.
    (c) If the owner or operator is engaged in a corrective action 
program at the end of the compliance period specified in paragraph (a) 
of this section, the compliance period is extended until the owner or 
operator can demonstrate that the ground-water protection standard of 
Sec. 264.92 has not been exceeded for a period of three consecutive 
years.



Sec. 264.97  General ground-water monitoring requirements.

    The owner or operator must comply with the following requirements 
for any ground-water monitoring program developed to satisfy Sec. 
264.98, Sec. 264.99, or Sec. 264.100:
    (a) The ground-water monitoring system must consist of a sufficient 
number of wells, installed at appropriate locations and depths to yield 
ground-water samples from the uppermost aquifer that:
    (1) Represent the quality of background ground water that has not 
been affected by leakage from a regulated unit;
    (i) A determination of background ground-water quality may include 
sampling of wells that are not hydraulically upgradient of the waste 
management area where:
    (A) Hydrogeologic conditions do not allow the owner or operator to 
determine what wells are hydraulically upgradient; and
    (B) Sampling at other wells will provide an indication of background 
ground-water quality that is representative or more representative than 
that provided by the upgradient wells; and
    (2) Represent the quality of ground water passing the point of 
compliance.
    (3) Allow for the detection of contamination when hazardous waste or 
hazardous constituents have migrated from the waste management area to 
the uppermost aquifer.
    (b) If a facility contains more than one regulated unit, separate 
ground-water monitoring systems are not required for each regulated unit 
provided that provisions for sampling the ground water in the uppermost 
aquifer will enable detection and measurement at the compliance point of 
hazardous constituents from the regulated units that have entered the 
ground water in the uppermost aquifer.
    (c) All monitoring wells must be cased in a manner that maintains 
the integrity of the monitoring-well bore hole. This casing must be 
screened or perforated and packed with gravel or sand, where necessary, 
to enable collection of ground-water samples. The annular space (i.e., 
the space between the bore hole and well casing) above the sampling 
depth must be sealed to prevent contamination of samples and the ground 
water.
    (d) The ground-water monitoring program must include consistent 
sampling and analysis procedures that are designed to ensure monitoring 
results that provide a reliable indication of ground-water quality below 
the waste management area. At a minimum the program must include 
procedures and techniques for:
    (1) Sample collection;
    (2) Sample preservation and shipment;
    (3) Analytical procedures; and
    (4) Chain of custody control.
    (e) The ground-water monitoring program must include sampling and 
analytical methods that are appropriate for ground-water sampling and 
that accurately measure hazardous constituents in ground-water samples.

[[Page 376]]

    (f) The ground-water monitoring program must include a determination 
of the ground-water surface elevation each time ground water is sampled.
    (g) In detection monitoring or where appropriate in compliance 
monitoring, data on each hazardous constituent specified in the permit 
will be collected from background wells and wells at the compliance 
point(s). The number and kinds of samples collected to establish 
background shall be appropriate for the form of statistical test 
employed, following generally accepted statistical principles. The 
sample size shall be as large as necessary to ensure with reasonable 
confidence that a contaminant release to ground water from a facility 
will be detected. The owner or operator will determine an appropriate 
sampling procedure and interval for each hazardous constituent listed in 
the facility permit which shall be specified in the unit permit upon 
approval by the Regional Administrator. This sampling procedure shall 
be:
    (1) A sequence of at least four samples, taken at an interval that 
assures, to the greatest extent technically feasible, that an 
independent sample is obtained, by reference to the uppermost aquifer's 
effective porosity, hydraulic conductivity, and hydraulic gradient, and 
the fate and transport characteristics of the potential contaminants, or
    (2) an alternate sampling procedure proposed by the owner or 
operator and approved by the Regional Administrator.
    (h) The owner or operator will specify one of the following 
statistical methods to be used in evaluating ground-water monitoring 
data for each hazardous constituent which, upon approval by the Regional 
Administrator, will be specified in the unit permit. The statistical 
test chosen shall be conducted separately for each hazardous constituent 
in each well. Where practical quantification limits (pql's) are used in 
any of the following statistical procedures to comply with Sec. 
264.97(i)(5), the pql must be proposed by the owner or operator and 
approved by the Regional Administrator. Use of any of the following 
statistical methods must be protective of human health and the 
environment and must comply with the performance standards outlined in 
paragraph (i) of this section.
    (1) A parametric analysis of variance (ANOVA) followed by multiple 
comparisons procedures to identify statistically significant evidence of 
contamination. The method must include estimation and testing of the 
contrasts between each compliance well's mean and the background mean 
levels for each constituent.
    (2) An analysis of variance (ANOVA) based on ranks followed by 
multiple comparisons procedures to identify statistically significant 
evidence of contamination. The method must include estimation and 
testing of the contrasts between each compliance well's median and the 
background median levels for each constituent.
    (3) A tolerance or prediction interval procedure in which an 
interval for each constituent is established from the distribution of 
the background data, and the level of each constituent in each 
compliance well is compared to the upper tolerance or prediction limit.
    (4) A control chart approach that gives control limits for each 
constituent.
    (5) Another statistical test method submitted by the owner or 
operator and approved by the Regional Administrator.
    (i) Any statistical method chosen under Sec. 264.97(h) for 
specification in the unit permit shall comply with the following 
performance standards, as appropriate:
    (1) The statistical method used to evaluate ground-water monitoring 
data shall be appropriate for the distribution of chemical parameters or 
hazardous constituents. If the distribution of the chemical parameters 
or hazardous constituents is shown by the owner or operator to be 
inappropriate for a normal theory test, then the data should be 
transformed or a distribution-free theory test should be used. If the 
distributions for the constituents differ, more than one statistical 
method may be needed.
    (2) If an individual well comparison procedure is used to compare an 
individual compliance well constituent concentration with background 
constituent concentrations or a ground-water protection standard, the 
test

[[Page 377]]

shall be done at a Type I error level no less than 0.01 for each testing 
period. If a multiple comparisons procedure is used, the Type I 
experimentwise error rate for each testing period shall be no less than 
0.05; however, the Type I error of no less than 0.01 for individual well 
comparisons must be maintained. This performance standard does not apply 
to tolerance intervals, prediction intervals or control charts.
    (3) If a control chart approach is used to evaluate ground-water 
monitoring data, the specific type of control chart and its associated 
parameter values shall be proposed by the owner or operator and approved 
by the Regional Administrator if he or she finds it to be protective of 
human health and the environment.
    (4) If a tolerance interval or a prediction interval is used to 
evaluate groundwater monitoring data, the levels of confidence and, for 
tolerance intervals, the percentage of the population that the interval 
must contain, shall be proposed by the owner or operator and approved by 
the Regional Administrator if he or she finds these parameters to be 
protective of human health and the environment. These parameters will be 
determined after considering the number of samples in the background 
data base, the data distribution, and the range of the concentration 
values for each constituent of concern.
    (5) The statistical method shall account for data below the limit of 
detection with one or more statistical procedures that are protective of 
human health and the environment. Any practical quantification limit 
(pql) approved by the Regional Administrator under Sec. 264.97(h) that 
is used in the statistical method shall be the lowest concentration 
level that can be reliably achieved within specified limits of precision 
and accuracy during routine laboratory operating conditions that are 
available to the facility.
    (6) If necessary, the statistical method shall include procedures to 
control or correct for seasonal and spatial variability as well as 
temporal correlation in the data.
    (j) Ground-water monitoring data collected in accordance with 
paragraph (g) of this section including actual levels of constituents 
must be maintained in the facility operating record. The Regional 
Administrator will specify in the permit when the data must be submitted 
for review.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53 
FR 39728, Oct. 11, 1988; 71 FR 40272, July 14, 2006]



Sec. 264.98  Detection monitoring program.

    An owner or operator required to establish a detection monitoring 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must monitor for indicator parameters 
(e.g., specific conductance, total organic carbon, or total organic 
halogen), waste constituents, or reaction products that provide a 
reliable indication of the presence of hazardous constituents in ground 
water. The Regional Administrator will specify the parameters or 
constituents to be monitored in the facility permit, after considering 
the following factors:
    (1) The types, quantities, and concentrations of constituents in 
wastes managed at the regulated unit;
    (2) The mobility, stability, and persistence of waste constituents 
or their reaction products in the unsaturated zone beneath the waste 
management area;
    (3) The detectability of indicator parameters, waste constituents, 
and reaction products in ground water; and
    (4) The concentrations or values and coefficients of variation of 
proposed monitoring parameters or constituents in the ground-water 
background.
    (b) The owner or operator must install a ground-water monitoring 
system at the compliance point as specified under Sec. 264.95. The 
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b), 
and (c).
    (c) The owner or operator must conduct a ground-water monitoring 
program for each chemical parameter and hazardous constituent specified 
in the permit pursuant to paragraph (a) of this section in accordance 
with Sec. 264.97(g). The owner or operator must maintain a record of 
ground-water analytical data as measured and in a form

[[Page 378]]

necessary for the determination of statistical significance under Sec. 
264.97(h).
    (d) The Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical tests to determine whether 
there is statistically significant evidence of contamination for any 
parameter or hazardous constituent specified in the permit conditions 
under paragraph (a) of this section in accordance with Sec. 264.97(g).
    (e) The owner or operator must determine the ground-water flow rate 
and direction in the uppermost aquifer at least annually.
    (f) The owner or operator must determine whether there is 
statistically significant evidence of contamination for any chemical 
parameter of hazardous constituent specified in the permit pursuant to 
paragraph (a) of this section at a frequency specified under paragraph 
(d) of this section.
    (1) In determining whether statistically significant evidence of 
contamination exists, the owner or operator must use the method(s) 
specified in the permit under Sec. 264.97(h). These method(s) must 
compare data collected at the compliance point(s) to the background 
ground-water quality data.
    (2) The owner or operator must determine whether there is 
statistically significant evidence of contamination at each monitoring 
well as the compliance point within a reasonable period of time after 
completion of sampling. The Regional Administrator will specify in the 
facility permit what period of time is reasonable, after considering the 
complexity of the statistical test and the availability of laboratory 
facilities to perform the analysis of ground-water samples.
    (g) If the owner or operator determines pursuant to paragraph (f) of 
this section that there is statistically significant evidence of 
contamination for chemical parameters or hazardous constituents 
specified pursuant to paragraph (a) of this section at any monitoring 
well at the compliance point, he or she must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what chemical 
parameters or hazardous constituents have shown statistically 
significant evidence of contamination;
    (2) Immediately sample the ground water in all monitoring wells and 
determine whether constituents in the list of appendix IX of this part 
are present, and if so, in what concentration. However, the Regional 
Administrator, on a discretionary basis, may allow sampling for a site-
specific subset of constituents from the Appendix IX list of this part 
and other representative/related waste constituents.
    (3) For any appendix IX compounds found in the analysis pursuant to 
paragraph (g)(2) of this section, the owner or operator may resample 
within one month or at an alternative site-specific schedule approved by 
the Administrator and repeat the analysis for those compounds detected. 
If the results of the second analysis confirm the initial results, then 
these constituents will form the basis for compliance monitoring. If the 
owner or operator does not resample for the compounds in paragraph 
(g)(2) of this section, the hazardous constituents found during this 
initial appendix IX analysis will form the basis for compliance 
monitoring.
    (4) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to establish a compliance 
monitoring program meeting the requirements of Sec. 264.99. The 
application must include the following information:
    (i) An identification of the concentration of any appendix IX 
constituent detected in the ground water at each monitoring well at the 
compliance point;
    (ii) Any proposed changes to the ground-water monitoring system at 
the facility necessary to meet the requirements of Sec. 264.99;
    (iii) Any proposed additions or changes to the monitoring frequency, 
sampling and analysis procedures or methods, or statistical methods used 
at the facility necessary to meet the requirements of Sec. 264.99;
    (iv) For each hazardous constituent detected at the compliance 
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2), 
or a notice of intent to seek an alternate concentration limit under 
Sec. 264.94(b); and

[[Page 379]]

    (5) Within 180 days, submit to the Regional Administrator:
    (i) All data necessary to justify an alternate concentration limit 
sought under Sec. 264.94(b); and
    (ii) An engineering feasibility plan for a corrective action program 
necessary to meet the requirement of Sec. 264.100, unless:
    (A) All hazardous constituents identified under paragraph (g)(2) of 
this section are listed in Table 1 of Sec. 264.94 and their 
concentrations do not exceed the respective values given in that Table; 
or
    (B) The owner or operator has sought an alternate concentration 
limit under Sec. 264.94(b) for every hazardous constituent identified 
under paragraph (g)(2) of this section.
    (6) If the owner or operator determines, pursuant to paragraph (f) 
of this section, that there is a statistically significant difference 
for chemical parameters or hazardous constituents specified pursuant to 
paragraph (a) of this section at any monitoring well at the compliance 
point, he or she may demonstrate that a source other than a regulated 
unit caused the contamination or that the detection is an artifact 
caused by an error in sampling, analysis, or statistical evaluation or 
natural variation in the ground water. The owner operator may make a 
demonstration under this paragraph in addition to, or in lieu of, 
submitting a permit modification application under paragraph (g)(4) of 
this section; however, the owner or operator is not relieved of the 
requirement to submit a permit modification application within the time 
specified in paragraph (g)(4) of this section unless the demonstration 
made under this paragraph successfully shows that a source other than a 
regulated unit caused the increase, or that the increase resulted from 
error in sampling, analysis, or evaluation. In making a demonstration 
under this paragraph, the owner or operator must:
    (i) Notify the Regional Administrator in writing within seven days 
of determining statistically significant evidence of contamination at 
the compliance point that he intends to make a demonstration under this 
paragraph;
    (ii) Within 90 days, submit a report to the Regional Administrator 
which demonstrates that a source other than a regulated unit caused the 
contamination or that the contamination resulted from error in sampling, 
analysis, or evaluation;
    (iii) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to make any appropriate changes to 
the detection monitoring program facility; and
    (iv) Continue to monitor in accordance with the detection monitoring 
program established under this section.
    (h) If the owner or operator determines that the detection 
monitoring program no longer satisfies the requirements of this section, 
he or she must, within 90 days, submit an application for a permit 
modification to make any appropriate changes to the program.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988; 71 FR 16904, Apr. 4, 
2006; 71 FR 40272, July 14, 2006]



Sec. 264.99  Compliance monitoring program.

    An owner or operator required to establish a compliance monitoring 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must monitor the ground water to determine 
whether regulated units are in compliance with the ground-water 
protection standard under Sec. 264.92. The Regional Administrator will 
specify the ground-water protection standard in the facility permit, 
including:
    (1) A list of the hazardous constituents identified under Sec. 
264.93;
    (2) Concentration limits under Sec. 264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec. 264.95; and
    (4) The compliance period under Sec. 264.96.
    (b) The owner or operator must install a ground-water monitoring 
system at the compliance point as specified under Sec. 264.95. The 
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b), 
and (c).
    (c) The Regional Administrator will specify the sampling procedures 
and statistical methods appropriate for the

[[Page 380]]

constituents and the facility, consistent with Sec. 264.97 (g) and (h).
    (1) The owner or operator must conduct a sampling program for each 
chemical parameter or hazardous constituent in accordance with Sec. 
264.97(g).
    (2) The owner or operator must record ground-water analytical data 
as measured and in form necessary for the determination of statistical 
significance under Sec. 264.97(h) for the compliance period of the 
facility.
    (d) The owner or operator must determine whether there is 
statistically significant evidence of increased contamination for any 
chemical parameter or hazardous constituent specified in the permit, 
pursuant to paragraph (a) of this section, at a frequency specified 
under paragraph (f) under this section.
    (1) In determining whether statistically significant evidence of 
increased contamination exists, the owner or operator must use the 
method(s) specified in the permit under Sec. 264.97(h). The methods(s) 
must compare data collected at the compliance point(s) to a 
concentration limit developed in accordance with Sec. 264.94.
    (2) The owner or operator must determine whether there is 
statistically significant evidence of increased contamination at each 
monitoring well at the compliance point within a reasonable time period 
after completion of sampling. The Regional Administrator will specify 
that time period in the facility permit, after considering the 
complexity of the statistical test and the availability of laboratory 
facilities to perform the analysis of ground-water samples.
    (e) The owner or operator must determine the ground-water flow rate 
and direction in the uppermost aquifer at least annually.
    (f) The Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical tests to determine 
statistically significant evidence of increased contamination in 
accordance with Sec. 264.97(g).
    (g) Annually, the owner or operator must determine whether 
additional hazardous constituents from Appendix IX of this part, which 
could possibly be present but are not on the detection monitoring list 
in the permit, are actually present in the uppermost aquifer and, if so, 
at what concentration, pursuant to procedures in Sec. 264.98(f). To 
accomplish this, the owner or operator must consult with the Regional 
Administrator to determine on a case-by-case basis: which sample 
collection event during the year will involve enhanced sampling; the 
number of monitoring wells at the compliance point to undergo enhanced 
sampling; the number of samples to be collected from each of these 
monitoring wells; and, the specific constituents from Appendix IX of 
this part for which these samples must be analyzed. If the enhanced 
sampling event indicates that Appendix IX constituents are present in 
the ground water that are not already identified in the permit as 
monitoring constituents, the owner or operator may resample within one 
month or at an alternative site-specific schedule approved by the 
Regional Administrator, and repeat the analysis. If the second analysis 
confirms the presence of new constituents, the owner or operator must 
report the concentration of these additional constituents to the 
Regional Administrator within seven days after the completion of the 
second analysis and add them to the monitoring list. If the owner or 
operator chooses not to resample, then he or she must report the 
concentrations of these additional constituents to the Regional 
Administrator within seven days after completion of the initial 
analysis, and add them to the monitoring list.
    (h) If the owner or operator determines pursuant to paragraph (d) of 
this section that any concentration limits under Sec. 264.94 are being 
exceeded at any monitoring well at the point of compliance he or she 
must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what concentration 
limits have been exceeded.
    (2) Submit to the Regional Administrator an application for a permit 
modification to establish a corrective action program meeting the 
requirements of Sec. 264.100 within 180 days, or within 90 days if an 
engineering feasibility study has been previously submitted to the 
Regional Administrator under Sec. 264.98(g)(5). The application

[[Page 381]]

must at a minimum include the following information:
    (i) A detailed description of corrective actions that will achieve 
compliance with the ground-water protection standard specified in the 
permit under paragraph (a) of this section; and
    (ii) A plan for a ground-water monitoring program that will 
demonstrate the effectiveness of the corrective action. Such a ground-
water monitoring program may be based on a compliance monitoring program 
developed to meet the requirements of this section.
    (i) If the owner or operator determines, pursuant to paragraph (d) 
of this section, that the ground-water concentration limits under this 
section are being exceeded at any monitoring well at the point of 
compliance, he or she may demonstrate that a source other than a 
regulated unit caused the contamination or that the detection is an 
artifact caused by an error in sampling, analysis, or statistical 
evaluation or natural variation in the ground water. In making a 
demonstration under this paragraph, the owner or operator must:
    (1) Notify the Regional Administrator in writing within seven days 
that he intends to make a demonstration under this paragraph;
    (2) Within 90 days, submit a report to the Regional Administrator 
which demonstrates that a source other than a regulated unit caused the 
standard to be exceeded or that the apparent noncompliance with the 
standards resulted from error in sampling, analysis, or evaluation;
    (3) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to make any appropriate changes to 
the compliance monitoring program at the facility; and
    (4) Continue to monitor in accord with the compliance monitoring 
program established under this section.
    (j) If the owner or operator determines that the compliance 
monitoring program no longer satisfies the requirements of this section, 
he must, within 90 days, submit an application for a permit modification 
to make any appropriate changes to the program.

[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988; 71 FR 16904, Apr. 4, 
2006; 71 FR 40272, July 14, 2006]



Sec. 264.100  Corrective action program.

    An owner or operator required to establish a corrective action 
program under this subpart must, at a minimum, discharge the following 
responsibilities:
    (a) The owner or operator must take corrective action to ensure that 
regulated units are in compliance with the ground-water protection 
standard under Sec. 264.92. The Regional Administrator will specify the 
ground-water protection standard in the facility permit, including:
    (1) A list of the hazardous constituents identified under Sec. 
264.93;
    (2) Concentration limits under Sec. 264.94 for each of those 
hazardous constituents;
    (3) The compliance point under Sec. 264.95; and
    (4) The compliance period under Sec. 264.96.
    (b) The owner or operator must implement a corrective action program 
that prevents hazardous constituents from exceeding their respective 
concentration limits at the compliance point by removing the hazardous 
waste constituents or treating them in place. The permit will specify 
the specific measures that will be taken.
    (c) The owner or operator must begin corrective action within a 
reasonable time period after the ground-water protection standard is 
exceeded. The Regional Administrator will specify that time period in 
the facility permit. If a facility permit includes a corrective action 
program in addition to a compliance monitoring program, the permit will 
specify when the corrective action will begin and such a requirement 
will operate in lieu of Sec. 264.99(i)(2).
    (d) In conjunction with a corrective action program, the owner or 
operator must establish and implement a ground-water monitoring program 
to demonstrate the effectiveness of the corrective action program. Such 
a monitoring program may be based on

[[Page 382]]

the requirements for a compliance monitoring program under Sec. 264.99 
and must be as effective as that program in determining compliance with 
the ground-water protection standard under Sec. 264.92 and in 
determining the success of a corrective action program under paragraph 
(e) of this section, where appropriate.
    (e) In addition to the other requirements of this section, the owner 
or operator must conduct a corrective action program to remove or treat 
in place any hazardous constituents under Sec. 264.93 that exceed 
concentration limits under Sec. 264.94 in groundwater:
    (1) Between the compliance point under Sec. 264.95 and the 
downgradient property boundary; and
    (2) Beyond the facility boundary, where necessary to protect human 
health and the environment, unless the owner or operator demonstrates to 
the satisfaction of the Regional Administrator that, despite the owner's 
or operator's best efforts, the owner or operator was unable to obtain 
the necessary permission to undertake such action. The owner/operator is 
not relieved of all responsibility to clean up a release that has 
migrated beyond the facility boundary where off-site access is denied. 
On-site measures to address such releases will be determined on a case-
by-case basis.
    (3) Corrective action measures under this paragraph must be 
initiated and completed within a reasonable period of time considering 
the extent of contamination.
    (4) Corrective action measures under this paragraph may be 
terminated once the concentration of hazardous constituents under Sec. 
264.93 is reduced to levels below their respective concentration limits 
under Sec. 264.94.
    (f) The owner or operator must continue corrective action measures 
during the compliance period to the extent necessary to ensure that the 
ground-water protection standard is not exceeded. If the owner or 
operator is conducting corrective action at the end of the compliance 
period, he must continue that corrective action for as long as necessary 
to achieve compliance with the ground-water protection standard. The 
owner or operator may terminate corrective action measures taken beyond 
the period equal to the active life of the waste management area 
(including the closure period) if he can demonstrate, based on data from 
the ground-water monitoring program under paragraph (d) of this section, 
that the ground-water protection standard of Sec. 264.92 has not been 
exceeded for a period of three consecutive years.
    (g) The owner or operator must report in writing to the Regional 
Administrator on the effectiveness of the corrective action program. The 
owner or operator must submit these reports annually.
    (h) If the owner or operator determines that the corrective action 
program no longer satisfies the requirements of this section, he must, 
within 90 days, submit an application for a permit modification to make 
any appropriate changes to the program.

[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52 
FR 45798, Dec. 1, 1987; 71 FR 16904, Apr. 4, 2006]



Sec. 264.101  Corrective action for solid waste management units.

    (a) The owner or operator of a facility seeking a permit for the 
treatment, storage or disposal of hazardous waste must institute 
corrective action as necessary to protect human health and the 
environment for all releases of hazardous waste or constituents from any 
solid waste management unit at the facility, regardless of the time at 
which waste was placed in such unit.
    (b) Corrective action will be specified in the permit in accordance 
with this section and subpart S of this part. The permit will contain 
schedules of compliance for such corrective action (where such 
corrective action cannot be completed prior to issuance of the permit) 
and assurances of financial responsibility for completing such 
corrective action.
    (c) The owner or operator must implement corrective actions beyond 
the facility property boundary, where necessary to protect human health 
and the environment, unless the owner or operator demonstrates to the 
satisfaction of the Regional Administrator that, despite the owner's or 
operator's best efforts, the owner or operator was unable to obtain the 
necessary permission to

[[Page 383]]

undertake such actions. The owner/operator is not relieved of all 
responsibility to clean up a release that has migrated beyond the 
facility boundary where off-site access is denied. On-site measures to 
address such releases will be determined on a case-by-case basis. 
Assurances of financial responsibility for such corrective action must 
be provided.
    (d) This section does not apply to remediation waste management 
sites unless they are part of a facility subject to a permit for 
treating, storing or disposing of hazardous wastes that are not 
remediation wastes.

[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58 
FR 8683, Feb. 16, 1993; 63 FR 65938, Nov. 30, 1998; 71 FR 40272, July 
14, 2006]



                   Subpart G_Closure and Post-Closure

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



Sec. 264.110  Applicability.

    Except as Sec. 264.1 provides otherwise:
    (a) Sections 264.111 through 264.115 (which concern closure) apply 
to the owners and operators of all hazardous waste management 
facilities; and
    (b) Sections 264.116 through 264.120 (which concern post-closure 
care) apply to the owners and operators of:
    (1) All hazardous waste disposal facilities;
    (2) Waste piles and surface impoundments from which the owner or 
operator intends to remove the wastes at closure to the extent that 
these sections are made applicable to such facilities in Sec. 264.228 
or Sec. 264.258;
    (3) Tank systems that are required under Sec. 264.197 to meet the 
requirements for landfills; and
    (4) Containment buildings that are required under Sec. 264.1102 to 
meet the requirement for landfills.
    (c) The Regional Administrator may replace all or part of the 
requirements of this subpart (and the unit-specific standards referenced 
in Sec. 264.111(c) applying to a regulated unit), with alternative 
requirements set out in a permit or in an enforceable document (as 
defined in 40 CFR 270.1(c)(7)), where the Regional Administrator 
determines that:
    (1) The regulated unit is situated among solid waste management 
units (or areas of concern), a release has occurred, and both the 
regulated unit and one or more solid waste management unit(s) (or areas 
of concern) are likely to have contributed to the release; and
    (2) It is not necessary to apply the closure requirements of this 
subpart (and those referenced herein) because the alternative 
requirements will protect human health and the environment and will 
satisfy the closure performance standard of Sec. 264.111 (a) and (b).

[51 FR 16444, May 2, 1986, as amended at 51 FR 25472, July 14, 1986; 57 
FR 37264, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998]



Sec. 264.111  Closure performance standard.

    The owner or operator must close the facility in a manner that:
    (a) Minimizes the need for further maintenance; and
    (b) Controls, minimizes or eliminates, to the extent necessary to 
protect human health and the environment, post-closure escape of 
hazardous waste, hazardous constituents, leachate, contaminated run-off, 
or hazardous waste decomposition products to the ground or surface 
waters or to the atmosphere; and
    (c) Complies with the closure requirements of this part, including, 
but not limited to, the requirements of Sec. Sec. 264.178, 264.197, 
264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, 
and 264.1102.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57 
FR 37265, Aug. 18, 1992; 71 FR 40272, July 14, 2006]



Sec. 264.112  Closure plan; amendment of plan.

    (a) Written plan. (1) The owner or operator of a hazardous waste 
management facility must have a written closure plan. In addition, 
certain surface impoundments and waste piles from which the owner or 
operator intends to remove or decontaminate the hazardous waste at 
partial or final closure are required by Sec. Sec. 264.228(c)(1)(i) and 
264.258(c)(1)(i) to have contingent closure plans. The plan must be 
submitted

[[Page 384]]

with the permit application, in accordance with Sec. 270.14(b)(13) of 
this chapter, and approved by the Regional Administrator as part of the 
permit issuance procedures under part 124 of this chapter. In accordance 
with Sec. 270.32 of this chapter, the approved closure plan will become 
a condition of any RCRA permit.
    (2) The Director's approval of the plan must ensure that the 
approved closure plan is consistent with Sec. Sec. 264.111 through 
264.115 and the applicable requirements of subpart F of this part, 
Sec. Sec. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 
264.351, 264.601, and 264.1102. Until final closure is completed and 
certified in accordance with Sec. 264.115, a copy of the approved plan 
and all approved revisions must be furnished to the Director upon 
request, including requests by mail.
    (b) Content of plan. The plan must identify steps necessary to 
perform partial and/or final closure of the facility at any point during 
its active life. The closure plan must include, at least:
    (1) A description of how each hazardous waste management unit at the 
facility will be closed in accordance with Sec. 264.111;
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 264.111. The description must 
identify the maximum extent of the operations which will be unclosed 
during the active life of the facility; and
    (3) An estimate of the maximum inventory of hazardous wastes ever 
on-site over the active life of the facility and a detailed description 
of the methods to be used during partial closures and final closure, 
including, but not limited to, methods for removing, transporting, 
treating, storing, or disposing of all hazardous wastes, and 
identification of the type(s) of the off-site hazardous waste management 
units to be used, if applicable; and
    (4) A detailed description of the steps needed to remove or 
decontaminate all hazardous waste residues and contaminated containment 
system components, equipment, structures, and soils during partial and 
final closure, including, but not limited to, procedures for cleaning 
equipment and removing contaminated soils, methods for sampling and 
testing surrounding soils, and criteria for determining the extent of 
decontamination required to satisfy the closure performance standard; 
and
    (5) A detailed description of other activities necessary during the 
closure period to ensure that all partial closures and final closure 
satisfy the closure performance standards, including, but not limited 
to, ground-water monitoring, leachate collection, and run-on and run-off 
control; and
    (6) A schedule for closure of each hazardous waste management unit 
and for final closure of the facility. The schedule must include, at a 
minimum, the total time required to close each hazardous waste 
management unit and the time required for intervening closure activities 
which will allow tracking of the progress of partial and final closure. 
(For example, in the case of a landfill unit, estimates of the time 
required to treat or dispose of all hazardous waste inventory and of the 
time required to place a final cover must be included.)
    (7) For facilities that use trust funds to establish financial 
assurance under Sec. 264.143 or Sec. 264.145 and that are expected to 
close prior to the expiration of the permit, an estimate of the expected 
year of final closure.
    (8) For facilities where the Regional Administrator has applied 
alternative requirements at a regulated unit under Sec. Sec. 264.90(f), 
264.110(c), and/or Sec. 264.140(d), either the alternative requirements 
applying to the regulated unit, or a reference to the enforceable 
document containing those alternative requirements.
    (c) Amendment of plan. The owner or operator must submit a written 
notification of or request for a permit modification to authorize a 
change in operating plans, facility design, or the approved closure plan 
in accordance with the applicable procedures in parts 124 and 270. The 
written notification or request must include a copy of the amended 
closure plan for review or approval by the Regional Administrator.
    (1) The owner or operator may submit a written notification or 
request to the Regional Administrator for a permit modification to amend 
the closure

[[Page 385]]

plan at any time prior to the notification of partial or final closure 
of the facility.
    (2) The owner or operator must submit a written notification of or 
request for a permit modification to authorize a change in the approved 
closure plan whenever:
    (i) Changes in operating plans or facility design affect the closure 
plan, or
    (ii) There is a change in the expected year of closure, if 
applicable, or
    (iii) In conducting partial or final closure activities, unexpected 
events require a modification of the approved closure plan.
    (iv) The owner or operator requests the Regional Administrator to 
apply alternative requirements to a regulated unit under Sec. Sec. 
264.90(f), 264.110(c), and/or Sec. 264.140(d).
    (3) The owner or operator must submit a written request for a permit 
modification including a copy of the amended closure plan for approval 
at least 60 days prior to the proposed change in facility design or 
operation, or no later than 60 days after an unexpected event has 
occurred which has affected the closure plan. If an unexpected event 
occurs during the partial or final closure period, the owner or operator 
must request a permit modification no later than 30 days after the 
unexpected event. An owner or operator of a surface impoundment or waste 
pile that intends to remove all hazardous waste at closure and is not 
otherwise required to prepare a contingent closure plan under Sec. 
264.228(c)(1)(i) or Sec. 264.258(c)(1)(i), must submit an amended 
closure plan to the Regional Administrator no later than 60 days from 
the date that the owner or operator or Regional Administrator determines 
that the hazardous waste management unit must be closed as a landfill, 
subject to the requirements of Sec. 264.310, or no later than 30 days 
from that date if the determination is made during partial or final 
closure. The Regional Administrator will approve, disapprove, or modify 
this amended plan in accordance with the procedures in parts 124 and 
270. In accordance with Sec. 270.32 of this chapter, the approved 
closure plan will become a condition of any RCRA permit issued.
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in Sec. 264.112(c)(2). The owner or 
operator must submit the modified plan within 60 days of the Regional 
Administrator's request, or within 30 days if the change in facility 
conditions occurs during partial or final closure. Any modifications 
requested by the Regional Administrator will be approved in accordance 
with the procedures in parts 124 and 270.
    (d) Notification of partial closure and final closure. (1) The owner 
or operator must notify the Regional Administrator in writing at least 
60 days prior to the date on which he expects to begin closure of a 
surface impoundment, waste pile, land treatment or landfill unit, or 
final closure of a facility with such a unit. The owner or operator must 
notify the Regional Administrator in writing at least 45 days prior to 
the date on which he expects to begin final closure of a facility with 
only treatment or storage tanks, container storage, or incinerator units 
to be closed. The owner or operator must notify the Regional 
Administrator in writing at least 45 days prior to the date on which he 
expects to begin partial or final closure of a boiler or industrial 
furnace, whichever is earlier.
    (2) The date when he ``expects to begin closure'' must be either:
    (i) No later than 30 days after the date on which any hazardous 
waste management unit receives the known final volume of hazardous 
wastes, or if there is a reasonable possibility that the hazardous waste 
management unit will receive additional hazardous wastes, no later than 
one year after the date on which the unit received the most recent 
volume of hazardous wastes. If the owner or operator of a hazardous 
waste management unit can demonstrate to the Regional Administrator that 
the hazardous waste management unit or facility has the capacity to 
receive additional hazardous wastes and he has taken all steps to 
prevent threats to human health and the environment, including 
compliance with all applicable permit requirements, the Regional 
Administrator may approve an extension to this one-year limit; or

[[Page 386]]

    (ii) For units meeting the requirements of Sec. 264.113(d), no 
later than 30 days after the date on which the hazardous waste 
management unit receives the known final volume of non-hazardous wastes, 
or if there is a reasonable possibility that the hazardous waste 
management unit will receive additional non-hazardous wastes, no later 
than one year after the date on which the unit received the most recent 
volume of non-hazardous wastes. If the owner or operator can demonstrate 
to the Regional Administrator that the hazardous waste management unit 
has the capacity to receive additional non-hazardous wastes and he has 
taken, and will continue to take, all steps to prevent threats to human 
health and the environment, including compliance with all applicable 
permit requirements, the Regional Administrator may approve an extension 
to this one-year limit.
    (3) If the facility's permit is terminated, or if the facility is 
otherwise ordered, by judicial decree or final order under section 3008 
of RCRA, to cease receiving hazardous wastes or to close, then the 
requirements of this paragraph do not apply. However, the owner or 
operator must close the facility in accordance with the deadlines 
established in Sec. 264.113.
    (e) Removal of wastes and decontamination or dismantling of 
equipment. Nothing in this section shall preclude the owner or operator 
from removing hazardous wastes and decontaminating or dismantling 
equipment in accordance with the approved partial or final closure plan 
at any time before or after notification of partial or final closure.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 
FR 37935, Sept. 28, 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Feb. 
21, 1991; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998; 71 FR 
40272, July 14, 2006]



Sec. 264.113  Closure; time allowed for closure.

    (a) Within 90 days after receiving the final volume of hazardous 
wastes, or the final volume of non-hazardous wastes if the owner or 
operator complies with all applicable requirements in paragraphs (d) and 
(e) of this section, at a hazardous waste management unit or facility, 
the owner or operator must treat, remove from the unit or facility, or 
dispose of on-site, all hazardous wastes in accordance with the approved 
closure plan. The Regional Administrator may approve a longer period if 
the owner or operator complies with all applicable requirements for 
requesting a modification to the permit and demonstrates that:
    (1)(i) The activities required to comply with this paragraph will, 
of necessity, take longer than 90 days to complete; or
    (ii)(A) The hazardous waste management unit or facility has the 
capacity to receive additional hazardous wastes, or has the capacity to 
receive non-hazardous wastes if the owner or operator complies with 
paragraphs (d) and (e) of this section; and
    (B) There is a reasonable likelihood that he or another person will 
recommence operation of the hazardous waste management unit or the 
facility within one year; and
    (C) Closure of the hazardous waste management unit or facility would 
be incompatible with continued operation of the site; and
    (2) He has taken and will continue to take all steps to prevent 
threats to human health and the environment, including compliance with 
all applicable permit requirements.
    (b) The owner or operator must complete partial and final closure 
activities in accordance with the approved closure plan and within 180 
days after receiving the final volume of hazardous wastes, or the final 
volume of non-hazardous wastes if the owner or operator complies with 
all applicable requirements in paragraphs (d) and (e) of this section, 
at the hazardous waste management unit or facility. The Regional 
Administrator may approve an extension to the closure period if the 
owner or operator complies with all applicable requirements for 
requesting a modification to the permit and demonstrates that:
    (1)(i) The partial or final closure activities will, of necessity, 
take longer than 180 days to complete; or
    (ii)(A) The hazardous waste management unit or facility has the 
capacity to receive additional hazardous wastes, or has the capacity to 
receive non-hazardous wastes if the owner or operator

[[Page 387]]

complies with paragraphs (d) and (e) of this section; and
    (B) There is reasonable likelihood that he or another person will 
recommence operation of the hazardous waste management unit or the 
facility within one year; and
    (C) Closure of the hazardous waste management unit or facility would 
be incompatible with continued operation of the site; and
    (2) He has taken and will continue to take all steps to prevent 
threats to human health and the environment from the unclosed but not 
operating hazardous waste management unit or facility, including 
compliance with all applicable permit requirements.
    (c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) 
of this section must be made as follows:
    (1) The demonstrations in paragraph (a)(1) of this section must be 
made at least 30 days prior to the expiration of the 90-day period in 
paragraph (a) of this section; and
    (2) The demonstration in paragraph (b)(1) of this section must be 
made at least 30 days prior to the expiration of the 180-day period in 
paragraph (b) of this section, unless the owner or operator is otherwise 
subject to the deadlines in paragraph (d) of this section.
    (d) The Regional Administrator may allow an owner or operator to 
receive only non-hazardous wastes in a landfill, land treatment, or 
surface impoundment unit after the final receipt of hazardous wastes at 
that unit if:
    (1) The owner or operator requests a permit modification in 
compliance with all applicable requirements in parts 270 and 124 of this 
title and in the permit modification request demonstrates that:
    (i) The unit has the existing design capacity as indicated on the 
part A application to receive non-hazardous wastes; and
    (ii) There is a reasonable likelihood that the owner or operator or 
another person will receive non-hazardous wastes in the unit within one 
year after the final receipt of hazardous wastes; and
    (iii) The non-hazardous wastes will not be incompatible with any 
remaining wastes in the unit, or with the facility design and operating 
requirements of the unit or facility under this part; and
    (iv) Closure of the hazardous waste management unit would be 
incompatible with continued operation of the unit or facility; and
    (v) The owner or operator is operating and will continue to operate 
in compliance with all applicable permit requirements; and
    (2) The request to modify the permit includes an amended waste 
analysis plan, ground-water monitoring and response program, human 
exposure assessment required under RCRA section 3019, and closure and 
post-closure plans, and updated cost estimates and demonstrations of 
financial assurance for closure and post-closure care as necessary and 
appropriate, to reflect any changes due to the presence of hazardous 
constituents in the non-hazardous wastes, and changes in closure 
activities, including the expected year of closure if applicable under 
Sec. 264.112(b)(7), as a result of the receipt of non-hazardous wastes 
following the final receipt of hazardous wastes; and
    (3) The request to modify the permit includes revisions, as 
necessary and appropriate, to affected conditions of the permit to 
account for the receipt of non-hazardous wastes following receipt of the 
final volume of hazardous wastes; and
    (4) The request to modify the permit and the demonstrations referred 
to in paragraphs (d)(1) and (d)(2) of this section are submitted to the 
Regional Administrator no later than 120 days prior to the date on which 
the owner or operator of the facility receives the known final volume of 
hazardous wastes at the unit, or no later than 90 days after the 
effective date of this rule in the state in which the unit is located, 
whichever is later.
    (e) In addition to the requirements in paragraph (d) of this 
section, an owner or operator of a hazardous waste surface impoundment 
that is not in compliance with the liner and leachate collection system 
requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o) 
(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
    (1) Submit with the request to modify the permit:

[[Page 388]]

    (i) A contingent corrective measures plan, unless a corrective 
action plan has already been submitted under Sec. 264.99; and
    (ii) A plan for removing hazardous wastes in compliance with 
paragraph (e)(2) of this section; and
    (2) Remove all hazardous wastes from the unit by removing all 
hazardous liquids, and removing all hazardous sludges to the extent 
practicable without impairing the integrity of the liner(s), if any.
    (3) Removal of hazardous wastes must be completed no later than 90 
days after the final receipt of hazardous wastes. The Regional 
Administrator may approve an extension to this deadline if the owner or 
operator demonstrates that the removal of hazardous wastes will, of 
necessity, take longer than the allotted period to complete and that an 
extension will not pose a threat to human health and the environment.
    (4) If a release that is a statistically significant increase (or 
decrease in the case of pH) over background values for detection 
monitoring parameters or constituents specified in the permit or that 
exceeds the facility's ground-water protection standard at the point of 
compliance, if applicable, is detected in accordance with the 
requirements in subpart F of this part, the owner or operator of the 
unit:
    (i) Must implement corrective measures in accordance with the 
approved contingent corrective measures plan required by paragraph 
(e)(1) of this section no later than one year after detection of the 
release, or approval of the contingent corrective measures plan, 
whichever is later;
    (ii) May continue to receive wastes at the unit following detection 
of the release only if the approved corrective measures plan includes a 
demonstration that continued receipt of wastes will not impede 
corrective action; and
    (iii) May be required by the Regional Administrator to implement 
corrective measures in less than one year or to cease the receipt of 
wastes until corrective measures have been implemented if necessary to 
protect human health and the environment.
    (5) During the period of corrective action, the owner or operator 
shall provide annual reports to the Regional Administrator describing 
the progress of the corrective action program, compile all ground-water 
monitoring data, and evaluate the effect of the continued receipt of 
non-hazardous wastes on the effectiveness of the corrective action.
    (6) The Regional Administrator may require the owner or operator to 
commence closure of the unit if the owner or operator fails to implement 
corrective action measures in accordance with the approved contingent 
corrective measures plan within one year as required in paragraph (e)(4) 
of this section, or fails to make substantial progress in implementing 
corrective action and achieving the facility's ground-water protection 
standard or background levels if the facility has not yet established a 
ground-water protection standard.
    (7) If the owner or operator fails to implement corrective measures 
as required in paragraph (e)(4) of this section, or if the Regional 
Administrator determines that substantial progress has not been made 
pursuant to paragraph (e)(6) of this section he shall:
    (i) Notify the owner or operator in writing that the owner or 
operator must begin closure in accordance with the deadlines in 
paragraphs (a) and (b) of this section and provide a detailed statement 
of reasons for this determination, and
    (ii) Provide the owner or operator and the public, through a 
newspaper notice, the opportunity to submit written comments on the 
decision no later than 20 days after the date of the notice.
    (iii) If the Regional Administrator receives no written comments, 
the decision will become final five days after the close of the comment 
period. The Regional Administrator will notify the owner or operator 
that the decision is final, and that a revised closure plan, if 
necessary, must be submitted within 15 days of the final notice and that 
closure must begin in accordance with the deadlines in paragraphs (a) 
and (b) of this section.
    (iv) If the Regional Administrator receives written comments on the 
decision, he shall make a final decision within 30 days after the end of 
the comment period, and provide the owner or

[[Page 389]]

operator in writing and the public through a newspaper notice, a 
detailed statement of reasons for the final decision. If the Regional 
Administrator determines that substantial progress has not been made, 
closure must be initiated in accordance with the deadlines in paragraphs 
(a) and (b) of this section.
    (v) The final determinations made by the Regional Administrator 
under paragraphs (e)(7) (iii) and (iv) of this section are not subject 
to administrative appeal.

[51 FR 16444, May 2, 1986, as amended at 54 FR 33394, Aug. 14, 1989; 71 
FR 16904, Apr. 4, 2006]



Sec. 264.114  Disposal or decontamination of equipment, structures and soils.

    During the partial and final closure periods, all contaminated 
equipment, structures and soils must be properly disposed of or 
decontaminated unless otherwise specified in Sec. Sec. 264.197, 
264.228, 264.258, 264.280 or Sec. 264.310. By removing any hazardous 
wastes or hazardous constituents during partial and final closure, the 
owner or operator may become a generator of hazardous waste and must 
handle that waste in accordance with all applicable requirements of part 
262 of this chapter.

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



Sec. 264.115  Certification of closure.

    Within 60 days of completion of closure of each hazardous waste 
surface impoundment, waste pile, land treatment, and landfill unit, and 
within 60 days of the completion of final closure, the owner or operator 
must submit to the Regional Administrator, by registered mail, a 
certification that the hazardous waste management unit or facility, as 
applicable, has been closed in accordance with the specifications in the 
approved closure plan. The certification must be signed by the owner or 
operator and by a qualified Professional Engineer. Documentation 
supporting the Professional Engineer's certification must be furnished 
to the Regional Administrator upon request until he releases the owner 
or operator from the financial assurance requirements for closure under 
Sec. 264.143(i).

[71 FR 16904, Apr. 4, 2006, as amended at 71 FR 40272, July 14, 2006]



Sec. 264.116  Survey plat.

    No later than the submission of the certification of closure of each 
hazardous waste disposal unit, the owner or operator must submit to the 
local zoning authority, or the authority with jurisdiction over local 
land use, and to the Regional Administrator, a survey plat indicating 
the location and dimensions of landfill cells or other hazardous waste 
disposal units with respect to permanently surveyed benchmarks. This 
plat must be prepared and certified by a professional land surveyor. The 
plat filed with the local zoning authority, or the authority with 
jurisdiction over local land use, must contain a note, prominently 
displayed, which states the owner's or operator's obligation to restrict 
disturbance of the hazardous waste disposal unit in accordance with the 
applicable subpart G regulations.

[51 FR 16444, May 2, 1986, as amended at 71 FR 40272, July 14, 2006]



Sec. 264.117  Post-closure care and use of property.

    (a)(1) Post-closure care for each hazardous waste management unit 
subject to the requirements of Sec. Sec. 264.117 through 264.120 must 
begin after completion of closure of the unit and continue for 30 years 
after that date and must consist of at least the following:
    (i) Monitoring and reporting in accordance with the requirements of 
subparts F, K, L, M, N, and X of this part; and
    (ii) Maintenance and monitoring of waste containment systems in 
accordance with the requirements of subparts F, K, L, M, N, and X of 
this part.
    (2) Any time preceding partial closure of a hazardous waste 
management unit subject to post-closure care requirements or final 
closure, or any time during the post-closure period for a particular 
unit, the Regional Administrator may, in accordance with the permit 
modification procedures in parts 124 and 270:

[[Page 390]]

    (i) Shorten the post-closure care period applicable to the hazardous 
waste management unit, or facility, if all disposal units have been 
closed, if he finds that the reduced period is sufficient to protect 
human health and the environment (e.g., leachate or ground-water 
monitoring results, characteristics of the hazardous wastes, application 
of advanced technology, or alternative disposal, treatment, or re-use 
techniques indicate that the hazardous waste management unit or facility 
is secure); or
    (ii) Extend the post-closure care period applicable to the hazardous 
waste management unit or facility if he finds that the extended period 
is necessary to protect human health and the environment (e.g., leachate 
or ground-water monitoring results indicate a potential for migration of 
hazardous wastes at levels which may be harmful to human health and the 
environment).
    (b) The Regional Administrator may require, at partial and final 
closure, continuation of any of the security requirements of Sec. 
264.14 during part or all of the post-closure period when:
    (1) Hazardous wastes may remain exposed after completion of partial 
or final closure; or
    (2) Access by the public or domestic livestock may pose a hazard to 
human health.
    (c) Post-closure use of property on or in which hazardous wastes 
remain after partial or final closure must never be allowed to disturb 
the integrity of the final cover, liner(s), or any other components of 
the containment system, or the function of the facility's monitoring 
systems, unless the Regional Administrator finds that the disturbance:
    (1) Is necessary to the proposed use of the property, and will not 
increase the potential hazard to human health or the environment; or
    (2) Is necessary to reduce a threat to human health or the 
environment.
    (d) All post-closure care activities must be in accordance with the 
provisions of the approved post-closure plan as specified in Sec. 
264.118.

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



Sec. 264.118  Post-closure plan; amendment of plan.

    (a) Written Plan. The owner or operator of a hazardous waste 
disposal unit must have a written post-closure plan. In addition, 
certain surface impoundments and waste piles from which the owner or 
operator intends to remove or decontaminate the hazardous wastes at 
partial or final closure are required by Sec. Sec. 264.228(c)(1)(ii) 
and 264.258(c)(1)(ii) to have contingent post-closure plans. Owners or 
operators of surface impoundments and waste piles not otherwise required 
to prepare contingent post-closure plans under Sec. Sec. 
264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan 
to the Regional Administrator within 90 days from the date that the 
owner or operator or Regional administrator determines that the 
hazardous waste management unit must be closed as a landfill, subject to 
the requirements of Sec. Sec. 264.117 through 264.120. The plan must be 
submitted with the permit application, in accordance with Sec. 
270.14(b)(13) of this chapter, and approved by the Regional 
Administrator as part of the permit issuance procedures under part 124 
of this chapter. In accordance with Sec. 270.32 of this chapter, the 
approved post-closure plan will become a condition of any RCRA permit 
issued.
    (b) For each hazardous waste management unit subject to the 
requirements of this section, the post-closure plan must identify the 
activities that will be carried on after closure of each disposal unit 
and the frequency of these activities, and include at least:
    (1) A description of the planned monitoring activities and 
frequencies at which they will be performed to comply with subparts F, 
K, L, M, N, and X of this part during the post-closure care period; and
    (2) A description of the planned maintenance activities, and 
frequencies at which they will be performed, to ensure:
    (i) The integrity of the cap and final cover or other containment 
systems in accordance with the requirements of subparts F, K, L, M, N, 
and X of this part; and

[[Page 391]]

    (ii) The function of the monitoring equipment in accordance with the 
requirements of subparts, F, K, L, M, N, and X of this part; and
    (3) The name, address, and phone number of the person or office to 
contact about the hazardous waste disposal unit or facility during the 
post-closure care period.
    (4) For facilities where the Regional Administrator has applied 
alternative requirements at a regulated unit under Sec. Sec. 264.90(f), 
264.110(c), and/or Sec. Sec. 264.140(d), either the alternative 
requirements that apply to the regulated unit, or a reference to the 
enforceable document containing those requirements.
    (c) Until final closure of the facility, a copy of the approved 
post-closure plan must be furnished to the Regional Administrator upon 
request, including request by mail. After final closure has been 
certified, the person or office specified in Sec. 264.118(b)(3) must 
keep the approved post-closure plan during the remainder of the post-
closure period.
    (d) Amendment of plan. The owner or operator must submit a written 
notification of or request for a permit modification to authorize a 
change in the approved post-closure plan in accordance with the 
applicable requirements in parts 124 and 270. The written notification 
or request must include a copy of the amended post-closure plan for 
review or approval by the Regional Administrator.
    (1) The owner or operator may submit a written notification or 
request to the Regional Administrator for a permit modification to amend 
the post-closure plan at any time during the active life of the facility 
or during the post-closure care period.
    (2) The owner or operator must submit a written notification of or 
request for a permit modification to authorize a change in the approved 
post-closure plan whenever:
    (i) Changes in operating plans or facility design affect the 
approved post-closure plan, or
    (ii) There is a change in the expected year of final closure, if 
applicable, or
    (iii) Events which occur during the active life of the facility, 
including partial and final closures, affect the approved post-closure 
plan.
    (iv) The owner or operator requests the Regional Administrator to 
apply alternative requirements to a regulated unit under Sec. Sec. 
264.90(f), 264.110(c), and/or Sec. 264.140(d).
    (3) The owner or operator must submit a written request for a permit 
modification at least 60 days prior to the proposed change in facility 
design or operation, or no later than 60 days after an unexpected event 
has occurred which has affected the post-closure plan. An owner or 
operator of a surface impoundment or waste pile that intends to remove 
all hazardous waste at closure and is not otherwise required to submit a 
contingent post-closure plan under Sec. Sec. 264.228(c)(1)(ii) and 
264.258(c)(1)(ii) must submit a post-closure plan to the Regional 
Administrator no later than 90 days after the date that the owner or 
operator or Regional Administrator determines that the hazardous waste 
management unit must be closed as a landfill, subject to the 
requirements of Sec. 264.310. The Regional Administrator will approve, 
disapprove or modify this plan in accordance with the procedures in 
parts 124 and 270. In accordance with Sec. 270.32 of this chapter, the 
approved post-closure plan will become a permit condition.
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in Sec. 264.118(d)(2). The owner or 
operator must submit the modified plan no later than 60 days after the 
Regional Administrator's request, or no later than 90 days if the unit 
is a surface impoundment or waste pile not previously required to 
prepare a contingent post-closure plan. Any modifications requested by 
the Regional Administrator will be approved, disapproved, or modified in 
accordance with the procedures in parts 124 and 270.

[51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53 
FR 37935, Sept. 28, 1988; 63 FR 56733, Oct. 22, 1998; 71 FR 40272, July 
14, 2006]



Sec. 264.119  Post-closure notices.

    (a) No later than 60 days after certification of closure of each 
hazardous waste disposal unit, the owner or operator must submit to the 
local zoning authority, or the authority with jurisdiction over local 
land use, and to the

[[Page 392]]

Regional Administrator a record of the type, location, and quantity of 
hazardous wastes disposed of within each cell or other disposal unit of 
the facility. For hazardous wastes disposed of before January 12, 1981, 
the owner or operator must identify the type, location, and quantity of 
the hazardous wastes to the best of his knowledge and in accordance with 
any records he has kept.
    (b) Within 60 days of certification of closure of the first 
hazardous waste disposal unit and within 60 days of certification of 
closure of the last hazardous waste disposal unit, the owner or operator 
must:
    (1) Record, in accordance with State law, a notation on the deed to 
the facility property--or on some other instrument which is normally 
examined during title search--that will in perpetuity notify any 
potential purchaser of the property that:
    (i) The land has been used to manage hazardous wastes; and
    (ii) Its use is restricted under 40 CFR part 264, subpart G 
regulations; and
    (iii) The survey plat and record of the type, location, and quantity 
of hazardous wastes disposed of within each cell or other hazardous 
waste disposal unit of the facility required by Sec. Sec. 264.116 and 
264.119(a) have been filed with the local zoning authority or the 
authority with jurisdiction over local land use and with the Regional 
Administrator; and
    (2) Submit a certification, signed by the owner or operator, that he 
has recorded the notation specified in paragraph (b)(1) of this section, 
including a copy of the document in which the notation has been placed, 
to the Regional Administrator.
    (c) If the owner or operator or any subsequent owner or operator of 
the land upon which a hazardous waste disposal unit is located wishes to 
remove hazardous wastes and hazardous waste residues, the liner, if any, 
or contaminated soils, he must request a modification to the post-
closure permit in accordance with the applicable requirements in parts 
124 and 270. The owner or operator must demonstrate that the removal of 
hazardous wastes will satisfy the criteria of Sec. 264.117(c). By 
removing hazardous waste, the owner or operator may become a generator 
of hazardous waste and must manage it in accordance with all applicable 
requirements of this chapter. If he is granted a permit modification or 
otherwise granted approval to conduct such removal activities, the owner 
or operator may request that the Regional Administrator approve either:
    (1) The removal of the notation on the deed to the facility property 
or other instrument normally examined during title search; or
    (2) The addition of a notation to the deed or instrument indicating 
the removal of the hazardous waste.

[51 FR 16444, May 2, 1986, as amended at 71 FR 40272, July 14, 2006]



Sec. 264.120  Certification of completion of post-closure care.

    No later than 60 days after completion of the established post-
closure care period for each hazardous waste disposal unit, the owner or 
operator must submit to the Regional Administrator, by registered mail, 
a certification that the post-closure care period for the hazardous 
waste disposal unit was performed in accordance with the specifications 
in the approved post-closure plan. The certification must be signed by 
the owner or operator and a qualified Professional Engineer. 
Documentation supporting the Professional Engineer's certification must 
be furnished to the Regional Administrator upon request until he 
releases the owner or operator from the financial assurance requirements 
for post-closure care under Sec. 264.145(i).

[71 FR 16904, Apr. 4, 2006]



                    Subpart H_Financial Requirements

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



Sec. 264.140  Applicability.

    (a) The requirements of Sec. Sec. 264.142, 264.143, and 264.147 
through 264.151 apply to owners and operators of all hazardous waste 
facilities, except as provided otherwise in this section or in Sec. 
264.1.

[[Page 393]]

    (b) The requirements of Sec. Sec. 264.144 and 264.145 apply only to 
owners and operators of:
    (1) Disposal facilities;
    (2) Piles, and surface impoundments from which the owner or operator 
intends to remove the wastes at closure, to the extent that these 
sections are made applicable to such facilities in Sec. Sec. 264.228 
and 264.258;
    (3) Tank systems that are required under Sec. 264.197 to meet the 
requirements for landfills; and
    (4) Containment buildings that are required under Sec. 264.1102 to 
meet the requirements for landfills.
    (c) States and the Federal government are exempt from the 
requirements of this subpart.
    (d) The Regional Administrator may replace all or part of the 
requirements of this subpart applying to a regulated unit with 
alternative requirements for financial assurance set out in the permit 
or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where 
the Regional Administrator:
    (1) Prescribes alternative requirements for the regulated unit under 
Sec. 264.90(f) and/or Sec. 264.110(c); and
    (2) Determines that it is not necessary to apply the requirements of 
this subpart because the alternative financial assurance requirements 
will protect human health and the environment.

[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51 
FR 25472, July 14, 1986; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 
22, 1998; 71 FR 40272, July 14, 2006]



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

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 264.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 264.142 (a), (b), and (c).
    (c) Current post-closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 264.144 (a), (b), and (c).
    (d) Parent corporation means a corporation which directly owns at 
least 50 percent of the voting stock of the corporation which is the 
facility owner or operator; the latter corporation is deemed a 
``subsidiary'' of the parent corporation.
    (e) Post-closure plan means the plan for post-closure care prepared 
in accordance with the requirements of Sec. Sec. 264.117 through 
264.120.
    (f) The following terms are used in the specifications for the 
financial tests for closure, post-closure care, and liability coverage. 
The definitions are intended to assist in the understanding of these 
regulations and are not intended to limit the meanings of terms in a way 
that conflicts with generally accepted accounting practices.
    Assets means all existing and all probable future economic benefits 
obtained or controlled by a particular entity.
    Current assets means cash or other assets or resources commonly 
identified as those which are reasonably expected to be realized in cash 
or sold or consumed during the normal operating cycle of the business.
    Current liabilities means obligations whose liquidation is 
reasonably expected to require the use of existing resources properly 
classifiable as current assets or the creation of other current 
liabilities.
    Current plugging and abandonment cost estimate means the most recent 
of the estimates prepared in accordance with Sec. 144.62(a), (b), and 
(c) of this title.
    Independently audited refers to an audit performed by an independent 
certified public accountant in accordance with generally accepted 
auditing standards.
    Liabilities means probable future sacrifices of economic benefits 
arising from present obligations to transfer assets or provide services 
to other entities in the future as a result of past transactions or 
events.
    Net working capital means current assets minus current liabilities.
    Net worth means total assets minus total liabilities and is 
equivalent to owner's equity.
    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets would not include intangibles such as 
goodwill and rights to patents or royalties.
    (g) In the liability insurance requirements the terms bodily injury 
and property damage shall have the meanings

[[Page 394]]

given these terms by applicable State law. However, these terms do not 
include those liabilities which, consistent with standard industry 
practices, are excluded from coverage in liability policies for bodily 
injury and property damage. The Agency intends the meanings of other 
terms used in the liability insurance requirements to be consistent with 
their common meanings within the insurance industry. The definitions 
given below of several of the terms are intended to assist in the 
understanding of these regulations and are not intended to limit their 
meanings in a way that conflicts with general insurance industry usage.
    Accidental occurrence means an accident, including continuous or 
repeated exposure to conditions, which results in bodily injury or 
property damage neither expected nor intended from the standpoint of the 
insured.
    Legal defense costs means any expenses that an insurer incurs in 
defending against claims of third parties brought under the terms and 
conditions of an insurance policy.
    Nonsudden accidental occurrence means an occurrence which takes 
place over time and involves continuous or repeated exposure.
    Sudden accidental occurrence means an occurrence which is not 
continuous or repeated in nature.
    (h) Substantial business relationship means the extent of a business 
relationship necessary under applicable State law to make a guarantee 
contract issued incident to that relationship valid and enforceable. A 
``substantial business relationship'' must arise from a pattern of 
recent or ongoing business transactions, in addition to the guarantee 
itself, such that a currently existing business relationship between the 
guarantor and the owner or operator is demonstrated to the satisfaction 
of the applicable EPA Regional Administrator.

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



Sec. 264.142  Cost estimate for closure.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of closing the facility in accordance with 
the requirements in Sec. Sec. 264.111 through 264.115 and applicable 
closure requirements in Sec. Sec. 264.178, 264.197, 264.228, 264.258, 
264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.
    (1) The estimate must equal the cost of final closure at the point 
in the facility's active life when the extent and manner of its 
operation would make closure the most expensive, as indicated by its 
closure plan (see Sec. 264.112(b)); and
    (2) The closure cost estimate must be based on the costs to the 
owner or operator of hiring a third party to close the facility. A third 
party is a party who is neither a parent nor a subsidiary of the owner 
or operator. (See definition of parent corporation in Sec. 264.141(d).) 
The owner or operator may use costs for on-site disposal if he can 
demonstrate that on-site disposal capacity will exist at all times over 
the life of the facility.
    (3) The closure cost estimate may not incorporate any salvage value 
that may be realized with the sale of hazardous wastes, or non-hazardous 
wastes if applicable under Sec. 264.113(d), facility structures or 
equipment, land, or other assets associated with the facility at the 
time of partial or final closure.
    (4) The owner or operator may not incorporate a zero cost for 
hazardous wastes, or non-hazardous wastes if applicable under Sec. 
264.113(d), that might have economic value.
    (b) During the active life of the facility, the owner or operator 
must adjust the closure cost estimate for inflation within 60 days prior 
to the anniversary date of the establishment of the financial 
instrument(s) used to comply with Sec. 264.143. For owners and 
operators using the financial test or corporate guarantee, the closure 
cost estimate must be updated for inflation within 30 days after the 
close of the firm's fiscal year and before submission of updated 
information to the Regional Administrator as specified in Sec. 
264.143(f)(3). The adjustment may be made by recalculating the maximum 
costs of closure in current dollars, or by using an inflation factor 
derived from the most recent Implicit Price Deflator for Gross National 
Product published by the U.S. Department of Commerce in its Survey

[[Page 395]]

of Current Business, as specified in paragraphs (b)(1) and (2) of this 
section. The inflation factor is the result of dividing the latest 
published annual Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the closure cost 
estimate by the inflation factor. The result is the adjusted closure 
cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted closure cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the closure cost estimate no later than 30 days after the 
Regional Administrator has approved the request to modify the closure 
plan, if the change in the closure plan increases the cost of closure. 
The revised closure cost estimate must be adjusted for inflation as 
specified in Sec. 264.142(b).
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest closure cost 
estimate prepared in accordance with Sec. 264.142 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 264.142(b), the 
latest adjusted closure cost estimate.

[47 FR 15047, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16447, May 2, 1986; 52 FR 46964, Dec. 10, 1987; 54 FR 33395, Aug. 14, 
1989; 57 FR 37265, Aug. 18, 1992; 71 FR 40272, July 14, 2006]



Sec. 264.143  Financial assurance for closure.

    An owner or operator of each facility must establish financial 
assurance for closure of the facility. He must choose from the options 
as specified in paragraphs (a) through (f) of this section.
    (a) Closure trust fund. (1) An owner or operator may satisfy the 
requirements of this section by establishing a closure trust fund which 
conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator. An owner or operator of a new facility must submit the 
originally signed duplicate of the trust agreement to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for treatment, storage, or disposal. The trustee must 
be an entity which has the authority to act as a trustee and whose trust 
operations are regulated and examined by a Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 264.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current 
closure cost estimate covered by the agreement.
    (3) Payments into the trust fund must be made annually by the owner 
or operator over the term of the initial RCRA permit or over the 
remaining operating life of the facility as estimated in the closure 
plan, whichever period is shorter; this period is hereafter referred to 
as the ``pay-in period.'' The payments into the closure trust fund must 
be made as follows:
    (i) For a new facility, the first payment must be made before the 
initial receipt of hazardous waste for treatment, storage, or disposal. 
A receipt from the trustee for this payment must be submitted by the 
owner or operator to the Regional Administrator before this initial 
receipt of hazardous waste. The first payment must be at least equal to 
the current closure cost estimate, except as provided in Sec. 
264.143(g), divided by the number of years in the pay-in period. 
Subsequent payments must be made no later than 30 days after each 
anniversary date of the first payment. The amount of each subsequent 
payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current closure cost estimate, CV is the current value 
of the trust fund, and Y is the number of years remaining in the pay-in 
period.

    (ii) If an owner or operator establishes a trust fund as specified 
in Sec. 265.143(a) of this chapter, and the value of that trust fund is 
less than the current closure cost estimate when a permit is awarded for 
the facility, the amount of the current closure cost estimate still to 
be paid into the trust

[[Page 396]]

fund must be paid in over the pay-in period as defined in paragraph 
(a)(3) of this section. Payments must continue to be made no later than 
30 days after each anniversary date of the first payment made pursuant 
to part 265 of this chapter. The amount of each payment must be 
determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current closure cost estimate, CV is the current value 
of the trust fund, and Y is the number of years remaining in the pay-in 
period.

    (4) The owner or operator may accelerate payments into the trust 
fund or he may deposit the full amount of the current closure cost 
estimate at the time the fund is established. However, he must maintain 
the value of the fund at no less than the value that the fund would have 
if annual payments were made as specified in paragraph (a)(3) of this 
section.
    (5) If the owner or operator establishes a closure trust fund after 
having used one or more alternate mechanisms specified in this section 
or in Sec. 265.143 of this chapter, his first payment must be in at 
least the amount that the fund would contain if the trust fund were 
established initially and annual payments made according to 
specifications of this paragraph and Sec. 265.143(a) of this chapter, 
as applicable.
    (6) After the pay-in period is completed, whenever the current 
closure cost estimate changes, the owner or operator must compare the 
new estimate with the trustee's most recent annual valuation of the 
trust fund. If the value of the fund is less than the amount of the new 
estimate, the owner or operator, within 60 days after the change in the 
cost estimate, must either deposit an amount into the fund so that its 
value after this deposit at least equals the amount of the current 
closure cost estimate, or obtain other financial assurance as specified 
in this section to cover the difference.
    (7) If the value of the trust fund is greater than the total amount 
of the current closure cost estimate, the owner or operator may submit a 
written request to the Regional Administrator for release of the amount 
in excess of the current closure cost estimate.
    (8) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current closure cost estimate covered by the 
trust fund.
    (9) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (7) or (8) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) After beginning partial or final closure, an owner or operator 
or another person authorized to conduct partial or final closure may 
request reimbursements for partial or final closure expenditures by 
submitting itemized bills to the Regional Administrator. The owner or 
operator may request reimbursements for partial closure only if 
sufficient funds are remaining in the trust fund to cover the maximum 
costs of closing the facility over its remaining operating life. Within 
60 days after receiving bills for partial or final closure activities, 
the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator has reason 
to believe that the maximum cost of closure over the remaining life of 
the facility will be significantly greater than the value of the trust 
fund, he may withhold reimbursements of such amounts as he deems prudent 
until he determines, in accordance with Sec. 264.143(i) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide the 
owner or operator with a detailed written statement of reasons.

[[Page 397]]

    (11) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (b) Surety bond guaranteeing payment into a closure trust fund. (1) 
An owner or operator may satisfy the requirements of this section by 
obtaining a surety bond which conforms to the requirements of this 
paragraph and submitting the bond to the Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for treatment, storage, or disposal. The bond must be 
effective before this initial receipt of hazardous waste. The surety 
company issuing the bond must, at a minimum, be among those listed as 
acceptable sureties on Federal bonds in Circular 570 of the U.S. 
Department of the Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in Sec. 
264.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before the beginning of final closure of the facility; or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin final closure 
issued by the Regional Administrator becomes final, or within 15 days 
after an order to begin final closure is issued by a U.S. district court 
or other court of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current closure cost estimate, except as provided in Sec. 
264.143(g).
    (7) Whenever the current closure cost estimate increases to an 
amount greater than the penal sum, the owner or operator, within 60 days 
after the increase, must either cause the penal sum to be increased to 
an amount at least equal to the current closure cost estimate and submit 
evidence of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current closure cost estimate decreases, the penal sum may 
be reduced to the amount of the current closure cost estimate following 
written approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of

[[Page 398]]

the notice of cancellation by both the owner or operator and the 
Regional Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Surety bond guaranteeing performance of closure. (1) An owner or 
operator may satisfy the requirements of this section by obtaining a 
surety bond which conforms to the requirements of this paragraph and 
submitting the bond to the Regional Administrator. An owner or operator 
of a new facility must submit the bond to the Regional Administrator at 
least 60 days before the date on which hazardous waste is first received 
for treatment, storage, or disposal. The bond must be effective before 
this initial receipt of hazardous waste. The surety company issuing the 
bond must, at a minimum, be among those listed as acceptable sureties on 
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(c).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust must meet the requirements specified in Sec. 264.143(a), 
except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Perform final closure in accordance with the closure plan and 
other requirements of the permit for the facility whenever required to 
do so; or
    (ii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond. Following a final administrative determination 
pursuant to section 3008 of RCRA that the owner or operator has failed 
to perform final closure in accordance with the approved closure plan 
and other permit requirements when required to do so, under the terms of 
the bond the surety will perform final closure as guaranteed by the bond 
or will deposit the amount of the penal sum into the standby trust fund.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current closure cost estimate.
    (7) Whenever the current closure cost estimate increases to an 
amount greater than the penal sum, the owner or operator, within 60 days 
after the increase, must either cause the penal sum to be increased to 
an amount at least equal to the current closure cost estimate and submit 
evidence of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section. Whenever the current 
closure cost estimate decreases, the penal sum may be reduced to the 
amount of the current closure cost estimate following written approval 
by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of

[[Page 399]]

the notice of cancellation by both the owner or operator and the 
Regional Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent. The Regional 
Administrator will provide such written consent when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (10) The surety will not be liable for deficiencies in the 
performance of closure by the owner or operator after the Regional 
Administrator releases the owner or operator from the requirements of 
this section in accordance with Sec. 264.143(i).
    (d) Closure letter of credit. (1) An owner or operator may satisfy 
the requirements of this section by obtaining an irrevocable standby 
letter of credit which conforms to the requirements of this paragraph 
and submitting the letter to the Regional Administrator. An owner or 
operator of a new facility must submit the letter of credit to the 
Regional Administrator at least 60 days before the date on which 
hazardous waste is first received for treatment, storage, or disposal. 
The letter of credit must be effective before this initial receipt of 
hazardous waste. The issuing institution must be an entity which has the 
authority to issue letters of credit and whose letter-of-credit 
operations are regulated and examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(d).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in Sec. 
264.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.143(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: the EPA 
Identification Number, name, and address of the facility, and the amount 
of funds assured for closure of the facility by the letter of credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current closure cost estimate, except as provided in Sec. 
264.143(g).
    (7) Whenever the current closure cost estimate increases to an 
amount greater than the amount of the credit, the owner or operator, 
within 60 days after the increase, must either cause the amount of the 
credit to be increased so that it at least equals the current closure 
cost estimate and submit evidence

[[Page 400]]

of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current closure cost estimate decreases, the amount of the 
credit may be reduced to the amount of the current closure cost estimate 
following written approval by the Regional Administrator.
    (8) Following a final administrative determination pursuant to 
section 3008 of RCRA that the owner or operator has failed to perform 
final closure in accordance with the closure plan and other permit 
requirements when required to do so, the Regional Administrator may draw 
on the letter of credit.
    (9) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from issuing institution that it has decided 
not to extend the letter of credit beyond the current expiration date, 
the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this section and obtain written 
approval of such assurance from the Regional Administrator.
    (10) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (e) Closure insurance. (1) An owner or operator may satisfy the 
requirements of this section by obtaining closure insurance which 
conforms to the requirements of this paragraph and submitting a 
certificate of such insurance to the Regional Administrator. An owner or 
operator of a new facility must submit the certificate of insurance to 
the Regional Administrator at least 60 days before the date on which 
hazardous waste is first received for treatment, storage, or disposal. 
The insurance must be effective before this initial receipt of hazardous 
waste. At a minimum, the insurer must be licensed to transact the 
business of insurance, or eligible to provide insurance as an excess or 
surplus lines insurer, in one or more States.
    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 264.151(e).
    (3) The closure insurance policy must be issued for a face amount at 
least equal to the current closure cost estimate, except as provided in 
Sec. 264.143(g). The term ``face amount'' means the total amount the 
insurer is obligated to pay under the policy. Actual payments by the 
insurer will not change the face amount, although the insurer's future 
liability will be lowered by the amount of the payments.
    (4) The closure insurance policy must guarantee that funds will be 
available to close the facility whenever final closure occurs. The 
policy must also guarantee that once final closure begins, the insurer 
will be responsible for paying out funds, up to an amount equal to the 
face amount of the policy, upon the direction of the Regional 
Administrator, to such party or parties as the Regional Administrator 
specifies.
    (5) After beginning partial or final closure, an owner or operator 
or any other person authorized to conduct closure may request 
reimbursements for closure expenditures by submitting itemized bills to 
the Regional Administrator. The owner or operator may request 
reimbursements for partial closure only if the remaining value of the 
policy is sufficient to cover the maximum costs of closing the facility 
over its remaining operating life. Within 60 days after receiving bills 
for closure activities, the Regional Administrator will instruct the 
insurer to make reimbursements in such amounts as the Regional 
Administrator specifies in writing, if the Regional Administrator 
determines that the partial or final closure expenditures are in 
accordance

[[Page 401]]

with the approved closure plan or otherwise justified. If the Regional 
Administrator has reason to believe that the maximum cost of closure 
over the remaining life of the facility will be significantly greater 
than the face amount of the policy, he may withhold reimbursements of 
such amounts as he deems prudent until he determines, in accordance with 
Sec. 264.143(i), that the owner or operator is no longer required to 
maintain financial assurance for final closure of the facility. If the 
Regional Administrator does not instruct the insurer to make such 
reimbursements, he will provide the owner or operator with a detailed 
written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (e)(10) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:
    (i) The Regional Administrator deems the facility abandoned; or
    (ii) The permit is terminated or revoked or a new permit is denied; 
or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current closure cost estimate increases to an 
amount greater than the face amount of the policy, the owner or 
operator, within 60 days after the increase, must either cause the face 
amount to be increased to an amount at least equal to the current 
closure cost estimate and submit evidence of such increase to the 
Regional Administrator, or obtain other financial assurance as specified 
in this section to cover the increase. Whenever the current closure cost 
estimate decreases, the face amount may be reduced to the amount of the 
current closure cost estimate following written approval by the Regional 
Administrator.
    (10) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (f) Financial test and corporate guarantee for closure. (1) An owner 
or operator may satisfy the requirements of this section by 
demonstrating that he passes a financial test as specified in this 
paragraph. To pass this test the owner or operator must meet the 
criteria of either paragraph (f)(1)(i) or (ii) of this section:

[[Page 402]]

    (i) The owner or operator must have:
    (A) Two of the following three ratios: a ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current closure and post-closure cost estimates and 
the current plugging and abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates.
    (2) The phrase ``current closure and post-closure cost estimates'' 
as used in paragraph (f)(1) of this section refers to the cost estimates 
required to be shown in paragraphs 1-4 of the letter from the owner's or 
operator's chief financial officer (Sec. 264.151(f)). The phrase 
``current plugging and abandonment cost estimates'' as used in paragraph 
(f)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 144.70(f) of this title).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(f); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and
    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for treatment, storage, or disposal.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.

[[Page 403]]

    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (f)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (f)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (f)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this section 
within 30 days after notification of the disallowance.
    (9) The owner or operator is no longer required to submit the items 
specified in paragraph (f)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.143(i).
    (10) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (f)(1) through (8) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
264.151(h). The certified copy of the guarantee must accompany the items 
sent to the Regional Administrator as specified in paragraph (f)(3) of 
this section. One of these items must be the letter from the guarantor's 
chief financial officer. If the guarantor's parent corporation is also 
the parent corporation of the owner or operator, the letter must 
describe the value received in consideration of the guarantee. If the 
guarantor is a firm with a ``substantial business relationship'' with 
the owner or operator, this letter must describe this ``substantial 
business relationship'' and the value received in consideration of the 
guarantee. The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform final closure of a 
facility covered by the corporate guarantee in accordance with the 
closure plan and other permit requirements whenever required to do so, 
the guarantor will do so or establish a trust fund as specified in Sec. 
264.143(a) in the name of the owner or operator.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternative 
financial assurance in the name of the owner or operator.
    (g) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds guaranteeing payment into a

[[Page 404]]

trust fund, letters of credit, and insurance. The mechanisms must be as 
specified in paragraphs (a), (b), (d), and (e), respectively, of this 
section, except that it is the combination of mechanisms, rather than 
the single mechanism, which must provide financial assurance for an 
amount at least equal to the current closure cost estimate. If an owner 
or operator uses a trust fund in combination with a surety bond or a 
letter of credit, he may use the trust fund as the standby trust fund 
for the other mechanisms. A single standby trust fund may be established 
for two or more mechanisms. The Regional Administrator may use any or 
all of the mechanisms to provide for closure of the facility.
    (h) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number, name, address, and the amount of funds for 
closure assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for closure of any of the facilities covered by the mechanism, the 
Regional Administrator may direct only the amount of funds designated 
for that facility, unless the owner or operator agrees to the use of 
additional funds available under the mechanism.
    (i) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that final closure has 
been completed in accordance with the approved closure plan, the 
Regional Administrator will notify the owner or operator in writing that 
he is no longer required by this section to maintain financial assurance 
for final closure of the facility, unless the Regional Administrator has 
reason to believe that final closure has not been in accordance with the 
approved closure plan. The Regional Administrator shall provide the 
owner or operator a detailed written statement of any such reason to 
believe that closure has not been in accordance with the approved 
closure plan.

[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16448, May 2, 1986; 57 
FR 42835, Sept. 16, 1992; 71 FR 16905, Apr. 4, 2006; 71 FR 40272, July 
14, 2006]



Sec. 264.144  Cost estimate for post-closure care.

    (a) The owner or operator of a disposal surface impoundment, 
disposal miscellaneous unit, land treatment unit, or landfill unit, or 
of a surface impoundment or waste pile required under Sec. Sec. 264.228 
and 264.258 to prepare a contingent closure and post-closure plan, must 
have a detailed written estimate, in current dollars, of the annual cost 
of post-closure monitoring and maintenance of the facility in accordance 
with the applicable post-closure regulations in Sec. Sec. 264.117 
through 264.120, 264.228, 264.258, 264.280, 264.310, and 264.603.
    (1) The post-closure cost estimate must be based on the costs to the 
owner or operator of hiring a third party to conduct post-closure care 
activities. A third party is a party who is neither a parent nor a 
subsidiary of the owner or operator. (See definition of parent 
corporation in Sec. 264.141(d).)
    (2) The post-closure cost estimate is calculated by multiplying the 
annual post-closure cost estimate by the number of years of post-closure 
care required under Sec. 264.117.
    (b) During the active life of the facility, the owner or operator 
must adjust the post-closure cost estimate for inflation within 60 days 
prior to the anniversary date of the establishment of the financial 
instrument(s) used to comply with Sec. 264.145. For owners or operators 
using the financial test or corporate guarantee, the post-closure cost 
estimate must be updated for inflation within 30 days after the close of 
the

[[Page 405]]

firm's fiscal year and before the submission of updated information to 
the Regional Administrator as specified in Sec. 264.145(f)(5). The 
adjustment may be made by recalculating the post-closure cost estimate 
in current dollars or by using an inflation factor derived from the most 
recent Implicit Price Deflator for Gross National Product published by 
the U.S. Department of Commerce in its Survey of Current Business as 
specified in Sec. 264.145(b)(1) and (2). The inflation factor is the 
result of dividing the latest published annual Deflator by the Deflator 
for the previous year.
    (1) The first adjustment is made by multiplying the post-closure 
cost estimate by the inflation factor. The result is the adjusted post-
closure cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted post-closure cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the post-closure cost estimate within 30 days after the 
Regional Administrator has approved the request to modify the post-
closure plan, if the change in the post-closure plan increases the cost 
of post-closure care. The revised post-closure cost estimate must be 
adjusted for inflation as specified in Sec. 264.144(b).
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest post-closure cost 
estimate prepared in accordance with Sec. 264.144 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 264.144(b), the 
latest adjusted post-closure cost estimate.

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



Sec. 264.145  Financial assurance for post-closure care.

    The owner or operator of a hazardous waste management unit subject 
to the requirements of Sec. 264.144 must establish financial assurance 
for post-closure care in accordance with the approved post-closure plan 
for the facility 60 days prior to the initial receipt of hazardous waste 
or the effective date of the regulation, whichever is later. He must 
choose from the following options:
    (a) Post-closure trust fund. (1) An owner or operator may satisfy 
the requirements of this section by establishing a post-closure trust 
fund which conforms to the requirements of this paragraph and submitting 
an originally signed duplicate of the trust agreement to the Regional 
Administrator. An owner or operator of a new facility must submit the 
originally signed duplicate of the trust agreement to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for disposal. The trustee must be an entity which has 
the authority to act as a trustee and whose trust operations are 
regulated and examined by a Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 264.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current post-
closure cost estimate covered by the agreement.
    (3) Payments into the trust fund must be made annually by the owner 
or operator over the term of the initial RCRA permit or over the 
remaining operating life of the facility as estimated in the closure 
plan, whichever period is shorter; this period is hereafter referred to 
as the ``pay-in period.'' The payments into the post-closure trust fund 
must be made as follows:
    (i) For a new facility, the first payment must be made before the 
initial receipt of hazardous waste for disposal. A receipt from the 
trustee for this payment must be submitted by the owner or operator to 
the Regional Administrator before this initial receipt of hazardous 
waste. The first payment must be at least equal to the current post-
closure cost estimate, except as provided in Sec. 264.145(g), divided 
by the number of years in the pay-in period. Subsequent payments must be 
made no later than 30 days after each anniversary date of the first 
payment. The

[[Page 406]]

amount of each subsequent payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current post-closure cost estimate, CV is the current 
value of the trust fund, and Y is the number of years remaining in the 
pay-in period.

    (ii) If an owner or operator establishes a trust fund as specified 
in Sec. 265.145(a) of this chapter, and the value of that trust fund is 
less than the current post-closure cost estimate when a permit is 
awarded for the facility, the amount of the current post-closure cost 
estimate still to be paid into the fund must be paid in over the pay-in 
period as defined in paragraph (a)(3) of this section. Payments must 
continue to be made no later than 30 days after each anniversary date of 
the first payment made pursuant to Part 265 of this chapter. The amount 
of each payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current post-closure cost estimate, CV is the current 
value of the trust fund, and Y is the number of years remaining in the 
pay-in period.

    (4) The owner or operator may accelerate payments into the trust 
fund or he may deposit the full amount of the current post-closure cost 
estimate at the time the fund is established. However, he must maintain 
the value of the fund at no less than the value that the fund would have 
if annual payments were made as specified in paragraph (a)(3) of this 
section.
    (5) If the owner or operator establishes a post-closure trust fund 
after having used one or more alternate mechanisms specified in this 
section or in Sec. 265.145 of this chapter, his first payment must be 
in at least the amount that the fund would contain if the trust fund 
were established initially and annual payments made according to 
specifications of this paragraph and Sec. 265.145(a) of this chapter, 
as applicable.
    (6) After the pay-in period is completed, whenever the current post-
closure cost estimate changes during the operating life of the facility, 
the owner or operator must compare the new estimate with the trustee's 
most recent annual valuation of the trust fund. If the value of the fund 
is less than the amount of the new estimate, the owner or operator, 
within 60 days after the change in the cost estimate, must either 
deposit an amount into the fund so that its value after this deposit at 
least equals the amount of the current post-closure cost estimate, or 
obtain other financial assurance as specified in this section to cover 
the difference.
    (7) During the operating life of the facility, if the value of the 
trust fund is greater than the total amount of the current post-closure 
cost estimate, the owner or operator may submit a written request to the 
Regional Administrator for release of the amount in excess of the 
current post-closure cost estimate.
    (8) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current post-closure cost estimate covered 
by the trust fund.
    (9) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (7) or (8) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) During the period of post-closure care, the Regional 
Administrator may approve a release of funds if the owner or operator 
demonstrates to the Regional Administrator that the value of the trust 
fund exceeds the remaining cost of post-closure care.
    (11) An owner or operator or any other person authorized to conduct 
post-closure care may request reimbursements for post-closure care 
expenditures by submitting itemized bills to the Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure care expenditures are

[[Page 407]]

in accordance with the approved post-closure plan or otherwise 
justified. If the Regional Administrator does not instruct the trustee 
to make such reimbursements, he will provide the owner or operator with 
a detailed written statement of reasons.
    (12) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.145(i).
    (b) Surety bond guaranteeing payment into a post-closure trust fund. 
(1) An owner or operator may satisfy the requirements of this section by 
obtaining a surety bond which conforms to the requirements of this 
paragraph and submitting the bond to the Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for disposal. The bond must be effective before this 
initial receipt of hazardous waste. The surety company issuing the bond 
must, at a minimum, be among those listed as acceptable sureties on 
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in Sec. 
264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current post-closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before the beginning of final closure of the facility; or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin final closure 
issued by the Regional Administrator becomes final, or within 15 days 
after an order to begin final closure is issued by a U.S. district court 
or other court of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current post-closure cost estimate, except as provided in Sec. 
264.145(g).
    (7) Whenever the current post-closure cost estimate increases to an 
amount greater than the penal sum, the owner or operator, within 60 days 
after the increase, must either cause the penal sum to be increased to 
an amount at least equal to the current post-closure cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current post-closure cost estimate decreases, 
the penal sum may be reduced to the amount of the current post-closure 
cost estimate following written

[[Page 408]]

approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Surety bond guaranteeing performance of post-closure care. (1) 
An owner or operator may satisfy the requirements of this section by 
obtaining a surety bond which conforms to the requirements of this 
paragraph and submitting the bond to the Regional Administrator. An 
owner or operator of a new facility must submit the bond to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for disposal. The bond must be effective before this 
initial receipt of hazardous waste. The surety company issuing the bond 
must, at a minimum, be among those listed as acceptable sureties on 
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(c).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in Sec. 
264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current post-closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Perform post-closure care in accordance with the post-closure 
plan and other requirements of the permit for the facility; or
    (ii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days of receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond. Following a final administrative determination 
pursuant to section 3008 of RCRA that the owner or operator has failed 
to perform post-closure care in accordance with the approved post-
closure plan and other permit requirements, under the terms of the bond 
the surety will perform post-closure care in accordance with the post-
closure plan and other permit requirements or will deposit the amount of 
the penal sum into the standby trust fund.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current post-closure cost estimate.
    (7) Whenever the current post-closure cost estimate increases to an 
amount greater than the penal sum during the operating life of the 
facility, the owner or operator, within 60 days after the increase, must 
either cause the penal sum to be increased to an amount at least equal 
to the current post-closure cost estimate and submit evidence of such 
increase to the Regional Administrator, or obtain other financial 
assurance as specified in this section. Whenever the current post-
closure cost estimate decreases during the operating

[[Page 409]]

life of the facility, the penal sum may be reduced to the amount of the 
current post-closure cost estimate following written approval by the 
Regional Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the penal sum if the owner or 
operator demonstrates to the Regional Administrator that the amount 
exceeds the remaining cost of post-closure care.
    (9) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (10) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent. The Regional 
Administrator will provide such written consent when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.145(i).
    (11) The surety will not be liable for deficiencies in the 
performance of post-closure care by the owner or operator after the 
Regional Administrator releases the owner or operator from the 
requirements of this section in accordance with Sec. 264.145(i).
    (d) Post-closure letter of credit. (1) An owner or operator may 
satisfy the requirements of this section by obtaining an irrevocable 
standby letter of credit which conforms to the requirements of this 
paragraph and submitting the letter to the Regional Administrator. An 
owner or operator of a new facility must submit the letter of credit to 
the Regional Administrator at least 60 days before the date on which 
hazardous waste is first received for disposal. The letter of credit 
must be effective before this initial receipt of hazardous waste. The 
issuing institution must be an entity which has the authority to issue 
letters of credit and whose letter-of-credit operations are regulated 
and examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(d).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in Sec. 
264.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 264.145(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current post-closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: the EPA 
Identification Number, name, and address of the facility, and the amount 
of funds assured for post-closure care of the facility by the letter of 
credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date.

[[Page 410]]

Under the terms of the letter of credit, the 120 days will begin on the 
date when both the owner or operator and the Regional Administrator have 
received the notice, as evidenced by the return receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current post-closure cost estimate, except as provided in Sec. 
264.145(g).
    (7) Whenever the current post-closure cost estimate increases to an 
amount greater than the amount of the credit during the operating life 
of the facility, the owner or operator, within 60 days after the 
increase, must either cause the amount of the credit to be increased so 
that it at least equals the current post-closure cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current post-closure cost estimate decreases 
during the operating life of the facility, the amount of the credit may 
be reduced to the amount of the current post-closure cost estimate 
following written approval by the Regional Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the amount of the letter of 
credit if the owner or operator demonstrates to the Regional 
Administrator that the amount exceeds the remaining cost of post-closure 
care.
    (9) Following a final administrative determination pursuant to 
section 3008 of RCRA that the owner or operator has failed to perform 
post-closure care in accordance with the approved post-closure plan and 
other permit requirements, the Regional Administrator may draw on the 
letter of credit.
    (10) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this section and obtain written 
approval of such assurance from the Regional Administrator.
    (11) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.145(i).
    (e) Post-closure insurance. (1) An owner or operator may satisfy the 
requirements of this section by obtaining post-closure insurance which 
conforms to the requirements of this paragraph and submitting a 
certificate of such insurance to the Regional Administrator. An owner or 
operator of a new facility must submit the certificate of insurance to 
the Regional Administrator at least 60 days before the date on which 
hazardous waste is first received for disposal. The insurance must be 
effective before this initial receipt of hazardous waste. At a minimum, 
the insurer must be licensed to transact the business of insurance, or 
eligible to provide insurance as an excess or surplus lines insurer, in 
one or more States.
    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 264.151(e).
    (3) The post-closure insurance policy must be issued for a face 
amount at least equal to the current post-closure cost estimate, except 
as provided in Sec. 264.145(g). The term ``face amount'' means the 
total amount the insurer is obligated to pay under the policy. Actual 
payments by the insurer will not change the face amount, although the 
insurer's future liability will be lowered by the amount of the 
payments.
    (4) The post-closure insurance policy must guarantee that funds will 
be available to provide post-closure care

[[Page 411]]

of the facility whenever the post-closure period begins. The policy must 
also guarantee that once post-closure care begins, the insurer will be 
responsible for paying out funds, up to an amount equal to the face 
amount of the policy, upon the direction of the Regional Administrator, 
to such party or parties as the Regional Administrator specifies.
    (5) An owner or operator or any other person authorized to conduct 
post-closure care may request reimbursements for post-closure care 
expenditures by submitting itemized bills to the Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the insurer to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure care expenditures are in accordance with the approved post-
closure plan or otherwise justified. If the Regional Administrator does 
not instruct the insurer to make such reimbursements, he will provide 
the owner or operator with a detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (e)(11) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:
    (i) The Regional Administrator deems the facility abandoned; or
    (ii) The permit is terminated or revoked or a new permit is denied; 
or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current post-closure cost estimate increases to an 
amount greater than the face amount of the policy during the operating 
life of the facility, the owner or operator, within 60 days after the 
increase, must either cause the face amount to be increased to an amount 
at least equal to the current post-closure cost estimate and submit 
evidence of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current post-closure cost estimate decreases during the 
operating life of the facility, the face amount may be reduced to the 
amount of the current post-closure cost estimate following written 
approval by the Regional Administrator.
    (10) Commencing on the date that liability to make payments pursuant 
to the policy accrues, the insurer will thereafter annually increase the 
face amount of the policy. Such increase

[[Page 412]]

must be equivalent to the face amount of the policy, less any payments 
made, multiplied by an amount equivalent to 85 percent of the most 
recent investment rate or of the equivalent coupon-issue yield announced 
by the U.S. Treasury for 26-week Treasury securities.
    (11) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.145(i).
    (f) Financial test and corporate guarantee for post-closure care. 
(1) An owner or operator may satisfy the requirements of this section by 
demonstrating that he passes a financial test as specified in this 
paragraph. To pass this test the owner or operator must meet the 
criteria of either paragraph (f)(1)(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: a ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current closure and post-closure cost estimates and 
the current plugging and abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets in the United States amounting to at least 90 percent of 
his total assets or at least six times the sum of the current closure 
and post-closure cost estimates and the current plugging and abandonment 
cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of his total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates.
    (2) The phrase ``current closure and post-closure cost estimates'' 
as used in paragraph (f)(1) of this section refers to the cost estimates 
required to be shown in paragraphs 1-4 of the letter from the owner's or 
operator's chief financial officer (Sec. 264.151(f)). The phrase 
``current plugging and abandonment cost estimates'' as used in paragraph 
(f)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 144.70(f) of this title).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(f); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and
    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator at least 60

[[Page 413]]

days before the date on which hazardous waste is first received for 
disposal.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (f)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (f)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (f)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this section 
within 30 days after notification of the disallowance.
    (9) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the current post-closure cost 
estimate for which this test demonstrates financial assurance if the 
owner or operator demonstrates to the Regional Administrator that the 
amount of the cost estimate exceeds the remaining cost of post-closure 
care.
    (10) The owner or operator is no longer required to submit the items 
specified in paragraph (f)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 264.145(i).
    (11) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (f)(1) through (9) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
264.151(h). A certified copy of the guarantee must accompany the items 
sent to the Regional Administrator as specified in paragraph (f)(3) of 
this section. One of these items must be the letter from the guarantor's 
chief financial officer. If the guarantor's parent corporation is also 
the parent corporation of the owner or operator, the letter must 
describe the value received in consideration of the guarantee. If the 
guarantor is a firm with a ``substantial business relationship'' with 
the owner or operator, this letter must describe this ``substantial 
business relationship'' and the value received in consideration of the 
guarantee. The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform post-closure care of a 
facility

[[Page 414]]

covered by the corporate guarantee in accordance with the post-closure 
plan and other permit requirements whenever required to do so, the 
guarantor will do so or establish a trust fund as specified in Sec. 
264.145(a) in the name of the owner or operator.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternate financial 
assurance in the name of the owner or operator.
    (g) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds guaranteeing payment into a trust fund, letters of 
credit, and insurance. The mechanisms must be as specified in paragraphs 
(a), (b), (d), and (e), respectively, of this section, except that it is 
the combination of mechanisms, rather than the single mechanism, which 
must provide financial assurance for an amount at least equal to the 
current post-closure cost estimate. If an owner or operator uses a trust 
fund in combination with a surety bond or a letter of credit, he may use 
the trust fund as the standby trust fund for the other mechanisms. A 
single standby trust fund may be established for two or more mechanisms. 
The Regional Administrator may use any or all of the mechanisms to 
provide for post-closure care of the facility.
    (h) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number, name, address, and the amount of funds for post-
closure care assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for post-closure care of any of the facilities covered by the mechanism, 
the Regional Administrator may direct only the amount of funds 
designated for that facility, unless the owner or operator agrees to the 
use of additional funds available under the mechanism.
    (i) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that the post-closure 
care period has been completed for a hazardous waste disposal unit in 
accordance with the approved plan, the Regional Administrator will 
notify the owner or operator that he is no longer required to maintain 
financial assurance for post-closure of that unit, unless the Regional 
Administrator has reason to believe that post-closure care has not been 
in accordance with the approved post-closure plan. The Regional 
Administrator shall provide the owner or operator a detailed written 
statement of any such reason to believe that post-closure care has not 
been in accordance with the approved post-closure plan.

[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16449, May 2, 1986; 57 
FR 42836, Sept. 16, 1992; 71 FR 16905, Apr. 4, 2006; 71 FR 40272, July 
14, 2006]

[[Page 415]]



Sec. 264.146  Use of a mechanism for financial assurance of both closure and 

post-closure care.

    An owner or operator may satisfy the requirements for financial 
assurance for both closure and post-closure care for one or more 
facilities by using a trust fund, surety bond, letter of credit, 
insurance, financial test, or corporate guarantee that meets the 
specifications for the mechanism in both Sec. Sec. 264.143 and 264.145. 
The amount of funds available through the mechanism must be no less than 
the sum of funds that would be available if a separate mechanism had 
been established and maintained for financial assurance of closure and 
of post-closure care.



Sec. 264.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous waste treatment, storage, or disposal facility, or a 
group of such facilities, must demonstrate financial responsibility for 
bodily injury and property damage to third parties caused by sudden 
accidental occurrences arising from operations of the facility or group 
of facilities. The owner or operator must have and maintain liability 
coverage for sudden accidental occurrences in the amount of at least $1 
million per occurrence with an annual aggregate of at least $2 million, 
exclusive of legal defense costs. This liability coverage may be 
demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or 
(6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Waste Facility Liability Endorsement or evidenced by a 
Certificate of Liability Insurance. The wording of the endorsement must 
be identical to the wording specified in Sec. 264.151(i). The wording 
of the certificate of insurance must be identical to the wording 
specified in Sec. 264.151(j). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrators if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy. An owner or operator of a 
new facility must submit the signed duplicate original of the Hazardous 
Waste Facility Liability Endorsement or the Certificate of Liability 
Insurance to the Regional Administrator at least 60 days before the date 
on which hazardous waste is first received for treatment, storage, or 
disposal. The insurance must be effective before this initial receipt of 
hazardous waste.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use

[[Page 416]]

of a combination of financial assurances under this paragraph, the owner 
or operator shall specify at least one such assurance as ``primary'' 
coverage and shall specify other assurance as ``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous waste treatment, storage, or disposal 
facility is entered between the owner or operator and third-party 
claimant for liability coverage under paragraphs (a)(1) through (a)(6) 
of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous waste treatment, 
storage, or disposal facility is issued against the owner or operator or 
an instrument that is providing financial assurance for liability 
coverage under paragraphs (a)(1) through (a)(6) of this section.
    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a surface impoundment, landfill, land treatment facility, or 
disposal miscellaneous unit that is used to manage hazardous waste, or a 
group of such facilities, must demonstrate financial responsibility for 
bodily injury and property damage to third parties caused by nonsudden 
accidental occurrences arising from operations of the facility or group 
of facilities. The owner or operator must have and maintain liability 
coverage for nonsudden accidental occurrences in the amount of at least 
$3 million per occurrence with an annual aggregate of at least $6 
million, exclusive of legal defense costs. An owner or operator who must 
meet the requirements of this section may combine the required per-
occurrence coverage levels for sudden and nonsudden accidental 
occurrences into a single per-occurrence level, and combine the required 
annual aggregate coverage levels for sudden and nonsudden accidental 
occurrences into a single annual aggregate level. Owners or operators 
who combine coverage levels for sudden and nonsudden accidental 
occurrences must maintain liability coverage in the amount of at least 
$4 million per occurrence and $8 million annual aggregate. This 
liability coverage may be demonstrated as specified in paragraphs (b) 
(1), (2), (3), (4), (5), or (6), of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Waste Facility Liability Endorsement or evidenced by a 
Certificate of Liability Insurance. The wording of the endorsement must 
be identical to the wording specified in Sec. 264.151(i). The wording 
of the certificate of insurance must be identical to the wording 
specified in Sec. 264.151(j). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrators if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy. An owner or operator of a 
new facility must submit the signed duplicate original of the Hazardous 
Waste Facility Liability Endorsement or the Certificate of Liability 
Insurance to the Regional Administrator at least 60 days before the date 
on which hazardous waste is first received for treatment, storage, or 
disposal. The insurance must be effective before this initial receipt of 
hazardous waste.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as

[[Page 417]]

specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amount required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A Claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (b)(1) through (b)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous waste treatment, storage, or disposal 
facility is entered between the owner or operator and third-party 
claimant for liability coverage under paragraphs (b)(1) through (b)(6) 
of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous waste treatment, 
storage, or disposal facility is issued against the owner or operator or 
an instrument that is providing financial assurance for liability 
coverage under paragraphs (b)(1) through (b)(6) of this section.
    (c) Request for variance. If an owner or operator can demonstrate to 
the satisfaction of the Regional Administrator that the levels of 
financial responsibility required by paragraph (a) or (b) of this 
section are not consistent with the degree and duration of risk 
associated with treatment, storage, or disposal at the facility or group 
of facilities, the owner or operator may obtain a variance from the 
Regional Administrator. The request for a variance must be submitted to 
the Regional Administrator as part of the application under Sec. 270.14 
of this chapter for a facility that does not have a permit, or pursuant 
to the procedures for permit modification under Sec. 124.5 of this 
chapter for a facility that has a permit. If granted, the variance will 
take the form of an adjusted level of required liability coverage, such 
level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section. Any 
request for a variance for a permitted facility will be treated as a 
request for a permit modification under Sec. Sec. 270.41(a)(5) and 
124.5 of this chapter.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator determines that the levels of financial responsibility 
required by paragraph (a) or (b) of this section are not consistent with 
the degree and duration of risk associated with treatment, storage, or 
disposal at the facility or group of facilities, the Regional 
Administrator may adjust the level of financial

[[Page 418]]

responsibility required under paragraph (a) or (b) of this section as 
may be necessary to protect human health and the environment. This 
adjusted level will be based on the Regional Administrator's assessment 
of the degree and duration of risk associated with the ownership or 
operation of the facility or group of facilities. In addition, if the 
Regional Administrator determines that there is a significant risk to 
human health and the environment from nonsudden accidental occurrences 
resulting from the operations of a facility that is not a surface 
impoundment, landfill, or land treatment facility, he may require that 
an owner or operator of the facility comply with paragraph (b) of this 
section. An owner or operator must furnish to the Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage. Any adjustment of the 
level or type of coverage for a facility that has a permit will be 
treated as a permit modification under Sec. Sec. 270.41(a)(5) and 124.5 
of this chapter.
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and a qualified Professional 
Engineer that final closure has been completed in accordance with the 
approved closure plan, the Regional Administrator will notify the owner 
or operator in writing that he is no longer required by this section to 
maintain liability coverage for that facility, unless the Regional 
Administrator has reason to believe that closure has not been in 
accordance with the approved closure plan.
    (f) Financial test for liability coverage. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of paragraph (f)(1)(i) 
or (ii):
    (i) The owner or operator must have:
    (A) Net working capital and tangible net worth each at least six 
times the amount of liability coverage to be demonstrated by this test; 
and
    (B) Tangible net worth of at least $10 million; and
    (C) Assets in the United States amounting to either: (1) At least 90 
percent of his total assets; or (2) at least six times the amount of 
liability coverage to be demonstrated by this test.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth of at least $10 million; and
    (C) Tangible net worth at least six times the amount of liability 
coverage to be demonstrated by this test; and
    (D) Assets in the United States amounting to either: (1) At least 90 
percent of his total assets; or (2) at least six times the amount of 
liability coverage to be demonstrated by this test.
    (2) The phrase ``amount of liability coverage'' as used in paragraph 
(f)(1) of this section refers to the annual aggregate amounts for which 
coverage is required under paragraphs (a) and (b) of this section.
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(g). If an owner or 
operator is using the financial test to demonstrate both assurance for 
closure or post-closure care, as specified by Sec. Sec. 264.143(f), 
264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must 
submit the letter specified in Sec. 264.151(g) to cover both forms of 
financial responsibility; a separate letter as specified in Sec. 
264.151(f) is not required.
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year.
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and

[[Page 419]]

    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) An owner or operator of a new facility must submit the items 
specified in paragraph (f)(3) of this section to the Regional 
Administrator at least 60 days before the date on which hazardous waste 
is first received for treatment, storage, or disposal.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must obtain insurance, a letter of 
credit, a surety bond, a trust fund, or a guarantee for the entire 
amount of required liability coverage as specified in this section. 
Evidence of liability coverage must be submitted to the Regional 
Administrator within 90 days after the end of the fiscal year for which 
the year-end financial data show that the owner or operator no longer 
meets the test requirements.
    (7) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide evidence of insurance for the entire amount of required 
liability coverage as specified in this section within 30 days after 
notification of disallowance.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(6) of this section. The 
wording of the guarantee must be identical to the wording specified in 
Sec. 264.151(h)(2) of this part. A certified copy of the guarantee must 
accompany the items sent to the Regional Administrator as specified in 
paragraph (f)(3) of this section. One of these items must be the letter 
from the guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, 
this letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden or nonsudden accidental occurrences (or both as 
the case may be), arising from the operation of facilities covered by 
this corporate guarantee, or fails to pay an amount agreed to in 
settlement of claims arising from or alleged to arise from such injury 
or damage, the guarantor will do so up to the limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of (A) 
the State in which the guarantor is incorporated, and (B) each State in 
which a facility covered by the guarantee is located have submitted a 
written statement to EPA that a guarantee executed as described in this 
section and Sec. 264.151(h)(2) is a legally valid and enforceable 
obligation in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if (A)

[[Page 420]]

the non-U.S. corporation has identified a registered agent for service 
of process in each State in which a facility covered by the guarantee is 
located and in the State in which it has its principal place of 
business, and (B) the Attorney General or Insurance Commissioner of each 
State in which a facility covered by the guarantee is located and the 
State in which the guarantor corporation has its principal place of 
business, has submitted a written statement to EPA that a guarantee 
executed as described in this section and Sec. 264.151(h)(2) is a 
legally valid and enforceable obligation in that State.
    (h) Letter of credit for liability coverage. (1) An owner or 
operator may satisfy the requirements of this section by obtaining an 
irrevocable standby letter of credit that conforms to the requirements 
of this paragraph and submitting a copy of the letter of credit to the 
Regional Administrator.
    (2) The financial institution issuing the letter of credit must be 
an entity that has the authority to issue letters of credit and whose 
letter of credit operations are regulated and examined by a Federal or 
State agency.
    (3) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(k) of this part.
    (4) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section may also establish a standby trust fund. 
Under the terms of such a letter of credit, all amounts paid pursuant to 
a draft by the trustee of the standby trust will be deposited by the 
issuing institution into the standby trust in accordance with 
instructions from the trustee. The trustee of the standby trust fund 
must be an entity which has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal or State 
agency.
    (5) The wording of the standby trust fund must be identical to the 
wording specified in Sec. 264.151(n).
    (i) Surety bond for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by obtaining a surety bond that 
conforms to the requirements of this paragraph and submitting a copy of 
the bond to the Regional Administrator.
    (2) The surety company issuing the bond must be among those listed 
as acceptable sureties on Federal bonds in the most recent Circular 570 
of the U.S. Department of the Treasury.
    (3) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(l) of this part.
    (4) A surety bond may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of (i) 
the State in which the surety is incorporated, and (ii) each State in 
which a facility covered by the surety bond is located have submitted a 
written statement to EPA that a surety bond executed as described in 
this section and Sec. 264.151(l) of this part is a legally valid and 
enforceable obligation in that State.
    (j) Trust fund for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by establishing a trust fund 
that conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator.
    (2) The trustee must be an entity which has the authority to act as 
a trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (3) The trust fund for liability coverage must be funded for the 
full amount of the liability coverage to be provided by the trust fund 
before it may be relied upon to satisfy the requirements of this 
section. If at any time after the trust fund is created the amount of 
funds in the trust fund is reduced below the full amount of the 
liability coverage to be provided, the owner or operator, by the 
anniversary date of the establishment of the fund, must either add 
sufficient funds to the trust fund to cause its value to equal the full 
amount of liability coverage to be provided, or obtain other financial 
assurance as specified in this section to cover the difference. For 
purposes of this paragraph, ``the full amount of the liability coverage 
to be provided'' means the amount of coverage for sudden and/or 
nonsudden occurrences required to be provided by the owner or operator 
by this section, less the amount of financial assurance for liability 
coverage that is being provided

[[Page 421]]

by other financial assurance mechanisms being used to demonstrate 
financial assurance by the owner or operator.
    (4) The wording of the trust fund must be identical to the wording 
specified in Sec. 264.151(m) of this part.
    (k) Notwithstanding any other provision of this part, an owner or 
operator using liability insurance to satisfy the requirements of this 
section may use, until October 16, 1982, a Hazardous Waste Facility 
Liability Endorsement or Certificate of Liability Insurance that does 
not certify that the insurer is licensed to transact the business of 
insurance, or eligible as an excess or surplus lines insurer, in one or 
more States.

[47 FR 16554, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 
FR 30447, July 13, 1982; 48 FR 30115, June 30, 1983; 51 FR 16450, May 2, 
1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 52 FR 
46964, Dec. 10, 1987; 53 FR 33950, Sept. 1, 1988; 56 FR 30200, July 1, 
1991; 57 FR 42836, Sept. 16, 1992; 71 FR 16905, Apr. 4, 2006; 71 FR 
40272, July 14, 2006]



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

institutions.

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in Sec. Sec. 
264.143(f) and 264.145(f) must make such a notification if he is named 
as debtor, as required under the terms of the corporate guarantee (Sec. 
264.151(h)).
    (b) An owner or operator who fulfills the requirements of Sec. 
264.143, Sec. 264.145, or Sec. 264.147 by obtaining a trust fund, 
surety bond, letter of credit, or insurance policy will be deemed to be 
without the required financial assurance or liability coverage in the 
event of bankruptcy of the trustee or issuing institution, or a 
suspension or revocation of the authority of the trustee institution to 
act as trustee or of the institution issuing the surety bond, letter of 
credit, or insurance policy to issue such instruments. The owner or 
operator must establish other financial assurance or liability coverage 
within 60 days after such an event.



Sec. 264.149  Use of State-required mechanisms.

    (a) For a facility located in a State where EPA is administering the 
requirements of this subpart but where the State has hazardous waste 
regulations that include requirements for financial assurance of closure 
or post-closure care or liability coverage, an owner or operator may use 
State-required financial mechanisms to meet the requirements of Sec. 
264.143, Sec. 264.145, or Sec. 264.147, if the Regional Administrator 
determines that the State mechanisms are at least equivalent to the 
financial mechanism specified in this subpart. The Regional 
Administrator will evaluate the equivalency of the mechanisms 
principally in terms of (1) certainty of the availability of funds for 
the required closure or post-closure care activities or liability 
coverage and (2) the amount of funds that will be made available. The 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator evidence of the establishment of the mechanism together 
with a letter requesting that the State-required mechanism be considered 
acceptable for meeting the requirements of this subpart. The submission 
must include the following information: The facility's EPA 
Identification Number, name, and address, and the amount of funds for 
closure or post-closure care or liability coverage assured by the 
mechanism. The Regional Administrator will notify the owner or operator 
of his determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 264.143, Sec. 264.145, or 
Sec. 264.147, as applicable.
    (b) If a State-required mechanism is found acceptable as specified 
in paragraph (a) of this section except for the amount of funds 
available, the owner

[[Page 422]]

or operator may satisfy the requirements of this subpart by increasing 
the funds available through the State-required mechanism or using 
additional financial mechanisms as specified in this subpart. The amount 
of funds available through the State and Federal mechanisms must at 
least equal the amount required by this subpart.



Sec. 264.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure, post-closure care, or liability 
requirements of this part or assures that funds will be available from 
State sources to cover those requirements, the owner or operator will be 
in compliance with the requirements of Sec. 264.143, Sec. 264.145, or 
Sec. 264.147 if the Regional Administrator determines that the State's 
assumption of responsibility is at least equivalent to the financial 
mechanisms specified in this subpart. The Regional Administrator will 
evaluate the equivalency of State guarantees principally in terms of (1) 
certainty of the availability of funds for the required closure or post-
closure care activities or liability coverage and (2) the amount of 
funds that will be made available. The Regional Administrator may also 
consider other factors as he deems appropriate. The owner or operator 
must submit to the Regional Administrator a letter from the State 
describing the nature of the State's assumption of responsibility 
together with a letter from the owner or operator requesting that the 
State's assumption of responsibility be considered acceptable for 
meeting the requirements of this subpart. The letter from the State must 
include, or have attached to it, the following information: the 
facility's EPA Identification Number, name, and address, and the amount 
of funds for closure or post-closure care or liability coverage that are 
guaranteed by the State. The Regional Administrator will notify the 
owner or operator of his determination regarding the acceptability of 
the State's guarantee in lieu of financial mechanisms specified in this 
subpart. The Regional Administrator may require the owner or operator to 
submit additional information as is deemed necessary to make this 
determination. Pending this determination, the owner or operator will be 
deemed to be in compliance with the requirements of Sec. 264.143, Sec. 
264.145, or Sec. 264.147, as applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



Sec. 264.151  Wording of the instruments.

    (a)(1) A trust agreement for a trust fund, as specified in Sec. 
264.143(a) or Sec. 264.145(a) or Sec. 265.143(a) or Sec. 265.145(a) 
of this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``incorporated in the State of ------------'' or ``a national 
bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a hazardous waste management facility shall provide 
assurance that funds will be available when needed for closure and/or 
post-closure care of the facility,
    Whereas, the Grantor has elected to establish a trust to provide all 
or part of such financial assurance for the facilities identified 
herein,
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee,
    Now, Therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.

[[Page 423]]

    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities and Cost Estimates. This 
Agreement pertains to the facilities and cost estimates identified on 
attached Schedule A [on Schedule A, for each facility list the EPA 
Identification Number, name, address, and the current closure and/or 
post-closure cost estimates, or portions thereof, for which financial 
assurance is demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, the ``Fund,'' for the benefit of EPA. The 
Grantor and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially as 
consisting of the property, which is acceptable to the Trustee, 
described in Schedule B attached hereto. Such property and any other 
property subsequently transferred to the Trustee is referred to as the 
Fund, together with all earnings and profits thereon, less any payments 
or distributions made by the Trustee pursuant to this Agreement. The 
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. 
The Trustee shall not be responsible nor shall it undertake any 
responsibility for the amount or adequacy of, nor any duty to collect 
from the Grantor, any payments necessary to discharge any liabilities of 
the Grantor established by EPA.
    Section 4. Payment for Closure and Post-Closure Care. The Trustee 
shall make payments from the Fund as the EPA Regional Administrator 
shall direct, in writing, to provide for the payment of the costs of 
closure and/or post-closure care of the facilities covered by this 
Agreement. The Trustee shall reimburse the Grantor or other persons as 
specified by the EPA Regional Administrator from the Fund for closure 
and post-closure expenditures in such amounts as the EPA Regional 
Administrator shall direct in writing. In addition, the Trustee shall 
refund to the Grantor such amounts as the EPA Regional Administrator 
specifies in writing. Upon refund, such funds shall no longer constitute 
part of the Fund as defined herein.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income of the Fund and keep the Fund invested as a 
single fund, without distinction between principal and income, in 
accordance with general investment policies and guidelines which the 
Grantor may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In investing, 
reinvesting, exchanging, selling, and managing the Fund, the Trustee 
shall discharge his duties with respect to the trust fund solely in the 
interest of the beneficiary and with the care, skill, prudence, and 
diligence under the circumstances then prevailing which persons of 
prudence, acting in a like capacity and familiar with such matters, 
would use in the conduct of an enterprise of a like character and with 
like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer

[[Page 424]]

form or in book entry, or to combine certificates representing such 
securities with certificates of the same issue held by the Trustee in 
other fiduciary capacities, or to deposit or arrange for the deposit of 
such securities in a qualified central depositary even though, when so 
deposited, such securities may be merged and held in bulk in the name of 
the nominee of such depositary with other securities deposited therein 
by another person, or to deposit or arrange for the deposit of any 
securities issued by the United States Government, or any agency or 
instrumentality thereof, with a Federal Reserve bank, but the books and 
records of the Trustee shall at all times show that all such securities 
are part of the Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuation. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
Section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendment to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to 
act in the absence of such orders, requests, and instructions from the 
Grantor and/or EPA, except as provided for herein.
    Section 15. Notice of Nonpayment. The Trustee shall notify the 
Grantor and the appropriate EPA Regional Administrator, by certified 
mail within 10 days following the expiration of the 30-day period after 
the anniversary of the establishment of the Trust, if no payment is 
received from the Grantor during that period. After the pay-in period is 
completed, the Trustee shall not be required to send a notice of 
nonpayment.

[[Page 425]]

    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    Section 18. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [insert 
name of State].
    Section 20. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written: The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 264.151(a)(1) 
as such regulations were constituted on the date first above written.
 [Signature of Grantor]
 [Title]
Attest:
 [Title]
 [Seal]
 [Signature of Trustee]
Attest:
 [Title]
 [Seal]

    (2) The following is an example of the certification of 
acknowledgment which must accompany the trust agreement for a trust fund 
as specified in Sec. Sec. 264.143(a) and 264.145(a) or Sec. Sec. 
265.143(a) or 265.145(a) of this chapter. State requirements may differ 
on the proper content of this acknowledgment.

State of________________________________________________________________
County of_______________________________________________________________
    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.

 [Signature of Notary Public]

    (b) A surety bond guaranteeing payment into a trust fund, as 
specified in Sec. 264.143(b) or Sec. 264.145(b) or Sec. 265.143(b) or 
Sec. 265.145(b) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                        Financial Guarantee Bond

Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
State of incorporation:_________________________________________________
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and closure and/or post-closure 
amount(s) for each facility guaranteed by this bond [indicate closure 
and post-closure
 amounts separately]:___________________________________________________
Total penal sum of
bond: $_________________________________________________________________
Surety's bond number:___________________________________________________
    Know All Persons By These Presents, That we, the Principal and 
Surety(ies) hereto are firmly bound to the U.S. Environmental Protection 
Agency (hereinafter called EPA), in the above penal sum for the payment 
of which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, where the 
Surety(ies) are corporations acting as co-sureties, we, the Sureties, 
bind ourselves in such sum ``jointly and severally'' only for

[[Page 426]]

the purpose of allowing a joint action or actions against any or all of 
us, and for all other purposes each Surety binds itself, jointly and 
severally with the Principal, for the payment of such sum only as is set 
forth opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the penal 
sum.
    Whereas said Principal is required, under the Resource Conservation 
and Recovery Act as amended (RCRA), to have a permit or interim status 
in order to own or operate each hazardous waste management facility 
identified above, and
    Whereas said Principal is required to provide financial assurance 
for closure, or closure and post-closure care, as a condition of the 
permit or interim status, and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, Therefore, the conditions of the obligation are such that if 
the Principal shall faithfully, before the beginning of final closure of 
each facility identified above, fund the standby trust fund in the 
amount(s) identified above for the facility,
    Or, if the Principal shall fund the standby trust fund in such 
amount(s) within 15 days after a final order to begin closure is issued 
by an EPA Regional Administrator or a U.S. district court or other court 
of competent jurisdiction,
    Or, if the Principal shall provide alternate financial assurance, as 
specified in subpart H of 40 CFR part 264 or 265, as applicable, and 
obtain the EPA Regional Administrator's written approval of such 
assurance, within 90 days after the date notice of cancellation is 
received by both the Principal and the EPA Regional Administrator(s) 
from the Surety(ies), then this obligation shall be null and void; 
otherwise it is to remain in full force and effect.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above. 
Upon notification by an EPA Regional Administrator that the Principal 
has failed to perform as guaranteed by this bond, the Surety(ies) shall 
place funds in the amount guaranteed for the facility(ies) into the 
standby trust fund as directed by the EPA Regional Administrator.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond, but in no event shall the obligation of the Surety(ies) 
hereunder exceed the amount of said penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and to the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is (are) 
located, provided, however, that cancellation shall not occur during the 
120 days beginning on the date of receipt of the notice of cancellation 
by both the Principal and the EPA Regional Administrator(s), as 
evidenced by the return receipts.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies), provided, however, that no such notice shall become 
effective until the Surety(ies) receive(s) written authorization for 
termination of the bond by the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [The following paragraph is an optional rider that may be included 
but is not required.]
    Principal and Surety(ies) hereby agree to adjust the penal sum of 
the bond yearly so that it guarantees a new closure and/or post-closure 
amount, provided that the penal sum does not increase by more than 20 
percent in any one year, and no decrease in the penal sum takes place 
without the written permission of the EPA Regional Administrator(s).
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Financial Guarantee Bond and have affixed their seals on the date set 
forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 264.151(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]__________________________________________________________

[Name(s)]_______________________________________________________________

[Title(s)]______________________________________________________________

[Corporate seal]________________________________________________________

                          Corporate Surety(ies)

[Name and address]
State of incorporation:_________________________________________________

Liability limit: $______________________________________________________

[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
Bond premium: $_________________________________________________________

    (c) A surety bond guaranteeing performance of closure and/or post-
closure care, as specified in Sec. 264.143(c) or Sec. 264.145(c), must 
be worded as follows, except that the instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

[[Page 427]]

                            Performance Bond

Date bond executed:_____________________________________________________

Effective date:_________________________________________________________

Principal: [legal name and business address of owner or operator]

Type of organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
State of incorporation:_________________________________________________

Surety(ies): [name(s) and business address(es)]_________________________

EPA Identification Number, name, address, and closure and/or post-
closure amount(s) for each facility guaranteed by this bond [indicate 
closure and post-closure amounts separately]: ------------------
Total penal sum of bond: $______________________________________________
Surety's bond number:___________________________________________________
    Know All Persons By These Presents, That we, the Principal and 
Surety(ies) hereto are firmly bound to the U.S. Environmental Protection 
Agency (hereinafter called EPA), in the above penal sum for the payment 
of which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, where the 
Surety(ies) are corporations acting as co-sureties, we, the Sureties, 
bind ourselves in such sum ``jointly and severally'' only for the 
purpose of allowing a joint action or actions against any or all of us, 
and for all other purposes each Surety binds itself, jointly and 
severally with the Principal, for the payment of such sum only as is set 
forth opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the penal 
sum.
    Whereas said Principal is required, under the Resource Conservation 
and Recovery Act as amended (RCRA), to have a permit in order to own or 
operate each hazardous waste management facility identified above, and
    Whereas said Principal is required to provide financial assurance 
for closure, or closure and post-closure care, as a condition of the 
permit, and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, Therefore, the conditions of this obligation are such that if 
the Principal shall faithfully perform closure, whenever required to do 
so, of each facility for which this bond guarantees closure, in 
accordance with the closure plan and other requirements of the permit as 
such plan and permit may be amended, pursuant to all applicable laws, 
statutes, rules, and regulations, as such laws, statutes, rules, and 
regulations may be amended,
    And, if the Principal shall faithfully perform post-closure care of 
each facility for which this bond guarantees post-closure care, in 
accordance with the post-closure plan and other requirements of the 
permit, as such plan and permit may be amended, pursuant to all 
applicable laws, statutes, rules, and regulations, as such laws, 
statutes, rules, and regulations may be amended,
    Or, if the Principal shall provide alternate financial assurance as 
specified in subpart H of 40 CFR part 264, and obtain the EPA Regional 
Administrator's written approval of such assurance, within 90 days after 
the date notice of cancellation is received by both the Principal and 
the EPA Regional Admin istrator(s) from the Surety(ies), then this 
obligation shall be null and void, otherwise it is to remain in full 
force and effect.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above.
    Upon notification by an EPA Regional Administrator that the 
Principal has been found in violation of the closure requirements of 40 
CFR part 264, for a facility for which this bond guarantees performance 
of closure, the Surety(ies) shall either perform closure in accordance 
with the closure plan and other permit requirements or place the closure 
amount guaranteed for the facility into the standby trust fund as 
directed by the EPA Regional Administrator.
    Upon notification by an EPA Regional Administrator that the 
Principal has been found in violation of the post-closure requirements 
of 40 CFR part 264 for a facility for which this bond guarantees 
performance of post-closure care, the Surety(ies) shall either perform 
post-closure care in accordance with the post-closure plan and other 
permit requirements or place the post-closure amount guaranteed for the 
facility into the standby trust fund as directed by the EPA Regional 
Administrator.
    Upon notification by an EPA Regional Administrator that the 
Principal has failed to provide alternate financial assurance as 
specified in subpart H of 40 CFR part 264, and obtain written approval 
of such assurance from the EPA Regional Administrator(s) during the 90 
days following receipt by both the Principal and the EPA Regional 
Administrator(s) of a notice of cancellation of the bond, the 
Surety(ies) shall place funds in the amount guaranteed for the 
facility(ies) into the standby trust fund as directed by the EPA 
Regional Administrator.
    The surety(ies) hereby waive(s) notification of amendments to 
closure plans, permits, applicable laws, statutes, rules, and 
regulations and agrees that no such amendment shall in any way alleviate 
its (their) obligation on this bond.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the

[[Page 428]]

aggregate to the penal sum of the bond, but in no event shall the 
obligation of the Surety(ies) hereunder exceed the amount of said penal 
sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the owner or operator and to the EPA 
Regional Administrator(s) for the Region(s) in which the facility(ies) 
is (are) located, provided, however, that cancellation shall not occur 
during the 120 days beginning on the date of receipt of the notice of 
cancellation by both the Principal and the EPA Regional 
Administrator(s), as evidenced by the return receipts.
    The principal may terminate this bond by sending written notice to 
the Surety(ies), provided, however, that no such notice shall become 
effective until the Surety(ies) receive(s) written authorization for 
termination of the bond by the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [The following paragraph is an optional rider that may be included 
but is not required.]
    Principal and Surety(ies) hereby agree to adjust the penal sum of 
the bond yearly so that it guarantees a new closure and/or post-closure 
amount, provided that the penal sum does not increase by more than 20 
percent in any one year, and no decrease in the penal sum takes place 
without the written permission of the EPA Regional Administrator(s).
    In Witness Whereof, The Principal and Surety(ies) have executed this 
Performance Bond and have affixed their seals on the date set forth 
above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 264.151(c) as such regulation was 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]

[Name(s)]

[Title(s)]

[Corporate seal]

                          Corporate Surety(ies)

[Name and address]

State of incorporation:_________________________________________________

Liability limit: $______________________________________________________
[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]

Bond premium: $_________________________________________________________

    (d) A letter of credit, as specified in Sec. 264.143(d) or Sec. 
264.145(d) or Sec. 265.143(c) or Sec. 265.145(c) of this chapter, must 
be worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                  Irrevocable Standby Letter of Credit

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

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ------ in your favor, at the request and for the 
account of [owner's or operator's name and address] up to the aggregate 
amount of [in words] U.S. dollars $------, available upon presentation 
[insert, if more than one Regional Administrator is a beneficiary, ``by 
any one of you''] of
    (1) your sight draft, bearing reference to this letter of credit No. 
------, and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable pursuant to regulations issued under 
authority of the Resource Conservation and Recovery Act of 1976 as 
amended.''
    This letter of credit is effective as of [date] and shall expire on 
[date at least 1 year later], but such expiration date shall be 
automatically extended for a period of [at least 1 year] on [date] and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify both you and [owner's or operator's 
name] by certified mail that we have decided not to extend this letter 
of credit beyond the current expiration date. In the event you are so 
notified, any unused portion of the credit shall be available upon 
presentation of your sight draft for 120 days after the date of receipt 
by both you and [owner's or operator's name], as shown on the signed 
return receipts.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner's or operator's name] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 264.151(d) as such regulations were 
constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] [Date]

    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].


[[Page 429]]


    (e) A certificate of insurance, as specified in Sec. 264.143(e) or 
Sec. 264.145(e) or Sec. 265.143(d) or Sec. 265.145(d) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

        Certificate of Insurance for Closure or Post-Closure Care

Name and Address of Insurer
(herein called the ``Insurer''):________________________________________
Name and Address of Insured
(herein called the ``Insured''):________________________________________
Facilities Covered: [List for each facility: The EPA Identification 
Number, name, address, and the amount of insurance for closure and/or 
the amount for post-closure care (these amounts for all facilities 
covered must total the face amount shown below).]
Face Amount:____________________________________________________________
Policy Number:__________________________________________________________
Effective Date:_________________________________________________________
    The Insurer hereby certifies that it has issued to the Insured the 
policy of insurance identified above to provide financial assurance for 
[insert ``closure'' or ``closure and post-closure care'' or ``post-
closure care''] for the facilities identified above. The Insurer further 
warrants that such policy conforms in all respects with the requirements 
of 40 CFR 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as 
applicable and as such regulations were constituted on the date shown 
immediately below. It is agreed that any provision of the policy 
inconsistent with such regulations is hereby amended to eliminate such 
inconsistency.
    Whenever requested by the EPA Regional Administrator(s) of the U.S. 
Environmental Protection Agency, the Insurer agrees to furnish to the 
EPA Regional Administrator(s) a duplicate original of the policy listed 
above, including all endorsements thereon.
    I hereby certify that the wording of this certificate is identical 
to the wording specified in 40 CFR 264.151(e) as such regulations were 
constituted on the date shown immediately below.

[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:_________________________________________
[Date]

    (f) A letter from the chief financial officer, as specified in Sec. 
264.143(f) or 264.145(f), or Sec. 265.143(e) or 265.145(e) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                   Letter From Chief Financial Officer

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

    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance for closure and/or post-closure costs, 
as specified in subpart H of 40 CFR parts 264 and 265.

[Fill out the following five paragraphs regarding facilities and 
associated cost estimates. If your firm has no facilities that belong in 
a particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number, name, address, and 
current closure and/or post-closure cost estimates. Identify each cost 
estimate as to whether it is for closure or post-closure care].

    1. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: --------.
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: --------. The firm identified 
above is [insert one or more: (1) The direct or higher-tier parent 
corporation of the owner or operator; (2) owned by the same parent 
corporation as the parent corporation of the owner or operator, and 
receiving the following value in consideration of this guarantee ------
--; or (3) engaged in the following substantial business relationship 
with the owner or operator --------, and receiving the following value 
in consideration of this guarantee --------]. [Attach a written 
description of the business relationship or a copy of the contract 
establishing such relationship to this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: --------.
    4. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure

[[Page 430]]

care, is not demonstrated either to EPA or a State through the financial 
test or any other financial assurance mechanism specified in subpart H 
of 40 CFR parts 264 and 265 or equivalent or substantially equivalent 
State mechanisms. The current closure and/or post-closure cost estimates 
not covered by such financial assurance are shown for each facility: --
------.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility: --------.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of Sec. 
264.143 or Sec. 264.145, or of paragraph (e)(1)(i) of Sec. 265.143 or 
Sec. 265.145 of this chapter are used. Fill in Alternative II if the 
criteria of paragraph (f)(1)(ii) of Sec. 264.143 or Sec. 264.145, or 
of paragraph (e)(1)(ii) of Sec. 265.143 or Sec. 265.145 of this 
chapter are used.]

                              Alternative I

    1. Sum of current closure and post-closure cost estimate [total of 
all cost estimates shown in the five paragraphs above] $--------
    *2. Total liabilities [if any portion of the closure or post-closure 
cost estimates is included in total liabilities, you may deduct the 
amount of that portion from this line and add that amount to lines 3 and 
4]$--------
    *3. Tangible net worth $--------
    *4. Net worth $--------
    *5. Current assets $--------
    *6. Current liabilities $--------
    7. Net working capital [line 5 minus line 6] $--------
    *8. The sum of net income plus depreciation, depletion, and 
amortization $--------
    *9. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $--------
    10. Is line 3 at least $10 million? (Yes/No) --------
    11. Is line 3 at least 6 times line 1? (Yes/No) --------
    12. Is line 7 at least 6 times line 1? (Yes/No) --------
    *13. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 14 (Yes/No) --------
    14. Is line 9 at least 6 times line 1? (Yes/No) --------
    15. Is line 2 divided by line 4 less than 2.0? (Yes/No) --------
    16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) --------
    17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) --------

                             Alternative II

    1. Sum of current closure and post-closure cost estimates [total of 
all cost estimates shown in the five paragraphs above] $--------
    2. Current bond rating of most recent issuance of this firm and name 
of rating service --------
    3. Date of issuance of bond --------
    4. Date of maturity of bond --------
    *5. Tangible net worth [if any portion of the closure and post-
closure cost estimates is included in ``total liabilities'' on your 
firm's financial statements, you may add the amount of that portion to 
this line] $--------
    *6. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $--------
    7. Is line 5 at least $10 million ? (Yes/No) --------
    8. Is line 5 at least 6 times line 1? (Yes/No) --------
    *9. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 10 (Yes/No) --------
    10. Is line 6 at least 6 times line 1? (Yes/No) --------
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 264.151(f) as such regulations were 
constituted on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

    (g) A letter from the chief financial officer, as specified in Sec. 
264.147(f) or Sec. 265.147(f) of this chapter, must be worded as 
follows, except that instructions in brackets are to be replaced with 
the relevant information and the brackets deleted.

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [firm's name and address]. This 
letter is in support of the use of the financial test to demonstrate 
financial responsibility for liability coverage [insert ``and closure 
and/or post-closure care'' if applicable] as specified in subpart H of 
40 CFR parts 264 and 265.
    [Fill out the following paragraphs regarding facilities and 
liability coverage. If there

[[Page 431]]

are no facilities that belong in a particular paragraph, write ``None'' 
in the space indicated. For each facility, include its EPA 
Identification Number, name, and address].
    The firm identified above is the owner or operator of the following 
facilities for which liability coverage for [insert ``sudden'' or 
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences 
is being demonstrated through the financial test specified in subpart H 
of 40 CFR parts 264 and 265:--------
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR parts 264 and 265, liability coverage 
for [insert ``sudden'' or ``nonsudden'' or ``both sudden and 
nonsudden''] accidental occurrences at the following facilities owned or 
operated by the following: --------. The firm identified above is 
[insert one or more: (1) The direct or higher-tier parent corporation of 
the owner or operator; (2) owned by the same parent corporation as the 
parent corporation of the owner or operator, and receiving the following 
value in consideration of this guarantee --------; or (3) engaged in the 
following substantial business relationship with the owner or operator 
--------, and receiving the following value in consideration of this 
guarantee --------]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    [If you are using the financial test to demonstrate coverage of both 
liability and closure and post-closure care, fill in the following five 
paragraphs regarding facilities and associated closure and post-closure 
cost estimates. If there are no facilities that belong in a particular 
paragraph, write ``None'' in the space indicated. For each facility, 
include its EPA identification number, name, address, and current 
closure and/or post-closure cost estimates. Identify each cost estimate 
as to whether it is for closure or post-closure care.]
    1. The firm identified above owns or operates the following 
facilities for which financial assurance for closure or post-closure 
care or liability coverage is demonstrated through the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimate covered by the test are shown for each 
facility: --------.
    2. The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR parts 264 and 265, the closure and 
post-closure care or liability coverage of the following facilities 
owned or operated by the guaranteed party. The current cost estimates 
for closure or post-closure care so guaranteed are shown for each 
facility: --------.
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR parts 264 and 265, this firm is 
demonstrating financial assurance for the closure or post-closure care 
of the following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H or 
40 CFR parts 264 and 265. The current closure or post-closure cost 
estimates covered by such a test are shown for each facility: --------.
    4. The firm identified above owns or operates the following 
hazardous waste management facilities for which financial assurance for 
closure or, if a disposal facility, post-closure care, is not 
demonstrated either to EPA or a State through the financial test or any 
other financial assurance mechanisms specified in subpart H of 40 CFR 
parts 264 and 265 or equivalent or substantially equivalent State 
mechanisms. The current closure and/or post-closure cost estimates not 
covered by such financial assurance are shown for each facility: ------
--.
    5. This firm is the owner or operator or guarantor of the following 
UIC facilities for which financial assurance for plugging and 
abandonment is required under part 144 and is assured through a 
financial test. The current closure cost estimates as required by 40 CFR 
144.62 are shown for each facility:--------.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

          Part A. Liability Coverage for Accidental Occurrences

    [Fill in Alternative I if the criteria of paragraph (f)(1)(i) of 
Sec. 264.147 or Sec. 265.147 are used. Fill in Alternative II if the 
criteria of paragraph (f)(1)(ii) of Sec. 264.147 or Sec. 265.147 are 
used.]

                              Alternative I

    1. Amount of annual aggregate liability coverage to be demonstrated 
$--------.
    *2. Current assets $--------.
    *3. Current liabilities $--------.
    4. Net working capital (line 2 minus line 3) $--------.
    *5. Tangible net worth $--------.
    *6. If less than 90% of assets are located in the U.S., give total 
U.S. assets $--------.
    7. Is line 5 at least $10 million? (Yes/No) --------.
    8. Is line 4 at least 6 times line 1? (Yes/No) --------.
    9. Is line 5 at least 6 times line 1? (Yes/No) --------.

[[Page 432]]

    *10. Are at least 90% of assets located in the U.S.? (Yes/No) ------
--. If not, complete line 11.
    11. Is line 6 at least 6 times line 1? (Yes/No) --------.

                             Alternative II

    1. Amount of annual aggregate liability coverage to be demonstrated 
$--------.
    2. Current bond rating of most recent issuance and name of rating 
service -------- --------.
    3. Date of issuance of bond ----------------.
    4. Date of maturity of bond ----------------.
    *5. Tangible net worth $--------.
    *6. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $--------.
    7. Is line 5 at least $10 million? (Yes/No) --------.
    8. Is line 5 at least 6 times line 1? --------.
    9. Are at least 90% of assets located in the U.S.? If not, complete 
line 10. (Yes/No) --------.
    10. Is line 6 at least 6 times line 1? --------.
    [Fill in part B if you are using the financial test to demonstrate 
assurance of both liability coverage and closure or post-closure care.]

       Part B. Closure or Post-Closure Care and Liability Coverage

    [Fill in Alternative I if the criteria of paragraphs (f)(1)(i) of 
Sec. 264.143 or Sec. 264.145 and (f)(1)(i) of Sec. 264.147 are used 
or if the criteria of paragraphs (e)(1)(i) of Sec. 265.143 or Sec. 
265.145 and (f)(1)(i) of Sec. 265.147 are used. Fill in Alternative II 
if the criteria of paragraphs (f)(1)(ii) of Sec. 264.143 or Sec. 
264.145 and (f)(1)(ii) of Sec. 264.147 are used or if the criteria of 
paragraphs (e)(1)(i) of Sec. 265.143 or Sec. 265.145 and (f)(1)(ii) of 
Sec. 265.147 are used.]

                              Alternative I

    1. Sum of current closure and post-closure cost estimates (total of 
all cost estimates listed above) $--------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$--------
    3. Sum of lines 1 and 2 $--------
    *4. Total liabilities (if any portion of your closure or post-
closure cost estimates is included in your total liabilities, you may 
deduct that portion from this line and add that amount to lines 5 and 6) 
$--------
    *5. Tangible net worth $--------
    *6. Net worth $--------
    *7. Current assets $--------
    *8. Current liabilities $--------
    9. Net working capital (line 7 minus line 8) $--------
    *10. The sum of net income plus depreciation, depletion, and 
amortization $--------
    *11. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $--------
    12. Is line 5 at least $10 million? (Yes/No)
    13. Is line 5 at least 6 times line 3? (Yes/No)
    14. Is line 9 at least 6 times line 3? (Yes/No)
    *15. Are at least 90% of assets located in the U.S.? (Yes/No) If 
not, complete line 16.
    16. Is line 11 at least 6 times line 3? (Yes/No)
    17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
    18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
    19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)

                             Alternative II

    1. Sum of current closure and post-closure cost estimates (total of 
all cost estimates listed above) $--------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$--------
    3. Sum of lines 1 and 2 $--------
    4. Current bond rating of most recent issuance and name of rating 
service -------- --------
    5. Date of issuance of bond ----------------
    6. Date of maturity of bond ----------------
    *7. Tangible net worth (if any portion of the closure or post-
closure cost estimates is included in ``total liabilities'' on your 
financial statements you may add that portion to this line) $--------
    *8. Total assets in the U.S. (required only if less than 90% of 
assets are located in the U.S.) $--------
    9. Is line 7 at least $10 million? (Yes/No)
    10. Is line 7 at least 6 times line 3? (Yes/No)
    *11. Are at least 90% of assets located in the U.S.? (Yes/No) If not 
complete line 12.
    12. Is line 8 at least 6 times line 3? (Yes/No)
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 264.151(g) as such regulations were 
constituted on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

    (h)(1) A corporate guarantee, as specified in Sec. 264.143(f) or 
Sec. 264.145(f), or Sec. 265.143(e) or Sec. 265.145(e) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

          Corporate Guarantee for Closure or Post-Closure Care

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation

[[Page 433]]

organized under the laws of the State of [insert name of State], herein 
referred to as guarantor. This guarantee is made on behalf of the [owner 
or operator] of [business address], which is [one of the following: 
``our subsidiary''; ``a subsidiary of [name and address of common parent 
corporation], of which guarantor is a subsidiary''; or ``an entity with 
which guarantor has a substantial business relationship, as defined in 
40 CFR [either 264.141(h) or 265.141(h)]'' to the United States 
Environmental Protection Agency (EPA).

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 264.143(f), 264.145(f), 265.143(e), and 265.145(e).
    2. [Owner or operator] owns or operates the following hazardous 
waste management facility(ies) covered by this guarantee: [List for each 
facility: EPA Identification Number, name, and address. Indicate for 
each whether guarantee is for closure, post-closure care, or both.]
    3. ``Closure plans'' and ``post-closure plans'' as used below refer 
to the plans maintained as required by subpart G of 40 CFR parts 264 and 
265 for the closure and post-closure care of facilities as identified 
above.
    4. For value received from [owner or operator], guarantor guarantees 
to EPA that in the event that [owner or operator] fails to perform 
[insert ``closure,'' ``post-closure care'' or ``closure and post-closure 
care''] of the above facility(ies) in accordance with the closure or 
post-closure plans and other permit or interim status requirements 
whenever required to do so, the guarantor shall do so or establish a 
trust fund as specified in subpart H of 40 CFR part 264 or 265, as 
applicable, in the name of [owner or operator] in the amount of the 
current closure or post-closure cost estimates as specified in subpart H 
of 40 CFR parts 264 and 265.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send within 90 days, by certified mail, 
notice to the EPA Regional Administrator(s) for the Region(s) in which 
the facility(ies) is(are) located and to [owner or operator] that he 
intends to provide alternate financial assurance as specified in subpart 
H of 40 CFR part 264 or 265, as applicable, in the name of [owner or 
operator]. Within 120 days after the end of such fiscal year, the 
guarantor shall establish such financial assurance unless [owner or 
operator] has done so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail, of a voluntary or involuntary proceeding under Title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding.
    7. Guarantor agrees that within 30 days after being notified by an 
EPA Regional Administrator of a determination that guarantor no longer 
meets the financial test criteria or that he is disallowed from 
continuing as a guarantor of closure or post-closure care, he shall 
establish alternate financial assurance as specified in subpart H of 40 
CFR part 264 or 265, as applicable, in the name of [owner or operator] 
unless [owner or operator] has done so.
    8. Guarantor agrees to remain bound under this guarantee 
notwithstanding any or all of the following: amendment or modification 
of the closure or post-closure plan, amendment or modification of the 
permit, the extension or reduction of the time of performance of closure 
or post-closure, or any other modification or alteration of an 
obligation of the owner or operator pursuant to 40 CFR part 264 or 265.
    9. Guarantor agrees to remain bound under this guarantee for as long 
as [owner or operator] must comply with the applicable financial 
assurance requirements of subpart H of 40 CFR parts 264 and 265 for the 
above-listed facilities, except as provided in paragraph 10 of this 
agreement.
    10. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate closure and/or post-closure care coverage 
complying with 40 CFR 264.143, 264.145, 265.143, and/or 265.145.

[Insert the following language if the guarantor is a firm qualifying as 
a guarantor due to its ``substantial business relationship'' with its 
owner or operator]

    Guarantor may terminate this guarantee 120 days following the 
receipt of notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor agrees that if [owner or operator] fails to provide 
alternate financial assurance as specified in subpart H of 40 CFR part 
264 or 265, as applicable, and obtain written approval of such assurance 
from the EPA Regional Administrator(s) within 90 days after a notice of 
cancellation by the guarantor is received by an EPA Regional 
Administrator from guarantor, guarantor

[[Page 434]]

shall provide such alternate financial assurance in the name of [owner 
or operator].
    12. Guarantor expressly waives notice of acceptance of this 
guarantee by the EPA or by [owner or operator]. Guarantor also expressly 
waives notice of amendments or modifications of the closure and/or post-
closure plan and of amendments or modifications of the facility 
permit(s).
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 264.151(h) as such regulations were 
constituted on the date first above written.

Effective date:_________________________________________________________
[Name of guarantor]_____________________________________________________

[Authorized signature for guarantor]____________________________________

[Name of person signing]________________________________________________

[Title of person signing]_______________________________________________

Signature of witness or notary:_________________________________________

    (2) A guarantee, as specified in Sec. 264.147(g) or Sec. 
265.147(g) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                    Guarantee for Liability Coverage

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of [if incorporated within 
the United States insert ``the State of --------'' and insert name of 
State; if incorporated outside the United States insert the name of the 
country in which incorporated, the principal place of business within 
the United States, and the name and address of the registered agent in 
the State of the principal place of business], herein referred to as 
guarantor. This guarantee is made on behalf of [owner or operator] of 
[business address], which is one of the following: ``our subsidiary;'' 
``a subsidiary of [name and address of common parent corporation], of 
which guarantor is a subsidiary;'' or ``an entity with which guarantor 
has a substantial business relationship, as defined in 40 CFR [either 
264.141(h) or 265.141(h)]'', to any and all third parties who have 
sustained or may sustain bodily injury or property damage caused by 
[sudden and/or nonsudden] accidental occurrences arising from operation 
of the facility(ies) covered by this guarantee.

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 264.147(g) and 265.147(g).
    2. [Owner or operator] owns or operates the following hazardous 
waste management facility(ies) covered by this guarantee: [List for each 
facility: EPA identification number, name, and address; and if guarantor 
is incorporated outside the United States list the name and address of 
the guarantor's registered agent in each State.] This corporate 
guarantee satisfies RCRA third-party liability requirements for [insert 
``sudden'' or ``nonsudden'' or ``both sudden and nonsudden''] accidental 
occurrences in above-named owner or operator facilities for coverage in 
the amount of [insert dollar amount] for each occurrence and [insert 
dollar amount] annual aggregate.
    3. For value received from [owner or operator], guarantor guarantees 
to any and all third parties who have sustained or may sustain bodily 
injury or property damage caused by [sudden and/or nonsudden] accidental 
occurrences arising from operations of the facility(ies) covered by this 
guarantee that in the event that [owner or operator] fails to satisfy a 
judgment or award based on a determination of liability for bodily 
injury or property damage to third parties caused by [sudden and/or 
nonsudden] accidental occurrences, arising from the operation of the 
above-named facilities, or fails to pay an amount agreed to in 
settlement of a claim arising from or alleged to arise from such injury 
or damage, the guarantor will satisfy such judgment(s), award(s) or 
settlement agreement(s) up to the limits of coverage identified above.
    4. Such obligation does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement. This exclusion does not apply to 
liability for damages that [insert owner or operator] would be obligated 
to pay in the absence of the contract or agreement.
    (b) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert owner or operator] arising from, and in 
the course of, employment by [insert owner or operator]; or
    (2) The spouse, child, parent, brother, or sister of that employee 
as a consequence of, or arising from, and in the course of employment by 
[insert owner or operator]. This exclusion applies:
    (A) Whether [insert owner or operator] may be liable as an employer 
or in any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:

[[Page 435]]

    (1) Any property owned, rented, or occupied by [insert owner or 
operator];
    (2) Premises that are sold, given away or abandoned by [insert owner 
or operator] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert owner or operator];
    (4) Personal property in the care, custody or control of [insert 
owner or operator];
    (5) That particular part of real property on which [insert owner or 
operator] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert owner or operator] are performing 
operations, if the property damage arises out of these operations.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send within 90 days, by certified mail, 
notice to the EPA Regional Administrator[s] for the Region[s] in which 
the facility[ies] is[are] located and to [owner or operator] that he 
intends to provide alternate liability coverage as specified in 40 CFR 
264.147 and 265.147, as applicable, in the name of [owner or operator]. 
Within 120 days after the end of such fiscal year, the guarantor shall 
establish such liability coverage unless [owner or operator] has done 
so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail of a voluntary or involuntary proceeding under title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding.
    7. Guarantor agrees that within 30 days after being notified by an 
EPA Regional Administrator of a determination that guarantor no longer 
meets the financial test criteria or that he is disallowed from 
continuing as a guarantor, he shall establish alternate liability 
coverage as specified in 40 CFR 264.147 or 265.147 in the name of [owner 
or operator], unless [owner or operator] has done so.
    8. Guarantor reserves the right to modify this agreement to take 
into account amendment or modification of the liability requirements set 
by 40 CFR 264.147 and 265.147, provided that such modification shall 
become effective only if a Regional Administrator does not disapprove 
the modification within 30 days of receipt of notification of the 
modification.
    9. Guarantor agrees to remain bound under this guarantee for so long 
as [owner or operator] must comply with the applicable requirements of 
40 CFR 264.147 and 265.147 for the above-listed facility(ies), except as 
provided in paragraph 10 of this agreement.
    10. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate liability coverage complying with 40 CFR 264.147 
and/or 265.147.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]:
    Guarantor may terminate this guarantee 120 days following receipt of 
notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor hereby expressly waives notice of acceptance of this 
guarantee by any party.
    12. Guarantor agrees that this guarantee is in addition to and does 
not affect any other responsibility or liability of the guarantor with 
respect to the covered facilities.
    13. The Guarantor shall satisfy a third-party liability claim only 
on receipt of one of the following documents:
    (a) Certification from the Principal and the third-party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Principal] and [insert name and 
address of third-party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Principal's] hazardous 
waste treatment, storage, or disposal facility should be paid in the 
amount of $ .

[Signatures]____________________________________________________________

Principal_______________________________________________________________

(Notary) Date___________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________

(Notary) Date___________________________________________________________

    (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    14. In the event of combination of this guarantee with another 
mechanism to meet

[[Page 436]]

liability requirements, this guarantee will be considered [insert 
``primary'' or ``excess''] coverage.
    I hereby certify that the wording of the guarantee is identical to 
the wording specified in 40 CFR 264.151(h)(2) as such regulations were 
constituted on the date shown immediately below.

Effective date:_________________________________________________________

[Name of guarantor]_____________________________________________________

[Authorized signature for guarantor]____________________________________

[Name of person signing]________________________________________________

[Title of person signing]_______________________________________________

Signature of witness or notary:_________________________________________

    (i) A hazardous waste facility liability endorsement as required in 
Sec. 264.147 or Sec. 265.147 must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

             Hazardous Waste Facility Liability Endorsement

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering bodily 
injury and property damage in connection with the insured's obligation 
to demonstrate financial responsibility under 40 CFR 264.147 or 265.147. 
The coverage applies at [list EPA Identification Number, name, and 
address for each facility] for [insert ``sudden accidental 
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and 
nonsudden accidental occurrences''; if coverage is for multiple 
facilities and the coverage is different for different facilities, 
indicate which facilities are insured for sudden accidental occurrences, 
which are insured for nonsudden accidental occurrences, and which are 
insured for both]. The limits of liability are [insert the dollar amount 
of the ``each occurrence'' and ``annual aggregate'' limits of the 
Insurer's liability], exclusive of legal defense costs.
    2. The insurance afforded with respect to such occurrences is 
subject to all of the terms and conditions of the policy; provided, 
however, that any provisions of the policy inconsistent with subsections 
(a) through (e) of this Paragraph 2 are hereby amended to conform with 
subsections (a) through (e):
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy to which this endorsement is 
attached.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply with respect to that amount of any deductible for which 
coverage is demonstrated as specified in 40 CFR 264.147(f) or 
265.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of this endorsement, whether by the Insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the hazardous 
waste management facility, will be effective only upon written notice 
and only after the expiration of 60 days after a copy of such written 
notice is received by the Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (e) Any other termination of this endorsement will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    Attached to and forming part of policy No. ------ issued by [name of 
Insurer], herein called the Insurer, of [address of Insurer] to [name of 
insured] of [address] this -------------- day of --------------, 19----. 
The effective date of said policy is ------------ day of --------------, 
19----.
    I hereby certify that the wording of this endorsement is identical 
to the wording specified in 40 CFR 264.151(i) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.

[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]

    (j) A certificate of liability insurance as required in Sec. 
264.147 or Sec. 265.147 must be worded as follows, except that the 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

       Hazardous Waste Facility Certificate of Liability Insurance

    1. [Name of Insurer], (the ``Insurer''), of [address of Insurer] 
hereby certifies that it has issued liability insurance covering bodily 
injury and property damage to [name of

[[Page 437]]

insured], (the ``insured''), of [address of insured] in connection with 
the insured's obligation to demonstrate financial responsibility under 
40 CFR 264.147 or 265.147. The coverage applies at [list EPA 
Identification Number, name, and address for each facility] for [insert 
``sudden accidental occurrences,'' ``nonsudden accidental occurrences,'' 
or ``sudden and nonsudden accidental occurrences''; if coverage is for 
multiple facilities and the coverage is different for different 
facilities, indicate which facilities are insured for sudden accidental 
occurrences, which are insured for nonsudden accidental occurrences, and 
which are insured for both]. The limits of liability are [insert the 
dollar amount of the ``each occurrence'' and ``annual aggregate'' limits 
of the Insurer's liability], exclusive of legal defense costs. The 
coverage is provided under policy number ------, issued on [date]. The 
effective date of said policy is [date].
    2. The Insurer further certifies the following with respect to the 
insurance described in Paragraph 1:
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply with respect to that amount of any deductible for which 
coverage is demonstrated as specified in 40 CFR 264.147(f) or 
265.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of the insurance, whether by the insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the hazardous 
waste management facility, will be effective only upon written notice 
and only after the expiration of 60 days after a copy of such written 
notice is received by the Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (e) Any other termination of the insurance will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    I hereby certify that the wording of this instrument is identical to 
the wording specified in 40 CFR 264.151(j) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]

    (k) A letter of credit, as specified in Sec. 264.147(h) or 
265.147(h) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                  Irrevocable Standby Letter of Credit

Name and Address of Issuing Institution_________________________________

Regional Administrator(s)_______________________________________________

Region(s)_______________________________________________________________

U.S. Environmental Protection Agency____________________________________

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ------------ in the favor of [``any and all third-
party liability claimants'' or insert name of trustee of the standby 
trust fund], at the request and for the account of [owner or operator's 
name and address] for third-party liability awards or settlements up to 
[in words] U.S. dollars $------------ per occurrence and the annual 
aggregate amount of [in words] U.S. dollars $------------, for sudden 
accidental occurrences and/or for third-party liability awards or 
settlements up to the amount of [in words] U.S. dollars $------------ 
per occurrence, and the annual aggregate amount of [in words] U.S. 
dollars $------------, for nonsudden accidental occurrences available 
upon presentation of a sight draft bearing reference to this letter of 
credit No. ------------, and [insert the following language if the 
letter of credit is being used without a standby trust fund: (1) a 
signed certificate reading as follows:

                       Certificate of Valid Claim

    The undersigned, as parties [insert principal] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operations of [principal's] hazardous 
waste treatment, storage, or disposal facility should be paid in the 
amount of $[ ]. We hereby certify that the claim does not apply to any 
of the following:
    (a) Bodily injury or property damage for which [insert principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert principal] would be obligated to pay in the absence 
of the contract or agreement.

[[Page 438]]

    (b) Any obligation of [insert principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert principal].
    This exclusion applies:
    (A) Whether [insert principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert principal];
    (2) Premises that are sold, given away or abandoned by [insert 
principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert principal];
    (4) Personal property in the care, custody or control of [insert 
principal];
    (5) That particular part of real property on which [insert 
principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert principal] are performing operations, if 
the property damage arises out of these operations.

[Signatures]____________________________________________________________

Grantor_________________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________

or (2) a valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.]
    This letter of credit is effective as of [date] and shall expire on 
[date at least one year later], but such expiration date shall be 
automatically extended for a period of [at least one year] on [date and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify you, the USEPA Regional Administrator 
for Region [Region ], and [owner's or operator's name] by 
certified mail that we have decided not to extend this letter of credit 
beyond the current expiration date.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us.
    [Insert the following language if a standby trust fund is not being 
used: ``In the event that this letter of credit is used in combination 
with another mechanism for liability coverage, this letter of credit 
shall be considered [insert ``primary'' or ``excess'' coverage].''
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 264.151(k) as such regulations were 
constituted on the date shown immediately below. [Signature(s) and 
title(s) of official(s) of issuing institution] [Date].
    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].

    (l) A surety bond, as specified in Sec. 264.147(i) or Sec. 
265.147(i) of this chapter, must be worded as follows: except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                              Payment Bond

Surety Bond No. [Insert number]

    Parties [Insert name and address of owner or operator], Principal, 
incorporated in [Insert State of incorporation] of [Insert city and 
State of principal place of business] and [Insert name and address of 
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place 
of business].
    EPA Identification Number, name, and address for each facility 
guaranteed by this bond: --------

------------------------------------------------------------------------
                                                           Nonsudden
                                   Sudden accidental      accidental
                                      occurrences         occurrences
------------------------------------------------------------------------
Penal Sum Per Occurrence........  [insert amount]...  [insert amount]
Annual Aggregate................  [insert amount]...  [insert amount]
------------------------------------------------------------------------

    Purpose: This is an agreement between the Surety(ies) and the 
Principal under which the Surety(ies), its(their) successors and 
assignees, agree to be responsible for the payment of claims against the 
Principal for bodily injury and/or property damage to third parties 
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences 
arising from operations of the facility or group of facilities in the 
sums prescribed herein; subject to the governing provisions and the 
following conditions.
    Governing Provisions:
    (1) Section 3004 of the Resource Conservation and Recovery Act of 
1976, as amended.
    (2) Rules and regulations of the U.S. Environmental Protection 
Agency (EPA), particularly 40 CFR [``Sec. 264.147'' or ``Sec. 
265.147''] (if applicable).

[[Page 439]]

    (3) Rules and regulations of the governing State agency (if 
applicable) [insert citation].
    Conditions:
    (1) The Principal is subject to the applicable governing provisions 
that require the Principal to have and maintain liability coverage for 
bodily injury and property damage to third parties caused by [``sudden'' 
and/or ``nonsudden''] accidental occurrences arising from operations of 
the facility or group of facilities. Such obligation does not apply to 
any of the following:
    (a) Bodily injury or property damage for which [insert principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert principal] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
similar law.
    (c) Bodily injury to:
    (1) An employee of [insert principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert principal]. This exclusion applies:
    (A) Whether [insert principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert principal];
    (2) Premises that are sold, given away or abandoned by [insert 
principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert principal];
    (4) Personal property in the care, custody or control of [insert 
principal];
    (5) That particular part of real property on which [insert 
principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert principal] are performing operations, if 
the property damage arises out of these operations.
    (2) This bond assures that the Principal will satisfy valid third 
party liability claims, as described in condition 1.
    (3) If the Principal fails to satisfy a valid third party liability 
claim, as described above, the Surety(ies) becomes liable on this bond 
obligation.
    (4) The Surety(ies) shall satisfy a third party liability claim only 
upon the receipt of one of the following documents:
    (a) Certification from the Principal and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert name of Principal] and [insert 
name and address of third party claimant(s)], hereby certify that the 
claim of bodily injury and/or property damage caused by a [sudden or 
nonsudden] accidental occurrence arising from operating [Principal's] 
hazardous waste treatment, storage, or disposal facility should be paid 
in the amount of $[ ].

[Signature]
Principal

[Notary] Date

[Signature(s)]
Claimant(s)

[Notary] Date

    or (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    (5) In the event of combination of this bond with another mechanism 
for liability coverage, this bond will be considered [insert ``primary'' 
or ``excess''] coverage.
    (6) The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond. In no event shall the obligation of the Surety(ies) hereunder 
exceed the amount of said annual aggregate penal sum, provided that the 
Surety(ies) furnish(es) notice to the Regional Administrator forthwith 
of all claims filed and payments made by the Surety(ies) under this 
bond.
    (7) The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and the USEPA Regional 
Administrator for Region [Region ], provided, however, that 
cancellation shall not occur during the 120 days beginning on the date 
of receipt of the notice of cancellation by the Principal and the 
Regional Administrator, as evidenced by the return receipt.
    (8) The Principal may terminate this bond by sending written notice 
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.

[[Page 440]]

    (9) The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules and regulations and agree(s) that no 
such amendment shall in any way alleviate its (their) obligation on this 
bond.
    (10) This bond is effective from [insert date] (12:01 a.m., standard 
time, at the address of the Principal as stated herein) and shall 
continue in force until terminated as described above.
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 264.151(1), as such regulations were 
constituted on the date this bond was executed.

                                PRINCIPAL

[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]

                          CORPORATE SURETY[IES]

[Name and address]
State of incorporation:_________________________________________________
Liability Limit: $______________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
Bond premium: $_________________________________________________________

    (m)(1) A trust agreement, as specified in Sec. 264.147(j) or Sec. 
265.147(j) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of --------'' or ``a national 
bank''], the ``trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a hazardous waste management facility or group of facilities 
must demonstrate financial responsibility for bodily injury and property 
damage to third parties caused by sudden accidental and/or nonsudden 
accidental occurrences arising from operations of the facility or group 
of facilities.
    Whereas, the Grantor has elected to establish a trust to assure all 
or part of such financial responsibility for the facilities identified 
herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number, name, and address of 
the facility(ies) and the amount of liability coverage, or portions 
thereof, if more than one instrument affords combined coverage as 
demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, hereinafter the ``Fund,'' for the benefit of any 
and all third parties injured or damaged by [sudden and/or nonsudden] 
accidental occurrences arising from operation of the facility(ies) 
covered by this guarantee, in the amounts of ------------ [up to $1 
million] per occurrence and ------------ [up to $2 million] annual 
aggregate for sudden accidental occurrences and ------------ [up to $3 
million] per occurrence and ------------ [up to $6 million] annual 
aggregate for nonsudden occurrences, except that the Fund is not 
established for the benefit of third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor].
    This exclusion applies:

[[Page 441]]

    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the property, 
which is acceptable to the Trustee, described in Schedule B attached 
hereto. Such property and any other property subsequently transferred to 
the Trustee is referred to as the Fund, together with all earnings and 
profits thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the Trustee, IN 
TRUST, as hereinafter provided. The Trustee shall not be responsible nor 
shall it undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by making payments from the 
Fund only upon receipt of one of the following documents;
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] hazardous waste 
treatment, storage, or disposal facility should be paid in the amount of 
$[ ].

[Signatures]
Grantor

[Signatures]
Claimant(s)

    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstance then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common commingled, or collective trust fund created by the 
Trustee in which the fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq.,

[[Page 442]]

including one which may be created, managed, underwritten, or to which 
investment advice is rendered or the shares of which are sold by the 
Trustee. The Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuations. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendments to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be

[[Page 443]]

in writing, signed by the EPA Regional Administrators of the Regions in 
which the facilities are located, or their designees, and the Trustee 
shall act and shall be fully protected in acting in accordance with such 
orders, requests, and instructions. The Trustee shall have the right to 
assume, in the absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any person to 
act on behalf of the Grantor or EPA hereunder has occurred. The Trustee 
shall have no duty to act in the absence of such orders, requests, and 
instructions from the Grantor and/or EPA, except as provided for herein.
    Section 15. Notice of Nonpayment. If a payment for bodily injury or 
property damage is made under Section 4 of this trust, the Trustee shall 
notify the Grantor of such payment and the amount(s) thereof within five 
(5) working days. The Grantor shall, on or before the anniversary date 
of the establishment of the Fund following such notice, either make 
payments to the Trustee in amounts sufficient to cause the trust to 
return to its value immediately prior to the payment of claims under 
Section 4, or shall provide written proof to the Trustee that other 
financial assurance for liability coverage has been obtained equalling 
the amount necessary to return the trust to its value prior to the 
payment of claims. If the Grantor does not either make payments to the 
Trustee or provide the Trustee with such proof, the Trustee shall within 
10 working days after the anniversary date of the establishment of the 
Fund provide a written notice of nonpayment to the EPA Regional 
Administrator.
    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternate financial assurance as 
specified in this section.
    Section 18. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 20. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 264.151(m) as 
such regulations were constituted on the date first above written.

________________________________________________________________________
[Signature of Grantor]
[Title]

Attest:

[Title]
[Seal]
________________________________________________________________________
[Signature of Trustee]

Attest:

[Title]
[Seal]
    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a trust 
fund as specified in Sec. Sec. 264.147(j) or 265.147(j) of this 
chapter. State requirements may differ on the proper content of this 
acknowledgement.

State of________________________________________________________________
County of_______________________________________________________________
    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors

[[Page 444]]

of said corporation, and that she/he signed her/his name thereto by like 
order.
________________________________________________________________________
[Signature of Notary Public]

    (n)(1) A standby trust agreement, as specified in Sec. 264.147(h) 
or 265.147(h) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                         Standby Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of a State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of --------------'' or ``a national 
bank''], the ``trustee.''
    Whereas the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a hazardous waste management facility or group of facilities 
must demonstrate financial responsibility for bodily injury and property 
damage to third parties caused by sudden accidental and/or nonsudden 
accidental occurrences arising from operations of the facility or group 
of facilities.
    Whereas, the Grantor has elected to establish a standby trust into 
which the proceeds from a letter of credit may be deposited to assure 
all or part of such financial responsibility for the facilities 
identified herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term Grantor means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term Trustee means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number, name, and address of 
the facility(ies) and the amount of liability coverage, or portions 
thereof, if more than one instrument affords combined coverage as 
demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a standby trust fund, hereafter the ``Fund,'' for the benefit 
of any and all third parties injured or damaged by [sudden and/or 
nonsudden] accidental occurrences arising from operation of the 
facility(ies) covered by this guarantee, in the amounts of ------------ 
[up to $1 million] per occurrence and ------------ [up to $2 million] 
annual aggregate for sudden accidental occurrences and ------------ [up 
to $3 million] per occurrence and ------------ [up to $6 million] annual 
aggregate for nonsudden occurrences, except that the Fund is not 
established for the benefit of third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from , and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor].
    This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned by [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the proceeds of 
the letter of credit deposited into the Fund. Such proceeds and any 
other property subsequently transferred

[[Page 445]]

to the Trustee is referred to as the Fund, together with all earnings 
and profits thereon, less any payments or distributions made by the 
Trustee pursuant to this Agreement. The Fund shall be held by the 
Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be 
responsible nor shall it undertake any responsibility for the amount or 
adequacy of, nor any duty to collect from the Grantor, any payments 
necessary to discharge any liabilities of the Grantor established by 
EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by drawing on the letter of 
credit described in Schedule B and by making payments from the Fund only 
upon receipt of one of the following documents:
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] hazardous waste 
treatment, storage, or disposal facility should be paid in the amount of 
$[ ].

[Signature]_____________________________________________________________

Grantor_________________________________________________________________

[Signatures]____________________________________________________________

Claimant(s)_____________________________________________________________
    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of the proceeds from the letter of 
credit drawn upon by the Trustee in accordance with the requirements of 
40 CFR 264.151(k) and Section 4 of this Agreement.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
Section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstances then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or a State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities

[[Page 446]]

in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve Bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements to the 
Trustee shall be paid from the Fund.
    Section 10. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 11. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 12. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator and the present Trustee by certified mail 
10 days before such change becomes effective. Any expenses incurred by 
the Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.
    Section 13. Instructions to the Trustee. All orders, requests, 
certifications of valid claims, and instructions to the Trustee shall be 
in writing, signed by such persons as are designated in the attached 
Exhibit A or such other designees as the Grantor may designate by 
amendments to Exhibit A. The Trustee shall be fully protected in acting 
without inquiry in accordance with the Grantor's orders, requests, and 
instructions. The Trustee shall have the right to assume, in the absence 
of written notice to the contrary, that no event constituting a change 
or a termination of the authority of any person to act on behalf of the 
Grantor or the EPA Regional Administrator hereunder has occurred. The 
Trustee shall have no duty to act in the absence of such orders, 
requests, and instructions from the Grantor and/or EPA, except as 
provided for herein.
    Section 14. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
EPA Regional Administrator, or by the Trustee and the EPA Regional 
Administrator if the Grantor ceases to exist.
    Section 15. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 14, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be paid to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternative financial assurance 
as specified in this section.
    Section 16. Immunity and indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor and the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.

[[Page 447]]

    Section 17. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 18. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation of the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 264.151(n) as 
such regulations were constituted on the date first above written.

________________________________________________________________________
[Signature of Grantor]

[Title]
Attest:
[Title]
[Seal]

________________________________________________________________________
[Signature of Trustee]

Attest:
[Title]
[Seal]
    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a standby 
trust fund as specified in section 264.147(h) or 265.147(h) of this 
chapter. State requirements may differ on the proper content of this 
acknowledgement.

State of________________________________________________________________

County of_______________________________________________________________
    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.

________________________________________________________________________
[Signature of Notary Public]

[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47 
FR 17989, Apr. 27, 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1, 
1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, 
Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992; 
59 FR 29960, June 10, 1994; 71 FR 40272, July 14, 2006]



               Subpart I_Use and Management of Containers

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



Sec. 264.170  Applicability.

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

[Comment: Under Sec. 261.7 and Sec. 261.33(c), if a hazardous waste is 
emptied from a container the residue remaining in the container is not 
considered a hazardous waste if the container is ``empty'' as defined in 
Sec. 261.7. In that event, management of the container is exempt from 
the requirements of this subpart.]



Sec. 264.171  Condition of containers.

    If a container holding hazardous waste is not in good condition 
(e.g., severe rusting, apparent structural defects) or if it begins to 
leak, the owner or operator must transfer the hazardous waste from this 
container to a container that is in good condition or manage the waste 
in some other way that complies with the requirements of this part.



Sec. 264.172  Compatibility of waste with containers.

    The owner or operator must use a container made of or lined with 
materials which will not react with, and are otherwise compatible with, 
the hazardous waste to be stored, so that the ability of the container 
to contain the waste is not impaired.



Sec. 264.173  Management of containers.

    (a) A container holding hazardous waste must always be closed during 
storage, except when it is necessary to add or remove waste.
    (b) A container holding hazardous waste must not be opened, handled, 
or stored in a manner which may rupture the container or cause it to 
leak.

[Comment: Reuse of containers in transportation is governed by U.S. 
Department of Transportation regulations including those set forth in 49 
CFR 173.28.]

[[Page 448]]



Sec. 264.174  Inspections.

    At least weekly, the owner or operator must inspect areas where 
containers are stored, except for Performance Track member facilities, 
that may conduct inspections at least once each month, upon approval by 
the Director. To apply for reduced inspection frequencies, the 
Performance Track member facility must follow the procedures identified 
in Sec. 264.15(b)(5) of this part. The owner or operator must look for 
leaking containers and for deterioration of containers and the 
containment system caused by corrosion or other factors.


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

[71 FR 16905, Apr. 4, 2006]



Sec. 264.175  Containment.

    (a) Container storage areas must have a containment system that is 
designed and operated in accordance with paragraph (b) of this section, 
except as otherwise provided by paragraph (c) of this section.
    (b) A containment system must be designed and operated as follows:
    (1) A base must underlie the containers which is free of cracks or 
gaps and is sufficiently impervious to contain leaks, spills, and 
accumulated precipitation until the collected material is detected and 
removed;
    (2) The base must be sloped or the containment system must be 
otherwise designed and operated to drain and remove liquids resulting 
from leaks, spills, or precipitation, unless the containers are elevated 
or are otherwise protected from contact with accumulated liquids;
    (3) The containment system must have sufficient capacity to contain 
10% of the volume of containers or the volume of the largest container, 
whichever is greater. Containers that do not contain free liquids need 
not be considered in this determination;
    (4) Run-on into the containment system must be prevented unless the 
collection system has sufficient excess capacity in addition to that 
required in paragraph (b)(3) of this section to contain any run-on which 
might enter the system; and
    (5) Spilled or leaked waste and accumulated precipitation must be 
removed from the sump or collection area in as timely a manner as is 
necessary to prevent overflow of the collection system.

[Comment: If the collected material is a hazardous waste under part 261 
of this Chapter, it must be managed as a hazardous waste in accordance 
with all applicable requirements of parts 262 through 266 of this 
chapter. If the collected material is discharged through a point source 
to waters of the United States, it is subject to the requirements of 
section 402 of the Clean Water Act, as amended.]

    (c) Storage areas that store containers holding only wastes that do 
not contain free liquids need not have a containment system defined by 
paragraph (b) of this section, except as provided by paragraph (d) of 
this section or provided that:
    (1) The storage area is sloped or is otherwise designed and operated 
to drain and remove liquid resulting from precipitation, or
    (2) The containers are elevated or are otherwise protected from 
contact with accumulated liquid.
    (d) Storage areas that store containers holding the wastes listed 
below that do not contain free liquids must have a containment system 
defined by paragraph (b) of this section:
    (1) FO20, FO21, FO22, FO23, FO26, and FO27.
    (2) [Reserved]

[46 FR 55112, Nov. 6, 1981, as amended at 50 FR 2003, Jan. 14, 1985; 71 
FR 40273, July 14, 2006]



Sec. 264.176  Special requirements for ignitable or reactive waste.

    Containers holding ignitable or reactive waste must be located at 
least 15 meters (50 feet) from the facility's property line.

[Comment: See Sec. 264.17(a) for additional requirements.]



Sec. 264.177  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials (see 
appendix V for examples), must not be placed in the same container, 
unless Sec. 264.17(b) is complied with.
    (b) Hazardous waste must not be placed in an unwashed container that

[[Page 449]]

previously held an incompatible waste or material.

[Comment: As required by Sec. 264.13, the waste analysis plan must 
include analyses needed to comply with Sec. 264.177. Also, Sec. 
264.17(c) requires wastes analyses, trial tests or other documentation 
to assure compliance with Sec. 264.17(b). As required by Sec. 264.73, 
the owner or operator must place the results of each waste analysis and 
trial test, and any documented information, in the operating record of 
the facility.]

    (c) A storage container holding a hazardous waste that is 
incompatible with any waste or other materials stored nearby in other 
containers, piles, open tanks, or surface impoundments must be separated 
from the other materials or protected from them by means of a dike, 
berm, wall, or other device.

[Comment: The purpose of this section is to prevent fires, explosions, 
gaseous emission, leaching, or other discharge of hazardous waste or 
hazardous waste constituents which could result from the mixing of 
incompatible wastes or materials if containers break or leak.]



Sec. 264.178  Closure.

    At closure, all hazardous waste and hazardous waste residues must be 
removed from the containment system. Remaining containers, liners, 
bases, and soil containing or contaminated with hazardous waste or 
hazardous waste residues must be decontaminated or removed.

[Comment: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate in accordance with Sec. 261.3(d) of 
this chapter that the solid waste removed from the containment system is 
not a hazardous waste, the owner or operator becomes a generator of 
hazardous waste and must manage it in accordance with all applicable 
requirements of parts 262 through 266 of this chapter].



Sec. 264.179  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the applicable requirements of subparts AA, 
BB, and CC of this part.

[61 FR 59950, Nov. 25, 1996]



                         Subpart J_Tank Systems

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



Sec. 264.190  Applicability.

    The requirements of this subpart apply to owners and operators of 
facilities that use tank systems for storing or treating hazardous waste 
except as otherwise provided in paragraphs (a), (b), and (c) of this 
section or in Sec. 264.1 of this part.
    (a) Tank systems that are used to store or treat hazardous waste 
which contains no free liquids and are situated inside a building with 
an impermeable floor are exempted from the requirements in Sec. 
264.193. To demonstrate the absence or presence of free liquids in the 
stored/treated waste, the following test must be used: Method 9095B 
(Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
    (b) Tank systems, including sumps, as defined in Sec. 260.10, that 
serve as part of a secondary containment system to collect or contain 
releases of hazardous wastes are exempted from the requirements in Sec. 
264.193(a).
    (c) Tanks, sumps, and other such collection devices or systems used 
in conjunction with drip pads, as defined in Sec. 260.10 of this 
chapter and regulated under 40 CFR part 264 subpart W, must meet the 
requirements of this subpart.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988; 55 FR 50484, Dec. 6, 1990; 58 FR 46050, Aug. 
31, 1993; 70 FR 34581, June 14, 2005]



Sec. 264.191  Assessment of existing tank system's integrity.

    (a) For each existing tank system that does not have secondary 
containment meeting the requirements of Sec. 264.193, the owner or 
operator must determine that the tank system is not leaking or is unfit 
for use. Except as provided in paragraph (c) of this section, the owner 
or operator must obtain and keep on file at the facility a written 
assessment reviewed and certified by a qualified Professional Engineer, 
in accordance with Sec. 270.11(d) of

[[Page 450]]

this chapter, that attests to the tank system's integrity by January 12, 
1988.
    (b) This assessment must determine that the tank system is 
adequately designed and has sufficient structural strength and 
compatibility with the waste(s) to be stored or treated, to ensure that 
it will not collapse, rupture, or fail. At a minimum, this assessment 
must consider the following:
    (1) Design standard(s), if available, according to which the tank 
and ancillary equipment were constructed;
    (2) Hazardous characteristics of the waste(s) that have been and 
will be handled;
    (3) Existing corrosion protection measures;
    (4) Documented age of the tank system, if available (otherwise, an 
estimate of the age); and
    (5) Results of a leak test, internal inspection, or other tank 
integrity examination such that:
    (i) For non-enterable underground tanks, the assessment must include 
a leak test that is capable of taking into account the effects of 
temperature variations, tank end deflection, vapor pockets, and high 
water table effects, and
    (ii) For other than non-enterable underground tanks and for 
ancillary equipment, this assessment must include either a leak test, as 
described above, or other integrity examination that is certified by a 
qualified Professional Engineer in accordance with Sec. 270.11(d) of 
this chapter, that addresses cracks, leaks, corrosion, and erosion.

    [Note: The practices described in the American Petroleum Institute 
(API) Publication, Guide for Inspection of Refinery Equipment, Chapter 
XIII, ``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981, 
may be used, where applicable, as guidelines in conducting other than a 
leak test.]

    (c) Tank systems that store or treat materials that become hazardous 
wastes subsequent to July 14, 1986, must conduct this assessment within 
12 months after the date that the waste becomes a hazardous waste.
    (d) If, as a result of the assessment conducted in accordance with 
paragraph (a), a tank system is found to be leaking or unfit for use, 
the owner or operator must comply with the requirements of Sec. 
264.196.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
71 FR 16905, Apr. 4, 2006]



Sec. 264.192  Design and installation of new tank systems or components.

    (a) Owners or operators of new tank systems or components must 
obtain and submit to the Regional Administrator, at time of submittal of 
part B information, a written assessment, reviewed and certified by a 
qualified Professional Engineer, in accordance with Sec. 270.11(d) of 
this chapter, attesting that the tank system has sufficient structural 
integrity and is acceptable for the storing and treating of hazardous 
waste. The assessment must show that the foundation, structural support, 
seams, connections, and pressure controls (if applicable) are adequately 
designed and that the tank system has sufficient structural strength, 
compatibility with the waste(s) to be stored or treated, and corrosion 
protection to ensure that it will not collapse, rupture, or fail. This 
assessment, which will be used by the Regional Administrator to review 
and approve or disapprove the acceptability of the tank system design, 
must include, at a minimum, the following information:
    (1) Design standard(s) according to which tank(s) and/or the 
ancillary equipment are constructed;
    (2) Hazardous characteristics of the waste(s) to be handled;
    (3) For new tank systems or components in which the external shell 
of a metal tank or any external metal component of the tank system will 
be in contact with the soil or with water, a determination by a 
corrosion expert of:
    (i) Factors affecting the potential for corrosion, including but not 
limited to:
    (A) Soil moisture content;
    (B) Soil pH;
    (C) Soil sulfides level;
    (D) Soil resistivity;
    (E) Structure to soil potential;
    (F) Influence of nearby underground metal structures (e.g., piping);
    (G) Existence of stray electric current;

[[Page 451]]

    (H) Existing corrosion-protection measures (e.g., coating, cathodic 
protection), and
    (ii) The type and degree of external corrosion protection that are 
needed to ensure the integrity of the tank system during the use of the 
tank system or component, consisting of one or more of the following:
    (A) Corrosion-resistant materials of construction such as special 
alloys, fiberglass reinforced plastic, etc.;
    (B) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) 
with cathodic protection (e.g., impressed current or sacrificial 
anodes); and
    (C) Electrical isolation devices such as insulating joints, flanges, 
etc.

    [Note: The practices described in the National Association of 
Corrosion Engineers (NACE) standard, ``Recommended Practice (RP-02-85)--
Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and the American Petroleum Institute 
(API) Publication 1632, ``Cathodic Protection of Underground Petroleum 
Storage Tanks and Piping Systems,'' may be used, where applicable, as 
guidelines in providing corrosion protection for tank systems.]

    (4) For underground tank system components that are likely to be 
adversely affected by vehicular traffic, a determination of design or 
operational measures that will protect the tank system against potential 
damage; and
    (5) Design considerations to ensure that:
    (i) Tank foundations will maintain the load of a full tank;
    (ii) Tank systems will be anchored to prevent flotation or 
dislodgment where the tank system is placed in a saturated zone, or is 
located within a seismic fault zone subject to the standards of Sec. 
264.18(a); and
    (iii) Tank systems will withstand the effects of frost heave.
    (b) The owner or operator of a new tank system must ensure that 
proper handling procedures are adhered to in order to prevent damage to 
the system during installation. Prior to covering, enclosing, or placing 
a new tank system or component in use, an independent, qualified, 
installation inspector or a qualified Professional Engineer, either of 
whom is trained and experienced in the proper installation of tanks 
systems or components, must inspect the system for the presence of any 
of the following items:
    (1) Weld breaks;
    (2) Punctures;
    (3) Scrapes of protective coatings;
    (4) Cracks;
    (5) Corrosion;
    (6) Other structural damage or inadequate construction/installation.

All discrepancies must be remedied before the tank system is covered, 
enclosed, or placed in use.
    (c) New tank systems or components that are placed underground and 
that are backfilled must be provided with a backfill material that is a 
noncorrosive, porous, homogeneous substance and that is installed so 
that the backfill is placed completely around the tank and compacted to 
ensure that the tank and piping are fully and uniformly supported.
    (d) All new tanks and ancillary equipment must be tested for 
tightness prior to being covered, enclosed, or placed in use. If a tank 
system is found not to be tight, all repairs necessary to remedy the 
leak(s) in the system must be performed prior to the tank system being 
covered, enclosed, or placed into use.
    (e) Ancillary equipment must be supported and protected against 
physical damage and excessive stress due to settlement, vibration, 
expansion, or contraction.

    [Note: The piping system installation procedures described in 
American Petroleum Institute (API) Publication 1615 (November 1979), 
``Installation of Underground Petroleum Storage Systems,'' or ANSI 
Standard B31.3, ``Petroleum Refinery Piping,'' and ANSI Standard B31.4 
``Liquid Petroleum Transportation Piping System,'' may be used, where 
applicable, as guidelines for proper installation of piping systems.]

    (f) The owner or operator must provide the type and degree of 
corrosion protection recommended by an independent corrosion expert, 
based on the information provided under paragraph (a)(3) of this 
section, or other corrosion protection if the Regional Administrator 
believes other corrosion protection is necessary to ensure the integrity 
of the tank system during use of the tank system. The installation of a 
corrosion protection system that is field fabricated must be supervised 
by

[[Page 452]]

an independent corrosion expert to ensure proper installation.
    (g) The owner or operator must obtain and keep on file at the 
facility written statements by those persons required to certify the 
design of the tank system and supervise the installation of the tank 
system in accordance with the requirements of paragraphs (b) through (f) 
of this section, that attest that the tank system was properly designed 
and installed and that repairs, pursuant to paragraphs (b) and (d) of 
this section, were performed. These written statements must also include 
the certification statement as required in Sec. 270.11(d) of this 
chapter.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
71 FR 16905, Apr. 4, 2006]



Sec. 264.193  Containment and detection of releases.

    (a) In order to prevent the release of hazardous waste or hazardous 
constituents to the environment, secondary containment that meets the 
requirements of this section must be provided (except as provided in 
paragraphs (f) and (g) of this section):
    (1) For all new and existing tank systems or components, prior to 
their being put into service.
    (2) For tank systems that store or treat materials that become 
hazardous wastes, within two years of the hazardous waste listing, or 
when the tank system has reached 15 years of age, whichever comes later.
    (b) Secondary containment systems must be:
    (1) Designed, installed, and operated to prevent any migration of 
wastes or accumulated liquid out of the system to the soil, ground 
water, or surface water at any time during the use of the tank system; 
and
    (2) Capable of detecting and collecting releases and accumulated 
liquids until the collected material is removed.
    (c) To meet the requirements of paragraph (b) of this section, 
secondary containment systems must be at a minimum:
    (1) Constructed of or lined with materials that are compatible with 
the wastes(s) to be placed in the tank system and must have sufficient 
strength and thickness to prevent failure owing to pressure gradients 
(including static head and external hydrological forces), physical 
contact with the waste to which it is exposed, climatic conditions, and 
the stress of daily operation (including stresses from nearby vehicular 
traffic).
    (2) Placed on a foundation or base capable of providing support to 
the secondary containment system, resistance to pressure gradients above 
and below the system, and capable of preventing failure due to 
settlement, compression, or uplift;
    (3) Provided with a leak-detection system that is designed and 
operated so that it will detect the failure of either the primary or 
secondary containment structure or the presence of any release of 
hazardous waste or accumulated liquid in the secondary containment 
system within 24 hours, or at the earliest practicable time if the owner 
or operator can demonstrate to the Regional Administrator that existing 
detection technologies or site conditions will not allow detection of a 
release within 24 hours; and
    (4) Sloped or otherwise designed or operated to drain and remove 
liquids resulting from leaks, spills, or precipitation. Spilled or 
leaked waste and accumulated precipitation must be removed from the 
secondary containment system within 24 hours, or in as timely a manner 
as is possible to prevent harm to human health and the environment, if 
the owner or operator can demonstrate to the Regional Administrator that 
removal of the released waste or accumulated precipitation cannot be 
accomplished within 24 hours.

    [Note: If the collected material is a hazardous waste under part 261 
of this chapter, it is subject to management as a hazardous waste in 
accordance with all applicable requirements of parts 262 through 265 of 
this chapter. If the collected material is discharged through a point 
source to waters of the United States, it is subject to the requirements 
of sections 301, 304, and 402 of the Clean Water Act, as amended. If 
discharged to a Publicly Owned Treatment Works (POTW), it is subject to 
the requirements of section 307 of the Clean Water Act, as amended. If 
the collected material is released to the environment, it may be subject 
to the reporting requirements of 40 CFR part 302.]


[[Page 453]]


    (d) Secondary containment for tanks must include one or more of the 
following devices:
    (1) A liner (external to the tank);
    (2) A vault;
    (3) A double-walled tank; or
    (4) An equivalent device as approved by the Regional Administrator.
    (e) In addition to the requirements of paragraphs (b), (c), and (d) 
of this section, secondary containment systems must satisfy the 
following requirements:
    (1) External liner systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event.
    (iii) Free of cracks or gaps; and
    (iv) Designed and installed to surround the tank completely and to 
cover all surrounding earth likely to come into contact with the waste 
if the waste is released from the tank(s) (i.e., capable of preventing 
lateral as well as vertical migration of the waste).
    (2) Vault systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event;
    (iii) Constructed with chemical-resistant water stops in place at 
all joints (if any);
    (iv) Provided with an impermeable interior coating or lining that is 
compatible with the stored waste and that will prevent migration of 
waste into the concrete;
    (v) Provided with a means to protect against the formation of and 
ignition of vapors within the vault, if the waste being stored or 
treated:
    (A) Meets the definition of ignitable waste under Sec. 261.21 of 
this chapter; or
    (B) Meets the definition of reactive waste under Sec. 261.23 of 
this chapter, and may form an ignitable or explosive vapor; and
    (vi) Provided with an exterior moisture barrier or be otherwise 
designed or operated to prevent migration of moisture into the vault if 
the vault is subject to hydraulic pressure.
    (3) Double-walled tanks must be:
    (i) Designed as an integral structure (i.e., an inner tank 
completely enveloped within an outer shell) so that any release from the 
inner tank is contained by the outer shell;
    (ii) Protected, if constructed of metal, from both corrosion of the 
primary tank interior and of the external surface of the outer shell; 
and
    (iii) Provided with a built-in continuous leak detection system 
capable of detecting a release within 24 hours, or at the earliest 
practicable time, if the owner or operator can demonstrate to the 
Regional Administrator, and the Regional Administrator concludes, that 
the existing detection technology or site conditions would not allow 
detection of a release within 24 hours.

    [Note: The provisions outlined in the Steel Tank Institute's (STI) 
``Standard for Dual Wall Underground Steel Storage Tanks'' may be used 
as guidelines for aspects of the design of underground steel double-
walled tanks.]

    (f) Ancillary equipment must be provided with secondary containment 
(e.g., trench, jacketing, double-walled piping) that meets the 
requirements of paragraphs (b) and (c) of this section except for:
    (1) Aboveground piping (exclusive of flanges, joints, valves, and 
other connections) that are visually inspected for leaks on a daily 
basis;
    (2) Welded flanges, welded joints, and welded connections, that are 
visually inspected for leaks on a daily basis;
    (3) Sealless or magnetic coupling pumps and sealless valves, that 
are visually inspected for leaks on a daily basis; and
    (4) Pressurized aboveground piping systems with automatic shut-off 
devices (e.g., excess flow check valves, flow metering shutdown devices, 
loss of pressure actuated shut-off devices) that

[[Page 454]]

are visually inspected for leaks on a daily basis.
    (g) The owner or operator may obtain a variance from the 
requirements of this section if the Regional Administrator finds, as a 
result of a demonstration by the owner or operator that alternative 
design and operating practices, together with location characteristics, 
will prevent the migration of any hazardous waste or hazardous 
constituents into the ground water; or surface water at least as 
effectively as secondary containment during the active life of the tank 
system or that in the event of a release that does migrate to ground 
water or surface water, no substantial present or potential hazard will 
be posed to human health or the environment. New underground tank 
systems may not, per a demonstration in accordance with paragraph (g)(2) 
of this section, be exempted from the secondary containment requirements 
of this section.
    (1) In deciding whether to grant a variance based on a demonstration 
of equivalent protection of ground water and surface water, the Regional 
Administrator will consider:
    (i) The nature and quantity of the wastes;
    (ii) The proposed alternate design and operation;
    (iii) The hydrogeologic setting of the facility, including the 
thickness of soils present between the tank system and ground water; and
    (iv) All other factors that would influence the quality and mobility 
of the hazardous constituents and the potential for them to migrate to 
ground water or surface water.
    (2) In deciding whether to grant a variance based on a demonstration 
of no substantial present or potential hazard, the Regional 
Administrator will consider:
    (i) The potential adverse effects on ground water, surface water, 
and land quality taking into account:
    (A) The physical and chemical characteristics of the waste in the 
tank system, including its potential for migration,
    (B) The hydrogeological characteristics of the facility and 
surrounding land,
    (C) The potential for health risks caused by human exposure to waste 
constituents,
    (D) The potential for damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents, and
    (E) The persistence and permanence of the potential adverse effects;
    (ii) The potential adverse effects of a release on ground-water 
quality, taking into account:
    (A) The quantity and quality of ground water and the direction of 
ground-water flow,
    (B) The proximity and withdrawal rates of ground-water users,
    (C) The current and future uses of ground water in the area, and
    (D) The existing quality of ground water, including other sources of 
contamination and their cumulative impact on the ground-water quality;
    (iii) The potential adverse effects of a release on surface water 
quality, taking into account:
    (A) The quantity and quality of ground water and the direction of 
ground-water flow,
    (B) The patterns of rainfall in the region,
    (C) The proximity of the tank system to surface waters,
    (D) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters, and
    (E) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface-water quality; and
    (iv) The potential adverse effects of a release on the land 
surrounding the tank system, taking into account:
    (A) The patterns of rainfall in the region, and
    (B) The current and future uses of the surrounding land.
    (3) The owner or operator of a tank system, for which a variance 
from secondary containment had been granted in accordance with the 
requirements of paragraph (g)(1) of this section, at which a release of 
hazardous waste has occurred from the primary tank system but has not 
migrated beyond the zone of engineering control (as established in the 
variance), must:

[[Page 455]]

    (i) Comply with the requirements of Sec. 264.196, except paragraph 
(d), and
    (ii) Decontaminate or remove contaminated soil to the extent 
necessary to:
    (A) Enable the tank system for which the variance was granted to 
resume operation with the capability for the detection of releases at 
least equivalent to the capability it had prior to the release; and
    (B) Prevent the migration of hazardous waste or hazardous 
constituents to ground water or surface water; and
    (iii) If contaminated soil cannot be removed or decontaminated in 
accordance with paragraph (g)(3)(ii) of this section, comply with the 
requirement of Sec. 264.197(b).
    (4) The owner or operator of a tank system, for which a variance 
from secondary containment had been granted in accordance with the 
requirements of paragraph (g)(1) of this section, at which a release of 
hazardous waste has occurred from the primary tank system and has 
migrated beyond the zone of engineering control (as established in the 
variance), must:
    (i) Comply with the requirements of Sec. 264.196 (a), (b), (c), and 
(d); and
    (ii) Prevent the migration of hazardous waste or hazardous 
constituents to ground water or surface water, if possible, and 
decontaminate or remove contaminated soil. If contaminated soil cannot 
be decontaminated or removed or if ground water has been contaminated, 
the owner or operator must comply with the requirements of Sec. 
264.197(b); and
    (iii) If repairing, replacing, or reinstalling the tank system, 
provide secondary containment in accordance with the requirements of 
paragraphs (a) through (f) of this section or reapply for a variance 
from secondary containment and meet the requirements for new tank 
systems in Sec. 264.192 if the tank system is replaced. The owner or 
operator must comply with these requirements even if contaminated soil 
can be decontaminated or removed and ground water or surface water has 
not been contaminated.
    (h) The following procedures must be followed in order to request a 
variance from secondary containment:
    (1) The Regional Administrator must be notified in writing by the 
owner or operator that he intends to conduct and submit a demonstration 
for a variance from secondary containment as allowed in paragraph (g) of 
this section according to the following schedule:
    (i) For existing tank systems, at least 24 months prior to the date 
that secondary containment must be provided in accordance with paragraph 
(a) of this section.
    (ii) For new tank systems, at least 30 days prior to entering into a 
contract for installation.
    (2) As part of the notification, the owner or operator must also 
submit to the Regional Administrator a description of the steps 
necessary to conduct the demonstration and a timetable for completing 
each of the steps. The demonstration must address each of the factors 
listed in paragraph (g)(1) or paragraph (g)(2) of this section;
    (3) The demonstration for a variance must be completed within 180 
days after notifying the Regional Administrator of an intent to conduct 
the demonstration; and
    (4) If a variance is granted under this paragraph, the Regional 
Administrator will require the permittee to construct and operate the 
tank system in the manner that was demonstrated to meet the requirements 
for the variance.
    (i) All tank systems, until such time as secondary containment that 
meets the requirements of this section is provided, must comply with the 
following:
    (1) For non-enterable underground tanks, a leak test that meets the 
requirements of Sec. 264.191(b)(5) or other tank integrity method, as 
approved or required by the Regional Administrator, must be conducted at 
least annually.
    (2) For other than non-enterable underground tanks, the owner or 
operator must either conduct a leak test as in paragraph (i)(1) of this 
section or develop a schedule and procedure for an assessment of the 
overall condition of the tank system by a qualified Professional 
Engineer. The schedule and procedure must be adequate to detect obvious 
cracks, leaks, and corrosion or erosion that may lead to cracks and 
leaks. The owner or operator must remove the stored waste from the tank,

[[Page 456]]

if necessary, to allow the condition of all internal tank surfaces to be 
assessed. The frequency of these assessments must be based on the 
material of construction of the tank and its ancillary equipment, the 
age of the system, the type of corrosion or erosion protection used, the 
rate of corrosion or erosion observed during the previous inspection, 
and the characteristics of the waste being stored or treated.
    (3) For ancillary equipment, a leak test or other integrity 
assessment as approved by the Regional Administrator must be conducted 
at least annually.

    [Note: The practices described in the American Petroleum Institute 
(API) Publication Guide for Inspection of Refinery Equipment, Chapter 
XIII, ``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981, 
may be used, where applicable, as guidelines for assessing the overall 
condition of the tank system.]

    (4) The owner or operator must maintain on file at the facility a 
record of the results of the assessments conducted in accordance with 
paragraphs (i)(1) through (i)(3) of this section.
    (5) If a tank system or component is found to be leaking or unfit 
for use as a result of the leak test or assessment in paragraphs (i)(1) 
through (i)(3) of this section, the owner or operator must comply with 
the requirements of Sec. 264.196.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988; 71 FR 16905, Apr. 4, 2006; 71 FR 40273, July 
14, 2006]



Sec. 264.194  General operating requirements.

    (a) Hazardous wastes or treatment reagents must not be placed in a 
tank system if they could cause the tank, its ancillary equipment, or 
the containment system to rupture, leak, corrode, or otherwise fail.
    (b) The owner or operator must use appropriate controls and 
practices to prevent spills and overflows from tank or containment 
systems. These include at a minimum:
    (1) Spill prevention controls (e.g., check valves, dry disconnect 
couplings);
    (2) Overfill prevention controls (e.g., level sensing devices, high 
level alarms, automatic feed cutoff, or bypass to a standby tank); and
    (3) Maintenance of sufficient freeboard in uncovered tanks to 
prevent overtopping by wave or wind action or by precipitation.
    (c) The owner or operator must comply with the requirements of Sec. 
264.196 if a leak or spill occurs in the tank system.



Sec. 264.195  Inspections.

    (a) The owner or operator must develop and follow a schedule and 
procedure for inspecting overfill controls.
    (b) The owner or operator must inspect at least once each operating 
day data gathered from monitoring and leak detection equipment (e.g., 
pressure or temperature gauges, monitoring wells) to ensure that the 
tank system is being operated according to its design.

    [Note: Section 264.15(c) requires the owner or operator to remedy 
any deterioration or malfunction he finds. Section 264.196 requires the 
owner or operator to notify the Regional Administrator within 24 hours 
of confirming a leak. Also, 40 CFR part 302 may require the owner or 
operator to notify the National Response Center of a release.]

    (c) In addition, except as noted under paragraph (d) of this 
section, the owner or operator must inspect at least once each operating 
day:
    (1) Above ground portions of the tank system, if any, to detect 
corrosion or releases of waste.
    (2) The construction materials and the area immediately surrounding 
the externally accessible portion of the tank system, including the 
secondary containment system (e.g., dikes) to detect erosion or signs of 
releases of hazardous waste (e.g., wet spots, dead vegetation).
    (d) Owners or operators of tank systems that either use leak 
detection systems to alert facility personnel to leaks, or implement 
established workplace practices to ensure leaks are promptly identified, 
must inspect at least weekly those areas described in paragraphs (c)(1) 
and (c)(2) of this section. Use of the alternate inspection schedule 
must be documented in the facility's operating record. This 
documentation must include a description

[[Page 457]]

of the established workplace practices at the facility.
    (e) Performance Track member facilities may inspect on a less 
frequent basis, upon approval by the Director, but must inspect at least 
once each month. To apply for a less than weekly inspection frequency, 
the Performance Track member facility must follow the procedures 
described in Sec. 264.15(b)(5).
    (f) Ancillary equipment that is not provided with secondary 
containment, as described in Sec. 264.193(f)(1) through (4), must be 
inspected at least once each operating day.
    (g) The owner or operator must inspect cathodic protection systems, 
if present, according to, at a minimum, the following schedule to ensure 
that they are functioning properly:
    (1) The proper operation of the cathodic protection system must be 
confirmed within six months after initial installation and annually 
thereafter; and
    (2) All sources of impressed current must be inspected and/or 
tested, as appropriate, at least bimonthly (i.e., every other month).

    [Note: The practices described in the National Association of 
Corrosion Engineers (NACE) standard, ``Recommended Practice (RP-02-85)--
Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and the American Petroleum Institute 
(API) Publication 1632, ``Cathodic Protection of Underground Petroleum 
Storage Tanks and Piping Systems,'' may be used, where applicable, as 
guidelines in maintaining and inspecting cathodic protection systems.]

    (h) The owner or operator must document in the operating record of 
the facility an inspection of those items in paragraphs (a) through (c) 
of this section.

[51 FR 25472, July 14, 1986, as amended at 71 FR 16906, Apr. 4, 2006]



Sec. 264.196  Response to leaks or spills and disposition of leaking or unfit-

for-use tank systems.

    A tank system or secondary containment system from which there has 
been a leak or spill, or which is unfit for use, must be removed from 
service immediately, and the owner or operator must satisfy the 
following requirements:
    (a) Cessation of use; prevent flow or addition of wastes. The owner 
or operator must immediately stop the flow of hazardous waste into the 
tank system or secondary containment system and inspect the system to 
determine the cause of the release.
    (b) Removal of waste from tank system or secondary containment 
system. (1) If the release was from the tank system, the owner/operator 
must, within 24 hours after detection of the leak or, if the owner/
operator demonstrates that it is not possible, at the earliest 
practicable time, remove as much of the waste as is necessary to prevent 
further release of hazardous waste to the environment and to allow 
inspection and repair of the tank system to be performed.
    (2) If the material released was to a secondary containment system, 
all released materials must be removed within 24 hours or in as timely a 
manner as is possible to prevent harm to human health and the 
environment.
    (c) Containment of visible releases to the environment. The owner/
operator must immediately conduct a visual inspection of the release 
and, based upon that inspection:
    (1) Prevent further migration of the leak or spill to soils or 
surface water; and
    (2) Remove, and properly dispose of, any visible contamination of 
the soil or surface water.
    (d) Notifications, reports. (1) Any release to the environment, 
except as provided in paragraph (d)(2) of this section, must be reported 
to the Regional Administrator within 24 hours of its detection. If the 
release has been reported pursuant to 40 CFR part 302, that report will 
satisfy this requirement.
    (2) A leak or spill of hazardous waste is exempted from the 
requirements of this paragraph if it is:
    (i) Less than or equal to a quantity of one (1) pound, and
    (ii) Immediately contained and cleaned up.
    (3) Within 30 days of detection of a release to the environment, a 
report containing the following information must be submitted to the 
Regional Administrator:

[[Page 458]]

    (i) Likely route of migration of the release;
    (ii) Characteristics of the surrounding soil (soil composition, 
geology, hydrogeology, climate);
    (iii) Results of any monitoring or sampling conducted in connection 
with the release (if available). If sampling or monitoring data relating 
to the release are not available within 30 days, these data must be 
submitted to the Regional Administrator as soon as they become 
available.
    (iv) Proximity to downgradient drinking water, surface water, and 
populated areas; and
    (v) Description of response actions taken or planned.
    (e) Provision of secondary containment, repair, or closure. (1) 
Unless the owner/operator satisfies the requirements of paragraphs 
(e)(2) through (4) of this section, the tank system must be closed in 
accordance with Sec. 264.197.
    (2) If the cause of the release was a spill that has not damaged the 
integrity of the system, the owner/operator may return the system to 
service as soon as the released waste is removed and repairs, if 
necessary, are made.
    (3) If the cause of the release was a leak from the primary tank 
system into the secondary containment system, the system must be 
repaired prior to returning the tank system to service.
    (4) If the source of the release was a leak to the environment from 
a component of a tank system without secondary containment, the owner/
operator must provide the component of the system from which the leak 
occurred with secondary containment that satisfies the requirements of 
Sec. 264.193 before it can be returned to service, unless the source of 
the leak is an aboveground portion of a tank system that can be 
inspected visually. If the source is an aboveground component that can 
be inspected visually, the component must be repaired and may be 
returned to service without secondary containment as long as the 
requirements of paragraph (f) of this section are satisfied. If a 
component is replaced to comply with the requirements of this 
subparagraph, that component must satisfy the requirements for new tank 
systems or components in Sec. Sec. 264.192 and 264.193. Additionally, 
if a leak has occurred in any portion of a tank system component that is 
not readily accessible for visual inspection (e.g., the bottom of an 
inground or onground tank), the entire component must be provided with 
secondary containment in accordance with Sec. 264.193 prior to being 
returned to use.
    (f) Certification of major repairs. If the owner/operator has 
repaired a tank system in accordance with paragraph (e) of this section, 
and the repair has been extensive (e.g., installation of an internal 
liner; repair of a ruptured primary containment or secondary containment 
vessel), the tank system must not be returned to service unless the 
owner/operator has obtained a certification by a qualified Professional 
Engineer in accordance with Sec. 270.11(d) of this chapter that the 
repaired system is capable of handling hazardous wastes without release 
for the intended life of the system. This certification must be placed 
in the operating record and maintained until closure of the facility.

    [Note: The Regional Administrator may, on the basis of any 
information received that there is or has been a release of hazardous 
waste or hazardous constituents into the environment, issue an order 
under RCRA section 3004(v), 3008(h), or 7003(a) requiring corrective 
action or such other response as deemed necessary to protect human 
health or the environment.]
    [Note: See Sec. 264.15(c) for the requirements necessary to remedy 
a failure. Also, 40 CFR part 302 may require the owner or operator to 
notify the National Response Center of certain releases.]

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34086, Sept. 2, 1988; 71 FR 16906, Apr. 4, 2006]



Sec. 264.197  Closure and post-closure care.

    (a) At closure of a tank system, the owner or operator must remove 
or decontaminate all waste residues, contaminated containment system 
components (liners, etc.), contaminated soils, and structures and 
equipment contaminated with waste, and manage them as hazardous waste, 
unless Sec. 261.3(d) of this chapter applies. The closure plan, closure 
activities, cost estimates for closure, and financial responsibility for

[[Page 459]]

tank systems must meet all of the requirements specified in subparts G 
and H of this part.
    (b) If the owner or operator demonstrates that not all contaminated 
soils can be practicably removed or decontaminated as required in 
paragraph (a) of this section, then the owner or operator must close the 
tank system and perform post-closure care in accordance with the closure 
and post-closure care requirements that apply to landfills (Sec. 
264.310). In addition, for the purposes of closure, post-closure, and 
financial responsibility, such a tank system is then considered to be a 
landfill, and the owner or operator must meet all of the requirements 
for landfills specified in subparts G and H of this part.
    (c) If an owner or operator has a tank system that does not have 
secondary containment that meets the requirements of Sec. 264.193 (b) 
through (f) and has not been granted a variance from the secondary 
containment requirements in accordance with Sec. 264.193(g), then:
    (1) The closure plan for the tank system must include both a plan 
for complying with paragraph (a) of this section and a contingent plan 
for complying with paragraph (b) of this section.
    (2) A contingent post-closure plan for complying with paragraph (b) 
of this section must be prepared and submitted as part of the permit 
application.
    (3) The cost estimates calculated for closure and post-closure care 
must reflect the costs of complying with the contingent closure plan and 
the contingent post-closure plan, if those costs are greater than the 
costs of complying with the closure plan prepared for the expected 
closure under paragraph (a) of this section.
    (4) Financial assurance must be based on the cost estimates in 
paragraph (c)(3) of this section.
    (5) For the purposes of the contingent closure and post-closure 
plans, such a tank system is considered to be a landfill, and the 
contingent plans must meet all of the closure, post-closure, and 
financial responsibility requirements for landfills under subparts G and 
H of this part.

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



Sec. 264.198  Special requirements for ignitable or reactive wastes.

    (a) Ignitable or reactive waste must not be placed in tank systems, 
unless:
    (1) The waste is treated, rendered, or mixed before or immediately 
after placement in the tank system so that:
    (i) The resulting waste, mixture, or dissolved material no longer 
meets the definition of ignitable or reactive waste under Sec. Sec. 
261.21 or 261.23 of this chapter, and
    (ii) Section 264.17(b) is complied with; or
    (2) The waste is stored or treated in such a way that it is 
protected from any material or conditions that may cause the waste to 
ignite or react; or
    (3) The tank system is used solely for emergencies.
    (b) The owner or operator of a facility where ignitable or reactive 
waste is stored or treated in a tank must comply with the requirements 
for the maintenance of protective distances between the waste management 
area and any public ways, streets, alleys, or an adjoining property line 
that can be built upon as required in Tables 2-1 through 2-6 of the 
National Fire Protection Association's ``Flammable and Combustible 
Liquids Code,'' (1977 or 1981), (incorporated by reference, see Sec. 
260.11).



Sec. 264.199  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, must 
not be placed in the same tank system, unless Sec. 264.17(b) is 
complied with.
    (b) Hazardous waste must not be placed in a tank system that has not 
been decontaminated and that previously held an incompatible waste or 
material, unless Sec. 264.17(b) is complied with.



Sec. 264.200  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in

[[Page 460]]

accordance with the applicable requirements of subparts AA, BB, and CC 
of this part.

[61 FR 59950, Nov. 25, 1996]



                     Subpart K_Surface Impoundments

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



Sec. 264.220  Applicability.

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



Sec. 264.221  Design and operating requirements.

    (a) Any surface impoundment that is not covered by paragraph (c) of 
this section or Sec. 265.221 of this chapter must have a liner for all 
portions of the impoundment (except for existing portions of such 
impoundments). The liner must be designed, constructed, and installed to 
prevent any migration of wastes out of the impoundment to the adjacent 
subsurface soil or ground water or surface water at any time during the 
active life (including the closure period) of the impoundment. The liner 
may be constructed of materials that may allow wastes to migrate into 
the liner (but not into the adjacent subsurface soil or ground water or 
surface water) during the active life of the facility, provided that the 
impoundment is closed in accordance with Sec. 264.228(a)(1). For 
impoundments that will be closed in accordance with Sec. 264.228(a)(2), 
the liner must be constructed of materials that can prevent wastes from 
migrating into the liner during the active life of the facility. The 
liner must be:
    (1) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or leachate to which they are 
exposed, climatic conditions, the stress of installation, and the stress 
of daily operation;
    (2) Placed upon a foundation or base capable of providing support to 
the liner and resistance to pressure gradients above and below the liner 
to prevent failure of the liner due to settlement, compression, or 
uplift; and
    (3) Installed to cover all surrounding earth likely to be in contact 
with the waste or leachate.
    (b) The owner or operator will be exempted from the requirements of 
paragraph (a) of this section if the Regional Administrator finds, based 
on a demonstration by the owner or operator, that alternate design and 
operating practices, together with location characteristics, will 
prevent the migration of any hazardous constituents (see Sec. 264.93) 
into the ground water or surface water at any future time. In deciding 
whether to grant an exemption, the Regional Administrator will consider:
    (1) The nature and quantity of the wastes;
    (2) The proposed alternate design and operation;
    (3) The hydrogeologic setting of the facility, including the 
attenuative capacity and thickness of the liners and soils present 
between the impoundment and ground water or surface water; and
    (4) All other factors which would influence the quality and mobility 
of the leachate produced and the potential for it to migrate to ground 
water or surface water.
    (c) The owner or operator of each new surface impoundment unit on 
which construction commences after January 29, 1992, each lateral 
expansion of a surface impoundment unit on which construction commences 
after July 29, 1992 and each replacement of an existing surface 
impoundment unit that is to commence reuse after July 29, 1992 must 
install two or more liners and a leachate collection and removal system 
between such liners. ``Construction commences'' is as defined in Sec. 
260.10 of this chapter under ``existing facility''.
    (1)(i) The liner system must include:
    (A) A top liner designed and constructed of materials (e.g., a 
geomembrane) to prevent the migration of hazardous constituents into 
such liner during the active life and post-closure care period; and

[[Page 461]]

    (B) A composite bottom liner, consisting of at least two components. 
The upper component must be designed and constructed of materials (e.g., 
a geomembrane) to prevent the migration of hazardous constituents into 
this component during the active life and post-closure care period. The 
lower component must be designed and constructed of materials to 
minimize the migration of hazardous constituents if a breach in the 
upper component were to occur. The lower component must be constructed 
of at least 3 feet (91 cm) of compacted soil material with a hydraulic 
conductivity of no more than 1x10-7 cm/sec.
    (ii) The liners must comply with paragraphs (a) (1), (2), and (3) of 
this section.
    (2) The leachate collection and removal system between the liners, 
and immediately above the bottom composite liner in the case of multiple 
leachate collection and removal systems, is also a leak detection 
system. This leak detection system must be capable of detecting, 
collecting, and removing leaks of hazardous constituents at the earliest 
practicable time through all areas of the top liner likely to be exposed 
to waste or leachate during the active life and post-closure care 
period. The requirements for a leak detection system in this paragraph 
are satisfied by installation of a system that is, at a minimum:
    (i) Constructed with a bottom slope of one percent or more;
    (ii) Constructed of granular drainage materials with a hydraulic 
conductivity of 1x10-1 cm/sec or more and a thickness of 12 
inches (30.5 cm) or more; or constructed of synthetic or geonet drainage 
materials with a transmissivity of 3x10-4 m\2\sec or more;
    (iii) Constructed of materials that are chemically resistant to the 
waste managed in the surface impoundment and the leachate expected to be 
generated, and of sufficient strength and thickness to prevent collapse 
under the pressures exerted by overlying wastes and any waste cover 
materials or equipment used at the surface impoundment;
    (iv) Designed and operated to minimize clogging during the active 
life and post-closure care period; and
    (v) Constructed with sumps and liquid removal methods (e.g., pumps) 
of sufficient size to collect and remove liquids from the sump and 
prevent liquids from backing up into the drainage layer. Each unit must 
have its own sump(s). The design of each sump and removal system must 
provide a method for measuring and recording the volume of liquids 
present in the sump and of liquids removed.
    (3) The owner or operator shall collect and remove pumpable liquids 
in the sumps to minimize the head on the bottom liner.
    (4) The owner or operator of a leak detection system that is not 
located completely above the seasonal high water table must demonstrate 
that the operation of the leak detection system will not be adversely 
affected by the presence of ground water.
    (d) The Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator that 
such design and operating practices, together with location 
characteristics:
    (1) Will prevent the migration of any hazardous constituent into the 
ground water or surface water at least as effectively as the liners and 
leachate collection and removal system specified in paragraph (c) of 
this section; and
    (2) Will allow detection of leaks of hazardous constituents through 
the top liner at least as effectively.
    (e) The double liner requirement set forth in paragraph (c) of this 
section may be waived by the Regional Administrator for any monofill, 
if:
    (1) The monofill contains only hazardous wastes from foundry furnace 
emission controls or metal casting molding sand, and such wastes do not 
contain constituents which would render the wastes hazardous for reasons 
other than the toxicity characteristic in Sec. 261.24 of this chapter; 
and
    (2)(i)(A) The monofill has at least one liner for which there is no 
evidence that such liner is leaking. For the purposes of this paragraph, 
the term ``liner'' means a liner designed, constructed, installed, and 
operated to prevent hazardous waste from passing into the liner at any 
time during the

[[Page 462]]

active life of the facility, or a liner designed, constructed, 
installed, and operated to prevent hazardous waste from migrating beyond 
the liner to adjacent subsurface soil, ground water, or surface water at 
any time during the active life of the facility. In the case of any 
surface impoundment which has been exempted from the requirements of 
paragraph (c) of this section on the basis of a liner designed, 
constructed, installed, and operated to prevent hazardous waste from 
passing beyond the liner, at the closure of such impoundment, the owner 
or operator must remove or decontaminate all waste residues, all 
contaminated liner material, and contaminated soil to the extent 
practicable. If all contaminated soil is not removed or decontaminated, 
the owner or operator of such impoundment will comply with appropriate 
post-closure requirements, including but not limited to ground-water 
monitoring and corrective action;
    (B) The monofill is located more than one-quarter mile from an 
``underground source of drinking water'' (as that term is defined in 40 
CFR 270.2); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requirements for facilities with permits under RCRA 
section 3005(c); or
    (ii) The owner or operator demonstrates that the monofill is 
located, designed and operated so as to assure that there will be no 
migration of any hazardous constituent into ground water or surface 
water at any future time.
    (f) The owner or operator of any replacement surface impoundment 
unit is exempt from paragraph (c) of this section if:
    (1) The existing unit was constructed in compliance with the design 
standards of sections 3004 (o)(1)(A)(i) and (o)(5) of the Resource 
Conservation and Recovery Act; and
    (2) There is no reason to believe that the liner is not functioning 
as designed.
    (g) A surface impoundment must be designed, constructed, maintained, 
and operated to prevent overtopping resulting from normal or abnormal 
operations; overfilling; wind and wave action; rainfall; run-on; 
malfunctions of level controllers, alarms, and other equipment; and 
human error.
    (h) A surface impoundment must have dikes that are designed, 
constructed, and maintained with sufficient structural integrity to 
prevent massive failure of the dikes. In ensuring structural integrity, 
it must not be presumed that the liner system will function without 
leakage during the active life of the unit.
    (i) The Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.

[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28747, July 15, 1985; 57 FR 3487, Jan. 29, 1992; 71 FR 40273, July 
14, 2006]



Sec. 264.222  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 264.221 (c) or (d). The 
action leakage rate is the maximum design flow rate that the leak 
detection system (LDS) can remove without the fluid head on the bottom 
liner exceeding 1 foot. The action leakage rate must include an adequate 
safety margin to allow for uncertainties in the design (e.g., slope, 
hydraulic conductivity, thickness of drainage material), construction, 
operation, and location of the LDS, waste and leachate characteristics, 
likelihood and amounts of other sources of liquids in the LDS, and 
proposed response actions (e.g., the action leakage rate must consider 
decreases in the flow capacity of the system over time resulting from 
siltation and clogging, rib layover and creep of synthetic components of 
the system, overburden pressures, etc.).
    (b) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly or monthly flow rate from the 
monitoring data obtained under Sec. 264.226(d) to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period, and if the unit is

[[Page 463]]

closed in accordance with Sec. 264.228(b), monthly during the post-
closure care period when monthly monitoring is required under Sec. 
264.226(d).

[57 FR 3487, Jan. 29, 1992]



Sec. 264.223  Response actions.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 264.221 (c) or (d) must have an approved response action plan 
before receipt of waste. The response action plan must set forth the 
actions to be taken if the action leakage rate has been exceeded. At a 
minimum, the response action plan must describe the actions specified in 
paragraph (b) of this section.
    (b) If the flow rate into the leak detection system exceeds the 
action leakage rate for any sump, the owner or operator must:
    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipt should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and longer-term actions to be 
taken to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b) (3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b) (3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the liquids in the leak detection system to identify the source of 
liquids and possible location of any leaks, and the hazard and mobility 
of the liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or
    (2) Document why such assessments are not needed.

[57 FR 3488, Jan. 29, 1992,as amended at 71 FR 40273, July 14, 2006]



Sec. Sec. 264.224-264.225  [Reserved]



Sec. 264.226  Monitoring and inspection.

    (a) During construction and installation, liners (except in the case 
of existing portions of surface impoundments exempt from Sec. 
264.221(a)) and cover systems (e.g., membranes, sheets, or coatings) 
must be inspected for uniformity, damage, and imperfections (e.g., 
holes, cracks, thin spots, or foreign materials). Immediately after 
construction or installation:
    (1) Synthetic liners and covers must be inspected to ensure tight 
seams and joints and the absence of tears, punctures, or blisters; and
    (2) Soil-based and admixed liners and covers must be inspected for 
imperfections including lenses, cracks, channels, root holes, or other 
structural non-uniformities that may cause an increase in the 
permeability of the liner or cover.
    (b) While a surface impoundment is in operation, it must be 
inspected weekly and after storms to detect evidence of any of the 
following:
    (1) Deterioration, malfunctions, or improper operation of 
overtopping control systems;
    (2) Sudden drops in the level of the impoundment's contents; and
    (3) Severe erosion or other signs of deterioration in dikes or other 
containment devices.
    (c) Prior to the issuance of a permit, and after any extended period 
of time (at least six months) during which the impoundment was not in 
service, the

[[Page 464]]

owner or operator must obtain a certification from a qualified engineer 
that the impoundment's dike, including that portion of any dike which 
provides freeboard, has structural integrity. The certification must 
establish, in particular, that the dike:
    (1) Will withstand the stress of the pressure exerted by the types 
and amounts of wastes to be placed in the impoundment; and
    (2) Will not fail due to scouring or piping, without dependence on 
any liner system included in the surface impoundment construction.
    (d)(1) An owner or operator required to have a leak detection system 
under Sec. 264.221 (c) or (d) must record the amount of liquids removed 
from each leak detection system sump at least once each week during the 
active life and closure period.
    (2) After the final cover is installed, the amount of liquids 
removed from each leak detection system sump must be recorded at least 
monthly. If the liquid level in the sump stays below the pump operating 
level for two consecutive months, the amount of liquids in the sumps 
must be recorded at least quarterly. If the liquid level in the sump 
stays below the pump operating level for two consecutive quarters, the 
amount of liquids in the sumps must be recorded at least semi-annually. 
If at any time during the post-closure care period the pump operating 
level is exceeded at units on quarterly or semi-annual recording 
schedules, the owner or operator must return to monthly recording of 
amounts of liquids removed from each sump until the liquid level again 
stays below the pump operating level for two consecutive months.
    (3) ``Pump operating level'' is a liquid level proposed by the owner 
or operator and approved by the Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids backup into the 
drainage layer and minimizes head in the sump.

[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992; 71 FR 40273, July 
14, 2006]



Sec. 264.227  Emergency repairs; contingency plans.

    (a) A surface impoundment must be removed from service in accordance 
with paragraph (b) of this section when:
    (1) The level of liquids in the impoundment suddenly drops and the 
drop is not known to be caused by changes in the flows into or out of 
the impoundment; or
    (2) The dike leaks.
    (b) When a surface impoundment must be removed from service as 
required by paragraph (a) of this section, the owner or operator must:
    (1) Immediately shut off the flow or stop the addition of wastes 
into the impoundment;
    (2) Immediately contain any surface leakage which has occurred or is 
occurring;
    (3) Immediately stop the leak;
    (4) Take any other necessary steps to stop or prevent catastrophic 
failure;
    (5) If a leak cannot be stopped by any other means, empty the 
impoundment; and
    (6) Notify the Regional Administrator of the problem in writing 
within seven days after detecting the problem.
    (c) As part of the contingency plan required in subpart D of this 
part, the owner or operator must specify a procedure for complying with 
the requirements of paragraph (b) of this section.
    (d) No surface impoundment that has been removed from service in 
accordance with the requirements of this section may be restored to 
service unless the portion of the impoundment which was failing is 
repaired and the following steps are taken:
    (1) If the impoundment was removed from service as the result of 
actual or imminent dike failure, the dike's structural integrity must be 
recertified in accordance with Sec. 264.226(c).
    (2) If the impoundment was removed from service as the result of a 
sudden drop in the liquid level, then:
    (i) For any existing portion of the impoundment, a liner must be 
installed in compliance with Sec. 264.221(a); and
    (ii) For any other portion of the impoundment, the repaired liner 
system must be certified by a qualified engineer as meeting the design 
specifications approved in the permit.

[[Page 465]]

    (e) A surface impoundment that has been removed from service in 
accordance with the requirements of this section and that is not being 
repaired must be closed in accordance with the provisions of Sec. 
264.228.

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



Sec. 264.228  Closure and post-closure care.

    (a) At closure, the owner or operator must:
    (1) Remove or decontaminate all waste residues, contaminated 
containment system components (liners, etc.), contaminated subsoils, and 
structures and equipment contaminated with waste and leachate, and 
manage them as hazardous waste unless Sec. 261.3(d) of this chapter 
applies; or
    (2)(i) Eliminate free liquids by removing liquid wastes or 
solidifying the remaining wastes and waste residues;
    (ii) Stabilize remaining wastes to a bearing capacity sufficient to 
support final cover; and
    (iii) Cover the surface impoundment with a final cover designed and 
constructed to:
    (A) Provide long-term minimization of the migration of liquids 
through the closed impoundment;
    (B) Function with minimum maintenance;
    (C) Promote drainage and minimize erosion or abrasion of the final 
cover;
    (D) Accommodate settling and subsidence so that the cover's 
integrity is maintained; and
    (E) Have a permeability less than or equal to the permeability of 
any bottom liner system or natural subsoils present.
    (b) If some waste residues or contaminated materials are left in 
place at final closure, the owner or operator must comply with all post-
closure requirements contained in Sec. Sec. 264.117 through 264.120, 
including maintenance and monitoring throughout the post- closure care 
period (specified in the permit under Sec. 264.117). The owner or 
operator must:
    (1) Maintain the integrity and effectiveness of the final cover, 
including making repairs to the cap as necessary to correct the effects 
of settling, subsidence, erosion, or other events;
    (2) Maintain and monitor the leak detection system in accordance 
with Sec. Sec. 264.221(c)(2)(iv) and (3) and 264.226(d), and comply 
with all other applicable leak detection system requirements of this 
part;
    (3) Maintain and monitor the ground-water monitoring system and 
comply with all other applicable requirements of subpart F of this part; 
and
    (4) Prevent run-on and run-off from eroding or otherwise damaging 
the final cover.
    (c)(1) If an owner or operator plans to close a surface impoundment 
in accordance with paragraph (a)(1) of this section, and the impoundment 
does not comply with the liner requirements of Sec. 264.221(a) and is 
not exempt from them in accordance with Sec. 264.221(b), then:
    (i) The closure plan for the impoundment under Sec. 264.112 must 
include both a plan for complying with paragraph (a)(1) of this section 
and a contingent plan for complying with paragraph (a)(2) of this 
section in case not all contaminated subsoils can be practicably removed 
at closure; and
    (ii) The owner or operator must prepare a contingent post-closure 
plan under Sec. 264.118 for complying with paragraph (b) of this 
section in case not all contaminated subsoils can be practicably removed 
at closure.
    (2) The cost estimates calculated under Sec. Sec. 264.142 and 
264.144 for closure and post-closure care of an impoundment subject to 
this paragraph must include the cost of complying with the contingent 
closure plan and the contingent post-closure plan, but are not required 
to include the cost of expected closure under paragraph (a)(1) of this 
section.

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



Sec. 264.229  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a surface 
impoundment, unless the waste and impoundment satisfy all applicable 
requirements of 40 CFR part 268, and:
    (a) The waste is treated, rendered, or mixed before or immediately 
after placement in the impoundment so that:

[[Page 466]]

    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with; or
    (b) The waste is managed in such a way that it is protected from any 
material or conditions which may cause it to ignite or react; or
    (c) The surface impoundment is used solely for emergencies.

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



Sec. 264.230  Special requirements for incompatible wastes.

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



Sec. 264.231  Special requirements for hazardous wastes FO20, FO21, FO22, 

FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not 
be placed in a surface impoundment unless the owner or operator operates 
the surface impoundment in accordance with a management plan for these 
wastes that is approved by the Regional Administrator pursuant to the 
standards set out in this paragraph, and in accord with all other 
applicable requirements of this part. The factors to be considered are:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (b) The Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for surface 
impoundments managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and 
FO27 in order to reduce the possibility of migration of these wastes to 
ground water, surface water, or air so as to protect human health and 
the environment.

[50 FR 2004, Jan. 14, 1985]



Sec. 264.232  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
surface impoundment in accordance with the applicable requirements of 
subparts BB and CC of this part.

[61 FR 59950, Nov. 25, 1996]



                          Subpart L_Waste Piles

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



Sec. 264.250  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that store or treat hazardous waste in piles, except as Sec. 
264.1 provides otherwise.
    (b) The regulations in this subpart do not apply to owners or 
operators of waste piles that are closed with wastes left in place. Such 
waste piles are subject to regulation under subpart N of this part 
(Landfills).
    (c) The owner or operator of any waste pile that is inside or under 
a structure that provides protection from precipitation so that neither 
run-off nor leachate is generated is not subject to regulation under 
Sec. 264.251 or under subpart F of this part, provided that:
    (1) Liquids or materials containing free liquids are not placed in 
the pile;
    (2) The pile is protected from surface water run-on by the structure 
or in some other manner;
    (3) The pile is designed and operated to control dispersal of the 
waste by wind, where necessary, by means other than wetting; and
    (4) The pile will not generate leachate through decomposition or 
other reactions.



Sec. 264.251  Design and operating requirements.

    (a) A waste pile (except for an existing portion of a waste pile) 
must have:

[[Page 467]]

    (1) A liner that is designed, constructed, and installed to prevent 
any migration of wastes out of the pile into the adjacent subsurface 
soil or ground water or surface water at any time during the active life 
(including the closure period) of the waste pile. The liner may be 
constructed of materials that may allow waste to migrate into the liner 
itself (but not into the adjacent subsurface soil or ground water or 
surface water) during the active life of the facility. The liner must 
be:
    (i) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or leachate to which they are 
exposed, climatic conditions, the stress of installation, and the stress 
of daily operation;
    (ii) Placed upon a foundation or base capable of providing support 
to the liner and resistance to pressure gradients above and below the 
liner to prevent failure of the liner due to settlement, compression, or 
uplift; and
    (iii) Installed to cover all surrounding earth likely to be in 
contact with the waste or leachate; and
    (2) A leachate collection and removal system immediately above the 
liner that is designed, constructed, maintained, and operated to collect 
and remove leachate from the pile. The Regional Administrator will 
specify design and operating conditions in the permit to ensure that the 
leachate depth over the liner does not exceed 30 cm (one foot). The 
leachate collection and removal system must be:
    (i) Constructed of materials that are:
    (A) Chemically resistant to the waste managed in the pile and the 
leachate expected to be generated; and
    (B) Of sufficient strength and thickness to prevent collapse under 
the pressures exerted by overlaying wastes, waste cover materials, and 
by any equipment used at the pile; and
    (ii) Designed and operated to function without clogging through the 
scheduled closure of the waste pile.
    (b) The owner or operator will be exempted from the requirements of 
paragraph (a) of this section, if the Regional Administrator finds, 
based on a demonstration by the owner or operator, that alternate design 
and operating practices, together with location characteristics, will 
prevent the migration of any hazardous constituents (see Sec. 264.93) 
into the ground water or surface water at any future time. In deciding 
whether to grant an exemption, the Regional Administrator will consider:
    (1) The nature and quantity of the wastes;
    (2) The proposed alternate design and operation;
    (3) The hydrogeologic setting of the facility, including attenuative 
capacity and thickness of the liners and soils present between the pile 
and ground water or surface water; and
    (4) All other factors which would influence the quality and mobility 
of the leachate produced and the potential for it to migrate to ground 
water or surface water.
    (c) The owner or operator of each new waste pile unit, each lateral 
expansion of a waste pile unit, and each replacement of an existing 
waste pile unit must install two or more liners and a leachate 
collection and removal system above and between such liners.
    (1)(i) The liner system must include:
    (A) A top liner designed and constructed of materials (e.g., a 
geomembrane) to prevent the migration of hazardous constituents into 
such liner during the active life and post-closure care period; and
    (B) A composite bottom liner, consisting of at least two components. 
The upper component must be designed and constructed of materials (e.g., 
a geomembrane) to prevent the migration of hazardous constituents into 
this component during the active life and post-closure care period. The 
lower component must be designed and constructed of materials to 
minimize the migration of hazardous constituents if a breach in the 
upper component were to occur. The lower component must be constructed 
of at least 3 feet (91 cm) of compacted soil material with a hydraulic 
conductivity of no more than 1x10-7 cm/sec.
    (ii) The liners must comply with paragraphs (a)(1)(i), (ii), and 
(iii) of this section.
    (2) The leachate collection and removal system immediately above the 
top liner

[[Page 468]]

must be designed, constructed, operated, and maintained to collect and 
remove leachate from the waste pile during the active life and post-
closure care period. The Regional Administrator will specify design and 
operating conditions in the permit to ensure that the leachate depth 
over the liner does not exceed 30 cm (one foot). The leachate collection 
and removal system must comply with paragraphs (c)(3)(iii) and (iv) of 
this section.
    (3) The leachate collection and removal system between the liners, 
and immediately above the bottom composite liner in the case of multiple 
leachate collection and removal systems, is also a leak detection 
system. This leak detection system must be capable of detecting, 
collecting, and removing leaks of hazardous constituents at the earliest 
practicable time through all areas of the top liner likely to be exposed 
to waste or leachate during the active life and post-closure care 
period. The requirements for a leak detection system in this paragraph 
are satisfied by installation of a system that is, at a minimum:
    (i) Constructed with a bottom slope of one percent or more;
    (ii) Constructed of granular drainage materials with a hydraulic 
conductivity of 1x10-2 cm/sec or more and a thickness of 12 
inches (30.5 cm) or more; or constructed of synthetic or geonet drainage 
materials with a transmissivity of 3x10-5 m\2\/sec or more:
    (iii) Constructed of materials that are chemically resistant to the 
waste managed in the waste pile and the leachate expected to be 
generated, and of sufficient strength and thickness to prevent collapse 
under the pressures exerted by overlying wastes, waste cover materials, 
and equipment used at the waste pile;
    (iv) Designed and operated to minimize clogging during the active 
life and post-closure care period; and
    (v) Constructed with sumps and liquid removal methods (e.g., pumps) 
of sufficient size to collect and remove liquids from the sump and 
prevent liquids from backing up into the drainage layer. Each unit must 
have its own sump(s). The design of each sump and removal system must 
provide a method for measuring and recording the volume of liquids 
present in the sump and of liquids removed.
    (4) The owner or operator shall collect and remove pumpable liquids 
in the leak detection system sumps to minimize the head on the bottom 
liner.
    (5) The owner or operator of a leak detection system that is not 
located completely above the seasonal high water table must demonstrate 
that the operation of the leak detection system will not be adversely 
affected by the presence of ground water.
    (d) The Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator that 
such design and operating practices, together with location 
characteristics:
    (1) Will prevent the migration of any hazardous constituent into the 
ground water or surface water at least as effectively as the liners and 
leachate collection and removal systems specified in paragraph (c) of 
this section; and
    (2) Will allow detection of leaks of hazardous constituents through 
the top liner at least as effectively.
    (e) Paragraph (c) of this section does not apply to monofills that 
are granted a waiver by the Regional Administrator in accordance with 
Sec. 264.221(e).
    (f) The owner or operator of any replacement waste pile unit is 
exempt from paragraph (c) of this section if:
    (1) The existing unit was constructed in compliance with the design 
standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource 
Conservation and Recovery Act; and
    (2) There is no reason to believe that the liner is not functioning 
as designed.
    (g) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
active portion of the pile during peak discharge from at least a 25-year 
storm.
    (h) The owner or operator must design, construct, operate, and 
maintain a run-off management system to collect and control at least the 
water volume resulting from a 24-hour, 25-year storm.

[[Page 469]]

    (i) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously after storms to maintain design capacity 
of the system.
    (j) If the pile contains any particulate matter which may be subject 
to wind dispersal, the owner or operator must cover or otherwise manage 
the pile to control wind dispersal.
    (k) The Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.

[47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 57 
FR 3488, Jan. 29, 1992; 71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 
2006]



Sec. 264.252  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for waste pile units subject to Sec. 264.251(c) or (d). The action 
leakage rate is the maximum design flow rate that the leak detection 
system (LDS) can remove without the fluid head on the bottom liner 
exceeding 1 foot. The action leakage rate must include an adequate 
safety margin to allow for uncertainties in the design (e.g., slope, 
hydraulic conductivity, thickness of drainage material), construction, 
operation, and location of the LDS, waste and leachate characteristics, 
likelihood and amounts of other sources of liquids in the LDS, and 
proposed response actions (e.g., the action leakage rate must consider 
decreases in the flow capacity of the system over time resulting from 
siltation and clogging, rib layover and creep of synthetic components of 
the system, overburden pressures, etc.).
    (b) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly flow rate from the monitoring 
data obtained under Sec. 264.254(c) to an average daily flow rate 
(gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period.

[57 FR 3489, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]



Sec. 264.253  Response actions.

    (a) The owner or operator of waste pile units subject to Sec. 
264.251 (c) or (d) must have an approved response action plan before 
receipt of waste. The response action plan must set forth the actions to 
be taken if the action leakage rate has been exceeded. At a minimum, the 
response action plan must describe the actions specified in paragraph 
(b) of this section.
    (b) If the flow rate into the leak detection system exceeds the 
action leakage rate for any sump, the owner or operator must:
    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipt should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and long-term actions to be taken 
to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b) (3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b)

[[Page 470]]

(3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the liquids in the leak detection system to identify the source of 
liquids and possible location of any leaks, and the hazard and mobility 
of the liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or
    (2) Document why such assessments are not needed.

[57 FR 3489, Jan. 29, 1992]



Sec. 264.254  Monitoring and inspection.

    (a) During construction or installation, liners (except in the case 
of existing portions of piles exempt from Sec. 264.251(a)) and cover 
systems (e.g., membranes, sheets, or coatings) must be inspected for 
uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, 
or foreign materials). Immediately after construction or installation:
    (1) Synthetic liners and covers must be inspected to ensure tight 
seams and joints and the absence of tears, punctures, or blisters; and
    (2) Soil-based and admixed liners and covers must be inspected for 
imperfections including lenses, cracks, channels, root holes, or other 
structural non-uniformities that may cause an increase in the 
permeability of the liner or cover.
    (b) While a waste pile is in operation, it must be inspected weekly 
and after storms to detect evidence of any of the following:
    (1) Deterioration, malfunctions, or improper operation of run-on and 
run-off control systems;
    (2) Proper functioning of wind dispersal control systems, where 
present; and
    (3) The presence of leachate in and proper functioning of leachate 
collection and removal systems, where present.
    (c) An owner or operator required to have a leak detection system 
under Sec. 264.251(c) must record the amount of liquids removed from 
each leak detection system sump at least once each week during the 
active life and closure period.

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



Sec. 264.255  [Reserved]



Sec. 264.256  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a waste pile 
unless the waste and waste pile satisfy all applicable requirements of 
40 CFR part 268, and:
    (a) The waste is treated, rendered, or mixed before or immediately 
after placement in the pile so that:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with; or
    (b) The waste is managed in such a way that it is protected from any 
material or conditions which may cause it to ignite or react.

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



Sec. 264.257  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V of this part for examples) must not be placed in the same 
pile, unless Sec. 264.17(b) is complied with.
    (b) A pile of hazardous waste that is incompatible with any waste or 
other material stored nearby in containers, other piles, open tanks, or 
surface impoundments must be separated from the other materials, or 
protected from them by means of a dike, berm, wall, or other device.
    (c) Hazardous waste must not be piled on the same base where 
incompatible wastes or materials were previously piled, unless the base 
has been decontaminated sufficiently to ensure compliance with Sec. 
264.17(b).



Sec. 264.258  Closure and post-closure care.

    (a) At closure, the owner or operator must remove or decontaminate 
all

[[Page 471]]

waste residues, contaminated containment system components (liners, 
etc.), contaminated subsoils, and structures and equipment contaminated 
with waste and leachate, and manage them as hazardous waste unless Sec. 
261.3(d) of this chapter applies.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with the closure and post-closure care requirements that apply to 
landfills (Sec. 264.310).
    (c)(1) The owner or operator of a waste pile that does not comply 
with the liner requirements of Sec. 264.251(a)(1) and is not exempt 
from them in accordance with Sec. 264.250(c) or Sec. 264.251(b), must:
    (i) Include in the closure plan for the pile under Sec. 264.112 
both a plan for complying with paragraph (a) of this section and a 
contingent plan for complying with paragraph (b) of this section in case 
not all contaminated subsoils can be practicably removed at closure; and
    (ii) Prepare a contingent post-closure plan under Sec. 264.118 for 
complying with paragraph (b) of this section in case not all 
contaminated subsoils can be practicably removed at closure.
    (2) The cost estimates calculated under Sec. Sec. 264.142 and 
264.144 for closure and post-closure care of a pile subject to this 
paragraph must include the cost of complying with the contingent closure 
plan and the contingent post-closure plan, but are not required to 
include the cost of expected closure under paragraph (a) of this 
section.



Sec. 264.259  Special requirements for hazardous wastes FO20, FO21, FO22, 

FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not 
be placed in waste piles that are not enclosed (as defined in Sec. 
264.250(c)) unless the owner or operator operates the waste pile in 
accordance with a management plan for these wastes that is approved by 
the Regional Administrator pursuant to the standards set out in this 
paragraph, and in accord with all other applicable requirements of this 
part. The factors to be considered are:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (b) The Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for piles managing 
hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in order to 
reduce the possibility of migration of these wastes to ground water, 
surface water, or air so as to protect human health and the environment.

[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]



                        Subpart M_Land Treatment

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



Sec. 264.270  Applicability.

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



Sec. 264.271  Treatment program.

    (a) An owner or operator subject to this subpart must establish a 
land treatment program that is designed to ensure that hazardous 
constituents placed in or on the treatment zone are degraded, 
transformed, or immobilized within the treatment zone. The Regional 
Administrator will specify in the facility permit the elements of the 
treatment program, including:

[[Page 472]]

    (1) The wastes that are capable of being treated at the unit based 
on a demonstration under Sec. 264.272;
    (2) Design measures and operating practices necessary to maximize 
the success of degradation, transformation, and immobilization processes 
in the treatment zone in accordance with Sec. 264.273(a); and
    (3) Unsaturated zone monitoring provisions meeting the requirements 
of Sec. 264.278.
    (b) The Regional Administrator will specify in the facility permit 
the hazardous constituents that must be degraded, transformed, or 
immobilized under this subpart. Hazardous constituents are constituents 
identified in appendix VIII of part 261 of this chapter that are 
reasonably expected to be in, or derived from, waste placed in or on the 
treatment zone.
    (c) The Regional Administrator will specify the vertical and 
horizontal dimensions of the treatment zone in the facility permit. The 
treatment zone is the portion of the unsaturated zone below and 
including the land surface in which the owner or operator intends to 
maintain the conditions necessary for effective degradation, 
transformation, or immobilization of hazardous constituents. The maximum 
depth of the treatment zone must be:
    (1) No more than 1.5 meters (5 feet) from the initial soil surface; 
and
    (2) More than 1 meter (3 feet) above the seasonal high water table.

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



Sec. 264.272  Treatment demonstration.

    (a) For each waste that will be applied to the treatment zone, the 
owner or operator must demonstrate, prior to application of the waste, 
that hazardous constituents in the waste can be completely degraded, 
transformed, or immobilized in the treatment zone.
    (b) In making this demonstration, the owner or operator may use 
field tests, laboratory analyses, available data, or, in the case of 
existing units, operating data. If the owner or operator intends to 
conduct field tests or laboratory analyses in order to make the 
demonstration required under paragraph (a) of this section, he must 
obtain a treatment or disposal permit under Sec. 270.63. The Regional 
Administrator will specify in this permit the testing, analytical, 
design, and operating requirements (including the duration of the tests 
and analyses, and, in the case of field tests, the horizontal and 
vertical dimensions of the treatment zone, monitoring procedures, 
closure and clean-up activities) necessary to meet the requirements in 
paragraph (c) of this section.
    (c) Any field test or laboratory analysis conducted in order to make 
a demonstration under paragraph (a) of this section must:
    (1) Accurately simulate the characteristics and operating conditions 
for the proposed land treatment unit including:
    (i) The characteristics of the waste (including the presence of 
appendix VIII of part 261 of this chapter constituents);
    (ii) The climate in the area;
    (iii) The topography of the surrounding area;
    (iv) The characteristics of the soil in the treatment zone 
(including depth); and
    (v) The operating practices to be used at the unit.
    (2) Be likely to show that hazardous constituents in the waste to be 
tested will be completely degraded, transformed, or immobilized in the 
treatment zone of the proposed land treatment unit; and
    (3) Be conducted in a manner that protects human health and the 
environment considering:
    (i) The characteristics of the waste to be tested;
    (ii) The operating and monitoring measures taken during the course 
of the test;
    (iii) The duration of the test;
    (iv) The volume of waste used in the test;
    (v) In the case of field tests, the potential for migration of 
hazardous constituents to ground water or surface water.

[47 FR 32361, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]



Sec. 264.273  Design and operating requirements.

    The Regional Administrator will specify in the facility permit how 
the

[[Page 473]]

owner or operator will design, construct, operate, and maintain the land 
treatment unit in compliance with this section.
    (a) The owner or operator must design, construct, operate, and 
maintain the unit to maximize the degradation, transformation, and 
immobilization of hazardous constituents in the treatment zone. The 
owner or operator must design, construct, operate, and maintain the unit 
in accord with all design and operating conditions that were used in the 
treatment demonstration under Sec. 264.272. At a minimum, the Regional 
Administrator will specify the following in the facility permit:
    (1) The rate and method of waste application to the treatment zone;
    (2) Measures to control soil pH;
    (3) Measures to enhance microbial or chemical reactions (e.g., 
fertilization, tilling); and
    (4) Measures to control the moisture content of the treatment zone.
    (b) The owner or operator must design, construct, operate, and 
maintain the treatment zone to minimize run-off of hazardous 
constituents during the active life of the land treatment unit.
    (c) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
treatment zone during peak discharge from at least a 25-year storm.
    (d) The owner or operator must design, construct, operate, and 
maintain a run-off management system to collect and control at least the 
water volume resulting from a 24-hour, 25-year storm.
    (e) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously after storms to maintain the design 
capacity of the system.
    (f) If the treatment zone contains particulate matter which may be 
subject to wind dispersal, the owner or operator must manage the unit to 
control wind dispersal.
    (g) The owner or operator must inspect the unit weekly and after 
storms to detect evidence of:
    (1) Deterioration, malfunctions, or improper operation of run-on and 
run-off control systems; and
    (2) Improper functioning of wind dispersal control measures.

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



Sec. Sec. 264.274-264.275  [Reserved]



Sec. 264.276  Food-chain crops.

    The Regional Administrator may allow the growth of food-chain crops 
in or on the treatment zone only if the owner or operator satisfies the 
conditions of this section. The Regional Administrator will specify in 
the facility permit the specific food-chain crops which may be grown.
    (a)(1) The owner or operator must demonstrate that there is no 
substantial risk to human health caused by the growth of such crops in 
or on the treatment zone by demonstrating, prior to the planting of such 
crops, that hazardous constituents other than cadmium:
    (i) Will not be transferred to the food or feed portions of the crop 
by plant uptake or direct contact, and will not otherwise be ingested by 
food-chain animals (e.g., by grazing); or
    (ii) Will not occur in greater concentrations in or on the food or 
feed portions of crops grown on the treatment zone than in or on 
identical portions of the same crops grown on untreated soils under 
similar conditions in the same region.
    (2) The owner or operator must make the demonstration required under 
this paragraph prior to the planting of crops at the facility for all 
constituents identified in appendix VIII of part 261 of this chapter 
that are reasonably expected to be in, or derived from, waste placed in 
or on the treatment zone.
    (3) In making a demonstration under this paragraph, the owner or 
operator may use field tests, greenhouse studies, available data, or, in 
the case of existing units, operating data, and must:
    (i) Base the demonstration on conditions similar to those present in 
the treatment zone, including soil characteristics (e.g., pH, cation 
exchange capacity), specific wastes, application rates, application 
methods, and crops to be grown; and
    (ii) Describe the procedures used in conducting any tests, including 
the

[[Page 474]]

sample selection criteria, sample size, analytical methods, and 
statistical procedures.
    (4) If the owner or operator intends to conduct field tests or 
greenhouse studies in order to make the demonstration required under 
this paragraph, he must obtain a permit for conducting such activities.
    (b) The owner or operator must comply with the following conditions 
if cadmium is contained in wastes applied to the treatment zone:
    (1)(i) The pH of the waste and soil mixture must be 6.5 or greater 
at the time of each waste application, except for waste containing 
cadmium at concentrations of 2 mg/kg (dry weight) or less;
    (ii) The annual application of cadmium from waste must not exceed 
0.5 kilograms per hectare (kg/ha) on land used for production of 
tobacco, leafy vegetables, or root crops grown for human consumption. 
For other food-chain crops, the annual cadmium application rate must not 
exceed:

------------------------------------------------------------------------
                                                              Annual Cd
                                                             application
                                                                 rate
                        Time period                           (kilograms
                                                                 per
                                                               hectare)
------------------------------------------------------------------------
Present to June 30, 1984...................................        2.0
July 1, 1984 to December 31, 1986..........................        1.25
Beginning January 1, 1987..................................        0.5
------------------------------------------------------------------------

    (iii) The cumulative application of cadmium from waste must not 
exceed 5 kg/ha if the waste and soil mixture has a pH of less than 6.5; 
and
    (iv) If the waste and soil mixture has a pH of 6.5 or greater or is 
maintained at a pH of 6.5 or greater during crop growth, the cumulative 
application of cadmium from waste must not exceed: 5 kg/ha if soil 
cation exchange capacity (CEC) is less than 5 meq/100g; 10 kg/ha if soil 
CEC is 5-15 meq/100g; and 20 kg/ha if soil CEC is greater than 15 meq/
100g; or
    (2)(i) Animal feed must be the only food-chain crop produced;
    (ii) The pH of the waste and soil mixture must be 6.5 or greater at 
the time of waste application or at the time the crop is planted, 
whichever occurs later, and this pH level must be maintained whenever 
food-chain crops are grown;
    (iii) There must be an operating plan which demonstrates how the 
animal feed will be distributed to preclude ingestion by humans. The 
operating plan must describe the measures to be taken to safeguard 
against possible health hazards from cadmium entering the food chain, 
which may result from alternative land uses; and
    (iv) Future property owners must be notified by a stipulation in the 
land record or property deed which states that the property has received 
waste at high cadmium application rates and that food-chain crops must 
not be grown except in compliance with paragraph (b)(2) of this section.



Sec. 264.277  [Reserved]



Sec. 264.278  Unsaturated zone monitoring.

    An owner or operator subject to this subpart must establish an 
unsaturated zone monitoring program to discharge the following 
responsibilities:
    (a) The owner or operator must monitor the soil and soil-pore liquid 
to determine whether hazardous constituents migrate out of the treatment 
zone.
    (1) The Regional Administrator will specify the hazardous 
constituents to be monitored in the facility permit. The hazardous 
constituents to be monitored are those specified under Sec. 264.271(b).
    (2) The Regional Administrator may require monitoring for principal 
hazardous constituents (PHCs) in lieu of the constituents specified 
under Sec. 264.271(b). PHCs are hazardous constituents contained in the 
wastes to be applied at the unit that are the most difficult to treat, 
considering the combined effects of degradation, transformation, and 
immobilization. The Regional Administrator will establish PHCs if he 
finds, based on waste analyses, treatment demonstrations, or other data, 
that effective degradation, transformation, or immobilization of the 
PHCs will assure treatment at at least equivalent levels for the other 
hazardous constituents in the wastes.
    (b) The owner or operator must install an unsaturated zone 
monitoring system that includes soil monitoring using soil cores and 
soil-pore liquid

[[Page 475]]

monitoring using devices such as lysimeters. The unsaturated zone 
monitoring system must consist of a sufficient number of sampling points 
at appropriate locations and depths to yield samples that:
    (1) Represent the quality of background soil-pore liquid quality and 
the chemical make-up of soil that has not been affected by leakage from 
the treatment zone; and
    (2) Indicate the quality of soil-pore liquid and the chemical make-
up of the soil below the treatment zone.
    (c) The owner or operator must establish a background value for each 
hazardous constituent to be monitored under paragraph (a) of this 
section. The permit will specify the background values for each 
constituent or specify the procedures to be used to calculate the 
background values.
    (1) Background soil values may be based on a one-time sampling at a 
background plot having characteristics similar to those of the treatment 
zone.
    (2) Background soil-pore liquid values must be based on at least 
quarterly sampling for one year at a background plot having 
characteristics similar to those of the treatment zone.
    (3) The owner or operator must express all background values in a 
form necessary for the determination of statistically significant 
increases under paragraph (f) of this section.
    (4) In taking samples used in the determination of all background 
values, the owner or operator must use an unsaturated zone monitoring 
system that complies with paragraph (b)(1) of this section.
    (d) The owner or operator must conduct soil monitoring and soil-pore 
liquid monitoring immediately below the treatment zone. The Regional 
Administrator will specify the frequency and timing of soil and soil-
pore liquid monitoring in the facility permit after considering the 
frequency, timing, and rate of waste application, and the soil 
permeability. The owner or operator must express the results of soil and 
soil-pore liquid monitoring in a form necessary for the determination of 
statistically significant increases under paragraph (f) of this section.
    (e) The owner or operator must use consistent sampling and analysis 
procedures that are designed to ensure sampling results that provide a 
reliable indication of soil-pore liquid quality and the chemical make-up 
of the soil below the treatment zone. At a minimum, the owner or 
operator must implement procedures and techniques for:
    (1) Sample collection;
    (2) Sample preservation and shipment;
    (3) Analytical procedures; and
    (4) Chain of custody control.
    (f) The owner or operator must determine whether there is a 
statistically significant change over background values for any 
hazardous constituent to be monitored under paragraph (a) of this 
section below the treatment zone each time he conducts soil monitoring 
and soil-pore liquid monitoring under paragraph (d) of this section.
    (1) In determining whether a statistically significant increase has 
occurred, the owner or operator must compare the value of each 
constituent, as determined under paragraph (d) of this section, to the 
background value for that constituent according to the statistical 
procedure specified in the facility permit under this paragraph.
    (2) The owner or operator must determine whether there has been a 
statistically significant increase below the treatment zone within a 
reasonable time period after completion of sampling. The Regional 
Administrator will specify that time period in the facility permit after 
considering the complexity of the statistical test and the availability 
of laboratory facilities to perform the analysis of soil and soil-pore 
liquid samples.
    (3) The owner or operator must determine whether there is a 
statistically significant increase below the treatment zone using a 
statistical procedure that provides reasonable confidence that migration 
from the treatment zone will be identified. The Regional Administrator 
will specify a statistical procedure in the facility permit that he 
finds:
    (i) Is appropriate for the distribution of the data used to 
establish background values; and
    (ii) Provides a reasonable balance between the probability of 
falsely identifying migration from the treatment zone and the 
probability of failing to

[[Page 476]]

identify real migration from the treatment zone.
    (g) If the owner or operator determines, pursuant to paragraph (f) 
of this section, that there is a statistically significant increase of 
hazardous constituents below the treatment zone, he must:
    (1) Notify the Regional Administrator of this finding in writing 
within seven days. The notification must indicate what constituents have 
shown statistically significant increases.
    (2) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to modify the operating practices 
at the facility in order to maximize the success of degradation, 
transformation, or immobilization processes in the treatment zone.
    (h) If the owner or operator determines, pursuant to paragraph (f) 
of this section, that there is a statistically significant increase of 
hazardous constituents below the treatment zone, he may demonstrate that 
a source other than regulated units caused the increase or that the 
increase resulted from an error in sampling, analysis, or evaluation. 
While the owner or operator may make a demonstration under this 
paragraph in addition to, or in lieu of, submitting a permit 
modification application under paragraph (g)(2) of this section, he is 
not relieved of the requirement to submit a permit modification 
application within the time specified in paragraph (g)(2) of this 
section unless the demonstration made under this paragraph successfully 
shows that a source other than regulated units caused the increase or 
that the increase resulted from an error in sampling, analysis, or 
evaluation. In making a demonstration under this paragraph, the owner or 
operator must:
    (1) Notify the Regional Administrator in writing within seven days 
of determining a statistically significant increase below the treatment 
zone that he intends to make a determination under this paragraph;
    (2) Within 90 days, submit a report to the Regional Administrator 
demonstrating that a source other than the regulated units caused the 
increase or that the increase resulted from error in sampling, analysis, 
or evaluation;
    (3) Within 90 days, submit to the Regional Administrator an 
application for a permit modification to make any appropriate changes to 
the unsaturated zone monitoring program at the facility; and
    (4) Continue to monitor in accordance with the unsaturated zone 
monitoring program established under this section.

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



Sec. 264.279  Recordkeeping.

    The owner or operator must include hazardous waste application dates 
and rates in the operating record required under Sec. 264.73.

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



Sec. 264.280  Closure and post-closure care.

    (a) During the closure period the owner or operator must:
    (1) Continue all operations (including pH control) necessary to 
maximize degradation, transformation, or immobilization of hazardous 
constituents within the treatment zone as required under Sec. 
264.273(a), except to the extent such measures are inconsistent with 
paragraph (a)(8) of this section.
    (2) Continue all operations in the treatment zone to minimize run-
off of hazardous constituents as required under Sec. 264.273(b);
    (3) Maintain the run-on control system required under Sec. 
264.273(c);
    (4) Maintain the run-off management system required under Sec. 
264.273(d);
    (5) Control wind dispersal of hazardous waste if required under 
Sec. 264.273(f);
    (6) Continue to comply with any prohibitions or conditions 
concerning growth of food-chain crops under Sec. 264.276;
    (7) Continue unsaturated zone monitoring in compliance with Sec. 
264.278, except that soil-pore liquid monitoring may be terminated 90 
days after the last application of waste to the treatment zone; and
    (8) Establish a vegetative cover on the portion of the facility 
being closed at such time that the cover will not substantially impede 
degradation, transformation, or immobilization of

[[Page 477]]

hazardous constituents in the treatment zone. The vegetative cover must 
be capable of maintaining growth without extensive maintenance.
    (b) For the purpose of complying with Sec. 264.115 of this chapter, 
when closure is completed the owner or operator may submit to the 
Regional Administrator certification by an independent, qualified soil 
scientist, in lieu of a qualified Professional Engineer, that the 
facility has been closed in accordance with the specifications in the 
approved closure plan.
    (c) During the post-closure care period the owner or operator must:
    (1) Continue all operations (including pH control) necessary to 
enhance degradation and transformation and sustain immobilization of 
hazardous constituents in the treatment zone to the extent that such 
measures are consistent with other post-closure care activities;
    (2) Maintain a vegetative cover over closed portions of the 
facility;
    (3) Maintain the run-on control system required under Sec. 
264.273(c);
    (4) Maintain the run-off management system required under Sec. 
264.273(d);
    (5) Control wind dispersal of hazardous waste if required under 
Sec. 264.273(f);
    (6) Continue to comply with any prohibitions or conditions 
concerning growth of food-chain crops under Sec. 264.276; and
    (7) Continue unsaturated zone monitoring in compliance with Sec. 
264.278, excect that soil-pore liquid monitoring may be terminated 90 
days after the last application of waste to the treatment zone.
    (d) The owner or operator is not subject to regulation under 
paragraphs (a)(8) and (c) of this section if the Regional Administrator 
finds that the level of hazardous constituents in the treatment zone 
soil does not exceed the background value of those constituents by an 
amount that is statistically significant when using the test specified 
in paragraph (d)(3) of this section. The owner or operator may submit 
such a demonstration to the Regional Administrator at any time during 
the closure or post-closure care periods. For the purposes of this 
paragraph:
    (1) The owner or operator must establish background soil values and 
determine whether there is a statistically significant increase over 
those values for all hazardous constituents specified in the facility 
permit under Sec. 264.271 (b).
    (i) Background soil values may be based on a one-time sampling of a 
background plot having characteristics similar to those of the treatment 
zone.
    (ii) The owner or operator must express background values and values 
for hazardous constituents in the treatment zone in a form necessary for 
the determination of statistically significant increases under paragraph 
(d)(3) of this section.
    (2) In taking samples used in the determination of background and 
treatment zone values, the owner or operator must take samples at a 
sufficient number of sampling points and at appropriate locations and 
depths to yield samples that represent the chemical make-up of soil that 
has not been affected by leakage from the treatment zone and the soil 
within the treatment zone, respectively.
    (3) In determining whether a statistically significant increase has 
occurred, the owner or operator must compare the value of each 
constituent in the treatment zone to the background value for that 
constituent using a statistical procedure that provides reasonable 
confidence that constituent presence in the treatment zone will be 
identified. The owner or operator must use a statistical procedure that:
    (i) Is appropriate for the distribution of the data used to 
establish background values; and
    (ii) Provides a reasonable balance between the probability of 
falsely identifying hazardous constituent presence in the treatment zone 
and the probability of failing to identify real presence in the 
treatment zone.
    (e) The owner or operator is not subject to regulation under Subpart 
F of this chapter if the Regional Administrator finds that the owner or 
operator satisfies paragraph (d) of this section and if unsaturated zone 
monitoring under Sec. 264.278 indicates that hazardous constituents 
have not migrated beyond

[[Page 478]]

the treatment zone during the active life of the land treatment unit.

[47 FR 32361, July 26, 1982, as amended at 71 FR 16906, Apr. 4, 2006; 71 
FR 40273, July 14, 2006]



Sec. 264.281  Special requirements for ignitable or reactive waste.

    The owner or operator must not apply ignitable or reactive waste to 
the treatment zone unless the waste and the treatment zone meet all 
applicable requirements of 40 CFR part 268, and:
    (a) The waste is immediately incorporated into the soil so that:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with; or
    (b) The waste is managed in such a way that it is protected from any 
material or conditions which may cause it to ignite or react.

[47 FR 32361, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 264.282  Special requirements for incompatible wastes.

    The owner or operator must not place incompatible wastes, or 
incompatible wastes and materials (see appendix V of this part for 
examples), in or on the same treatment zone, unless Sec. 264.17(b) is 
complied with.



Sec. 264.283  Special requirements for hazardous wastes FO20, FO21, FO22, 

FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26 and FO27 must not 
be placed in a land treatment unit unless the owner or operator operates 
the facility in accordance with a management plan for these wastes that 
is approved by the Regional Administrator pursuant to the standards set 
out in this paragraph, and in accord with all other applicable 
requirements of this part. The factors to be considered are:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (b) The Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for land treatment 
facilities managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and 
FO27 in order to reduce the possibility of migration of these wastes to 
ground water, surface water, or air so as to protect human health and 
the environment.

[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]



                           Subpart N_Landfills

    Source: 47 FR 32365, July 26, 1982, unless otherwise noted.



Sec. 264.300  Applicability.

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



Sec. 264.301  Design and operating requirements.

    (a) Any landfill that is not covered by paragraph (c) of this 
section or Sec. 265.301(a) of this chapter must have a liner system for 
all portions of the landfill (except for existing portions of such 
landfill). The liner system must have:
    (1) A liner that is designed, constructed, and installed to prevent 
any migration of wastes out of the landfill to the adjacent subsurface 
soil or ground water or surface water at anytime during the active life 
(including the closure period) of the landfill. The liner must be 
constructed of materials that prevent wastes from passing into the liner 
during the active life of the facility. The liner must be:
    (i) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness

[[Page 479]]

to prevent failure due to pressure gradients (including static head and 
external hydrogeologic forces), physical contact with the waste or 
leachate to which they are exposed, climatic conditions, the stress of 
installation, and the stress of daily operation;
    (ii) Placed upon a foundation or base capable of providing support 
to the liner and resistance to pressure gradients above and below the 
liner to prevent failure of the liner due to settlement, compression, or 
uplift; and
    (iii) Installed to cover all surrounding earth likely to be in 
contact with the waste or leachate; and
    (2) A leachate collection and removal system immediately above the 
liner that is designed, constructed, maintained, and operated to collect 
and remove leachate from the landfill. The Regional Administrator will 
specify design and operating conditions in the permit to ensure that the 
leachate depth over the liner does not exceed 30 cm (one foot). The 
leachate collection and removal system must be:
    (i) Constructed of materials that are:
    (A) Chemically resistant to the waste managed in the landfill and 
the leachate expected to be generated; and
    (B) Of sufficient strength and thickness to prevent collapse under 
the pressures exerted by overlying wastes, waste cover materials, and by 
any equipment used at the landfill; and
    (ii) Designed and operated to function without clogging through the 
scheduled closure of the landfill.
    (b) The owner or operator will be exempted from the requirements of 
paragraph (a) of this section if the Regional Administrator finds, based 
on a demonstration by the owner or operator, that alternative design and 
operating practices, together with location characteristics, will 
prevent the migration of any hazardous constituents (see Sec. 264.93) 
into the ground water or surface water at any future time. In deciding 
whether to grant an exemption, the Regional Administrator will consider:
    (1) The nature and quantity of the wastes;
    (2) The proposed alternate design and operation;
    (3) The hydrogeologic setting of the facility, including the 
attenuative capacity and thickness of the liners and soils present 
between the landfill and ground water or surface water; and
    (4) All other factors which would influence the quality and mobility 
of the leachate produced and the potential for it to migrate to ground 
water or surface water.
    (c) The owner or operator of each new landfill unit on which 
construction commences after January 29, 1992, each lateral expansion of 
a landfill unit on which construction commences after July 29, 1992, and 
each replacement of an existing landfill unit that is to commence reuse 
after July 29, 1992 must install two or more liners and a leachate 
collection and removal system above and between such liners. 
``Construction commences'' is as defined in Sec. 260.10 of this chapter 
under ``existing facility''.
    (1)(i) The liner system must include:
    (A) A top liner designed and constructed of materials (e.g., a 
geomembrane) to prevent the migration of hazardous constituents into 
such liner during the active life and post-closure care period; and
    (B) A composite bottom liner, consisting of at least two components. 
The upper component must be designed and constructed of materials (e.g., 
a geomembrane) to prevent the migration of hazardous constituents into 
this component during the active life and post-closure care period. The 
lower component must be designed and constructed of materials to 
minimize the migration of hazardous constituents if a breach in the 
upper component were to occur. The lower component must be constructed 
of at least 3 feet (91 cm) of compacted soil material with a hydraulic 
conductivity of no more than 1x10-7 cm/sec.
    (ii) The liners must comply with paragraphs (a)(1) (i), (ii), and 
(iii) of this section.
    (2) The leachate collection and removal system immediately above the 
top liner must be designed, constructed, operated, and maintained to 
collect and remove leachate from the landfill during the active life and 
post-closure care period. The Regional Administrator will specify design 
and operating conditions

[[Page 480]]

in the permit to ensure that the leachate depth over the liner does not 
exceed 30 cm (one foot). The leachate collection and removal system must 
comply with paragraphs (c)(3) (iii) and (iv) of this section.
    (3) The leachate collection and removal system between the liners, 
and immediately above the bottom composite liner in the case of multiple 
leachate collection and removal systems, is also a leak detection 
system. This leak detection system must be capable of detecting, 
collecting, and removing leaks of hazardous constituents at the earliest 
practicable time through all areas of the top liner likely to be exposed 
to waste or leachate during the active life and post-closure care 
period. The requirements for a leak detection system in this paragraph 
are satisfied by installation of a system that is, at a minimum:
    (i) Constructed with a bottom slope of one percent or more;
    (ii) Constructed of granular drainage materials with a hydraulic 
conductivity of 1x10-2 cm/sec or more and a thickness of 12 
inches (30.5 cm) or more; or constructed of synthetic or geonet drainage 
materials with a transmissivity of 3x10-5 m\2\/sec or more;
    (iii) Constructed of materials that are chemically resistant to the 
waste managed in the landfill and the leachate expected to be generated, 
and of sufficient strength and thickness to prevent collapse under the 
pressures exerted by overlying wastes, waste cover materials, and 
equipment used at the landfill;
    (iv) Designed and operated to minimize clogging during the active 
life and post-closure care period; and
    (v) Constructed with sumps and liquid removal methods (e.g., pumps) 
of sufficient size to collect and remove liquids from the sump and 
prevent liquids from backing up into the drainage layer. Each unit must 
have its own sump(s). The design of each sump and removal system must 
provide a method for measuring and recording the volume of liquids 
present in the sump and of liquids removed.
    (4) The owner or operator shall collect and remove pumpable liquids 
in the leak detection system sumps to minimize the head on the bottom 
liner.
    (5) The owner or operator of a leak detection system that is not 
located completely above the seasonal high water table must demonstrate 
that the operation of the leak detection system will not be adversely 
affected by the presence of ground water.
    (d) The Regional Administrator may approve alternative design or 
operating practices to those specified in paragraph (c) of this section 
if the owner or operator demonstrates to the Regional Administrator that 
such design and operating practices, together with location 
characteristics:
    (1) Will prevent the migration of any hazardous constituent into the 
ground water or surface water at least as effectively as the liners and 
leachate collection and removal systems specified in paragraph (c) of 
this section; and
    (2) Will allow detection of leaks of hazardous constituents through 
the top liner at least as effectively.
    (e) The double liner requirement set forth in paragraph (c) of this 
section may be waived by the Regional Administrator for any monofill, 
if:
    (1) The monofill contains only hazardous wastes from foundry furnace 
emission controls or metal casting molding sand, and such wastes do not 
contain constituents which would render the wastes hazardous for reasons 
other than the Toxicity Characteristic in Sec. 261.24 of this chapter, 
with EPA Hazardous Waste Numbers D004 through D017; and
    (2)(i)(A) The monofill has at least one liner for which there is no 
evidence that such liner is leaking;
    (B) The monofill is located more than one-quarter mile from an 
``underground source of drinking water'' (as that term is defined in 40 
CFR 270.2); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requirements for facilities with permits under RCRA 
3005(c); or
    (ii) The owner or operator demonstrates that the monofill is 
located, designed and operated so as to assure that there will be no 
migration of any hazardous constituent into ground water or surface 
water at any future time.

[[Page 481]]

    (f) The owner or operator of any replacement landfill unit is exempt 
from paragraph (c) of this section if:
    (1) The existing unit was constructed in compliance with the design 
standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource 
Conservation and Recovery Act; and
    (2) There is no reason to believe that the liner is not functioning 
as designed.
    (g) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
active portion of the landfill during peak discharge from at least a 25-
year storm.
    (h) The owner or operator must design, construct, operate, and 
maintain a run-off management system to collect and control at least the 
water volume resulting from a 24-hour, 25-year storm.
    (i) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously after storms to maintain design capacity 
of the system.
    (j) If the landfill contains any particulate matter which may be 
subject to wind dispersal, the owner or operator must cover or otherwise 
manage the landfill to control wind dispersal.
    (k) The Regional Administrator will specify in the permit all design 
and operating practices that are necessary to ensure that the 
requirements of this section are satisfied.
    (l) Any permit under RCRA 3005(c) which is issued for a landfill 
located within the State of Alabama shall require the installation of 
two or more liners and a leachate collection system above and between 
such liners, notwithstanding any other provision of RCRA.

[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 28748, July 15, 1985; 55 FR 11875, Mar. 29, 1990; 57 FR 3489, Jan. 
29, 1992; 71 FR 40273, July 14, 2006]



Sec. 264.302  Action leakage rate.

    (a) The Regional Administrator shall approve an action leakage rate 
for landfill units subject to Sec. 264.301(c) or (d). The action 
leakage rate is the maximum design flow rate that the leak detection 
system (LDS) can remove without the fluid head on the bottom liner 
exceeding l foot. The action leakage rate must include an adequate 
safety margin to allow for uncertainties in the design (e.g., slope, 
hydraulic conductivity, thickness of drainage material), construction, 
operation, and location of the LDS, waste and leachate characteristics, 
likelihood and amounts of other sources of liquids in the LDS, and 
proposed response actions (e.g., the action leakage rate must consider 
decreases in the flow capacity of the system over time resulting from 
siltation and clogging, rib layover and creep of synthetic components of 
the system, overburden pressures, etc.).
    (b) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly or monthly flow rate from the 
monitoring data obtained under Sec. 264.303(c) to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period, and monthly during the post-closure care period when 
monthly monitoring is required under Sec. 264.303(c).

[57 FR 3490, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]



Sec. 264.303  Monitoring and inspection.

    (a) During construction or installation, liners (except in the case 
of existing portions of landfills exempt from Sec. 264.301(a)) and 
cover systems (e.g., membranes, sheets, or coatings) must be inspected 
for uniformity, damage, and imperfections (e.g., holes, cracks, thin 
spots, or foreign materials). Immediately after construction or 
installation:
    (1) Synthetic liners and covers must be inspected to ensure tight 
seams and joints and the absence of tears, punctures, or blisters; and
    (2) Soil-based and admixed liners and covers must be inspected for 
imperfections including lenses, cracks, channels, root holes, or other 
structural non-uniformities that may cause an increase in the 
permeability of the liner or cover.
    (b) While a landfill is in operation, it must be inspected weekly 
and after

[[Page 482]]

storms to detect evidence of any of the following:
    (1) Deterioration, malfunctions, or improper operation of run-on and 
run-off control systems;
    (2) Proper functioning of wind dispersal control systems, where 
present; and
    (3) The presence of leachate in and proper functioning of leachate 
collection and removal systems, where present.
    (c)(1) An owner or operator required to have a leak detection system 
under Sec. 264.301(c) or (d) must record the amount of liquids removed 
from each leak detection system sump at least once each week during the 
active life and closure period.
    (2) After the final cover is installed, the amount of liquids 
removed from each leak detection system sump must be recorded at least 
monthly. If the liquid level in the sump stays below the pump operating 
level for two consecutive months, the amount of liquids in the sumps 
must be recorded at least quarterly. If the liquid level in the sump 
stays below the pump operating level for two consecutive quarters, the 
amount of liquids in the sumps must be recorded at least semi-annually. 
If at any time during the post-closure care period the pump operating 
level is exceeded at units on quarterly or semi-annual recording 
schedules, the owner or operator must return to monthly recording of 
amounts of liquids removed from each sump until the liquid level again 
stays below the pump operating level for two consecutive months.
    (3) ``Pump operating level'' is a liquid level proposed by the owner 
or operator and approved by the Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids backup into the 
drainage layer and minimizes head in the sump.

[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 
57 FR 3490, Jan. 29, 1992]



Sec. 264.304  Response actions.

    (a) The owner or operator of landfill units subject to Sec. 
264.301(c) or (d) must have an approved response action plan before 
receipt of waste. The response action plan must set forth the actions to 
be taken if the action leakage rate has been exceeded. At a minimum, the 
response action plan must describe the actions specified in paragraph 
(b) of this section.
    (b) If the flow rate into the leak detection system exceeds the 
action leakage rate for any sump, the owner or operator must:
    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipt should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and longer-term actions to be 
taken to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b)(3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b)(3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the liquids in the leak detection system to identify the source of 
liquids and possible location of any leaks, and the hazard and mobility 
of the liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or

[[Page 483]]

    (2) Document why such assessments are not needed.

[57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006]



Sec. Sec. 264.305-264.308  [Reserved]



Sec. 264.309  Surveying and recordkeeping.

    The owner or operator of a landfill must maintain the following 
items in the operating record required under Sec. 264.73:
    (a) On a map, the exact location and dimensions, including depth, of 
each cell with respect to permanently surveyed benchmarks; and
    (b) The contents of each cell and the approximate location of each 
hazardous waste type within each cell.

[47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 264.310  Closure and post-closure care.

    (a) At final closure of the landfill or upon closure of any cell, 
the owner or operator must cover the landfill or cell with a final cover 
designed and constructed to:
    (1) Provide long-term minimization of migration of liquids through 
the closed landfill;
    (2) Function with minimum maintenance;
    (3) Promote drainage and minimize erosion or abrasion of the cover;
    (4) Accommodate settling and subsidence so that the cover's 
integrity is maintained; and
    (5) Have a permeability less than or equal to the permeability of 
any bottom liner system or natural subsoils present.
    (b) After final closure, the owner or operator must comply with all 
post-closure requirements contained in Sec. Sec. 264.117 through 
264.120, including maintenance and monitoring throughout the post-
closure care period (specified in the permit under Sec. 264.117). The 
owner or operator must:
    (1) Maintain the integrity and effectiveness of the final cover, 
including making repairs to the cap as necessary to correct the effects 
of settling, subsidence, erosion, or other events;
    (2) Continue to operate the leachate collection and removal system 
until leachate is no longer detected;
    (3) Maintain and monitor the leak detection system in accordance 
with Sec. Sec. 264.301(c)(3)(iv) and (4) and 264.303(c), and comply 
with all other applicable leak detection system requirements of this 
part;
    (4) Maintain and monitor the ground-water monitoring system and 
comply with all other applicable requirements of subpart F of this part;
    (5) Prevent run-on and run-off from eroding or otherwise damaging 
the final cover; and
    (6) Protect and maintain surveyed benchmarks used in complying with 
Sec. 264.309.

[47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 
57 FR 3491, Jan. 29, 1992]



Sec. 264.311  [Reserved]



Sec. 264.312  Special requirements for ignitable or reactive waste.

    (a) Except as provided in paragraph (b) of this section, and in 
Sec. 264.316, ignitable or reactive waste must not be placed in a 
landfill, unless the waste and landfill meet all applicable requirements 
of part 268, and:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with.
    (b) Except for prohibited wastes which remain subject to treatment 
standards in subpart D of part 268, ignitable wastes in containers may 
be landfilled without meeting the requirements of paragraph (a) of this 
section, provided that the wastes are disposed of in such a way that 
they are protected from any material or conditions which may cause them 
to ignite. At a minimum, ignitable wastes must be disposed of in non-
leaking containers which are carefully handled and placed so as to avoid 
heat, sparks, rupture, or any other condition that might cause ignition 
of the wastes; must be covered daily with soil or other non-combustible 
material to minimize the potential for ignition of the wastes; and must 
not be disposed of in cells that

[[Page 484]]

contain or will contain other wastes which may generate heat sufficient 
to cause ignition of the waste.

[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990]



Sec. 264.313  Special requirements for incompatible wastes.

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



Sec. 264.314  Special requirements for bulk and containerized liquids.

    (a) The placement of bulk or non-containerized liquid hazardous 
waste or hazardous waste containing free liquids (whether or not 
sorbents have been added) in any landfill is prohibited.
    (b) To demonstrate the absence or presence of free liquids in either 
a containerized or a bulk waste, the following test must be used: Method 
9095B (Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
    (c) Containers holding free liquids must not be placed in a landfill 
unless:
    (1) All free-standing liquid:
    (i) Has been removed by decanting, or other methods;
    (ii) Has been mixed with sorbent or solidified so that free-standing 
liquid is no longer observed; or
    (iii) Has been otherwise eliminated; or
    (2) The container is very small, such as an ampule; or
    (3) The container is designed to hold free liquids for use other 
than storage, such as a battery or capacitor; or
    (4) The container is a lab pack as defined in Sec. 264.316 and is 
disposed of in accordance with Sec. 264.316.
    (d) Sorbents used to treat free liquids to be disposed of in 
landfills must be nonbiodegradable. Nonbiodegradable sorbents are: 
materials listed or described in paragraph (e)(1) of this section; 
materials that pass one of the tests in paragraph (e)(2) of this 
section; or materials that are determined by EPA to be nonbiodegradable 
through the part 260 petition process.
    (1) Nonbiodegradable sorbents. (i) Inorganic minerals, other 
inorganic materials, and elemental carbon (e.g., aluminosilicates, 
clays, smectites, Fuller's earth, bentonite, calcium bentonite, 
montmorillonite, calcined montmorillonite, kaolinite, micas (illite), 
vermiculites, zeolites; calcium carbonate (organic free limestone); 
oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; 
perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement 
kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); 
or
    (ii) High molecular weight synthetic polymers (e.g., polyethylene, 
high density polyethylene (HDPE), polypropylene, polystyrene, 
polyurethane, polyacrylate, polynorborene, polyisobutylene, ground 
synthetic rubber, cross-linked allylstyrene and tertiary butyl 
copolymers). This does not include polymers derived from biological 
material or polymers specifically designed to be degradable; or
    (iii) Mixtures of these non bio de grad a ble materials.
    (2) Tests for nonbiodegradable sorbents. (i) The sorbent material is 
determined to be nonbiodegradable under ASTM Method G21-70 (1984a)--
Standard Practice for Determining Resistance of Synthetic Polymer 
Materials to Fungi; or
    (ii) The sorbent material is determined to be nonbiodegradable under 
ASTM Method G22-76 (1984b)--Standard Practice for Determining Resistance 
of Plastics to Bacteria; or
    (iii) The sorbent material is determined to be non-biodegradable 
under OECD test 301B: [CO2 Evolution (Modified Sturm Test)].
    (e) The placement of any liquid which is not a hazardous waste in a 
landfill is prohibited unless the owner or operator of such landfill 
demonstrates to the Regional Administrator, or the Regional 
Administrator determines that:
    (1) The only reasonably available alternative to the placement in 
such landfill is placement in a landfill or unlined surface impoundment, 
whether or not permitted or operating under interim status, which 
contains, or may reasonably be anticipated to contain, hazardous waste; 
and

[[Page 485]]

    (2) Placement in such owner or operator's landfill will not present 
a risk of contamination of any ``underground source of drinking water'' 
(as that term is defined in 40 CFR 270.2.)

[47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985; 
50 FR 28748, July 15, 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050, 
Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34581, June 14, 2005; 
71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006]



Sec. 264.315  Special requirements for containers.

    Unless they are very small, such as an ampule, containers must be 
either:
    (a) At least 90 percent full when placed in the landfill; or
    (b) Crushed, shredded, or similarly reduced in volume to the maximum 
practical extent before burial in the landfill.



Sec. 264.316  Disposal of small containers of hazardous waste in overpacked drums (lab packs).

    Small containers of hazardous waste in overpacked drums (lab packs) 
may be placed in a landfill if the following requirements are met:
    (a) Hazardous waste must be packaged in non-leaking inside 
containers. The inside containers must be of a design and constructed of 
a material that will not react dangerously with, be decomposed by, or be 
ignited by the contained waste. Inside containers must be tightly and 
securely sealed. The inside containers must be of the size and type 
specified in the Department of Transportation (DOT) hazardous materials 
regulations (49 CFR parts 173, 178, and 179), if those regulations 
specify a particular inside container for the waste.
    (b) The inside containers must be overpacked in an open head DOT-
specification metal shipping container (49 CFR parts 178 and 179) of no 
more than 416-liter (110 gallon) capacity and surrounded by, at a 
minimum, a sufficient quantity of sorbent material, determined to be 
nonbiodegradable in accordance with Sec. 264.314(e), to completely sorb 
all of the liquid contents of the inside containers. The metal outer 
container must be full after it has been packed with inside containers 
and sorbent material.
    (c) The sorbent material used must not be capable of reacting 
dangerously with, being decomposed by, or being ignited by the contents 
of the inside containers, in accordance with Sec. 264.17(b).
    (d) Incompatible wastes, as defined in Sec. 260.10 of this chapter, 
must not be placed in the same outside container.
    (e) Reactive wastes, other than cyanide- or sulfide-bearing waste as 
defined in Sec. 261.23(a)(5) of this chapter, must be treated or 
rendered non-reactive prior to packaging in accordance with paragraphs 
(a) through (d) of this section. Cyanide- and sulfide-bearing reactive 
waste may be packed in accordance with paragraphs (a) through (d) of 
this section without first being treated or rendered non-reactive.
    (f) Such disposal is in compliance with the requirements of part 
268. Persons who incinerate lab packs according to the requirements in 
40 CFR 268.42(c)(1) may use fiber drums in place of metal outer 
containers. Such fiber drums must meet the DOT specifications in 49 CFR 
173.12 and be overpacked according to the requirements in paragraph (b) 
of this section.

[47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990; 57 
FR 54460, Nov. 18, 1992]



Sec. 264.317  Special requirements for hazardous wastes FO20, FO21, FO22, 

FO23, FO26, and FO27.

    (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 must not 
be placed in a landfill unless the owner or operator operates the 
landfill in accord with a management plan for these wastes that is 
approved by the Regional Administrator pursuant to the standards set out 
in this paragraph, and in accord with all other applicable requirements 
of this part. The factors to be considered are:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through the soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and

[[Page 486]]

    (4) The effectiveness of additional treatment, design, or monitoring 
requirements.
    (b) The Regional Administrator may determine that additional design, 
operating, and monitoring requirements are necessary for landfills 
managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 in 
order to reduce the possibility of migration of these wastes to ground 
water, surface water, or air so as to protect human health and the 
environment.

[50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006]



                         Subpart O_Incinerators



Sec. 264.340  Applicability.

    (a) The regulations of this subpart apply to owners and operators of 
hazardous waste incinerators (as defined in Sec. 260.10 of this 
chapter), except as Sec. 264.1 provides otherwise.
    (b) Integration of the MACT standards. (1) Except as provided by 
paragraphs (b)(2) through (b)(4) of this section, the standards of this 
part do not apply to a new hazardous waste incineration unit that 
becomes subject to RCRA permit requirements after October 12, 2005; or 
no longer apply when an owner or operator of an existing hazardous waste 
incineration unit 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 Sec. Sec. 
63.1207(j) and 63.1210(d) of this chapter documenting compliance with 
the requirements of part 63, subpart EEE, of this chapter. 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 MACT standards do not replace the closure requirements of 
Sec. 264.351 or the applicable requirements of subparts A through H, BB 
and CC of this part.
    (3) The particulate matter standard of Sec. 264.343(c) remains in 
effect for incinerators that elect to comply with the alternative to the 
particulate matter standard under Sec. Sec. 63.1206(b)(14) and 
63.1219(e) of this chapter.
    (4) The following requirements remain in effect for startup, 
shutdown, and malfunction events if you elect to comply with Sec. 
270.235(a)(1)(i) of this chapter to minimize emissions of toxic 
compounds from these events:
    (i) Section 264.345(a) requiring that an incinerator operate in 
accordance with operating requirements specified in the permit; and
    (ii) Section 264.345(c) requiring compliance with the emission 
standards and operating requirements during startup and shutdown if 
hazardous waste is in the combustion chamber, except for particular 
hazardous wastes.
    (c) After consideration of the waste analysis included with part B 
of the permit application, the Regional Administrator, in establishing 
the permit conditions, must exempt the applicant from all requirements 
of this subpart except Sec. 264.341 (Waste analysis) and Sec. 264.351 
(Closure),
    (1) If the Regional Administrator finds that the waste to be burned 
is:
    (i) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is ignitable (Hazard Code I), corrosive 
(Hazard Code C), or both; or
    (ii) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is reactive (Hazard Code R) for 
characteristics other than those listed in Sec. 261.23(a) (4) and (5), 
and will not be burned when other hazardous wastes are present in the 
combustion zone; or
    (iii) A hazardous waste solely because it possesses the 
characteristic of ignitability, corrosivity, or both, as determined by 
the test for characteristics of hazardous wastes under part 261, subpart 
C, of this chapter; or
    (iv) A hazardous waste solely because it possesses any of the 
reactivity characteristics described by Sec. 261.23(a) (1), (2), (3), 
(6), (7), and (8) of this chapter, and will not be burned when other 
hazardous wastes are present in the combustion zone; and
    (2) If the waste analysis shows that the waste contains none of the 
hazardous constituents listed in part 261,

[[Page 487]]

appendix VIII, of this chapter, which would reasonably be expected to be 
in the waste.
    (d) If the waste to be burned is one which is described by 
paragraphs (b)(1)(i), (ii), (iii), or (iv) of this section and contains 
insignificant concentrations of the hazardous constituents listed in 
part 261, appendix VIII, of this chapter, then the Regional 
Administrator may, in establishing permit conditions, exempt the 
applicant from all requirements of this subpart, except Sec. 264.341 
(Waste analysis) and Sec. 264.351 (Closure), after consideration of the 
waste analysis included with part B of the permit application, unless 
the Regional Administrator finds that the waste will pose a threat to 
human health and the environment when burned in an incinerator.
    (e) The owner or operator of an incinerator may conduct trial burns 
subject only to the requirements of Sec. 270.62 of this chapter (Short 
term and incinerator permits).

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. 29, 
1985; 56 FR 7207, Feb. 21, 1991; 64 FR 53074, Sept. 30, 1999; 66 FR 
35106, July 3, 2001; 67 FR 6815, Feb. 13, 2002; 70 FR 59575, Oct. 12, 
2005; 73 FR 18983, Apr. 8, 2008]



Sec. 264.341  Waste analysis.

    (a) As a portion of the trial burn plan required by Sec. 270.62 of 
this chapter, or with part B of the permit application, the owner or 
operator must have included an analysis of the waste feed sufficient to 
provide all information required by Sec. 270.62(b) or Sec. 270.19 of 
this chapter. Owners or operators of new hazardous waste incinerators 
must provide the information required by Sec. 270.62(c) or Sec. 270.19 
of this chapter to the greatest extent possible.
    (b) Throughout normal operation the owner or operator must conduct 
sufficient waste analysis to verify that waste feed to the incinerator 
is within the physical and chemical composition limits specified in his 
permit (under Sec. 264.345(b)).

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 
1985]



Sec. 264.342  Principal organic hazardous constituents (POHCs).

    (a) Principal Organic Hazardous Constituents (POHCs) in the waste 
feed must be treated to the extent required by the performance standard 
of Sec. 264.343.
    (b)(1) One or more POHCs will be specified in the facility's permit, 
from among those constituents listed in part 261, appendix VIII of this 
chapter, for each waste feed to be burned. This specification will be 
based on the degree of difficulty of incineration of the organic 
constituents in the waste and on their concentration or mass in the 
waste feed, considering the results of waste analyses and trial burns or 
alternative data submitted with part B of the facility's permit 
application. Organic constituents which represent the greatest degree of 
difficulty of incineration will be those most likely to be designated as 
POHCs. Constituents are more likely to be designated as POHCs if they 
are present in large quantities or concentrations in the waste.
    (2) Trial POHCs will be designated for performance of trial burns in 
accordance with the procedure specified in Sec. 270.62 of this chapter 
for obtaining trial burn permits.

[46 FR 7678, Jan. 23, 1981, as amended at 48 FR 14295, Apr. 1, 1983]



Sec. 264.343  Performance standards.

    An incinerator burning hazardous waste must be designed, 
constructed, and maintained so that, when operated in accordance with 
operating requirements specified under Sec. 264.345, it will meet the 
following performance standards:
    (a)(1) Except as provided in paragraph (a)(2) of this section, an 
incinerator burning hazardous waste must achieve a destruction and 
removal efficiency (DRE) of 99.99% for each principal organic hazardous 
constituent (POHC) designated (under Sec. 264.342) in its permit for 
each waste feed. DRE is determined for each POHC from the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.171

where:


[[Page 488]]


Win=mass feed rate of one principal organic hazardous 
constituent (POHC) in the waste stream feeding the incinerator

and

Wout=mass emission rate of the same POHC present in exhaust 
emissions prior to release to the atmosphere.

    (2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23, 
FO26, or FO27 must achieve a destruction and removal efficiency (DRE) of 
99.9999% for each principal organic hazardous constituent (POHC) 
designated (under Sec. 264.342) in its permit. This performance must be 
demonstrated on POHCs that are more difficult to incinerate than tetra-, 
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is 
determined for each POHC from the equation in Sec. 264.343(a)(1).
    (b) An incinerator burning hazardous waste and producing stack 
emissions of more than 1.8 kilograms per hour (4 pounds per hour) of 
hydrogen chloride (HCl) must control HCl emissions such that the rate of 
emission is no greater than the larger of either 1.8 kilograms per hour 
or 1% of the HCl in the stack gas prior to entering any pollution 
control equipment.
    (c) An incinerator burning hazardous waste must not emit particulate 
matter in excess of 180 milligrams per dry standard cubic meter (0.08 
grains per dry standard cubic foot) when corrected for the amount of 
oxygen in the stack gas according to the formula:
[GRAPHIC] [TIFF OMITTED] TC15NO91.172

Where Pc is the corrected concentration of particulate 
matter, Pm is the measured concentration of particulate 
matter, and Y is the measured concentration of oxygen in the stack gas, 
using the Orsat method for oxygen analysis of dry flue gas, presented in 
part 60, appendix A (Method 3), of this chapter. This correction 
procedure is to be used by all hazardous waste incinerators except those 
operating under conditions of oxygen enrichment. For these facilities, 
the Regional Administrator will select an appropriate correction 
procedure, to be specified in the facility permit.

    (d) For purposes of permit enforcement, compliance with the 
operating requirements specified in the permit (under Sec. 264.345) 
will be regarded as compliance with this section. However, evidence that 
compliance with those permit conditions is insufficient to ensure 
compliance with the performance requirements of this section may be 
``information'' justifying modification, revocation, or reissuance of a 
permit under Sec. 270.41 of this chapter.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 2005, Jan. 14, 1985; 71 FR 16906, Apr. 4, 
2006]



Sec. 264.344  Hazardous waste incinerator permits.

    (a) The owner or operator of a hazardous waste incinerator may burn 
only wastes specified in his permit and only under operating conditions 
specified for those wastes under Sec. 264.345, except:
    (1) In approved trial burns under Sec. 270.62 of this chapter; or
    (2) Under exemptions created by Sec. 264.340.
    (b) Other hazardous wastes may be burned only after operating 
conditions have been specified in a new permit or a permit modification 
as applicable. Operating requirements for new wastes may be based on 
either trial burn results or alternative data included with part B of a 
permit application under Sec. 270.19 of this chapter.
    (c) The permit for a new hazardous waste incinerator must establish 
appropriate conditions for each of the applicable requirements of this 
subpart, including but not limited to allowable waste feeds and 
operating conditions necessary to meet the requirements of Sec. 
264.345, sufficient to comply with the following standards:
    (1) For the period beginning with initial introduction of hazardous 
waste to the incinerator and ending with initiation of the trial burn, 
and only for the minimum time required to establish operating conditions 
required in paragraph (c)(2) of this section, not to exceed a duration 
of 720 hours operating time for treatment of hazardous waste, the 
operating requirements must be those most likely to ensure compliance 
with the performance standards of Sec. 264.343, based on the Regional 
Administrator's engineering judgment. The Regional Administrator may 
extend the duration of this period once for up to 720 additional hours 
when good

[[Page 489]]

cause for the extension is demonstrated by the applicant.
    (2) For the duration of the trial burn, the operating requirements 
must be sufficient to demonstrate compliance with the performance 
standards of Sec. 264.343 and must be in accordance with the approved 
trial burn plan;
    (3) For the period immediately following completion of the trial 
burn, and only for the minimum period sufficient to allow sample 
analysis, data computation, and submission of the trial burn results by 
the applicant, and review of the trial burn results and modification of 
the facility permit by the Regional Administrator, the operating 
requirements must be those most likely to ensure compliance with the 
performance standards of Sec. 264.343, based on the Regional 
Administrator's engineering judgement.
    (4) For the remaining duration of the permit, the operating 
requirements must be those demonstrated, in a trial burn or by 
alternative data specified in Sec. 270.19(c) of this chapter, as 
sufficient to ensure compliance with the performance standards of Sec. 
264.343.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 
FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 40273, July 14, 
2006]



Sec. 264.345  Operating requirements.

    (a) An incinerator must be operated in accordance with operating 
requirements specified in the permit. These will be specified on a case-
by-case basis as those demonstrated (in a trial burn or in alternative 
data as specified in Sec. 264.344(b) and included with part B of a 
facility's permit application) to be sufficient to comply with the 
performance standards of Sec. 264.343.
    (b) Each set of operating requirements will specify the composition 
of the waste feed (including acceptable variations in the physical or 
chemical properties of the waste feed which will not affect compliance 
with the performance requirement of Sec. 264.343) to which the 
operating requirements apply. For each such waste feed, the permit will 
specify acceptable operating limits including the following conditions:
    (1) Carbon monoxide (CO) level in the stack exhaust gas;
    (2) Waste feed rate;
    (3) Combustion temperature;
    (4) An appropriate indicator of combustion gas velocity;
    (5) Allowable variations in incinerator system design or operating 
procedures; and
    (6) Such other operating requirements as are necessary to ensure 
that the performance standards of Sec. 264.343 are met.
    (c) During start-up and shut-down of an incinerator, hazardous waste 
(except wastes exempted in accordance with Sec. 264.340) must not be 
fed into the incinerator unless the incinerator is operating within the 
conditions of operation (temperature, air feed rate, etc.) specified in 
the permit.
    (d) Fugitive emissions from the combustion zone must be controlled 
by:
    (1) Keeping the combustion zone totally sealed against fugitive 
emissions; or
    (2) Maintaining a combustion zone pressure lower than atmospheric 
pressure; or
    (3) An alternate means of control demonstrated (with part B of the 
permit application) to provide fugitive emissions control equivalent to 
maintenance of combustion zone pressure lower than atmospheric pressure.
    (e) An incinerator must be operated with a functioning system to 
automatically cut off waste feed to the incinerator when operating 
conditions deviate from limits established under paragraph (a) of this 
section.
    (f) An incinerator must cease operation when changes in waste feed, 
incinerator design, or operating conditions exceed limits designated in 
its permit.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 50 
FR 4514, Jan. 31, 1985]



Sec. 264.346  [Reserved]



Sec. 264.347  Monitoring and inspections.

    (a) The owner or operator must conduct, as a minimum, the following 
monitoring while incinerating hazardous waste:

[[Page 490]]

    (1) Combustion temperature, waste feed rate, and the indicator of 
combustion gas velocity specified in the facility permit must be 
monitored on a continuous basis.
    (2) CO must be monitored on a continuous basis at a point in the 
incinerator downstream of the combustion zone and prior to release to 
the atmosphere.
    (3) Upon request by the Regional Administrator, sampling and 
analysis of the waste and exhaust emissions must be conducted to verify 
that the operating requirements established in the permit achieve the 
performance standards of Sec. 264.343.
    (b) The incinerator and associated equipment (pumps, valves, 
conveyors, pipes, etc.) must be subjected to thorough visual inspection, 
at least daily, for leaks, spills, fugitive emissions, and signs of 
tampering.
    (c) The emergency waste feed cutoff system and associated alarms 
must be tested at least weekly to verify operability, unless the 
applicant demonstrates to the Regional Administrator that weekly 
inspections will unduly restrict or upset operations and that less 
frequent inspection will be adequate. At a minimum, operational testing 
must be conducted at least monthly.
    (d) This monitoring and inspection data must be recorded and the 
records must be placed in the operating record required by Sec. 264.73 
of this part and maintained in the operating record for five years.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982; 50 
FR 4514, Jan. 31, 1985; 71 FR 16907, Apr. 4, 2006]



Sec. Sec. 264.348-264.350  [Reserved]



Sec. 264.351  Closure.

    At closure the owner or operator must remove all hazardous waste and 
hazardous waste residues (including, but not limited to, ash, scrubber 
waters, and scrubber sludges) from the incinerator site.

[Comment: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3(d) of 
this chapter, that the residue removed from the incinerator is not a 
hazardous waste, the owner or operator becomes a generator of hazardous 
waste and must manage it in accordance with applicable requirements of 
parts 262 through 266 of this chapter.]

[46 FR 7678, Jan. 23, 1981]

Subparts P-R [Reserved]



                Subpart S_Special Provisions for Cleanup



Sec. 264.550  Applicability of Corrective Action Management Unit (CAMU) 

regulations.

    (a) Except as provided in paragraph (b) of this section, CAMUs are 
subject to the requirements of Sec. 264.552.
    (b) CAMUs that were approved before April 22, 2002, or for which 
substantially complete applications (or equivalents) were submitted to 
the Agency on or before November 20, 2000, are subject to the 
requirements in Sec. 264.551 for grandfathered CAMUs; CAMU waste, 
activities, and design will not be subject to the standards in Sec. 
264.552, so long as the waste, activities, and design remain within the 
general scope of the CAMU as approved.

[67 FR 3024, Jan. 22, 2002]



Sec. 264.551  Grandfathered Corrective Action Management Units (CAMUs).

    (a) To implement remedies under Sec. 264.101 or RCRA Section 
3008(h), or to implement remedies at a permitted facility that is not 
subject to Sec. 264.101, the Regional Administrator may designate an 
area at the facility as a corrective action management unit under the 
requirements in this section. Corrective action management unit means an 
area within a facility that is used only for managing remediation wastes 
for implementing corrective action or cleanup at the facility. A CAMU 
must be located within the contiguous property under the control of the 
owner or operator where the wastes to be managed in the CAMU originated. 
One or more CAMUs may be designated at a facility.
    (1) Placement of remediation wastes into or within a CAMU does not 
constitute land disposal of hazardous wastes.
    (2) Consolidation or placement of remediation wastes into or within 
a

[[Page 491]]

CAMU does not constitute creation of a unit subject to minimum 
technology requirements.
    (b)(1) The Regional Administrator may designate a regulated unit (as 
defined in Sec. 264.90(a)(2)) as a CAMU, or may incorporate a regulated 
unit into a CAMU, if:
    (i) The regulated unit is closed or closing, meaning it has begun 
the closure process under Sec. 264.113 or Sec. 265.113; and
    (ii) Inclusion of the regulated unit will enhance implementation of 
effective, protective and reliable remedial actions for the facility.
    (2) The subpart F, G, and H requirements and the unit-specific 
requirements of part 264 or 265 that applied to that regulated unit will 
continue to apply to that portion of the CAMU after incorporation into 
the CAMU.
    (c) The Regional Administrator shall designate a CAMU in accordance 
with the following:
    (1) The CAMU shall facilitate the implementation of reliable, 
effective, protective, and cost-effective remedies;
    (2) Waste management activities associated with the CAMU shall not 
create unacceptable risks to humans or to the environment resulting from 
exposure to hazardous wastes or hazardous constituents;
    (3) The CAMU shall include uncontaminated areas of the facility, 
only if including such areas for the purpose of managing remediation 
waste is more protective than management of such wastes at contaminated 
areas of the facility;
    (4) Areas within the CAMU, where wastes remain in place after 
closure of the CAMU, shall be managed and contained so as to minimize 
future releases, to the extent practicable;
    (5) The CAMU shall expedite the timing of remedial activity 
implementation, when appropriate and practicable;
    (6) The CAMU shall enable the use, when appropriate, of treatment 
technologies (including innovative technologies) to enhance the long-
term effectiveness of remedial actions by reducing the toxicity, 
mobility, or volume of wastes that will remain in place after closure of 
the CAMU; and
    (7) The CAMU shall, to the extent practicable, minimize the land 
area of the facility upon which wastes will remain in place after 
closure of the CAMU.
    (d) The owner/operator shall provide sufficient information to 
enable the Regional Administrator to designate a CAMU in accordance with 
the criteria in Sec. 264.552.
    (e) The Regional Administrator shall specify, in the permit or 
order, requirements for CAMUs to include the following:
    (1) The areal configuration of the CAMU.
    (2) Requirements for remediation waste management to include the 
specification of applicable design, operation and closure requirements.
    (3) Requirements for ground water monitoring that are sufficient to:
    (i) Continue to detect and to characterize the nature, extent, 
concentration, direction, and movement of existing releases of hazardous 
constituents in ground water from sources located within the CAMU; and
    (ii) Detect and subsequently characterize releases of hazardous 
constituents to ground water that may occur from areas of the CAMU in 
which wastes will remain in place after closure of the CAMU.
    (4) Closure and post-closure requirements.
    (i) Closure of corrective action management units shall:
    (A) Minimize the need for further maintenance; and
    (B) Control, minimize, or eliminate, to the extent necessary to 
protect human health and the environment, for areas where wastes remain 
in place, post-closure escape of hazardous waste, hazardous 
constituents, leachate, contaminated runoff, or hazardous waste 
decomposition products to the ground, to surface waters, or to the 
atmosphere.
    (ii) Requirements for closure of CAMUs shall include the following, 
as appropriate and as deemed necessary by the Regional Administrator for 
a given CAMU:
    (A) Requirements for excavation, removal, treatment or containment 
of wastes;

[[Page 492]]

    (B) For areas in which wastes will remain after closure of the CAMU, 
requirements for capping of such areas; and
    (C) Requirements for removal and decontamination of equipment, 
devices, and structures used in remediation waste management activities 
within the CAMU.
    (iii) In establishing specific closure requirements for CAMUs under 
Sec. 264.552(e), the Regional Administrator shall consider the 
following factors:
    (A) CAMU characteristics;
    (B) Volume of wastes which remain in place after closure;
    (C) Potential for releases from the CAMU;
    (D) Physical and chemical characteristics of the waste;
    (E) Hydrological and other relevant environmental conditions at the 
facility which may influence the migration of any potential or actual 
releases; and
    (F) Potential for exposure of humans and environmental receptors if 
releases were to occur from the CAMU.
    (iv) Post-closure requirements as necessary to protect human health 
and the environment, to include, for areas where wastes will remain in 
place, monitoring and maintenance activities, and the frequency with 
which such activities shall be performed to ensure the integrity of any 
cap, final cover, or other containment system.
    (f) The Regional Administrator shall document the rationale for 
designating CAMUs and shall make such documentation available to the 
public.
    (g) Incorporation of a CAMU into an existing permit must be approved 
by the Regional Administrator according to the procedures for Agency-
initiated permit modifications under Sec. 270.41 of this chapter, or 
according to the permit modification procedures of Sec. 270.42 of this 
chapter.
    (h) The designation of a CAMU does not change EPA's existing 
authority to address clean-up levels, media-specific points of 
compliance to be applied to remediation at a facility, or other remedy 
selection decisions.

[58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998. 
Redesignated and amended at 67 FR 3025, Jan. 22, 2002]



Sec. 264.552  Corrective Action Management Units (CAMU).

    (a) To implement remedies under Sec. 264.101 or RCRA Section 
3008(h), or to implement remedies at a permitted facility that is not 
subject to Sec. 264.101, the Regional Administrator may designate an 
area at the facility as a corrective action management unit under the 
requirements in this section. Corrective action management unit means an 
area within a facility that is used only for managing CAMU-eligible 
wastes for implementing corrective action or cleanup at the facility. A 
CAMU must be located within the contiguous property under the control of 
the owner or operator where the wastes to be managed in the CAMU 
originated. One or more CAMUs may be designated at a facility.
    (1) CAMU-eligible waste means:
    (i) All solid and hazardous wastes, and all media (including ground 
water, surface water, soils, and sediments) and debris, that are managed 
for implementing cleanup. As-generated wastes (either hazardous or non-
hazardous) from ongoing industrial operations at a site are not CAMU-
eligible wastes.
    (ii) Wastes that would otherwise meet the description in paragraph 
(a)(1)(i) of this section are not ``CAMU-Eligible Wastes'' where:
    (A) The wastes are hazardous wastes found during cleanup in intact 
or substantially intact containers, tanks, or other non-land-based units 
found above ground, unless the wastes are first placed in the tanks, 
containers or non-land-based units as part of cleanup, or the containers 
or tanks are excavated during the course of cleanup; or
    (B) The Regional Administrator exercises the discretion in paragraph 
(a)(2) of this section to prohibit the wastes from management in a CAMU.
    (iii) Notwithstanding paragraph (a)(1)(i) of this section, where 
appropriate, as-generated non-hazardous waste may be placed in a CAMU 
where such waste is being used to facilitate treatment or the 
performance of the CAMU.
    (2) The Regional Administrator may prohibit, where appropriate, the 
placement of waste in a CAMU where the Regional Administrator has or 
receives information that such wastes have not

[[Page 493]]

been managed in compliance with applicable land disposal treatment 
standards of part 268 of this chapter, or applicable unit design 
requirements of this part, or applicable unit design requirements of 
part 265 of this chapter, or that non-compliance with other applicable 
requirements of this chapter likely contributed to the release of the 
waste.
    (3) Prohibition against placing liquids in CAMUs. (i) The placement 
of bulk or noncontainerized liquid hazardous waste or free liquids 
contained in hazardous waste (whether or not sorbents have been added) 
in any CAMU is prohibited except where placement of such wastes 
facilitates the remedy selected for the waste.
    (ii) The requirements in Sec. 264.314(d) for placement of 
containers holding free liquids in landfills apply to placement in a 
CAMU except where placement facilitates the remedy selected for the 
waste.
    (iii) The placement of any liquid which is not a hazardous waste in 
a CAMU is prohibited unless such placement facilitates the remedy 
selected for the waste or a demonstration is made pursuant to Sec. 
264.314(f).
    (iv) The absence or presence of free liquids in either a 
containerized or a bulk waste must be determined in accordance with 
Sec. 264.314(c). Sorbents used to treat free liquids in CAMUs must meet 
the requirements of Sec. 264.314(e).
    (4) Placement of CAMU-eligible wastes into or within a CAMU does not 
constitute land disposal of hazardous wastes.
    (5) Consolidation or placement of CAMU-eligible wastes into or 
within a CAMU does not constitute creation of a unit subject to minimum 
technology requirements.
    (b)(1) The Regional Administrator may designate a regulated unit (as 
defined in Sec. 264.90(a)(2)) as a CAMU, or may incorporate a regulated 
unit into a CAMU, if:
    (i) The regulated unit is closed or closing, meaning it has begun 
the closure process under Sec. 264.113 or Sec. 265.113 of this 
chapter; and
    (ii) Inclusion of the regulated unit will enhance implementation of 
effective, protective and reliable remedial actions for the facility.
    (2) The subpart F, G, and H requirements and the unit-specific 
requirements of this part 264 or part 265 of this chapter that applied 
to the regulated unit will continue to apply to that portion of the CAMU 
after incorporation into the CAMU.
    (c) The Regional Administrator shall designate a CAMU that will be 
used for storage and/or treatment only in accordance with paragraph (f) 
of this section. The Regional Administrator shall designate all other 
CAMUs in accordance with the following:
    (1) The CAMU shall facilitate the implementation of reliable, 
effective, protective, and cost-effective remedies;
    (2) Waste management activities associated with the CAMU shall not 
create unacceptable risks to humans or to the environment resulting from 
exposure to hazardous wastes or hazardous constituents;
    (3) The CAMU shall include uncontaminated areas of the facility, 
only if including such areas for the purpose of managing CAMU-eligible 
waste is more protective than management of such wastes at contaminated 
areas of the facility;
    (4) Areas within the CAMU, where wastes remain in place after 
closure of the CAMU, shall be managed and contained so as to minimize 
future releases, to the extent practicable;
    (5) The CAMU shall expedite the timing of remedial activity 
implementation, when appropriate and practicable;
    (6) The CAMU shall enable the use, when appropriate, of treatment 
technologies (including innovative technologies) to enhance the long-
term effectiveness of remedial actions by reducing the toxicity, 
mobility, or volume of wastes that will remain in place after closure of 
the CAMU; and
    (7) The CAMU shall, to the extent practicable, minimize the land 
area of the facility upon which wastes will remain in place after 
closure of the CAMU.
    (d) The owner/operator shall provide sufficient information to 
enable the Regional Administrator to designate a CAMU in accordance with 
the criteria

[[Page 494]]

in this section. This must include, unless not reasonably available, 
information on:
    (1) The origin of the waste and how it was subsequently managed 
(including a description of the timing and circumstances surrounding the 
disposal and/or release);
    (2) Whether the waste was listed or identified as hazardous at the 
time of disposal and/or release; and
    (3) Whether the disposal and/or release of the waste occurred before 
or after the land disposal requirements of part 268 of this chapter were 
in effect for the waste listing or characteristic.
    (e) The Regional Administrator shall specify, in the permit or 
order, requirements for CAMUs to include the following:
    (1) The areal configuration of the CAMU.
    (2) Except as provided in paragraph (g) of this section, 
requirements for CAMU-eligible waste management to include the 
specification of applicable design, operation, treatment and closure 
requirements.
    (3) Minimum design requirements. CAMUs, except as provided in 
paragraph (f) of this section, into which wastes are placed must be 
designed in accordance with the following:
    (i) Unless the Regional Administrator approves alternate 
requirements under paragraph (e)(3)(ii) of this section, CAMUs that 
consist of new, replacement, or laterally expanded units must include a 
composite liner and a leachate collection system that is designed and 
constructed to maintain less than a 30-cm depth of leachate over the 
liner. For purposes of this section, composite liner means a system 
consisting of two components; the upper component must consist of a 
minimum 30-mil flexible membrane liner (FML), and the lower component 
must consist of at least a two-foot layer of compacted soil with a 
hydraulic conductivity of no more than 1x10-7 cm/sec. FML components 
consisting of high density polyethylene (HDPE) must be at least 60 mil 
thick. The FML component must be installed in direct and uniform contact 
with the compacted soil component;
    (ii) Alternate requirements. The Regional Administrator may approve 
alternate requirements if:
    (A) The Regional Administrator finds that alternate design and 
operating practices, together with location characteristics, will 
prevent the migration of any hazardous constituents into the ground 
water or surface water at least as effectively as the liner and leachate 
collection systems in paragraph (e)(3)(i) of this section; or
    (B) The CAMU is to be established in an area with existing 
significant levels of contamination, and the Regional Administrator 
finds that an alternative design, including a design that does not 
include a liner, would prevent migration from the unit that would exceed 
long-term remedial goals.
    (4) Minimum treatment requirements: Unless the wastes will be placed 
in a CAMU for storage and/or treatment only in accordance with paragraph 
(f) of this section, CAMU-eligible wastes that, absent this section, 
would be subject to the treatment requirements of part 268 of this 
chapter, and that the Regional Administrator determines contain 
principal hazardous constituents must be treated to the standards 
specified in paragraph (e)(4)(iii) of this section.
    (i) Principal hazardous constituents are those constituents that the 
Regional Administrator determines pose a risk to human health and the 
environment substantially higher than the cleanup levels or goals at the 
site.
    (A) In general, the Regional Administrator will designate as 
principal hazardous constituents:
    (1) Carcinogens that pose a potential direct risk from ingestion or 
inhalation at the site at or above 10-\3\; and
    (2) Non-carcinogens that pose a potential direct risk from ingestion 
or inhalation at the site an order of magnitude or greater over their 
reference dose.
    (B) The Regional Administrator will also designate constituents as 
principal hazardous constituents, where appropriate, when risks to human 
health and the environment posed by the potential migration of 
constituents in wastes to ground water are substantially higher than 
cleanup levels or goals at the site; when making such a designation, the

[[Page 495]]

Regional Administrator may consider such factors as constituent 
concentrations, and fate and transport characteristics under site 
conditions.
    (C) The Regional Administrator may also designate other constituents 
as principal hazardous constituents that the Regional Administrator 
determines pose a risk to human health and the environment substantially 
higher than the cleanup levels or goals at the site.
    (ii) In determining which constituents are ``principal hazardous 
constituents,'' the Regional Administrator must consider all 
constituents which, absent this section, would be subject to the 
treatment requirements in 40 CFR part 268.
    (iii) Waste that the Regional Administrator determines contains 
principal hazardous constituents must meet treatment standards 
determined in accordance with paragraph (e)(4)(iv) or (e)(4)(v) of this 
section.
    (iv) Treatment standards for wastes placed in CAMUs.
    (A) For non-metals, treatment must achieve 90 percent reduction in 
total principal hazardous constituent concentrations, except as provided 
by paragraph (e)(4)(iv)(C) of this section.
    (B) For metals, treatment must achieve 90 percent reduction in 
principal hazardous constituent concentrations as measured in leachate 
from the treated waste or 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 
(e)(4)(iv)(C) of this section.
    (C) When treatment of any principal hazardous constituent 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 Sec. 268.48 Table UTS of this chapter.
    (D) For waste exhibiting the hazardous characteristic of 
ignitability, corrosivity or reactivity, the waste must also be treated 
to eliminate these characteristics.
    (E) For debris, the debris must be treated in accordance with Sec. 
268.45 of this chapter, or by methods or to levels established under 
paragraphs (e)(4)(iv)(A) through (D) or paragraph (e)(4)(v) of this 
section, whichever the Regional Administrator determines is appropriate.
    (F) Alternatives to TCLP. For metal bearing wastes for which metals 
removal treatment is not used, the Regional Administrator may specify a 
leaching test other than the TCLP (SW846 Method 1311, 40 CFR 
260.11(a)(11)) to measure treatment effectiveness, provided the Regional 
Administrator determines that an alternative leach testing protocol is 
appropriate for use, and that the alternative more accurately reflects 
conditions at the site that affect leaching.
    (v) Adjusted standards. The Regional Administrator may adjust the 
treatment level or method in paragraph (e)(4)(iv) of this section to a 
higher or lower level, based on one or more of the following factors, as 
appropriate. The adjusted level or method must be protective of human 
health and the environment:
    (A) The technical impracticability of treatment to the levels or by 
the methods in paragraph (e)(4)(iv) of this section;
    (B) The levels or methods in paragraph (e)(4)(iv) of this section 
would result in concentrations of principal hazardous constituents 
(PHCs) that are significantly above or below cleanup standards 
applicable to the site (established either site-specifically, or 
promulgated under state or federal law);
    (C) The views of the affected local community on the treatment 
levels or methods in paragraph (e)(4)(iv) of this section as applied at 
the site, and, for treatment levels, the treatment methods necessary to 
achieve these levels;
    (D) The short-term risks presented by the on-site treatment method 
necessary to achieve the levels or treatment methods in paragraph 
(e)(4)(iv) of this section;
    (E) The long-term protection offered by the engineering design of 
the CAMU and related engineering controls:
    (1) Where the treatment standards in paragraph (e)(4)(iv) of this 
section are substantially met and the principal

[[Page 496]]

hazardous constituents in the waste or residuals are of very low 
mobility; or
    (2) Where cost-effective treatment has been used and the CAMU meets 
the Subtitle C liner and leachate collection requirements for new land 
disposal units at Sec. 264.301(c) and (d); or
    (3) Where, after review of appropriate treatment technologies, the 
Regional Administrator determines that cost-effective treatment is not 
reasonably available, and the CAMU meets the Subtitle C liner and 
leachate collection requirements for new land disposal units at Sec. 
264.301(c) and (d); or
    (4) Where cost-effective treatment has been used and the principal 
hazardous constituents in the treated wastes are of very low mobility; 
or
    (5) Where, after review of appropriate treatment technologies, the 
Regional Administrator determines that cost-effective treatment is not 
reasonably available, the principal hazardous constituents in the wastes 
are of very low mobility, and either the CAMU meets or exceeds the liner 
standards for new, replacement, or laterally expanded CAMUs in 
paragraphs (e)(3)(i) and (ii) of this section, or the CAMU provides 
substantially equivalent or greater protection.
    (vi) The treatment required by the treatment standards must be 
completed prior to, or within a reasonable time after, placement in the 
CAMU.
    (vii) For the purpose of determining whether wastes placed in CAMUs 
have met site-specific treatment standards, the Regional Administrator 
may, as appropriate, specify a subset of the principal hazardous 
constituents in the waste as analytical surrogates for determining 
whether treatment standards have been met for other principal hazardous 
constituents. This specification will be based on the degree of 
difficulty of treatment and analysis of constituents with similar 
treatment properties.
    (5) Except as provided in paragraph (f) of this section, 
requirements for ground water monitoring and corrective action that are 
sufficient to:
    (i) Continue to detect and to characterize the nature, extent, 
concentration, direction, and movement of existing releases of hazardous 
constituents in ground water from sources located within the CAMU; and
    (ii) Detect and subsequently characterize releases of hazardous 
constituents to ground water that may occur from areas of the CAMU in 
which wastes will remain in place after closure of the CAMU; and
    (iii) Require notification to the Regional Administrator and 
corrective action as necessary to protect human health and the 
environment for releases to ground water from the CAMU.
    (6) Except as provided in paragraph (f) of this section, closure and 
post-closure requirements:
    (i) Closure of corrective action management units shall:
    (A) Minimize the need for further maintenance; and
    (B) Control, minimize, or eliminate, to the extent necessary to 
protect human health and the environment, for areas where wastes remain 
in place, post-closure escape of hazardous wastes, hazardous 
constituents, leachate, contaminated runoff, or hazardous waste 
decomposition products to the ground, to surface waters, or to the 
atmosphere.
    (ii) Requirements for closure of CAMUs shall include the following, 
as appropriate and as deemed necessary by the Regional Administrator for 
a given CAMU:
    (A) Requirements for excavation, removal, treatment or containment 
of wastes; and
    (B) Requirements for removal and decontamination of equipment, 
devices, and structures used in CAMU-eligible waste management 
activities within the CAMU.
    (iii) In establishing specific closure requirements for CAMUs under 
paragraph (e) of this section, the Regional Administrator shall consider 
the following factors:
    (A) CAMU characteristics;
    (B) Volume of wastes which remain in place after closure;
    (C) Potential for releases from the CAMU;
    (D) Physical and chemical characteristics of the waste;
    (E) Hydrogeological and other relevant environmental conditions at 
the

[[Page 497]]

facility which may influence the migration of any potential or actual 
releases; and
    (F) Potential for exposure of humans and environmental receptors if 
releases were to occur from the CAMU.
    (iv) Cap requirements:
    (A) At final closure of the CAMU, for areas in which wastes will 
remain after closure of the CAMU, with constituent concentrations at or 
above remedial levels or goals applicable to the site, the owner or 
operator must cover the CAMU with a final cover designed and constructed 
to meet the following performance criteria, except as provided in 
paragraph (e)(6)(iv)(B) of this section:
    (1) Provide long-term minimization of migration of liquids through 
the closed unit;
    (2) Function with minimum maintenance;
    (3) Promote drainage and minimize erosion or abrasion of the cover;
    (4) Accommodate settling and subsidence so that the cover's 
integrity is maintained; and
    (5) Have a permeability less than or equal to the permeability of 
any bottom liner system or natural subsoils present.
    (B) The Regional Administrator may determine that modifications to 
paragraph (e)(6)(iv)(A) of this section are needed to facilitate 
treatment or the performance of the CAMU (e.g., to promote 
biodegradation).
    (v) Post-closure requirements as necessary to protect human health 
and the environment, to include, for areas where wastes will remain in 
place, monitoring and maintenance activities, and the frequency with 
which such activities shall be performed to ensure the integrity of any 
cap, final cover, or other containment system.
    (f) CAMUs used for storage and/or treatment only are CAMUs in which 
wastes will not remain after closure. Such CAMUs must be designated in 
accordance with all of the requirements of this section, except as 
follows.
    (1) CAMUs that are used for storage and/or treatment only and that 
operate in accordance with the time limits established in the staging 
pile regulations at Sec. 264.554(d)(1)(iii), (h), and (i) are subject 
to the requirements for staging piles at Sec. 264.554(d)(1)(i) and 
(ii), Sec. 264.554(d)(2), Sec. 264.554(e) and (f), and Sec. 
264.554(j) and (k) in lieu of the performance standards and requirements 
for CAMUs in this section at paragraphs (c) and (e)(3) through (6).
    (2) CAMUs that are used for storage and/or treatment only and that 
do not operate in accordance with the time limits established in the 
staging pile regulations at Sec. 264.554(d)(1)(iii), (h), and (i):
    (i) Must operate in accordance with a time limit, established by the 
Regional Administrator, that is no longer than necessary to achieve a 
timely remedy selected for the waste, and
    (ii) Are subject to the requirements for staging piles at Sec. 
264.554(d)(1)(i) and (ii), Sec. 264.554(d)(2), Sec. 264.554(e) and 
(f), and Sec. 264.554(j) and (k) in lieu of the performance standards 
and requirements for CAMUs in this section at paragraphs (c) and (e)(4) 
and (6).
    (g) CAMUs into which wastes are placed where all wastes have 
constituent levels at or below remedial levels or goals applicable to 
the site do not have to comply with the requirements for liners at 
paragraph (e)(3)(i) of this section, caps at paragraph (e)(6)(iv) of 
this section, ground water monitoring requirements at paragraph (e)(5) 
of this section or, for treatment and/or storage-only CAMUs, the design 
standards at paragraph (f) of this section.
    (h) The Regional Administrator shall provide public notice and a 
reasonable opportunity for public comment before designating a CAMU. 
Such notice shall include the rationale for any proposed adjustments 
under paragraph (e)(4)(v) of this section to the treatment standards in 
paragraph (e)(4)(iv) of this section.
    (i) Notwithstanding any other provision of this section, the 
Regional Administrator may impose additional requirements as necessary 
to protect human health and the environment.
    (j) Incorporation of a CAMU into an existing permit must be approved 
by the Regional Administrator according to the procedures for Agency-
initiated permit modifications under Sec. 270.41 of this chapter, or 
according to the permit modification procedures of Sec. 270.42 of this 
chapter.

[[Page 498]]

    (k) The designation of a CAMU does not change EPA's existing 
authority to address clean-up levels, media-specific points of 
compliance to be applied to remediation at a facility, or other remedy 
selection decisions.

[67 FR 3025, Jan. 22, 2002, as amended at 71 FR 40273, July 14, 2006]



Sec. 264.553  Temporary Units (TU).

    (a) For temporary tanks and container storage areas used to treat or 
store hazardous remediation wastes during remedial activities required 
under Sec. 264.101 or RCRA 3008(h), or at a permitted facility that is 
not subject to Sec. 264.101, the Regional Administrator may designate a 
unit at the facility, as a temporary unit. A temporary unit must be 
located within the contiguous property under the control of the owner/
operator where the wastes to be managed in the temporary unit 
originated. For temporary units, the Regional Administrator may replace 
the design, operating, or closure standard applicable to these units 
under this part 264 or part 265 of this chapter with alternative 
requirements which protect human health and the environment.
    (b) Any temporary unit to which alternative requirements are applied 
in accordance with paragraph (a) of this section shall be:
    (1) Located within the facility boundary; and
    (2) Used only for treatment or storage of remediation wastes.
    (c) In establishing standards to be applied to a temporary unit, the 
Regional Administrator shall consider the following factors:
    (1) Length of time such unit will be in operation;
    (2) Type of unit;
    (3) Volumes of wastes to be managed;
    (4) Physical and chemical characteristics of the wastes to be 
managed in the unit;
    (5) Potential for releases from the unit;
    (6) Hydrogeological and other relevant environmental conditions at 
the facility which may influence the migration of any potential 
releases; and
    (7) Potential for exposure of humans and environmental receptors if 
releases were to occur from the unit.
    (d) The Regional Administrator shall specify in the permit or order 
the length of time a temporary unit will be allowed to operate, to be no 
longer than a period of one year. The Regional Administrator shall also 
specify the design, operating, and closure requirements for the unit.
    (e) The Regional Administrator may extend the operational period of 
a temporary unit once for no longer than a period of one year beyond 
that originally specified in the permit or order, if the Regional 
Administrator determines that:
    (1) Continued operation of the unit will not pose a threat to human 
health and the environment; and
    (2) Continued operation of the unit is necessary to ensure timely 
and efficient implementation of remedial actions at the facility.
    (f) Incorporation of a temporary unit or a time extension for a 
temporary unit into an existing permit shall be:
    (1) Approved in accordance with the procedures for Agency-initiated 
permit modifications under Sec. 270.41; or
    (2) Requested by the owner/operator as a Class II modification 
according to the procedures under Sec. 270.42 of this chapter.
    (g) The Regional Administrator shall document the rationale for 
designating a temporary unit and for granting time extensions for 
temporary units and shall make such documentation available to the 
public.

[58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998; 71 
FR 40273, July 14, 2006]



Sec. 264.554  Staging piles.

    This section 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 ``I'' and ``you'' refer to the owner/operator.
    (a) What is a staging pile? A staging pile is an accumulation of 
solid, non-flowing remediation waste (as defined in Sec. 260.10 of this 
chapter) that is not a containment building and is used only during 
remedial operations for temporary storage at a facility. A staging

[[Page 499]]

pile must be located within the contiguous property under the control of 
the owner/operator where the wastes to be managed in the staging pile 
originated. Staging piles must be designated by the Director according 
to the requirements in this section.
    (1) For the purposes of this section, storage includes mixing, 
sizing, blending, or other similar physical operations as long as they 
are intended to prepare the wastes for subsequent management or 
treatment.
    (2) [Reserved]
    (b) When may I use a staging pile? You may use a staging pile to 
store hazardous remediation waste (or remediation waste otherwise 
subject to land disposal restrictions) only if you follow the standards 
and design criteria the Director has designated for that staging pile. 
The Director must designate the staging pile in a permit or, at an 
interim status facility, in a closure plan or order (consistent with 
Sec. 270.72(a)(5) and (b)(5) of this chapter). The Director must 
establish conditions in the permit, closure plan, or order that comply 
with paragraphs (d) through (k) of this section.
    (c) What information must I provide to get a staging pile 
designated? When seeking a staging pile designation, you must provide:
    (1) Sufficient and accurate information to enable the Director to 
impose standards and design criteria for your staging pile according to 
paragraphs (d) through (k) of this section;
    (2) Certification by a qualified Professional Engineer for technical 
data, such as design drawings and specifications, and engineering 
studies, unless the Director determines, based on information that you 
provide, that this certification is not necessary to ensure that a 
staging pile will protect human health and the environment; and
    (3) Any additional information the Director determines is necessary 
to protect human health and the environment.
    (d) What performance criteria must a staging pile satisfy? The 
Director must establish the standards and design criteria for the 
staging pile in the permit, closure plan, or order.
    (1) The standards and design criteria must comply with the 
following:
    (i) The staging pile must facilitate a reliable, effective and 
protective remedy;
    (ii) The staging pile must be designed so as to prevent or minimize 
releases of hazardous wastes and hazardous constituents into the 
environment, and minimize or adequately control cross-media transfer, as 
necessary to protect human health and the environment (for example, 
through the use of liners, covers, run-off/run-on controls, as 
appropriate); and
    (iii) The staging pile must not operate for more than two years, 
except when the Director grants an operating term extension under 
paragraph (i) of this section (entitled ``May I receive an operating 
extension for a staging pile?''). You must measure the two-year limit, 
or other operating term specified by the Director in the permit, closure 
plan, or order, from the first time you place remediation waste into a 
staging pile. You must maintain a record of the date when you first 
placed remediation waste into the staging pile for the life of the 
permit, closure plan, or order, or for three years, whichever is longer.
    (2) In setting the standards and design criteria, the Director must 
consider the following factors:
    (i) Length of time the pile will be in operation;
    (ii) Volumes of wastes you intend to store in the pile;
    (iii) Physical and chemical characteristics of the wastes to be 
stored in the unit;
    (iv) Potential for releases from the unit;
    (v) Hydrogeological and other relevant environmental conditions at 
the facility that may influence the migration of any potential releases; 
and
    (vi) Potential for human and environmental exposure to potential 
releases from the unit;
    (e) May a staging pile receive ignitable or reactive remediation 
waste? You must not place ignitable or reactive remediation waste in a 
staging pile unless:
    (1) You have treated, rendered or mixed the remediation waste before 
you placed it in the staging pile so that:

[[Page 500]]

    (i) The remediation waste no longer meets the definition of 
ignitable or reactive under Sec. 261.21 or Sec. 261.23 of this 
chapter; and
    (ii) You have complied with Sec. 264.17(b); or
    (2) You manage the remediation waste to protect it from exposure to 
any material or condition that may cause it to ignite or react.
    (f) How do I handle incompatible remediation wastes in a staging 
pile? The term ``incompatible waste'' is defined in Sec. 260.10 of this 
chapter. You must comply with the following requirements for 
incompatible wastes in staging piles:
    (1) You must not place incompatible remediation wastes in the same 
staging pile unless you have complied with Sec. 264.17(b);
    (2) If remediation waste in a staging pile is incompatible with any 
waste or material stored nearby in containers, other piles, open tanks 
or land disposal units (for example, surface impoundments), you must 
separate the incompatible materials, or protect them from one another by 
using a dike, berm, wall or other device; and
    (3) You must not pile remediation waste on the same base where 
incompatible wastes or materials were previously piled, unless the base 
has been decontaminated sufficiently to comply with Sec. 264.17(b).
    (g) Are staging piles subject to Land Disposal Restrictions (LDR) 
and Minimum Technological Requirements (MTR)? No. Placing hazardous 
remediation wastes into a staging pile does not constitute land disposal 
of hazardous wastes or create a unit that is subject to the minimum 
technological requirements of RCRA 3004(o).
    (h) How long may I operate a staging pile? The Director may allow a 
staging pile to operate for up to two years after hazardous remediation 
waste is first placed into the pile. You must use a staging pile no 
longer than the length of time designated by the Director in the permit, 
closure plan, or order (the ``operating term''), except as provided in 
paragraph (i) of this section.
    (i) May I receive an operating extension for a staging pile? (1) The 
Director may grant one operating term extension of up to 180 days beyond 
the operating term limit contained in the permit, closure plan, or order 
(see paragraph (l) of this section for modification procedures). To 
justify to the Director the need for an extension, you must provide 
sufficient and accurate information to enable the Director to determine 
that continued operation of the staging pile:
    (i) Will not pose a threat to human health and the environment; and
    (ii) Is necessary to ensure timely and efficient implementation of 
remedial actions at the facility.
    (2) The Director may, as a condition of the extension, specify 
further standards and design criteria in the permit, closure plan, or 
order, as necessary, to ensure protection of human health and the 
environment.
    (j) What is the closure requirement for a staging pile located in a 
previously contaminated area? (1) Within 180 days after the operating 
term of the staging pile expires, you must close a staging pile located 
in a previously contaminated area of the site by removing or 
decontaminating all:
    (i) Remediation waste;
    (ii) Contaminated containment system components; and
    (iii) Structures and equipment contaminated with waste and leachate.
    (2) You must also decontaminate contaminated subsoils in a manner 
and according to a schedule that the Director determines will protect 
human health and the environment.
    (3) The Director must include the above requirements in the permit, 
closure plan, or order in which the staging pile is designated.
    (k) What is the closure requirement for a staging pile located in an 
uncontaminated area? (1) Within 180 days after the operating term of the 
staging pile expires, you must close a staging pile located in an 
uncontaminated area of the site according to Sec. Sec. 264.258(a) and 
264.111; or according to Sec. Sec. 265.258(a) and 265.111 of this 
chapter.
    (2) The Director must include the above requirement in the permit, 
closure plan, or order in which the staging pile is designated.
    (l) How may my existing permit (for example, RAP), closure plan, or 
order be modified to allow me to use a staging pile?

[[Page 501]]

(1) To modify a permit, other than a RAP, to incorporate a staging pile 
or staging pile operating term extension, either:
    (i) The Director must approve the modification under the procedures 
for Agency-initiated permit modifications in Sec. 270.41 of this 
chapter; or
    (ii) You must request a Class 2 modification under Sec. 270.42 of 
this chapter.
    (2) To modify a RAP to incorporate a staging pile or staging pile 
operating term extension, you must comply with the RAP modification 
requirements under Sec. Sec. 270.170 and 270.175 of this chapter.
    (3) To modify a closure plan to incorporate a staging pile or 
staging pile operating term extension, you must follow the applicable 
requirements under Sec. 264.112(c) or Sec. 265.112(c) of this chapter.
    (4) To modify an order to incorporate a staging pile or staging pile 
operating term extension, you must follow the terms of the order and the 
applicable provisions of Sec. 270.72(a)(5) or (b)(5) of this chapter.
    (m) Is information about the staging pile available to the public? 
The Director must document the rationale for designating a staging pile 
or staging pile operating term extension and make this documentation 
available to the public.

[63 FR 65939, Nov. 30, 1998, as amended at 67 FR 3028, Jan. 22, 2002; 71 
FR 16907, Apr. 4, 2006; 71 FR 40273, July 14, 2006]



Sec. 264.555  Disposal of CAMU-eligible wastes in permitted hazardous waste 

landfills.

    (a) The Regional Administrator with regulatory oversight at the 
location where the cleanup is taking place may approve placement of 
CAMU-eligible wastes in hazardous waste landfills not located at the 
site from which the waste originated, without the wastes meeting the 
requirements of RCRA 40 CFR part 268, if the conditions in paragraphs 
(a)(1) through (3) of this section are met:
    (1) The waste meets the definition of CAMU-eligible waste in Sec. 
264.552(a)(1) and (2).
    (2) The Regional Administrator with regulatory oversight at the 
location where the cleanup is taking place identifies principal 
hazardous constitutes in such waste, in accordance with Sec. 
264.552(e)(4)(i) and (ii), and requires that such principal hazardous 
constituents are treated to any of the following standards specified for 
CAMU-eligible wastes:
    (i) The treatment standards under Sec. 264.552(e)(4)(iv); or
    (ii) Treatment standards adjusted in accordance with Sec. 
264.552(e)(4)(v)(A), (C), (D) or (E)(1); or
    (iii) Treatment standards adjusted in accordance with Sec. 
264.552(e)(4)(v)(E)(2), where treatment has been used and that treatment 
significantly reduces the toxicity or mobility of the principal 
hazardous constituents in the waste, minimizing the short-term and long-
term threat posed by the waste, including the threat at the remediation 
site.
    (3) The landfill receiving the CAMU-eligible waste must have a RCRA 
hazardous waste permit, meet the requirements for new landfills in 
Subpart N of this part, and be authorized to accept CAMU-eligible 
wastes; for the purposes of this requirement, ``permit'' does not 
include interim status.
    (b) The person seeking approval shall provide sufficient information 
to enable the Regional Administrator with regulatory oversight at the 
location where the cleanup is taking place to approve placement of CAMU-
eligible waste in accordance with paragraph (a) of this section. 
Information required by Sec. 264.552(d)(1) through (3) for CAMU 
applications must be provided, unless not reasonably available.
    (c) The Regional Administrator with regulatory oversight at the 
location where the cleanup is taking place shall provide public notice 
and a reasonable opportunity for public comment before approving CAMU 
eligible waste for placement in an off-site permitted hazardous waste 
landfill, consistent with the requirements for CAMU approval at Sec. 
264.552(h). The approval must be specific to a single remediation.
    (d) Applicable hazardous waste management requirements in this part, 
including recordkeeping requirements to demonstrate compliance with 
treatment standards approved under this section, for CAMU-eligible waste 
must be incorporated into the receiving facility permit through permit 
issuance

[[Page 502]]

or a permit modification, providing notice and an opportunity for 
comment and a hearing. Notwithstanding 40 CFR 270.4(a), a landfill may 
not receive hazardous CAMU-eligible waste under this section unless its 
permit specifically authorizes receipt of such waste.
    (e) For each remediation, CAMU-eligible waste may not be placed in 
an off-site landfill authorized to receive CAMU-eligible waste in 
accordance with paragraph (d) of this section until the following 
additional conditions have been met:
    (1) The landfill owner/operator notifies the Regional Administrator 
responsible for oversight of the landfill and persons on the facility 
mailing list, maintained in accordance with 40 CFR 124.10(c)(1)(ix), of 
his or her intent to receive CAMU-eligible waste in accordance with this 
section; the notice must identify the source of the remediation waste, 
the principal hazardous constituents in the waste, and treatment 
requirements.
    (2) Persons on the facility mailing list may provide comments, 
including objections to the receipt of the CAMU-eligible waste, to the 
Regional Administrator within 15 days of notification.
    (3) The Regional Administrator may object to the placement of the 
CAMU-eligible waste in the landfill within 30 days of notification; the 
Regional Administrator may extend the review period an additional 30 
days because of public concerns or insufficient information.
    (4) CAMU-eligible wastes may not be placed in the landfill until the 
Regional Administrator has notified the facility owner/operator that he 
or she does not object to its placement.
    (5) If the Regional Administrator objects to the placement or does 
not notify the facility owner/operator that he or she has chosen not to 
object, the facility may not receive the waste, notwithstanding 40 CFR 
270.4(a), until the objection has been resolved, or the owner/operator 
obtains a permit modification in accordance with the procedures of Sec. 
270.42 specifically authorizing receipt of the waste.
    (6) As part of the permit issuance or permit modification process of 
paragraph (d) of this section, the Regional Administrator may modify, 
reduce, or eliminate the notification requirements of this paragraph as 
they apply to specific categories of CAMU-eligible waste, based on 
minimal risk.
    (f) Generators of CAMU-eligible wastes sent off-site to a hazardous 
waste landfill under this section must comply with the requirements of 
40 CFR 268.7(a)(4); off-site facilities treating CAMU-eligible wastes to 
comply with this section must comply with the requirements of Sec. 
268.7(b)(4), except that the certification must be with respect to the 
treatment requirements of paragraph (a)(2) of this section.
    (g) For the purposes of this section only, the ``design of the 
CAMU'' in 40 CFR 264.552(e)(4)(v)(E) means design of the permitted 
Subtitle C landfill.

[67 FR 3028, Jan. 22, 2002, as amended at 71 FR 40274, July 14, 2006]

Subparts T-V [Reserved]



                           Subpart W_Drip Pads

    Source: 56 FR 30196, July 1, 1991, unless otherwise noted.



Sec. 264.570  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of facilities that use new or existing drip pads to convey treated wood 
drippage, precipitation, and/or surface water run-off to an associated 
collection system. Existing drip pads are those constructed before 
December 6, 1990 and those for which the owner or operator has a design 
and has entered into binding financial or other agreements for 
construction prior to December 6, 1990. All other drip pads are new drip 
pads. The requirement at Sec. 264.573(b)(3) to install a leak 
collection system applies only to those drip pads that are constructed 
after December 24, 1992 except for those constructed after December 24, 
1992 for which the owner or operator has a design and has entered into 
binding financial or other agreements for construction prior to December 
24, 1992.
    (b) The owner or operator of any drip pad that is inside or under a 
structure that provides protection from precipitation so that neither 
run-off nor run-

[[Page 503]]

on is generated is not subject to regulation under Sec. 264.573(e) or 
Sec. 264.573(f), as appropriate.
    (c) The requirements of this subpart are not applicable to the 
management of infrequent and incidental drippage in storage yards 
provided that:
    (1) The owner or operator maintains and complies with a written 
contingency plan that describes how the owner or operator will respond 
immediately to the discharge of such infrequent and incidental drippage. 
At a minimum, the contingency plan must describe how the owner or 
operator will do the following:
    (i) Clean up the drippage;
    (ii) Document the cleanup of the drippage;
    (iii) Retain documents regarding cleanup for three years; and
    (iv) Manage the contaminated media in a manner consistent with 
Federal regulations.

[56 FR 30196, July 1, 1991, as amended at 57 FR 61502, Dec. 24, 1992]



Sec. 264.571  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec. 264.570 of this 
subpart, the owner or operator must evaluate the drip pad and determine 
whether it meets all of the requirements of this subpart, except the 
requirements for liners and leak detection systems of Sec. 264.573(b). 
No later than the effective date of this rule, the owner or operator 
must obtain and keep on file at the facility a written assessment of the 
drip pad, reviewed and certified by a qualified Professional Engineer 
that attests to the results of the evaluation. The assessment must be 
reviewed, updated and re-certified annually until all upgrades, repairs, 
or modifications necessary to achieve compliance with all the standards 
of Sec. 264.573 are complete. The evaluation must document the extent 
to which the drip pad meets each of the design and operating standards 
of Sec. 264.573, except the standards for liners and leak detection 
systems, specified in Sec. 264.573(b).
    (b) The owner or operator must develop a written plan for upgrading, 
repairing, and modifying the drip pad to meet the requirements of Sec. 
264.573(b) and submit the plan to the Regional Administrator no later 
than 2 years before the date that all repairs, upgrades, and 
modifications are complete. This written plan must describe all changes 
to be made to the drip pad in sufficient detail to document compliance 
with all the requirements of Sec. 264.573. The plan must be reviewed 
and certified by a qualified Professional Engineer.
    (c) Upon completion of all upgrades, repairs, and modifications, the 
owner or operator must submit to the Regional Administrator or state 
Director, the as-built drawings for the drip pad together with a 
certification by a qualified Professional Engineer attesting that the 
drip pad conforms to the drawings.
    (d) If the drip pad is found to be leaking or unfit for use, the 
owner or operator must comply with the provisions of Sec. 264.573 (m) 
of this subpart or close the drip pad in accordance with Sec. 264.575 
of this subpart.

[56 FR 30196, July 1, 1991, as amended at 57 FR 61503, Dec. 24, 1992; 71 
FR 16907, Apr. 4, 2006]



Sec. 264.572  Design and installation of new drip pads.

    Owners and operators of new drip pads must ensure that the pads are 
designed, installed, and operated in accordance with one of the 
following:
    (a) all of the requirements of Sec. Sec. 264.573 (except 
264.573(a)(4)), 264.574 and 264.575 of this subpart, or
    (b) all of the requirements of Sec. Sec. 264.573 (except Sec. 
264.573(b)), 264.574 and 264.575 of this subpart.

[57 FR 61503, Dec. 24, 1992]



Sec. 264.573  Design and operating requirements.

    (a) Drip pads must:
    (1) Be constructed of non-earthen materials, excluding wood and non-
structurally supported asphalt;
    (2) Be sloped to free-drain treated wood drippage, rain and other 
waters, or solutions of drippage and water or other wastes to the 
associated collection system;
    (3) Have a curb or berm around the perimeter;
    (4)(i) Have a hydraulic conductivity of less than or equal to 1x10-
\7\ centimeters per second, e.g., existing concrete drip pads must be 
sealed, coated,

[[Page 504]]

or covered with a surface material with a hydraulic conductivity of less 
than or equal to 1x10-\7\ centimeters per second such that the entire 
surface where drippage occurs or may run across is capable of containing 
such drippage and mixtures of drippage and precipitation, materials, or 
other wastes while being routed to an associated collection system. This 
surface material must be maintained free of cracks and gaps that could 
adversely affect its hydraulic conductivity, and the material must be 
chemically compatible with the preservatives that contact the drip pad. 
The requirements of this provision apply only to existing drip pads and 
those drip pads for which the owner or operator elects to comply with 
Sec. 264.572(b) instead of Sec. 264.572(a).
    (ii) The owner or operator must obtain and keep on file at the 
facility a written assessment of the drip pad, reviewed and certified by 
a qualified Professional Engineer that attests to the results of the 
evaluation. The assessment must be reviewed, updated and recertified 
annually. The evaluation must document the extent to which the drip pad 
meets the design and operating standards of this section, except for 
paragraph (b) of this section.
    (5) Be of sufficient structural strength and thickness to prevent 
failure due to physical contact, climatic conditions, the stress of 
daily operations, e.g., variable and moving loads such as vehicle 
traffic, movement of wood, etc.

[Note: EPA will generally consider applicable standards established by 
professional organizations generally recognized by the industry such as 
the American Concrete Institute (ACI) or the American Society of Testing 
and Materials (ASTM) in judging the structural integrity requirement of 
this paragraph.]

    (b) If an owner/operator elects to comply with Sec. 264.572(a) 
instead of Sec. 264.572(b), the drip pad must have:
    (1) A synthetic liner installed below the drip pad that is designed, 
constructed, and installed to prevent leakage from the drip pad into the 
adjacent subsurface soil or groundwater or surface water at any time 
during the active life (including the closure period) of the drip pad. 
The liner must be constructed of materials that will prevent waste from 
being absorbed into the liner and to prevent releases into the adjacent 
subsurface soil or groundwater or surface water during the active life 
of the facility. The liner must be:
    (i) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or drip pad leakage to which 
they are exposed, climatic conditions, the stress of installation, and 
the stress of daily operation (including stresses from vehicular traffic 
on the drip pad);
    (ii) Placed upon a foundation or base capable of providing support 
to the liner and resistance to pressure gradients above and below the 
liner to prevent failure of the liner due to settlement, compression or 
uplift; and
    (iii) Installed to cover all surrounding earth that could come in 
contact with the waste or leakage; and
    (2) A leakage detection system immediately above the liner that is 
designed, constructed, maintained and operated to detect leakage from 
the drip pad. The leakage detection system must be:
    (i) Constructed of materials that are:
    (A) Chemically resistant to the waste managed in the drip pad and 
the leakage that might be generated; and
    (B) Of sufficient strength and thickness to prevent collapse under 
the pressures exerted by overlaying materials and by any equipment used 
at the drip pad;
    (ii) Designed and operated to function without clogging through the 
scheduled closure of the drip pad; and
    (iii) Designed so that it will detect the failure of the drip pad or 
the presence of a release of hazardous waste or accumulated liquid at 
the earliest practicable time.
    (3) A leakage collection system immediately above the liner that is 
designed, constructed, maintained and operated to collect leakage from 
the drip pad such that it can be removed from below the drip pad. The 
date, time, and quantity of any leakage collected in this system and 
removed

[[Page 505]]

must be documented in the operating log.
    (c) Drip pads must be maintained such that they remain free of 
cracks, gaps, corrosion, or other deterioration that could cause 
hazardous waste to be released from the drip pad.

[Note:See Sec. 264.573(m) for remedial action required if deterioration 
or leakage is detected.]

    (d) The drip pad and associated collection system must be designed 
and operated to convey, drain, and collect liquid resulting from 
drippage or precipitation in order to prevent run-off.
    (e) Unless protected by a structure, as described in Sec. 
264.570(b) of this subpart, the owner or operator must design, 
construct, operate and maintain a run-on control system capable of 
preventing flow onto the drip pad during peak discharge from at least a 
24-hour, 25-year storm, unless the system has sufficient excess capacity 
to contain any run-off that might enter the system.
    (f) Unless protected by a structure or cover as described in Sec. 
264.570(b) of this subpart, the owner or operator must design, 
construct, operate and maintain a run-off management system to collect 
and control at least the water volume resulting from a 24-hour, 25-year 
storm.
    (g) The drip pad must be evaluated to determine that it meets the 
requirements of paragraphs (a) through (f) of this section and the owner 
or operator must obtain a statement from a qualified Professional 
Engineer certifying that the drip pad design meets the requirements of 
this section.
    (h) Drippage and accumulated precipitation must be removed from the 
associated collection system as necessary to prevent overflow onto the 
drip pad.
    (i) The drip pad surface must be cleaned thoroughly in a manner and 
frequency such that accumulated residues of hazardous waste or other 
materials are removed, with residues being properly managed as hazardous 
waste, so as to allow weekly inspections of the entire drip pad surface 
without interference or hindrance from accumulated residues of hazardous 
waste or other materials on the drip pad. The owner or operator must 
document the date and time of each cleaning and the cleaning procedure 
used in the facility's operating log. The owner/operator must determine 
if the residues are hazardous as per 40 CFR 262.11 and, if so, must 
manage them under parts 261-268, 270, and section 3010 of RCRA.
    (j) Drip pads must be operated and maintained in a manner to 
minimize tracking of hazardous waste or hazardous waste constituents off 
the drip pad as a result of activities by personnel or equipment.
    (k) After being removed from the treatment vessel, treated wood from 
pressure and non-pressure processes must be held on the drip pad until 
drippage has ceased. The owner or operator must maintain records 
sufficient to document that all treated wood is held on the pad 
following treatment in accordance with this requirement.
    (l) Collection and holding units associated with run-on and run-off 
control systems must be emptied or otherwise managed as soon as possible 
after storms to maintain design capacity of the system.
    (m) Throughout the active life of the drip pad and as specified in 
the permit, if the owner or operator detects a condition that may have 
caused or has caused a release of hazardous waste, the condition must be 
repaired within a reasonably prompt period of time following discovery, 
in accordance with the following procedures:
    (1) Upon detection of a condition that may have caused or has caused 
a release of hazardous waste (e.g., upon detection of leakage in the 
leak detection system), the owner or operator must:
    (i) Enter a record of the discovery in the facility operating log;
    (ii) Immediately remove the portion of the drip pad affected by the 
condition from service;
    (iii) Determine what steps must be taken to repair the drip pad and 
clean up any leakage from below the drip pad, and establish a schedule 
for accomplishing the repairs;
    (iv) Within 24 hours after discovery of the condition, notify the 
Regional Administrator of the condition and, within 10 working days, 
provide written notice to the Regional Administrator with a description 
of the steps that will

[[Page 506]]

be taken to repair the drip pad and clean up any leakage, and the 
schedule for accomplishing this work.
    (2) The Regional Administrator will review the information 
submitted, make a determination regarding whether the pad must be 
removed from service completely or partially until repairs and cleanup 
are complete and notify the owner or operator of the determination and 
the underlying rationale in writing.
    (3) Upon completing all repairs and cleanup, the owner or operator 
must notify the Regional Administrator in writing and provide a 
certification signed by an independent, qualified registered 
professional engineer, that the repairs and cleanup have been completed 
according to the written plan submitted in accordance with paragraph 
(m)(1)(iv) of this section.
    (n) Should a permit be necessary, the Regional Administrator will 
specify in the permit all design and operating practices that are 
necessary to ensure that the requirements of this section are satisfied.
    (o) The owner or operator must maintain, as part of the facility 
operating log, documentation of past operating and waste handling 
practices. This must include identification of preservative formulations 
used in the past, a description of drippage management practices, and a 
description of treated wood storage and handling practices.

[56 FR 30196, July 1, 1991, as amended at 57 FR 5861, Feb. 18, 1992; 57 
FR 61503, Dec. 24, 1992; 71 FR 16907, Apr. 4, 2006; 71 FR 40274, July 
14, 2006]



Sec. 264.574  Inspections.

    (a) During construction or installation, liners and cover systems 
(e.g., membranes, sheets, or coatings) must be inspected for uniformity, 
damage and imperfections (e.g., holes, cracks, thin spots, or foreign 
materials). Immediately after construction or installation, liners must 
be inspected and certified as meeting the requirements in Sec. 264.573 
of this subpart by a qualified Professional Engineer. This certification 
must be maintained at the facility as part of the facility operating 
record. After installation, liners and covers must be inspected to 
ensure tight seams and joints and the absence of tears, punctures, or 
blisters.
    (b) While a drip pad is in operation, it must be inspected weekly 
and after storms to detect evidence of any of the following:
    (1) Deterioration, malfunctions or improper operation of run-on and 
run-off control systems;
    (2) The presence of leakage in and proper functioning of leak 
detection system.
    (3) Deterioration or cracking of the drip pad surface.

    Note: See Sec. 264.573(m) for remedial action required if 
deterioration or leakage is detected.

[56 FR 30196, July 1, 1991, as amended at 71 FR 16907, Apr. 4, 2006]



Sec. 264.575  Closure.

    (a) At closure, the owner or operator must remove or decontaminate 
all waste residues, contaminated containment system components (pad, 
liners, etc.), contaminated subsoils, and structures and equipment 
contaminated with waste and leakage, and manage them as hazardous waste.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with closure and post-closure care requirements that apply to landfills 
(Sec. 264.310). For permitted units, the requirement to have a permit 
continues throughout the post-closure period. In addition, for the 
purpose of closure, post-closure, and financial responsibility, such a 
drip pad is then considered to be landfill, and the owner or operator 
must meet all of the requirements for landfills specified in subparts G 
and H of this part.
    (c)(1) The owner or operator of an existing drip pad, as defined in 
Sec. 264.570 of this subpart, that does not comply with the liner 
requirements of Sec. 264.573(b)(1) must:
    (i) Include in the closure plan for the drip pad under Sec. 264.112 
both a plan for

[[Page 507]]

complying with paragraph (a) of this section and a contingent plan for 
complying with paragraph (b) of this section in case not all 
contaminated subsoils can be practicably removed at closure; and
    (ii) Prepare a contingent post-closure plan under Sec. 264.118 of 
this part for complying with paragraph (b) of this section in case not 
all contaminated subsoils can be practicably removed at closure.
    (2) The cost estimates calculated under Sec. Sec. 264.112 and 
264.144 of this part for closure and post-closure care of a drip pad 
subject to this paragraph must include the cost of complying with the 
contingent closure plan and the contingent post-closure plan, but are 
not required to include the cost of expected closure under paragraph (a) 
of this section.



                      Subpart X_Miscellaneous Units

    Source: 52 FR 46964, Dec. 10, 1987, unless otherwise noted.



Sec. 264.600  Applicability.

    The requirements in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous waste in 
miscellaneous units, except as Sec. 264.1 provide otherwise.

[52 FR 46964, Dec. 10, 1987, as amended at 71 FR 40274, July 14, 2006]



Sec. 264.601  Environmental performance standards.

    A miscellaneous unit must be located, designed, constructed, 
operated, maintained, and closed in a manner that will ensure protection 
of human health and the environment. Permits for miscellaneous units are 
to contain such terms and provisions as necessary to protect human 
health and the environment, including, but not limited to, as 
appropriate, design and operating requirements, detection and monitoring 
requirements, and requirements for responses to releases of hazardous 
waste or hazardous constituents from the unit. Permit terms and 
provisions must include those requirements of subparts I through O and 
subparts AA through CC of this part, part 270, part 63 subpart EEE, and 
part 146 of this chapter that are appropriate for the miscellaneous unit 
being permitted. Protection of human health and the environment 
includes, but is not limited to:
    (a) Prevention of any releases that may have adverse effects on 
human health or the environment due to migration of waste constituents 
in the ground water or subsurface environment, considering:
    (1) The volume and physical and chemical characteristics of the 
waste in the unit, including its potential for migration through soil, 
liners, or other containing structures;
    (2) The hydrologic and geologic characteristics of the unit and the 
surrounding area;
    (3) The existing quality of ground water, including other sources of 
contamination and their cumulative impact on the ground water;
    (4) The quantity and direction of ground-water flow;
    (5) The proximity to and withdrawal rates of current and potential 
ground-water users;
    (6) The patterns of land use in the region;
    (7) The potential for deposition or migration of waste constituents 
into subsurface physical structures, and into the root zone of food-
chain crops and other vegetation;
    (8) The potential for health risks caused by human exposure to waste 
constituents; and
    (9) The potential for damage to domestic animals, wildlife, crops, 
vegetation, and physical structures caused by exposure to waste 
constituents;
    (b) Prevention of any releases that may have adverse effects on 
human health or the environment due to migration of waste constituents 
in surface water, or wetlands or on the soil surface considering:
    (1) The volume and physical and chemical characteristics of the 
waste in the unit;
    (2) The effectiveness and reliability of containing, confining, and 
collecting systems and structures in preventing migration;
    (3) The hydrologic characteristics of the unit and the surrounding 
area, including the topography of the land around the unit;

[[Page 508]]

    (4) The patterns of precipitation in the region;
    (5) The quantity, quality, and direction of ground-water flow;
    (6) The proximity of the unit to surface waters;
    (7) The current and potential uses of nearby surface waters and any 
water quality standards established for those surface waters;
    (8) The existing quality of surface waters and surface soils, 
including other sources of contamination and their cumulative impact on 
surface waters and surface soils;
    (9) The patterns of land use in the region;
    (10) The potential for health risks caused by human exposure to 
waste constituents; and
    (11) The potential for damage to domestic animals, wildlife, crops, 
vegetation, and physical structures caused by exposure to waste 
constituents.
    (c) Prevention of any release that may have adverse effects on human 
health or the environment due to migration of waste constituents in the 
air, considering:
    (1) The volume and physical and chemical characteristics of the 
waste in the unit, including its potential for the emission and 
dispersal of gases, aerosols and particulates;
    (2) The effectiveness and reliability of systems and structures to 
reduce or prevent emissions of hazardous constituents to the air;
    (3) The operating characteristics of the unit;
    (4) The atmospheric, meteorologic, and topographic characteristics 
of the unit and the surrounding area;
    (5) The existing quality of the air, including other sources of 
contamination and their cumulative impact on the air;
    (6) The potential for health risks caused by human exposure to waste 
constituents; and
    (7) The potential for damage to domestic animals, wildlife, crops, 
vegetation, and physical structures caused by exposure to waste 
constituents.

[59 FR 62927, Dec. 6, 1994, as amended at 64 FR 53074, Sept. 30, 1999; 
71 FR 40274, July 14, 2006]



Sec. 264.602  Monitoring, analysis, inspection, response, reporting, and 

corrective action.

    Monitoring, testing, analytical data, inspections, response, and 
reporting procedures and frequencies must ensure compliance with 
Sec. Sec. 264.601, 264.15, 264.33, 264.75, 264.76, 264.77, and 264.101 
as well as meet any additional requirements needed to protect human 
health and the environment as specified in the permit.



Sec. 264.603  Post-closure care.

    A miscellaneous unit that is a disposal unit must be maintained in a 
manner that complies with Sec. 264.601 during the post-closure care 
period. In addition, if a treatment or storage unit has contaminated 
soils or ground water that cannot be completely removed or 
decontaminated during closure, then that unit must also meet the 
requirements of Sec. 264.601 during post-closure care. The post-closure 
plan under Sec. 264.118 must specify the procedures that will be used 
to satisfy this requirement.

Subparts Y-Z [Reserved]



           Subpart AA_Air Emission Standards for Process Vents

    Source: 55 FR 25494, June 21, 1990, unless otherwise noted.



Sec. 264.1030  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 264.1).
    (b) Except for Sec. 264.1034, paragraphs (d) and (e), this subpart 
applies to process vents associated with distillation, fractionation, 
thin-film evaporation, solvent extraction, or air or steam stripping 
operations that manage hazardous wastes with organic concentrations of 
at least 10 ppmw, if these operations are conducted in one of the 
following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or

[[Page 509]]

    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a 
hazardous waste recycling unit that is not a 90-day tank or container) 
and that is located at a hazardous waste management facility otherwise 
subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 40 
CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the provisions of 40 CFR 261.6.
    (c) For the owner and operator of a facility subject to this subpart 
and who received a final permit under RCRA section 3005 prior to 
December 6, 1996, the requirements of this subpart shall be incorporated 
into the permit when the permit is reissued in accordance with the 
requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d). Until such date when the owner and 
operator receive a final permit incorporating the requirements of this 
subpart, the owner and operator are subject to the requirements of 40 
CFR 265, subpart AA.

    [Note: The requirements of Sec. Sec. 264.1032 through 264.1036 
apply to process vents on hazardous waste recycling units previously 
exempt under Sec. 261.6(c)(1). Other exemptions under Sec. Sec. 261.4, 
and 264.1(g) are not affected by these requirements.]

    (d) The requirements of this subpart do not apply to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided 
that facility is operated in compliance with the requirements contained 
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The 
requirements of this subpart shall apply to the facility upon 
termination of the Clean Air Act permit issued pursuant to 40 CFR 
52.2454.
    (e) The requirements of this subpart do not apply to the process 
vents at a facility where the facility owner or operator certifies that 
all of the process vents that would otherwise be subject to this subpart 
are equipped with and operating air emission controls in accordance with 
the process vent requirements of an applicable Clean Air Act regulation 
codified under 40 CFR part 60, part 61, or part 63. The documentation of 
compliance under regulations at 40 CFR part 60, part 61, or part 63 
shall be kept with, or made readily available with, the facility 
operating record.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59950, Nov. 25, 1996; 62 FR 52641, Oct. 8, 1997; 62 FR 64656, Dec. 
8, 1997; 71 FR 40274, July 14, 2006]



Sec. 264.1031  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and parts 260-266.
    Air stripping operation is a desorption operation employed to 
transfer one or more volatile components from a liquid mixture into a 
gas (air) either with or without the application of heat to the liquid. 
Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate 
towers are among the process configurations used for contacting the air 
and a liquid.
    Bottoms receiver means a container or tank used to receive and 
collect the heavier bottoms fractions of the distillation feed stream 
that remain in the liquid phase.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of piping, connections, and, if necessary, flow-
inducing devices that transport gas or vapor from a piece or pieces of 
equipment to a control device.
    Condenser means a heat-transfer device that reduces a thermodynamic 
fluid from its vapor phase to its liquid phase.
    Connector means flanged, screwed, welded, or other joined fittings 
used to connect two pipelines or a pipeline and a piece of equipment. 
For the purposes of reporting and recordkeeping, connector means flanged 
fittings that are not covered by insulation or other materials that 
prevent location of the fittings.
    Continuous recorder means a data-recording device recording an 
instantaneous data value at least once every 15 minutes.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare. Any device the primary function of which is the 
recovery or

[[Page 510]]

capture of solvents or other organics for use, reuse, or sale (e.g., a 
primary condenser on a solvent recovery unit) is not a control device.
    Control device shutdown means the cessation of operation of a 
control device for any purpose.
    Distillate receiver means a container or tank used to receive and 
collect liquid material (condensed) from the overhead condenser of a 
distillation unit and from which the condensed liquid is pumped to 
larger storage tanks or other process units.
    Distillation operation means an operation, either batch or 
continuous, separating one or more feed stream(s) into two or more exit 
streams, each exit stream having component concentrations different from 
those in the feed stream(s). The separation is achieved by the 
redistribution of the components between the liquid and vapor phase as 
they approach equilibrium within the distillation unit.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each valve, pump, compressor, pressure relief 
device, sampling connection system, open-ended valve or line, or flange 
or other connector, and any control devices or systems required by this 
subpart.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Flow indicator means a device that indicates whether gas flow is 
present in a vent stream.
    First attempt at repair means to take rapid action for the purpose 
of stopping or reducing leakage of organic material to the atmosphere 
using best practices.
    Fractionation operation means a distillation operation or method 
used to separate a mixture of several volatile components of different 
boiling points in successive stages, each stage removing from the 
mixture some proportion of one of the components.
    Hazardous waste management unit shutdown means a work practice or 
operational procedure that stops operation of a hazardous waste 
management unit or part of a hazardous waste management unit. An 
unscheduled work practice or operational procedure that stops operation 
of a hazardous waste management unit or part of a hazardous waste 
management unit for less than 24 hours is not a hazardous waste 
management unit shutdown. The use of spare equipment and technically 
feasible bypassing of equipment without stopping operation are not 
hazardous waste management unit shutdowns.
    Hot well means a container for collecting condensate as in a steam 
condenser serving a vacuum-jet or steam-jet ejector.
    In gas/vapor service means that the piece of equipment contains or 
contacts a hazardous waste stream that is in the gaseous state at 
operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains 
or contacts a waste stream where the vapor pressure of one or more of 
the organic components in the stream is greater than 0.3 kilopascals 
(kPa) at 20 [deg]C, the total concentration of the pure organic 
components having a vapor pressure greater than 0.3 kilopascals (kPa) at 
20 [deg]C is equal to or greater than 20 percent by weight, and the 
fluid is a liquid at operating conditions.
    In situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure that is at least 5 kPa below ambient pressure.
    Malfunction means any sudden failure of a control device or a 
hazardous waste management unit or failure of a hazardous waste 
management unit to operate in a normal or usual manner, so that organic 
emissions are increased.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with hazardous 
waste and one side open to the atmosphere, either directly or through 
open piping.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device.

[[Page 511]]

    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that are heated to produce steam.
    Process vent means any open-ended pipe or stack that is vented to 
the atmosphere either directly, through a vacuum-producing system, or 
through a tank (e.g., distillate receiver, condenser, bottoms receiver, 
surge control tank, separator tank, or hot well) associated with 
hazardous waste distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operations.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak.
    Sampling connection system means an assembly of equipment within a 
process or waste management unit used during periods of representative 
operation to take samples of the process or waste fluid. Equipment used 
to take non-routine grab samples is not considered a sampling connection 
system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Separator tank means a device used for separation of two immiscible 
liquids.
    Solvent extraction operation means an operation or method of 
separation in which a solid or solution is contacted with a liquid 
solvent (the two being mutually insoluble) to preferentially dissolve 
and transfer one or more components into the solvent.
    Startup means the setting in operation of a hazardous waste 
management unit or control device for any purpose.
    Steam stripping operation means a distillation operation in which 
vaporization of the volatile constituents of a liquid mixture takes 
place by the introduction of steam directly into the charge.
    Surge control tank means a large-sized pipe or storage reservoir 
sufficient to contain the surging liquid discharge of the process tank 
to which it is connected.
    Thin-film evaporation operation means a distillation operation that 
employs a heating surface consisting of a large diameter tube that may 
be either straight or tapered, horizontal or vertical. Liquid is spread 
on the tube wall by a rotating assembly of blades that maintain a close 
clearance from the wall or actually ride on the film of liquid on the 
wall.
    Vapor incinerator means any enclosed combustion device that is used 
for destroying organic compounds and does not extract energy in the form 
of steam or process heat.
    Vented means discharged through an opening, typically an open-ended 
pipe or stack, allowing the passage of a stream of liquids, gases, or 
fumes into the atmosphere. The passage of liquids, gases, or fumes is 
caused by mechanical means such as compressors or vacuum-producing 
systems or by process-related means such as evaporation produced by 
heating and not caused by tank loading and unloading (working losses) or 
by natural means such as diurnal temperature changes.

[55 FR 25494, June 21, 1990, as amended at 62 FR 64657, Dec. 8, 1997; 64 
FR 3389, Jan. 21, 1999]



Sec. 264.1032  Standards: Process vents.

    (a) The owner or operator of a facility with process vents 
associated with distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operations managing 
hazardous wastes with organic concentrations of at least 10 ppmw shall 
either:
    (1) Reduce total organic emissions from all affected process vents 
at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
    (2) Reduce, by use of a control device, total organic emissions from 
all affected process vents at the facility by 95 weight percent.
    (b) If the owner or operator installs a closed-vent system and 
control device to comply with the provisions of paragraph (a) of this 
section the closed-vent system and control device must meet the 
requirements of Sec. 264.1033.
    (c) Determinations of vent emissions and emission reductions or 
total organic compound concentrations achieved by add-on control devices

[[Page 512]]

may be based on engineering calculations or performance tests. If 
performance tests are used to determine vent emissions, emission 
reductions, or total organic compound concentrations achieved by add-on 
control devices, the performance tests must conform with the 
requirements of Sec. 264.1034(c).
    (d) When an owner or operator and the Regional Administrator do not 
agree on determinations of vent emissions and/or emission reductions or 
total organic compound concentrations achieved by add-on control devices 
based on engineering calculations, the procedures in Sec. 264.1034(c) 
shall be used to resolve the disagreement.



Sec. 264.1033  Standards: Closed-vent systems and control devices.

    (a)(1) Owners or operators of closed-vent systems and control 
devices used to comply with provisions of this part shall comply with 
the provisions of this section.
    (2)(i) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (ii) Any unit that begins operation after December 21, 1990, and is 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (iii) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months after 
the amendment's effective date. When control equipment required by this 
subpart can not be installed and begin operation by the effective date 
of the amendment, the facility owner or operator shall prepare an 
implementation schedule that includes the following information: 
Specific calendar dates for award of contracts or issuance of purchase 
orders for the control equipment, initiation of on-site installation of 
the control equipment, completion of the control equipment installation, 
and performance of any testing to demonstrate that the installed 
equipment meets the applicable standards of this subpart. The owner or 
operator shall enter the implementation schedule in the operating record 
or in a permanent, readily available file located at the facility.
    (iv) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (a)(2)(iii) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
    (b) A control device involving vapor recovery (e.g., a condenser or 
adsorber) shall be designed and operated to recover the organic vapors 
vented to it with an efficiency of 95 weight percent or greater unless 
the total organic emission limits of Sec. 264.1032(a)(1) for all 
affected process vents can be attained at an efficiency less than 95 
weight percent.
    (c) An enclosed combustion device (e.g., a vapor incinerator, 
boiler, or process heater) shall be designed and operated to reduce the 
organic emissions vented to it by 95 weight percent or greater; to 
achieve a total organic compound concentration of 20 ppmv, expressed as 
the sum of the actual compounds, not carbon equivalents, on a dry basis 
corrected to 3 percent oxygen; or to provide a minimum residence time of 
0.50 seconds at a minimum temperature of 760 [deg]C. If a boiler or 
process heater is used as the control device, then the vent stream shall 
be introduced into the flame zone of the boiler or process heater.

[[Page 513]]

    (d)(1) A flare shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (e)(1) of 
this section, except for periods not to exceed a total of 5 minutes 
during any 2 consecutive hours.
    (2) A flare shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f)(2)(iii) of this 
section.
    (3) A flare shall be used only if the net heating value of the gas 
being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or if the net heating value of the gas 
being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is 
nonassisted. The net heating value of the gas being combusted shall be 
determined by the methods specified in paragraph (e)(2) of this section.
    (4)(i) A steam-assisted or nonassisted flare shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (e)(3) of this section, less than 18.3 m/s (60 
ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this 
section.
    (ii) A steam-assisted or nonassisted flare designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (e)(3) of this section, equal to or greater than 18.3 m/s (60 
ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating 
value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/
scf).
    (iii) A steam-assisted or nonassisted flare designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (e)(3) of this section, less than the velocity, 
Vmax, as determined by the method specified in paragraph 
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
    (5) An air-assisted flare shall be designed and operated with an 
exit velocity less than the velocity, Vmax, as determined by 
the method specified in paragraph (e)(5) of this section.
    (6) A flare used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (e)(1) Reference Method 22 in 40 CFR part 60 shall be used to 
determine the compliance of a flare with the visible emission provisions 
of this subpart. The observation period is 2 hours and shall be used 
according to Method 22.
    (2) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR26OC93.010

where:

HT=Net heating value of the sample, MJ/scm; where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to 1 mol is 20 [deg]C;
K=Constant, 1.74x10-7 (1/ppm) (g mol/scm) (MJ/kcal) where 
standard temperature for (g mol/scm) is 20 [deg]C;
Ci=Concentration of sample component i in ppm on a wet basis, 
as measured for organics by Reference Method 18 in 40 CFR part 60 and 
measured for hydrogen and carbon monoxide by ASTM D 1946-82 
(incorporated by reference as specified in Sec. 260.11); and
Hi=Net heat of combustion of sample component i, kcal/9 mol 
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined 
using ASTM D 2382-83 (incorporated by reference as specified in Sec. 
260.11) if published values are not available or cannot be calculated.

    (3) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR 
part 60 as appropriate, by the unobstructed (free) cross-sectional area 
of the flare tip.
    (4) The maximum allowed velocity in m/s, Vmax, for a 
flare complying with paragraph (d)(4)(iii) of this section shall be 
determined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

where:

28.8=Constant,
31.7=Constant,
HT=The net heating value as determined in paragraph (e)(2) of 
this section.

    (5) The maximum allowed velocity in m/s, Vmax, for an 
air-assisted flare shall be determined by the following equation:

Vmax=8.706+0.7084 (HT)

where:


[[Page 514]]


8.706=Constant,
0.7084=Constant,
HT=The net heating value as determined in paragraph (e)(2) of 
this section.

    (f) The owner or operator shall monitor and inspect each control 
device required to comply with this section to ensure proper operation 
and maintenance of the control device by implementing the following 
requirements:
    (1) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow from each affected process vent to the control device 
at least once every hour. The flow indicator sensor shall be installed 
in the vent stream at the nearest feasible point to the control device 
inlet but before the point at which the vent streams are combined.
    (2) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a device to continuously monitor control 
device operation as specified below:
    (i) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in 
[deg]C or 0.5 [deg]C, whichever is greater. The 
temperature sensor shall be installed at a location in the combustion 
chamber downstream of the combustion zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations and have an accuracy of 
1 percent of the temperature being monitored in 
[deg]C or 0.5 [deg]C, whichever is greater. One 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed inlet and a second temperature sensor 
shall be installed in the vent stream at the nearest feasible point to 
the catalyst bed outlet.
    (iii) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (iv) For a boiler or process heater having a design heat input 
capacity less than 44 MW, a temperature monitoring device equipped with 
a continuous recorder. The device shall have an accuracy of 1 percent of the temperature being monitored in [deg]C 
or 0.5 [deg]C, whichever is greater. The 
temperature sensor shall be installed at a location in the furnace 
downstream of the combustion zone.
    (v) For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW, a monitoring device equipped 
with a continuous recorder to measure a parameter(s) that indicates good 
combustion operating practices are being used.
    (vi) For a condenser, either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the condenser, or
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being 
monitored in degrees Celsius ( [deg]C) or 0.5 
[deg]C, whichever is greater. The temperature sensor shall be installed 
at a location in the exhaust vent stream from the condenser exit (i.e., 
product side).
    (vii) For a carbon adsorption system that regenerates the carbon bed 
directly in the control device such as a fixed-bed carbon adsorber, 
either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the carbon bed, or
    (B) A monitoring device equipped with a continuous recorder to 
measure a parameter that indicates the carbon bed is regenerated on a 
regular, predetermined time cycle.
    (3) Inspect the readings from each monitoring device required by 
paragraphs (f)(1) and (2) of this section at least once each operating 
day to check control device operation and, if necessary, immediately 
implement the corrective measures necessary to ensure the control device 
operates in compliance with the requirements of this section.
    (g) An owner or operator using a carbon adsorption system such as a 
fixed-bed carbon adsorber that re gen er ates the carbon bed directly 
onsite in

[[Page 515]]

the control device shall replace the existing carbon in the control 
device with fresh carbon at a regular, pre determined time interval that 
is no longer than the carbon service life es tablished as a requirement 
of Sec. 264.1035(b)(4)(iii)(F).
    (h) An owner or operator using a carbon adsorption system such as a 
carbon canister that does not regenerate the carbon bed directly onsite 
in the control device shall replace the existing carbon in the control 
device with fresh carbon on a regular basis by using one of the 
following procedures:
    (1) Monitor the concentration level of the organic compounds in the 
exhaust vent stream from the carbon adsorption system on a regular 
schedule, and replace the existing carbon with fresh carbon immediately 
when carbon breakthrough is indicated. The monitoring frequency shall be 
daily or at an interval no greater than 20 per cent of the time required 
to con sume the total carbon working cap a city established as a 
requirement of Sec. 264.1035(b)(4)(iii)(G), whichever is longer.
    (2) Replace the existing carbon with fresh carbon at a regular, pre 
deter mined time in ter val that is less than the design carbon 
replacement interval established as a requirement of Sec. 
264.1035(b)(4)(iii)(G).
    (i) An alternative operational or process parameter may be monitored 
if it can be demonstrated that another parameter will ensure that the 
control device is operated in conformance with these standards and the 
control device's design specifications.
    (j) An owner or operator of an affected facility seeking to comply 
with the provisions of this part by using a control device other than a 
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, 
process heater, condenser, or carbon adsorption system is required to 
develop documentation including sufficient information to describe the 
control device operation and identify the process parameter or 
parameters that indicate proper operation and maintenance of the control 
device.
    (k) A closed-vent system shall meet either of the following design 
requirements:
    (1) A closed-vent system shall be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppmv above background as determined by the procedure in Sec. 
264.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (l) The owner or operator shall monitor and inspect each closed-vent 
system required to comply with this section to ensure proper operation 
and maintenance of the closed-vent system by implementing the following 
requirements:
    (1) Each closed-vent system that is used to comply with paragraph 
(k)(1) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) An initial leak detection monitoring of the closed-vent system 
shall be conducted by the owner or operator on or before the date that 
the system becomes subject to this section. The owner or operator shall 
monitor the closed-vent system components and connections using the 
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate 
that the closed-vent system operates with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppmv above 
background.
    (ii) After initial leak detection monitoring required in paragraph 
(l)(1)(i) of this section, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air pollutant emissions. The owner or operator shall 
monitor a component or connection using the procedures

[[Page 516]]

specified in Sec. 264.1034(b) of this subpart to demonstrate that it 
operates with no detectable emissions following any time the component 
is repaired or replaced (e.g., a section of damaged hard piping is 
replaced with new hard piping) or the connection is unsealed (e.g., a 
flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (l)(1)(ii)(A) of this section shall be monitored 
annually and at other times as requested by the Regional Administrator, 
except as provided for in paragraph (o) of this section, using the 
procedures specified in Sec. 264.1034(b) of this subpart to demonstrate 
that the components or connections operate with no detectable emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (l)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec. 
264.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph 
(k)(2) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air pollutant 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in ductwork or piping or loose connections.
    (ii) The owner or operator shall perform an initial inspection of 
the closed-vent system on or before the date that the system becomes 
subject to this section. Thereafter, the owner or operator shall perform 
the inspections at least once every year.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (l)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec. 
264.1035 of this subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by 
an instrument reading greater than 500 ppmv above background, shall be 
controlled as soon as practicable, but not later than 15 calendar days 
after the emission is detected, except as provided for in paragraph 
(l)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown, or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be completed by the end of the next process unit 
shutdown.
    (iv) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 264.1035 
of this subpart.
    (m) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (n) The owner or operator using a carbon adsorption system to 
control air pollutant emissions shall document that all carbon that is a 
hazardous waste and that is removed from the control device is managed 
in one of the following manners, regardless of the average volatile 
organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that 
meets one of the following:
    (i) The owner or operator of the unit has been issued a final permit 
under 40 CFR part 270 which implements the requirements of subpart X of 
this part; or
    (ii) The unit is equipped with and operating air emission controls 
in accordance with the applicable requirements of subparts AA and CC of 
either this part or of 40 CFR part 265; or
    (iii) The unit is equipped with and operating air emission controls 
in accordance with a national emission standard

[[Page 517]]

for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the owner 
or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of subpart O of this part; or
    (ii) Has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (o) Any components of a closed-vent system that are designated, as 
described in Sec. 264.1035(c)(9) of this subpart, as unsafe to monitor 
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this 
section if:
    (1) The owner or operator of the closed-vent system determines that 
the components of the closed-vent system are unsafe to monitor because 
monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with paragraph (l)(1)(ii)(B) of this section; 
and
    (2) The owner or operator of the closed-vent system adheres to a 
written plan that requires monitoring the closed-vent system components 
using the procedure specified in paragraph (l)(1)(ii)(B) of this section 
as frequently as practicable during safe-to-monitor times.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
59 FR 62927, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950, Nov. 
25, 1996; 62 FR 64657, Dec. 8, 1997; 71 FR 40274, July 14, 2006]



Sec. 264.1034  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) When a closed-vent system is tested for compliance with no 
detectable emissions, as required in Sec. 264.1033(l) of this subpart, 
the test shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in 
Reference Method 21.
    (6) The instrument probe shall be traversed around all potential 
leak in ter faces as close to the interface as possible as described in 
Reference Method 21.
    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (c) Performance tests to determine compliance with Sec. 264.1032(a) 
and with the total organic compound concentration limit of Sec. 
264.1033(c) shall comply with the following:
    (1) Performance tests to determine total organic compound 
concentrations and mass flow rates entering and exiting control devices 
shall be conducted and data reduced in accordance with the following 
reference methods and calculation procedures:
    (i) Method 2 in 40 CFR part 60 for velocity and volumetric flow 
rate.
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation

[[Page 518]]

of the response from the zero calibration gas when the instrument is 
zeroed on the most sensitive scale.
    (iii) Each performance test shall consist of three separate runs; 
each run conducted for at least 1 hour under the conditions that exist 
when the hazardous waste management unit is operating at the highest 
load or capacity level reasonably expected to occur. For the purpose of 
determining total organic compound concentrations and mass flow rates, 
the average of results of all runs shall apply. The average shall be 
computed on a time-weighted basis.
    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TR14JN05.000
    
Where:

Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting 
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent gas, 
kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-\6\ = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-\6\)

Where:

Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as 
determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-\6\ = Conversion from ppm.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA=(Eh)(H)

where:

EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.

    (vi) Total organic emissions from all affected process vents at the 
facil ity shall be determined by summing the hourly total organic mass 
emission rates (Eh as determined in paragraph (c)(1)(iv) of 
this section) and by summing the annual total organic mass emission 
rates (EA, as determined in paragraph (c)(1)(v) of this 
section) for all affected process vents at the facility.
    (2) The owner or operator shall record such process information as 
may be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (i) Sampling ports adequate for the test methods specified in 
paragraph (c)(1) of this section.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the 
event that a sample is accidentally lost or conditions occur in which 
one of the three runs must be discontinued because of forced shutdown, 
failure of an irreplaceable portion of the sample train, extreme 
meteorological conditions, or other circumstances beyond the owner or 
operator's control, compliance may, upon the Regional Administrator's 
approval, be determined using the average of the results of the two 
other runs.
    (d) To show that a process vent associated with a hazardous waste 
distillation, fractionation, thin-film evaporation, solvent extraction, 
or air or steam stripping operation is not subject to the requirements 
of this subpart, the owner or operator must make an initial 
determination that the time-weighted, annual average total organic

[[Page 519]]

concentration of the waste managed by the waste management unit is less 
than 10 ppmw using one of the following two methods:
    (1) Direct measurement of the organic concentration of the waste 
using the following procedures:
    (i) The owner or operator must take a minimum of four grab samples 
of waste for each waste stream managed in the affected unit under 
process conditions expected to cause the maximum waste organic 
concentration.
    (ii) For waste generated onsite, the grab samples must be collected 
at a point before the waste is exposed to the atmosphere such as in an 
enclosed pipe or other closed system that is used to transfer the waste 
after generation to the first affected distillation, fractionation, 
thin-film evaporation, solvent extraction, or air or steam stripping 
operation. For waste generated offsite, the grab samples must be 
collected at the inlet to the first waste management unit that receives 
the waste provided the waste has been transferred to the facility in a 
closed system such as a tank truck and the waste is not diluted or mixed 
with other waste.
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060A 
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, or analyzed for its individual organic constituents.
    (iv) The arithmetic mean of the results of the analyses of the four 
samples shall apply for each waste stream managed in the unit in 
determining the time-weighted, annual average total organic 
concentration of the waste. The time-weighted average is to be 
calculated using the annual quantity of each waste stream processed and 
the mean organic concentration of each waste stream managed in the unit.
    (2) Using knowledge of the waste to determine that its total organic 
concentration is less than 10 ppmw. Documentation of the waste 
determination is required. Examples of documentation that shall be used 
to support a determination under this provision include production 
process information documenting that no organic compounds are used, 
information that the waste is generated by a process that is identical 
to a process at the same or another facility that has previously been 
demonstrated by direct measurement to generate a waste stream having a 
total organic content less than 10 ppmw, or prior speciation analysis 
results on the same waste stream where it can also be documented that no 
process changes have occurred since that analysis that could affect the 
waste total organic concentration.
    (e) The determination that distillation, fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations 
manage hazardous wastes with time-weighted, annual average total organic 
concentrations less than 10 ppmw shall be made as follows:
    (1) By the effective date that the facility becomes subject to the 
provisions of this subpart or by the date when the waste is first 
managed in a waste management unit, whichever is later, and
    (2) For continuously generated waste, annually, or
    (3) Whenever there is a change in the waste being managed or a 
change in the process that generates or treats the waste.
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation manages a 
hazardous waste with organic concentrations of at least 10 ppmw based on 
knowledge of the waste, the dispute may be resolved by using direct 
measurement as specified at paragraph (d)(1) of this section.

[55 FR 25494, June 21, 1990, as amended at 61 FR 59951, Nov. 25, 1996; 
62 FR 32462, June 13, 1997; 70 FR 34581, June 14, 2005; 71 FR 40274, 
July 14, 2006]



Sec. 264.1035  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one hazardous waste management 
unit subject to the provisions of this

[[Page 520]]

subpart may comply with the recordkeeping requirements for these 
hazardous waste management units in one recordkeeping system if the 
system identifies each record by each hazardous waste management unit.
    (b) Owners and operators must record the following information in 
the facility operating record:
    (1) For facilities that comply with the provisions of Sec. 
264.1033(a)(2), an implementation schedule that includes dates by which 
the closed-vent system and control device will be installed and in 
operation. The schedule must also include a rationale of why the 
installation cannot be completed at an earlier date. The implementation 
schedule must be in the facility operating record by the effective date 
that the facility becomes subject to the provisions of this subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 264.1032, including:
    (i) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous waste management units on a facility plot 
plan).
    (ii) Information and data supporting determinations of vent 
emissions and emission reductions achieved by add-on control devices 
based on engineering calculations or source tests. For the purpose of 
determining compliance, determinations of vent emissions and emission 
reductions must be made using operating parameter values (e.g., 
temperatures, flow rates, or vent stream organic compounds and 
concentrations) that represent the conditions that result in maximum 
organic emissions, such as when the waste management unit is operating 
at the highest load or capacity level reasonably expected to occur. If 
the owner or operator takes any action (e.g., managing a waste of 
different composition or increasing operating hours of affected waste 
management units) that would result in an increase in total organic 
emissions from affected process vents at the facility, then a new 
determination is required.
    (3) Where an owner or operator chooses to use test data to determine 
the organic removal efficiency or total organic compound concentration 
achieved by the control device, a performance test plan. The test plan 
must include:
    (i) A description of how it is determined that the planned test is 
going to be conducted when the hazardous waste management unit is 
operating at the highest load or capacity level reasonably expected to 
occur. This shall include the estimated or design flow rate and organic 
content of each vent stream and define the acceptable operating ranges 
of key process and control device parameters during the test program.
    (ii) A detailed engineering de scrip tion of the closed-vent system 
and control device including:
    (A) Manufacturer's name and model number of control device.
    (B) Type of control device.
    (C) Dimensions of the control device.
    (D) Capacity.
    (E) Construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (4) Documentation of compliance with Sec. 264.1033 shall include 
the following information:
    (i) A list of all information re fer ences and sources used in 
preparing the documentation.
    (ii) Records, including the dates, of each compliance test required 
by Sec. 264.1033(k).
    (iii) If engineering calculations are used, a design analysis, 
specifications, drawings, schematics, and piping and instrumentation 
diagrams based on the appropriate sections of ``APTI Course 415: Control 
of Gaseous Emissions'' (incorporated by reference as specified in Sec. 
260.11) or other engineering texts acceptable to the Regional Ad mini 
stra tor that present basic control device design information. 
Documentation

[[Page 521]]

provided by the control device manufacturer or vendor that describes the 
control device design in accordance with paragraphs (b)(4)(iii)(A) 
through (b)(4)(iii)(G) of this section may be used to comply with this 
requirement. The design analysis shall address the vent stream 
characteristics and control device operation parameters as specified 
below.
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the combustion zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in Sec. 
264.1033(d).
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level, design average 
temperature of the condenser exhaust vent stream, and design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system such as a fixed-bed adsorber that 
regenerates the carbon bed directly onsite in the control device, the 
design analysis shall consider the vent stream composition, constituent 
concentrations, flow rate, relative humidity, and temperature. The 
design analysis shall also establish the design exhaust vent stream 
organic compound concentration level, number and capacity of carbon 
beds, type and working capacity of activated carbon used for carbon 
beds, design total steam flow over the period of each complete carbon 
bed regeneration cycle, duration of the carbon bed steaming and cooling/
drying cycles, design carbon bed temperature after regeneration, design 
carbon bed regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system such as a carbon canister that 
does not regenerate the carbon bed directly onsite in the control 
device, the design analysis shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature. The design analysis shall also establish the design outlet 
organic concentration level, capacity of carbon bed, type and working 
capacity of activated carbon used for carbon bed, and design carbon 
replacement interval based on the total carbon working capacity of the 
control device and source operating schedule.
    (iv) A statement signed and dated by the owner or operator 
certifying that the operating parameters used in the design analysis 
reasonably represent the conditions that exist when the hazardous waste 
management unit is or would be operating at the highest load or capacity 
level reasonably expected to occur.
    (v) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
percent or greater unless the total organic concentration limit of Sec. 
264.1032(a) is achieved at an efficiency less than 95 weight percent or 
the total organic emission limits of Sec. 264.1032(a) for affected 
process vents at the facility can be attained by a control device 
involving vapor recovery at an efficiency less than 95 weight percent. A 
statement provided by the control device manufacturer or vendor 
certifying that the control equipment meets the design specifications 
may be used to comply with this requirement.

[[Page 522]]

    (vi) If performance tests are used to demonstrate compliance, all 
test results.
    (c) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of this part shall be recorded and kept up-
to-date in the facility operating record. The information shall include:
    (1) Description and date of each modification that is made to the 
closed-vent system or control device design.
    (2) Identification of operating parameter, description of monitoring 
device, and diagram of monitoring sensor location or locations used to 
comply with Sec. 264.1033 (f)(1) and (f)(2).
    (3) Monitoring, operating, and inspection information required by 
paragraphs (f) through (k) of Sec. 264.1033.
    (4) Date, time, and duration of each period that occurs while the 
control device is operating when any monitored parameter exceeds the 
value established in the control device design analysis as specified 
below:
    (i) For a thermal vapor incinerator designed to operate with a 
minimum residence time of 0.50 second at a minimum temperature of 760 
[deg]C, period when the combustion temperature is below 760 [deg]C.
    (ii) For a thermal vapor incinerator designed to operate with an 
organic emission reduction efficiency of 95 weight percent or greater, 
period when the combustion zone temperature is more than 28 [deg]C below 
the design average combustion zone temperature established as a 
requirement of paragraph (b)(4)(iii)(A) of this section.
    (iii) For a catalytic vapor incinerator, period when:
    (A) Temperature of the vent stream at the catalyst bed inlet is more 
than 28 [deg]C below the average temperature of the inlet vent stream 
established as a requirement of paragraph (b)(4)(iii)(B) of this 
section, or
    (B) Temperature difference across the catalyst bed is less than 80 
percent of the design average temperature difference established as a 
requirement of paragraph (b)(4)(iii)(B) of this section.
    (iv) For a boiler or process heater, period when:
    (A) Flame zone temperature is more than 28 [deg]C below the design 
average flame zone temperature established as a requirement of paragraph 
(b)(4)(iii)(C) of this section, or
    (B) Position changes where the vent stream is introduced to the 
combustion zone from the location established as a requirement of 
paragraph (b)(4)(iii)(C) of this section.
    (v) For a flare, period when the pilot flame is not ignited.
    (vi) For a condenser that complies with Sec. 264.1033(f)(2)(vi)(A), 
period when the organic compound concentration level or readings of 
organic compounds in the exhaust vent stream from the condenser are more 
than 20 percent greater than the design outlet organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (vii) For a condenser that complies with Sec. 
264.1033(f)(2)(vi)(B), period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more than 6 [deg]C above the design average exhaust vent stream 
temperature established as a requirement of paragraph (b)(4)(iii)(E) of 
this section; or
    (B) Temperature of the coolant fluid exiting the condenser is more 
than 6 [deg]C above the design average coolant fluid temperature at the 
condenser outlet established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (viii) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 264.1033(f)(2)(vii)(A), period when the 
organic compound concentration level or readings of organic compounds in 
the exhaust vent stream from the carbon bed are more than 20 percent 
greater than the design exhaust vent stream organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(F) of this section.
    (ix) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 264.1033(f)(2)(vii)(B), period when the 
vent stream continues to flow through the control device beyond

[[Page 523]]

the predetermined carbon bed regeneration time established as a 
requirement of paragraph (b)(4)(iii)(F) of this section.
    (5) Explanation for each period recorded under paragraph (4) of the 
cause for control device operating parameter exceeding the design value 
and the measures implemented to correct the control device operation.
    (6) For a carbon adsorption system operated subject to requirements 
specified in Sec. 264.1033(g) or Sec. 264.1033(h)(2), date when 
existing carbon in the control device is replaced with fresh carbon.
    (7) For a carbon adsorption system operated subject to requirements 
specified in Sec. 264.1033(h)(1), a log that records:
    (i) Date and time when control device is monitored for carbon 
breakthrough and the monitoring device reading.
    (ii) Date when existing carbon in the control device is replaced 
with fresh carbon.
    (8) Date of each control device startup and shutdown.
    (9) An owner or operator designating any components of a closed-vent 
system as unsafe to monitor pursuant to Sec. 264.1033(o) of this 
subpart shall record in a log that is kept in the facility operating 
record the identification of closed-vent system components that are 
designated as unsafe to monitor in accordance with the requirements of 
Sec. 264.1033(o) of this subpart, an explanation for each closed-vent 
system component stating why the closed-vent system component is unsafe 
to monitor, and the plan for monitoring each closed-vent system 
component.
    (10) When each leak is detected as specified in Sec. 264.1033(l) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3) through (c)(10) of this section shall be 
maintained by the owner or operator for at least 3 years following the 
date of each occurrence, measurement, maintenance, corrective action, or 
record.
    (e) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (f) Up-to-date information and data used to determine whether or not 
a process vent is subject to the requirements in Sec. 264.1032 
including supporting documentation as required by Sec. 264.1034(d)(2) 
when application of the knowledge of the nature of the hazardous waste 
stream or the process by which it was produced is used, shall be 
recorded in a log that is kept in the facility operating record.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59952, Nov. 25, 1996; 71 FR 40274, July 14, 2006]



Sec. 264.1036  Reporting requirements.

    (a) A semiannual report shall be submitted by owners and operators 
subject to the requirements of this subpart to the Regional 
Administrator by dates specified by the Regional Administrator. The 
report shall include the following information:

[[Page 524]]

    (1) The Environmental Protection Agency identification number, name, 
and address of the facility.
    (2) For each month during the semiannual reporting period, dates 
when the control device exceeded or operated outside of the design 
specifications as defined in Sec. 264.1035(c)(4) and as indicated by 
the control device monitoring required by Sec. 264.1033(f) and such 
exceedances were not corrected within 24 hours, or that a flare operated 
with visible emissions as defined in Sec. 264.1033(d) and as determined 
by Method 22 monitoring, the duration and cause of each exceedance or 
visible emissions, and any corrective measures taken.
    (b) If, during the semiannual reporting period, the control device 
does not exceed or operate outside of the design specifications as 
defined in Sec. 264.1035(c)(4) for more than 24 hours or a flare does 
not operate with visible emissions as defined in Sec. 264.1033(d), a 
report to the Regional Administrator is not required.



Sec. Sec. 264.1037-264.1049  [Reserved]



          Subpart BB_Air Emission Standards for Equipment Leaks

    Source: 55 FR 25501, June 21, 1990, unless otherwise noted.



Sec. 264.1050  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 264.1).
    (b) Except as provided in Sec. 264.1064(k), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least 10 percent by weight that are managed in one 
of the following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a 
hazardous waste recycling unit that is not a ``90-day'' tank or 
container) and that is located at a hazardous waste management facility 
otherwise subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 40 
CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the provisions of 40 CFR 261.6.
    (c) For the owner or operator of a facility subject to this subpart 
and who received a final permit under RCRA section 3005 prior to 
December 6, 1996, the requirements of this subpart shall be incorporated 
into the permit when the permit is reissued in accordance with the 
requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d). Until such date when the owner or 
operator receives a final permit incorporating the requirements of this 
subpart, the owner or operator is subject to the requirements of 40 CFR 
part 265, subpart BB.
    (d) Each piece of equipment to which this subpart applies shall be 
marked in such a manner that it can be distinguished readily from other 
pieces of equipment.
    (e) Equipment that is in vacuum service is excluded from the 
requirements of Sec. 264.1052 to Sec. 264.1060 if it is identified as 
required in Sec. 264.1064(g)(5).
    (f) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for less than 300 
hours per calendar year is excluded from the requirements of Sec. Sec. 
264.1052 through 264.1060 of this subpart if it is identified, as 
required in Sec. 264.1064(g)(6) of this subpart.
    (g) The requirements of this subpart do not apply to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided 
that facility is operated in compliance with the requirements contained 
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The 
requirements of this subpart shall apply to the facility upon 
termination of the Clean Air Act permit issued pursuant to 40 CFR 
52.2454.
    (h) Purged coatings and solvents from surface coating operations 
subject to the national emission standards for hazardous air pollutants 
(NESHAP) for the surface coating of automobiles and

[[Page 525]]

light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to 
the requirements of this subpart.

    [Note: The requirements of Sec. Sec. 264.1052 through 264.1065 
apply to equipment associated with hazardous waste recycling units 
previously exempt under Sec. 261.6(c)(1). Other exemptions under 
Sec. Sec. 261.4, and 264.1(g) are not affected by these requirements.]

[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 
62 FR 52641, Oct. 8, 1997; 62 FR 64657, Dec. 8, 1997; 69 FR 22661, Apr. 
26, 2004; 71 FR 40274, July 14, 2006]



Sec. 264.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 264.1052  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec. 264.1063(b), except as 
provided in paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal.
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 264.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than 5 calendar days after each leak is detected.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the following requirements are 
met:
    (1) Each dual mechanical seal system must be:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure, or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 264.1060, or
    (iii) Equipped with a system that purges the barrier fluid into a 
hazardous waste stream with no detectable emissions to the atmosphere.
    (2) The barrier fluid system must not be a hazardous waste with 
organic concentrations 10 percent or greater by weight.
    (3) Each barrier fluid system must be equipped with a sensor that 
will detect failure of the seal system, the barrier fluid system, or 
both.
    (4) Each pump must be checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
must be checked daily or be equipped with an audible alarm that must be 
checked monthly to ensure that it is functioning properly.
    (ii) The owner or operator must determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (6)(i) If there are indications of liquids dripping from the pump 
seal or the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined in paragraph 
(d)(5)(ii) of this section, a leak is detected.
    (ii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 264.1059.
    (iii) A first attempt at repair (e.g., relapping the seal) shall be 
made no later than 5 calendar days after each leak is detected.
    (e) Any pump that is designated, as described in Sec. 
264.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a), (c), and (d) of this section if the 
pump meets the following requirements:
    (1) Must have no externally actuated shaft penetrating the pump 
housing.
    (2) Must operate with no detectable emissions as indicated by an 
instrument reading of less than 500 ppm

[[Page 526]]

above background as measured by the methods specified in Sec. 
264.1063(c).
    (3) Must be tested for compliance with paragraph (e)(2) of this 
section initially upon designation, annually, and at other times as 
requested by the Regional Administrator.
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec. 264.1060, it 
is exempt from the requirements of paragraphs (a) through (e) of this 
section.

[55 FR 25501, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 264.1053  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of total 
organic emissions to the atmosphere, except as provided in paragraphs 
(h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is at all 
times greater than the compressor stuffing box pressure, or
    (2) Equipped with a barrier fluid system that is connected by a 
closed-vent system to a control device that complies with the 
requirements of Sec. 264.1060, or
    (3) Equipped with a system that purges the barrier fluid into a 
hazardous waste stream with no detectable emissions to atmosphere.
    (c) The barrier fluid must not be a hazardous waste with organic 
concentrations 10 percent or greater by weight.
    (d) Each barrier fluid system as described in paragraphs (a) through 
(c) of this section shall be equipped with a sensor that will detect 
failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm that 
must be checked monthly to ensure that it is functioning properly unless 
the compressor is located within the boundary of an unmanned plant site, 
in which case the sensor must be checked daily.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 264.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than 5 calendar days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section if it is equipped with a closed-vent system 
capable of capturing and transporting any leakage from the seal to a 
control device that complies with the requirements of Sec. 264.1060, 
except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in Sec. 
264.1064(g)(2), for no detectable emissions as indicated by an 
instrument reading of less than 500 ppm above background is exempt from 
the requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is determined to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 264.1063(c).
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.



Sec. 264.1054  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 264.1063(c).

[[Page 527]]

    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 264.1059.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the condition of no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, as measured by the method specified in Sec. 
264.1063(c).
    (c) Any pressure relief device that is equipped with a closed-vent 
system capable of capturing and transporting leakage from the pressure 
relief device to a control device as described in Sec. 264.1060 is 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 264.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system. This system shall collect the 
sample purge for return to the process or for routing to the appropriate 
treatment system. Gases displaced during filling of the sample container 
are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall meet one of the 
following requirements:
    (1) Return the purged process fluid directly to the process line;
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a waste management unit that complies with the 
applicable requirements of Sec. 264.1084 through Sec. 264.1086 of this 
subpart or a control device that complies with the requirements of Sec. 
264.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[61 FR 59952, Nov. 25, 1996]



Sec. 264.1056  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring hazardous waste 
stream flow through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the hazardous waste 
stream end is closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) of 
this section at all other times.



Sec. 264.1057  Standards: Valves in gas/vapor service or in light liquid 

service.

    (a) Each valve in gas/vapor or light liquid service shall be 
monitored monthly to detect leaks by the methods specified in Sec. 
264.1063(b) and shall comply with paragraphs (b) through (e) of this 
section, except as provided in paragraphs (f), (g), and (h) of this 
section, and Sec. Sec. 264.1061 and 264.1062.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) Any valve for which a leak is not detected for two successive 
months may be monitored the first month of every succeeding quarter, 
beginning with the next quarter, until a leak is detected.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for two successive months,
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 264.1059.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:

[[Page 528]]

    (1) Tightening of bonnet bolts.
    (2) Replacement of bonnet bolts.
    (3) Tightening of packing gland nuts.
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec. 
264.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the 
hazardous waste stream.
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec. 264.1063(c).
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.
    (g) Any valve that is designated, as described in Sec. 
264.1064(h)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section.
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec. 
264.1064(h)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The hazardous waste management unit within which the valve is 
located was in operation before June 21, 1990.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec. 264.1058  Standards: Pumps and valves in heavy liquid service, pressure 

relief devices in light liquid or heavy liquid service, and flanges and other 

connectors.

    (a) Pumps and valves in heavy liquid service, pressure relief 
devices in light liquid or heavy liquid service, and flanges and other 
connectors shall be monitored within 5 days by the method specified in 
Sec. 264.1063(b) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 264.1059.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. 264.1057(e).
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the 
monitoring requirements of paragraph (a) of this section and from the 
recordkeeping requirements of Sec. 264.1064 of this subpart.

[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 
71 FR 40274, July 14, 2006]



Sec. 264.1059  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if the repair is technically infeasible without a 
hazardous waste management unit shutdown. In such a case, repair of this 
equipment shall occur before the end of the next hazardous waste 
management unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
will be allowed for equipment that is isolated from the hazardous waste 
management unit and that does not continue to contain or contact 
hazardous waste with organic concentrations at least 10 percent by 
weight.
    (c) Delay of repair for valves will be allowed if:

[[Page 529]]

    (1) The owner or operator determines that emissions of purged 
material resulting from immediate repair are greater than the emissions 
likely to result from delay of repair.
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 264.1060.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system.
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a hazardous waste management unit 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the hazardous waste management unit shutdown, valve 
assembly supplies have been depleted, and valve assembly supplies had 
been sufficiently stocked before the supplies were depleted. Delay of 
repair beyond the next hazardous waste management unit shutdown will not 
be allowed unless the next hazardous waste management unit shutdown 
occurs sooner than 6 months after the first hazardous waste management 
unit shutdown.



Sec. 264.1060  Standards: Closed-vent systems and control devices.

    (a) Owners and operators of closed-vent systems and control devices 
subject to this subpart shall comply with the provisions of Sec. 
264.1033 of this part.
    (b)(1) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (2) Any unit that begins operation after December 21, 1990, and is 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (3) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months after 
the amendment's effective date. When control equipment required by this 
subpart can not be installed and begin operation by the effective date 
of the amendment, the facility owner or operator shall prepare an 
implementation schedule that includes the following information: 
Specific calendar dates for award or contracts or issuance of purchase 
orders for the control equipment, initiation of on-site installation of 
the control equipment, completion of the control equipment installation, 
and performance of any testing to demonstrate that the installed 
equipment meets the applicable standards of this subpart. The owner or 
operator shall enter the implementation schedule in the operating record 
or in a permanent, readily available file located at the facility.
    (4) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (b)(3) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).

[62 FR 64657, Dec. 8, 1997]



Sec. 264.1061  Alternative standards for valves in gas/vapor service or in 

light liquid service: percentage of valves allowed to leak.

    (a) An owner or operator subject to the requirements of Sec. 
264.1057 may elect to have all valves within a hazardous waste 
management unit comply with an alternative standard that allows no 
greater than 2 percent of the valves to leak.

[[Page 530]]

    (b) The following requirements shall be met if an owner or operator 
decides to comply with the alternative standard of allowing 2 percent of 
valves to leak:
    (1) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Regional Administrator.
    (2) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 264.1057(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec. 264.1057 within 
the hazardous waste management unit shall be monitored within 1 week by 
the methods specified in Sec. 264.1063(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves subject to the requirements in Sec. 264.1057 for which leaks 
are detected by the total number of valves subject to the requirements 
in Sec. 264.1057 within the hazardous waste management unit.

[55 FR 25501, June 21, 1990, as amended at 71 FR 16907, Apr. 4, 2006]



Sec. 264.1062  Alternative standards for valves in gas/vapor service or in 

light liquid service: skip period leak detection and repair.

    (a) An owner or operator subject to the requirements of Sec. 
264.1057 may elect for all valves within a hazardous waste management 
unit to comply with one of the alternative work practices specified in 
paragraphs (b) (2) and (3) of this section.
    (b)(1) An owner or operator shall comply with the requirements for 
valves, as described in Sec. 264.1057, except as described in 
paragraphs (b)(2) and (b)(3) of this section.
    (2) After two consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip one of the quarterly leak detection 
periods (i.e., monitor for leaks once every six months) for the valves 
subject to the requirements in Sec. 264.1057 of this subpart.
    (3) After five consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip three of the quarterly leak detection 
periods (i.e., monitor for leaks once every year) for the valves subject 
to the requirements in Sec. 264.1057 of this subpart.
    (4) If the percentage of valves leaking is greater than 2 percent, 
the owner or operator shall monitor monthly in compliance with the 
requirements in Sec. 264.1057, but may again elect to use this section 
after meeting the requirements of Sec. 264.1057(c)(1).

[55 FR 25501, June 21, 1990, as amended at 62 FR 64658, Dec. 8, 1997; 71 
FR 16907, Apr. 4, 2006]



Sec. 264.1063  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Leak detection monitoring, as required in Sec. Sec. 264.1052-
264.1062, shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (c) When equipment is tested for compliance with no detectable 
emissions, as required in Sec. Sec. 264.1052(e), 264.1053(i), 264.1054, 
and 264.1057(f), the test shall comply with the following requirements:

[[Page 531]]

    (1) The requirements of paragraphs (b)(1) through (4) of this 
section shall apply.
    (2) The background level shall be determined as set forth in 
Reference Method 21.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d) In accordance with the waste analysis plan required by Sec. 
264.13(b), an owner or operator of a facility must determine, for each 
piece of equipment, whether the equipment contains or contacts a 
hazardous waste with organic concentration that equals or exceeds 10 
percent by weight using the following:
    (1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, 
E 260-85 (incorporated by reference under Sec. 260.11);
    (2) Method 9060A (incorporated by reference under 40 CFR 260.11) of 
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846, for 
computing total organic concentration of the sample, or analyzed for its 
individual organic constituents; or
    (3) Application of the knowledge of the nature of the hazardous 
waste stream or the process by which it was produced. Documentation of a 
waste determination by knowledge is required. Examples of documentation 
that shall be used to support a determination under this provision 
include production process information documenting that no organic 
compounds are used, information that the waste is generated by a process 
that is identical to a process at the same or another facility that has 
previously been demonstrated by direct measurement to have a total 
organic content less than 10 percent, or prior speciation analysis 
results on the same waste stream where it can also be documented that no 
process changes have occurred since that analysis that could affect the 
waste total organic concentration.
    (e) If an owner or operator determines that a piece of equipment 
contains or contacts a hazardous waste with organic concentrations at 
least 10 percent by weight, the determination can be revised only after 
following the procedures in paragraph (d)(1) or (d)(2) of this section.
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a piece of equipment contains or contacts a hazardous 
waste with organic concentrations at least 10 percent by weight, the 
procedures in paragraph (d)(1) or (d)(2) of this section can be used to 
resolve the dispute.
    (g) Samples used in determining the percent organic content shall be 
representative of the highest total organic content hazardous waste that 
is expected to be contained in or contact the equipment.
    (h) To determine if pumps or valves are in light liquid service, the 
vapor pressures of constituents may be obtained from standard reference 
texts or may be determined by ASTM D-2879-86 (incorporated by reference 
under Sec. 260.11).
    (i) Performance tests to determine if a control device achieves 95 
weight percent organic emission reduction shall comply with the 
procedures of Sec. 264.1034(c)(1) through (c)(4).

[55 FR 25501, June 21, 1990, as amended at 62 FR 32462, June 13, 1997; 
70 FR 34581, June 14, 2005]



Sec. 264.1064  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one hazardous waste management 
unit subject to the provisions of this subpart may comply with the 
recordkeeping requirements for these hazardous waste management units in 
one recordkeeping system if the system identifies each record by each 
hazardous waste management unit.
    (b) Owners and operators must record the following information in 
the facility operating record:
    (1) For each piece of equipment to which subpart BB of part 264 
applies:

[[Page 532]]

    (i) Equipment identification number and hazardous waste management 
unit identification.
    (ii) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (iii) Type of equipment (e.g., a pump or pipeline valve).
    (iv) Percent-by-weight total organics in the hazardous waste stream 
at the equipment.
    (v) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (vi) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (2) For facilities that comply with the provisions of Sec. 
264.1033(a)(2), an implementation schedule as specified in Sec. 
264.1033(a)(2).
    (3) Where an owner or operator chooses to use test data to 
demonstrate the organic removal efficiency or total organic compound 
concentration achieved by the control device, a performance test plan as 
specified in Sec. 264.1035(b)(3).
    (4) Documentation of compliance with Sec. 264.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 264.1035(b)(4).
    (c) When each leak is detected as specified in Sec. Sec. 264.1052, 
264.1053, 264.1057, and 264.1058, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, the date evidence of a potential 
leak was found in accordance with Sec. 264.1058(a), and the date the 
leak was detected, shall be attached to the leaking equipment.
    (2) The identification on equipment, except on a valve, may be 
removed after it has been repaired.
    (3) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. 264.1057(c) and 
no leak has been detected during those 2 months.
    (d) When each leak is detected as specified in Sec. Sec. 264.1052, 
264.1053, 264.1057, and 264.1058, the following information shall be 
recorded in an inspection log and shall be kept in the facility 
operating record:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date evidence of a potential leak was found in accordance 
with Sec. 264.1058(a).
    (3) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 264.1063(b) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (6) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (7) Documentation supporting the delay of repair of a valve in 
compliance with Sec. 264.1059(c).
    (8) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a hazardous 
waste management unit shutdown.
    (9) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (10) The date of successful repair of the leak.
    (e) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of Sec. 264.1060 shall be recorded and kept 
up-to-date in the facility operating record as specified in Sec. 
264.1035(c). Design documentation is specified in Sec. 264.1035 (c)(1) 
and (c)(2) and monitoring, operating, and in spection information in 
Sec. 264.1035 (c)(3)-(c)(8).
    (f) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (g) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec. 264.1052 through 264.1060 shall be 
recorded in a log that is kept in the facility operating record:
    (1) A list of identification numbers for equipment (except welded 
fittings)

[[Page 533]]

subject to the requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to designate for no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, under the provisions of Sec. Sec. 264.1052(e), 264.1053(i), 
and 264.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Sec. Sec. 264.1052(e), 264.1053(i), or 264.1057(f) 
shall be signed by the owner or operator.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 264.1054(a).
    (4)(i) The dates of each compliance test required in Sec. Sec. 
264.1052(e), 264.1053(i), 264.1054, and 264.1057(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for less than 300 hours 
per calendar year.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 264.1057 (g) and (h) shall be recorded in a 
log that is kept in the facility operating record:
    (1) A list of identification numbers for valves that are designated 
as unsafe to monitor, an explanation for each valve stating why the 
valve is unsafe to monitor, and the plan for monitoring each valve.
    (2) A list of identification numbers for valves that are designated 
as difficult to monitor, an explanation for each valve stating why the 
valve is difficult to monitor, and the planned schedule for monitoring 
each valve.
    (i) The following information shall be recorded in the facility 
operating record for valves complying with Sec. 264.1062:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (j) The following information shall be recorded in a log that is 
kept in the facility operating record:
    (1) Criteria required in Sec. 264.1052(d)(5)(ii) and Sec. 
264.1053(e)(2) and an explanation of the design criteria.
    (2) Any changes to these criteria and the reasons for the changes.
    (k) The following information shall be recorded in a log that is 
kept in the facility operating record for use in determining exemptions 
as provided in the applicability section of this subpart and other 
specific subparts:
    (1) An analysis determining the design capacity of the hazardous 
waste management unit.
    (2) A statement listing the hazardous waste influent to and effluent 
from each hazardous waste management unit subject to the requirements in 
Sec. Sec. 264.1052 through 264.1060 and an analysis determining whether 
these hazardous wastes are heavy liquids.
    (3) An up-to-date analysis and the supporting information and data 
used to determine whether or not equipment is subject to the 
requirements in Sec. Sec. 264.1052 through 264.1060. The record shall 
include supporting documentation as required by Sec. 264.1063(d)(3) 
when application of the knowledge of the nature of the hazardous waste 
stream or the process by which it was produced is used. If the owner or 
operator takes any action (e.g., changing the process that produced the 
waste) that could result in an increase in the total organic content of 
the waste contained in or contacted by equipment determined not to be 
subject to the requirements in Sec. Sec. 264.1052 through 264.1060, 
then a new determination is required.
    (l) Records of the equipment leak information required by paragraph 
(d) of this section and the operating information required by paragraph 
(e) of this section need be kept only 3 years.
    (m) The owner or operator of a facility with equipment that is 
subject to this subpart and to regulations at 40 CFR part 60, part 61, 
or part 63 may elect to determine compliance with this subpart either by 
documentation pursuant to Sec. 264.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, part 
61, or part 63 pursuant to the relevant provisions of the regulations at 
40 part

[[Page 534]]

60, part 61, or part 63. The documentation of compliance under 
regulations at 40 CFR part 60, part 61, or part 63 shall be kept with or 
made readily available with the facility operating record.

[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 
62 FR 64658, Dec. 8, 1997; 71 FR 40274, July 14, 2006]



Sec. 264.1065  Reporting requirements.

    (a) A semiannual report shall be submitted by owners and operators 
subject to the requirements of this subpart to the Regional 
Administrator by dates specified by the Regional Administrator. The 
report shall include the following information:
    (1) The Environmental Protection Agency identification number, name, 
and address of the facility.
    (2) For each month during the semiannual reporting period:
    (i) The equipment identification number of each valve for which a 
leak was not repaired as required in Sec. 264.1057(d).
    (ii) The equipment identification number of each pump for which a 
leak was not repaired as required in Sec. 264.1052 (c) and (d)(6).
    (iii) The equipment identification number of each compressor for 
which a leak was not repaired as required in Sec. 264.1053(g).
    (3) Dates of hazardous waste man agement unit shutdowns that 
occurred within the semiannual reporting period.
    (4) For each month during the semiannual reporting period, dates 
when the control device installed as required by Sec. 264.1052, 
264.1053, 264.1054, or 264.1055 exceeded or operated outside of the 
design specifications as defined in Sec. 264.1064(e) and as indicated 
by the control device monitoring required by Sec. 264.1060 and was not 
corrected within 24 hours, the duration and cause of each exceedance, 
and any corrective measures taken.
    (b) If, during the semiannual reporting period, leaks from valves, 
pumps, and compressors are repaired as required in Sec. Sec. 264.1057 
(d), 264.1052 (c) and (d)(6), and 264.1053 (g), respectively, and the 
control device does not exceed or operate outside of the design 
specifications as defined in Sec. 264.1064(e) for more than 24 hours, a 
report to the Regional Administrator is not required.



Sec. Sec. 264.1066-264.1079  [Reserved]



 Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

    Source: 59 FR 62927, Dec. 6, 1994, unless otherwise noted.



Sec. 264.1080  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of all facilities that treat, store, or dispose of hazardous waste in 
tanks, surface impoundments, or containers subject to either subpart I, 
J, or K of this part except as Sec. 264.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart do not apply to the following 
waste management units at the facility:
    (1) A waste management unit that holds hazardous waste placed in the 
unit before December 6, 1996, and in which no hazardous waste is added 
to the unit on or after December 6, 1996.
    (2) A container that has a design capacity less than or equal to 0.1 
m\3\.
    (3) A tank in which an owner or operator has stopped adding 
hazardous waste and the owner or operator has begun implementing or 
completed closure pursuant to an approved closure plan.
    (4) A surface impoundment in which an owner or operator has stopped 
adding hazardous waste (except to implement an approved closure plan) 
and the owner or operator has begun implementing or completed closure 
pursuant to an approved closure plan.
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is placed in the unit as a 
result of implementing remedial activities required under the corrective 
action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA 
authorities; or similar Federal or State authorities.
    (6) A waste management unit that is used solely for the management 
of radioactive mixed waste in accordance with all applicable regulations 
under the authority of the Atomic Energy Act and the Nuclear Waste 
Policy Act.

[[Page 535]]

    (7) A hazardous waste management unit that the owner or operator 
certifies is equipped with and operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63. For the 
purpose of complying with this paragraph, a tank for which the air 
emission control includes an enclosure, as opposed to a cover, must be 
in compliance with the enclosure and control device requirements of 
Sec. 264.1084(i), except as provided in Sec. 264.1082(c)(5).
    (8) A tank that has a process vent as defined in 40 CFR 264.1031.
    (c) For the owner and operator of a facility subject to this subpart 
who received a final permit under RCRA section 3005 prior to December 6, 
1996, the requirements of this subpart shall be incorporated into the 
permit when the permit is reissued in accordance with the requirements 
of 40 CFR 124.15 of this chapter or reviewed in accordance with the 
requirements of 40 CFR 270.50(d) of this chapter. Until such date when 
the permit is reissued in accordance with the requirements of 40 CFR 
124.15 or reviewed in accordance with the requirements of 40 CFR 
270.50(d), the owner and operator are subject to the requirements of 40 
CFR part 265, subpart CC.
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 264.1089(i) of this subpart, are 
administratively stayed for a tank or a container used for the 
management of hazardous waste generated by organic peroxide 
manufacturing and its associated laboratory operations when the owner or 
operator of the unit meets all of the following conditions:
    (1) The owner or operator identifies that the tank or container 
receives hazardous waste generated by an organic peroxide manufacturing 
process producing more than one functional family of organic peroxides 
or multiple organic peroxides within one functional family, that one or 
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures, and 
that organic peroxides are the predominant products manufactured by the 
process. For the purpose of meeting the conditions of this paragraph, 
``organic peroxide'' means an organic compound that contains the 
bivalent --O--O-- structure and which may be considered to be a 
structural derivative of hydrogen peroxide where one or both of the 
hydrogen atoms has been replaced by an organic radical.
    (2) The owner or operator prepares documentation, in accordance with 
the requirements of Sec. 264.1089(i) of this subpart, explaining why an 
undue safety hazard would be created if air emission controls specified 
in Sec. Sec. 264.1084 through 264.1087 of this subpart are installed 
and operated on the tanks and containers used at the facility to manage 
the hazardous waste generated by the organic peroxide manufacturing 
process or processes meeting the conditions of paragraph (d)(1) of this 
section.
    (3) The owner or operator notifies the Regional Administrator in 
writing that hazardous waste generated by an organic peroxide 
manufacturing process or processes meeting the conditions of paragraph 
(d)(1) of this section are managed at the facility in tanks or 
containers meeting the conditions of paragraph (d)(2) of this section. 
The notification shall state the name and address of the facility, and 
be signed and dated by an authorized representative of the facility 
owner or operator.
    (e)(1) Except as provided in paragraph (e)(2) of this section, the 
requirements of this subpart do not apply to the pharmaceutical 
manufacturing facility, commonly referred to as the Stonewall Plant, 
located at Route 340 South, Elkton, Virginia, provided that facility is 
operated in compliance with the requirements contained in a Clean Air 
Act permit issued pursuant to 40 CFR 52.2454. The requirements of this 
subpart shall apply to the facility upon termination of the Clean Air 
Act permit issued pursuant to 40 CFR 52.2454.
    (2) Notwithstanding paragraph (e)(1) of this section, any hazardous 
waste surface impoundment operated at the Stonewall Plant is subject to:
    (i) The standards in Sec. 264.1085 and all requirements related to 
hazardous waste surface impoundments that are referenced in or by Sec. 
264.1085, including the closed-vent system and control device 
requirements of Sec. 264.1087 and the

[[Page 536]]

recordkeeping requirements of Sec. 264.1089(c); and
    (ii) The reporting requirements of Sec. 264.1090 that are 
applicable to surface impoundments and/or to closed-vent systems and 
control devices associated with a surface impoundment.
    (f) This section applies only to the facility commonly referred to 
as the OSi Specialties Plant, located on State Route 2, Sistersville, 
West Virginia (``Sistersville Plant'').
    (1)(i) Provided that the Sistersville Plant is in compliance with 
the requirements of paragraph (f)(2) of this section, the requirements 
referenced in paragraphs (f)(1)(iii) and (f)(1)(iv) of this section are 
temporarily deferred, as specified in paragraph (f)(3) of this section, 
with respect to the two hazardous waste surface impoundments at the 
Sistersville Plant. Beginning on the date that paragraph (f)(1)(ii) of 
this section is first implemented, the temporary deferral of this 
paragraph shall no longer be effective.
    (ii)(A) In the event that a notice of revocation is issued pursuant 
to paragraph (f)(3)(iv) of this section, the requirements referenced in 
paragraphs (f)(1)(iii) and (f)(1)(iv) of this section are temporarily 
deferred, with respect to the two hazardous waste surface impoundments, 
provided that the Sistersville Plant is in compliance with the 
requirements of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), 
(f)(2)(v), (f)(2)(vi) and (g) of this section, except as provided under 
paragraph (f)(1)(ii)(B) of this section. The temporary deferral of the 
previous sentence shall be effective beginning on the date the 
Sistersville Plant receives written notification of revocation, and 
continuing for a maximum period of 18 months from that date, provided 
that the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) 
and (g) of this section at all times during that 18-month period. In no 
event shall the temporary deferral continue to be effective after the 
MON Compliance Date.
    (B) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section as a result of the 
permanent removal of the capper unit from methyl capped polyether 
production service, the requirements referenced in paragraphs 
(f)(1)(iii) and (f)(1)(iv) of this section are temporarily deferred, 
with respect to the two hazardous waste surface impoundments, provided 
that the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral 
of the previous sentence shall be effective beginning on the date the 
Sistersville Plant receives written notification of revocation, and 
continuing for a maximum period of 18 months from that date, provided 
that the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(vi) and (g) of this section at all times during that 
18-month period. In no event shall the temporary deferral continue to be 
effective after the MON Compliance Date.
    (iii) The standards in Sec. 264.1085 of this part, and all 
requirements referenced in or by Sec. 264.1085 that otherwise would 
apply to the two hazardous waste surface impoundments, including the 
closed-vent system and control device requirements of Sec. 264.1087 of 
this part.
    (iv) The reporting requirements of Sec. 264.1090 that are 
applicable to surface impoundments and/or to closed-vent systems and 
control devices associated with a surface impoundment.
    (2) Notwithstanding the effective period and revocation provisions 
in paragraph (f)(3) of this section, the temporary deferral provided in 
paragraph (f)(1)(i) of this section is effective only if the 
Sistersville Plant meets the requirements of paragraph (f)(2) of this 
section.
    (i) The Sistersville Plant shall install an air pollution control 
device on the polyether methyl capper unit (``capper unit''), implement 
a methanol recovery operation, and implement a waste minimization/
pollution prevention (``WMPP'') project. The installation and 
implementation of these requirements shall be conducted according to the 
schedule described in paragraphs (f)(2)(i) and (f)(2)(vi) of this 
section.
    (A) The Sistersville Plant shall complete the initial start-up of a 
thermal incinerator on the capper unit's process vents from the first 
stage vacuum pump, from the flash pot and surge

[[Page 537]]

tank, and from the water stripper, no later than April 1, 1998.
    (B) The Sistersville Plant shall provide to the EPA and the West 
Virginia Department of Environmental Protection, written notification of 
the actual date of initial start-up of the thermal incinerator, and 
commencement of the methanol recovery operation. The Sistersville Plant 
shall submit this written notification as soon as practicable, but in no 
event later than 15 days after such events.
    (ii) The Sistersville Plant shall install and operate the capper 
unit process vent thermal incinerator according to the requirements of 
paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this section.
    (A) Capper unit process vent thermal incinerator.
    (1) Except as provided under paragraph (f)(2)(ii)(D) of this 
section, the Sistersville Plant shall operate the process vent thermal 
incinerator such that the incinerator reduces the total organic 
compounds (``TOC'') from the process vent streams identified in 
paragraph (f)(2)(i)(A) of this section, by 98 weight-percent, or to a 
concentration of 20 parts per million by volume, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent.
    (i) Prior to conducting the initial performance test required under 
paragraph (f)(2)(ii)(B) of this section, the Sistersville Plant shall 
operate the thermal incinerator at or above a minimum temperature of 
1600 Fahrenheit.
    (ii) After the initial performance test required under paragraph 
(f)(2)(ii)(B) of this section, the Sistersville Plant shall operate the 
thermal incinerator at or above the minimum temperature established 
during that initial performance test.
    (iii) The Sistersville Plant shall operate the process vent thermal 
incinerator at all times that the capper unit is being operated to 
manufacture product.
    (2) The Sistersville Plant shall install, calibrate, and maintain 
all air pollution control and monitoring equipment described in 
paragraphs (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this section, according 
to the manufacturer's specifications, or other written procedures that 
provide adequate assurance that the equipment can reasonably be expected 
to control and monitor accurately, and in a manner consistent with good 
engineering practices during all periods when emissions are routed to 
the unit.
    (B) The Sistersville Plant shall comply with the requirements of 
paragraphs (f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(3) of this section for 
performance testing and monitoring of the capper unit process vent 
thermal incinerator.
    (1) Within sixty (120) days after thermal incinerator initial start-
up, the Sistersville Plant shall conduct a performance test to determine 
the minimum temperature at which compliance with the emission reduction 
requirement specified in paragraph (f)(4) of this section is achieved. 
This determination shall be made by measuring TOC minus methane and 
ethane, according to the procedures specified in paragraph (f)(2)(ii)(B) 
of this section.
    (2) The Sistersville Plant shall conduct the initial performance 
test in accordance with the standards set forth in paragraph (f)(4) of 
this section.
    (3) Upon initial start-up, the Sistersville Plant shall install, 
calibrate, maintain and operate, according to manufacturer's 
specifications and in a manner consistent with good engineering 
practices, the monitoring equipment described in paragraphs 
(f)(2)(ii)(B)(3)(i) through (f)(2)(ii)(B)(3)(iii) of this section.
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature monitoring device shall be installed in the 
firebox or in the duct work immediately downstream of the firebox in a 
position before any substantial heat exchange is encountered.
    (ii) A flow indicator that provides a record of vent stream flow to 
the incinerator at least once every fifteen minutes. The flow indicator 
shall be installed in the vent stream from the process vent at a point 
closest to the inlet of the incinerator.
    (iii) If the closed-vent system includes bypass devices that could 
be used to divert the gas or vapor stream to the atmosphere before 
entering the control device, each bypass device shall be equipped with 
either a bypass flow

[[Page 538]]

indicator or a seal or locking device as specified in this paragraph. 
For the purpose of complying with this paragraph, low leg drains, high 
point bleeds, analyzer vents, open-ended valves or lines, spring-loaded 
pressure relief valves, and other fittings used for safety purposes are 
not considered to be bypass devices. If a bypass flow indicator is used 
to comply with this paragraph, the bypass flow indicator shall be 
installed at the inlet to the bypass line used to divert gases and 
vapors from the closed-vent system to the atmosphere at a point upstream 
of the control device inlet. If a seal or locking device (e.g. car-seal 
or lock-and-key configuration) is used to comply with this paragraph, 
the device shall be placed on the mechanism by which the bypass device 
position is controlled (e.g., valve handle, damper levels) when the 
bypass device is in the closed position such that the bypass device 
cannot be opened without breaking the seal or removing the lock. The 
Sistersville Plant shall visually inspect the seal or locking device at 
least once every month to verify that the bypass mechanism is maintained 
in the closed position.
    (C) The Sistersville Plant shall keep on-site an up-to-date, readily 
accessible record of the information described in paragraphs 
(f)(2)(ii)(C)(1) through (f)(2)(ii)(C)(4) of this section.
    (1) Data measured during the initial performance test regarding the 
firebox temperature of the incinerator and the percent reduction of TOC 
achieved by the incinerator, and/or such other information required in 
addition to or in lieu of that information by the WVDEP in its approval 
of equivalent test methods and procedures.
    (2) Continuous records of the equipment operating procedures 
specified to be monitored under paragraph (f)(2)(ii)(B)(3) of this 
section, as well as records of periods of operation during which the 
firebox temperature falls below the minimum temperature established 
under paragraph (f)(2)(ii)(A)(1) of this section.
    (3) Records of all periods during which the vent stream has no flow 
rate to the extent that the capper unit is being operated during such 
period.
    (4) Records of all periods during which there is flow through a 
bypass device.
    (D) The Sistersville Plant shall comply with the start-up, shutdown, 
maintenance and malfunction requirements contained in paragraphs 
(f)(2)(ii)(D)(1) through (f)(2)(ii)(D)(6) of this section, with respect 
to the capper unit process vent incinerator.
    (1) The Sistersville Plant shall develop and implement a Start-up, 
Shutdown and Malfunction Plan as required by the provisions set forth in 
paragraph (f)(2)(ii)(D) of this section. The plan shall describe, in 
detail, procedures for operating and maintaining the thermal incinerator 
during periods of start-up, shutdown and malfunction, and a program of 
corrective action for malfunctions of the thermal incinerator.
    (2) The plan shall include a detailed description of the actions the 
Sistersville Plant will take to perform the functions described in 
paragraphs (f)(2)(ii)(D)(2)(i) through (f)(2)(ii)(D)(2)(iii) of this 
section.
    (i) Ensure that the thermal incinerator is operated in a manner 
consistent with good air pollution control practices.
    (ii) Ensure that the Sistersville Plant is prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions.
    (iii) Reduce the reporting requirements associated with periods of 
start-up, shutdown and malfunction.
    (3) During periods of start-up, shutdown and malfunction, the 
Sistersville Plant shall maintain the process unit and the associated 
thermal incinerator in accordance with the procedures set forth in the 
plan.
    (4) The plan shall contain record keeping requirements relating to 
periods of start-up, shutdown or malfunction, actions taken during such 
periods in conformance with the plan, and any failures to act in 
conformance with the plan during such periods.
    (5) During periods of maintenance or malfunction of the thermal 
incinerator, the Sistersville Plant may continue to operate the capper 
unit, provided that operation of the capper unit without the thermal 
incinerator shall

[[Page 539]]

be limited to no more than 240 hours each calendar year.
    (6) For the purposes of paragraph (f)(2)(iii)(D) of this section, 
the Sistersville Plant may use its operating procedures manual, or a 
plan developed for other reasons, provided that plan meets the 
requirements of paragraph (f)(2)(iii)(D) of this section for the start-
up, shutdown and malfunction plan.
    (iii) The Sistersville Plant shall operate the closed-vent system in 
accordance with the requirements of paragraphs (f)(2)(iii)(A) through 
(f)(2)(iii)(D) of this section.
    (A) Closed-vent system.
    (1) At all times when the process vent thermal incinerator is 
operating, the Sistersville Plant shall route the vent streams 
identified in paragraph (f)(2)(i) of this section from the capper unit 
to the thermal incinerator through a closed-vent system.
    (2) The closed-vent system will be designed for and operated with no 
detectable emissions, as defined in paragraph (f)(6) of this section.
    (B) The Sistersville Plant will comply with the performance 
standards set forth in paragraph (f)(2)(iii)(A)(1) of this section on 
and after the date on which the initial performance test referenced in 
paragraph (f)(2)(ii)(B) of this section is completed, but no later than 
sixty (60) days after the initial start-up date.
    (C) The Sistersville Plant shall comply with the monitoring 
requirements of paragraphs (f)(2)(iii)(C)(1) through (f)(2)(iii)(C)(3) 
of this section, with respect to the closed-vent system.
    (1) At the time of the performance test described in paragraph 
(f)(2)(ii)(B) of this section, the Sistersville Plant shall inspect the 
closed-vent system as specified in paragraph (f)(5) of this section.
    (2) At the time of the performance test described in paragraph 
(f)(2)(ii)(B) of this section, and annually thereafter, the Sistersville 
Plant shall inspect the closed-vent system for visible, audible, or 
olfactory indications of leaks.
    (3) If at any time a defect or leak is detected in the closed-vent 
system, the Sistersville Plant shall repair the defect or leak in 
accordance with the requirements of paragraphs (f)(2)(iii)(C)(3)(i) and 
(f)(2)(iii)(C)(3)(ii) of this section.
    (i) The Sistersville Plant shall make first efforts at repair of the 
defect no later than five (5) calendar days after detection, and repair 
shall be completed as soon as possible but no later than forty-five (45) 
calendar days after detection.
    (ii) The Sistersville Plant shall maintain a record of the defect 
repair in accordance with the requirements specified in paragraph 
(f)(2)(iii)(D) of this section.
    (D) The Sistersville Plant shall keep on-site up-to-date, readily 
accessible records of the inspections and repairs required to be 
performed by paragraph (f)(2)(iii) of this section.
    (iv) The Sistersville Plant shall operate the methanol recovery 
operation in accordance with paragraphs (f)(2)(iv)(A) through 
(f)(2)(iv)(C) of this section.
    (A) The Sistersville Plant shall operate the condenser associated 
with the methanol recovery operation at all times during which the 
capper unit is being operated to manufacture product.
    (B) The Sistersville Plant shall comply with the monitoring 
requirements described in paragraphs (f)(2)(B)(1) through (f)(2)(B)(3) 
of this section, with respect to the methanol recovery operation.
    (1) The Sistersville Plant shall perform measurements necessary to 
determine the information described in paragraphs (f)(2)(iv)(B)(1)(i) 
and (f)(2)(iv)(B)(1)(ii) of this section to demonstrate the percentage 
recovery by weight of the methanol contained in the influent gas stream 
to the condenser.
    (i) Information as is necessary to calculate the annual amount of 
methanol generated by operating the capper unit.
    (ii) The annual amount of methanol recovered by the condenser 
associated with the methanol recovery operation.
    (2) The Sistersville Plant shall install, calibrate, maintain and 
operate according to manufacturer specifications, a temperature 
monitoring device with a continuous recorder for the condenser 
associated with the methanol

[[Page 540]]

recovery operation, as an indicator that the condenser is operating.
    (3) The Sistersville Plant shall record the dates and times during 
which the capper unit and the condenser are operating.
    (C) The Sistersville Plant shall keep on-site up-to-date, readily-
accessible records of the parameters specified to be monitored under 
paragraph (f)(2)(iv)(B) of this section.
    (v) The Sistersville Plant shall comply with the requirements of 
paragraphs (f)(2)(v)(A) through (f)(2)(v)(C) of this section for the 
disposition of methanol collected by the methanol recovery operation.
    (A) On an annual basis, the Sistersville Plant shall ensure that a 
minimum of 95% by weight of the methanol collected by the methanol 
recovery operation (also referred to as the ``collected methanol'') is 
utilized for reuse, recovery, or thermal recovery/treatment. The 
Sistersville Plant may use the methanol on-site, or may transfer or sell 
the methanol for reuse, recovery, or thermal recovery/treatment at other 
facilities.
    (1) Reuse. To the extent reuse of all of the collected methanol 
destined for reuse, recovery, or thermal recovery is not economically 
feasible, the Sistersville Plant shall ensure the residual portion is 
sent for recovery, as defined in paragraph (f)(6) of this section, 
except as provided in paragraph (f)(2)(v)(A)(2) of this section.
    (2) Recovery. To the extent that reuse or recovery of all the 
collected methanol destined for reuse, recovery, or thermal recovery is 
not economically feasible, the Sistersville Plant shall ensure that the 
residual portion is sent for thermal recovery/treatment, as defined in 
paragraph (f)(6) of this section.
    (3) The Sistersville Plant shall ensure that, on an annual basis, no 
more than 5% of the methanol collected by the methanol recovery 
operation is subject to bio-treatment.
    (4) In the event the Sistersville Plant receives written 
notification of revocation pursuant to paragraph (f)(3)(iv) of this 
section, the percent limitations set forth under paragraph (f)(2)(v)(A) 
of this section shall no longer be applicable, beginning on the date of 
receipt of written notification of revocation.
    (B) The Sistersville Plant shall perform such measurements as are 
necessary to determine the pounds of collected methanol directed to 
reuse, recovery, thermal recovery/treatment and bio-treatment, 
respectively, on a monthly basis.
    (C) The Sistersville Plant shall keep on-site up-to-date, readily 
accessible records of the amounts of collected methanol directed to 
reuse, recovery, thermal recovery/treatment and bio-treatment necessary 
for the measurements required under paragraph (f)(2)(iv)(B) of this 
section.
    (vi) The Sistersville Plant shall perform a WMPP project in 
accordance with the requirements and schedules set forth in paragraphs 
(f)(2)(vi)(A) through (f)(2)(vi)(C) of this section.
    (A) In performing the WMPP Project, the Sistersville Plant shall use 
a Study Team and an Advisory Committee as described in paragraphs 
(f)(2)(vi)(A)(1) through (f)(2)(vi)(A)(6) of this section.
    (1) At a minimum, the multi-functional Study Team shall consist of 
Sistersville Plant personnel from appropriate plant departments 
(including both management and employees) and an independent contractor. 
The Sistersville Plant shall select a contractor that has experience and 
training in WMPP in the chemical manufacturing industry.
    (2) The Sistersville Plant shall direct the Study Team such that the 
team performs the functions described in paragraphs (f)(2)(vi)(A)(2)(i) 
through (f)(2)(vi)(A)(2)(v) of this section.
    (i) Review Sistersville Plant operations and waste streams.
    (ii) Review prior WMPP efforts at the Sistersville Plant.
    (iii) Develop criteria for the selection of waste streams to be 
evaluated for the WMPP Project.
    (iv) Identify and prioritize the waste streams to be evaluated 
during the study phase of the WMPP Project, based on the criteria 
described in paragraph (f)(2)(vi)(A)(2)(iii) of this section.
    (v) Perform the WMPP Study as required by paragraphs 
(f)(2)(vi)(A)(3) through (f)(2)(vi)(A)(5), paragraph (f)(2)(vi)(B), and 
paragraph (f)(2)(vi)(C) of this section.

[[Page 541]]

    (3)(i) The Sistersville Plant shall establish an Advisory Committee 
consisting of a representative from EPA, a representative from WVDEP, 
the Sistersville Plant Manager, the Sistersville Plant Director of 
Safety, Health and Environmental Affairs, and a stakeholder 
representative(s).
    (ii) The Sistersville Plant shall select the stakeholder 
representative(s) by mutual agreement of EPA, WVDEP and the Sistersville 
Plant no later than 20 days after receiving from EPA and WVDEP the names 
of their respective committee members.
    (4) The Sistersville Plant shall convene a meeting of the Advisory 
Committee no later than thirty days after selection of the stakeholder 
representatives, and shall convene meetings periodically thereafter as 
necessary for the Advisory Committee to perform its assigned functions. 
The Sistersville Plant shall direct the Advisory Committee to perform 
the functions described in paragraphs (f)(2)(vi)(A)(4)(i) through 
(f)(2)(vi)(A)(4)(iii) of this section.
    (i) Review and comment upon the Study Team's criteria for selection 
of waste streams, and the Study Team's identification and prioritization 
of the waste streams to be evaluated during the WMPP Project.
    (ii) Review and comment upon the Study Team progress reports and the 
draft WMPP Study Report.
    (iii) Periodically review the effectiveness of WMPP opportunities 
implemented as part of the WMPP Project, and, where appropriate, WMPP 
opportunities previously determined to be infeasible by the Sistersville 
Plant but which had potential for feasibility in the future.
    (5) Beginning on January 15, 1998, and every ninety (90) days 
thereafter until submission of the final WMPP Study Report required by 
paragraph (f)(2)(vi)(C) of this section, the Sistersville Plant shall 
direct the Study Team to submit a progress report to the Advisory 
Committee detailing its efforts during the prior ninety (90) day period.
    (B) The Sistersville Plant shall ensure that the WMPP Study and the 
WMPP Study Report meet the requirements of paragraphs (f)(2)(vi)(B)(1) 
through (f)(2)(vi)(B)(3) of this section.
    (1) The WMPP Study shall consist of a technical, economic, and 
regulatory assessment of opportunities for source reduction and for 
environmentally sound recycling for waste streams identified by the 
Study Team.
    (2) The WMPP Study shall evaluate the source, nature, and volume of 
the waste streams; describe all the WMPP opportunities identified by the 
Study Team; provide a feasibility screening to evaluate the technical 
and economical feasibility of each of the WMPP opportunities; identify 
any cross-media impacts or any anticipated transfers of risk associated 
with each feasible WMPP opportunity; and identify the projected economic 
savings and projected quantitative waste reduction estimates for each 
WMPP opportunity identified.
    (3) No later than October 19, 1998, the Sistersville Plant shall 
prepare and submit to the members of the Advisory Committee a draft WMPP 
Study Report which, at a minimum, includes the results of the WMPP 
Study, identifies WMPP opportunities the Sistersville Plant determines 
to be feasible, discusses the basis for excluding other opportunities as 
not feasible, and makes recommendations as to whether the WMPP Study 
should be continued. The members of the Advisory Committee shall provide 
any comments to the Sistersville Plant within thirty (30) days of 
receiving the WMPP Study Report.
    (C) Within thirty (30) days after receipt of comments from the 
members of the Advisory Committee, the Sistersville Plant shall submit 
to EPA and WVDEP a final WMPP Study Report which identifies those WMPP 
opportunities the Sistersville Plant determines to be feasible and 
includes an implementation schedule for each such WMPP opportunity. The 
Sistersville Plant shall make reasonable efforts to implement all 
feasible WMPP opportunities in accordance with the priorities identified 
in the implementation schedule.
    (1) For purposes of this section, a WMPP opportunity is feasible if 
the Sistersville Plant considers it to be

[[Page 542]]

technically feasible (taking into account engineering and regulatory 
factors, product line specifications and customer needs) and 
economically practical (taking into account the full environmental costs 
and benefits associated with the WMPP opportunity and the company's 
internal requirements for approval of capital projects). For purposes of 
the WMPP Project, the Sistersville Plant shall use ``An Introduction to 
Environmental Accounting as a Business Management Tool,'' (EPA 742/R-95/
001) as one tool to identify the full environmental costs and benefits 
of each WMPP opportunity.
    (2) In implementing each WMPP opportunity, the Sistersville Plant 
shall, after consulting with the other members of the Advisory 
Committee, develop appropriate protocols and methods for determining the 
information required by paragraphs (f)(2)(vi)(2)(i) through 
(f)(2)(vi)(2)(iii) of this section.
    (i) The overall volume of wastes reduced.
    (ii) The quantities of each constituent identified in paragraph 
(f)(8) of this section reduced in the wastes.
    (iii) The economic benefits achieved.
    (3) No requirements of paragraph (f)(2)(vi) of this section are 
intended to prevent or restrict the Sistersville Plant from evaluating 
and implementing any WMPP opportunities at the Sistersville Plant in the 
normal course of its operations or from implementing, prior to the 
completion of the WMPP Study, any WMPP opportunities identified by the 
Study Team.
    (vii) The Sistersville Plant shall maintain on-site each record 
required by paragraph (f)(2) of this section, through the MON Compliance 
Date.
    (viii) The Sistersville Plant shall comply with the reporting 
requirements of paragraphs (f)(2)(viii)(A) through (f)(2)(viii)(G) of 
this section.
    (A) At least sixty days prior to conducting the initial performance 
test of the thermal incinerator, the Sistersville Plant shall submit to 
EPA and WVDEP copies of a notification of performance test, as described 
in 40 CFR 63.7(b). Following the initial performance test of the thermal 
incinerator, the Sistersville Plant shall submit to EPA and WVDEP copies 
of the performance test results that include the information relevant to 
initial performance tests of thermal incinerators contained in 40 CFR 
63.7(g)(1), 40 CFR 63.117(a)(4)(i), and 40 CFR 63.117(a)(4)(ii).
    (B) Beginning in 1999, on January 31 of each year, the Sistersville 
Plant shall submit a semiannual written report to the EPA and WVDEP, 
with respect to the preceding six month period ending on December 31, 
which contains the information described in paragraphs 
(f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(10) of this section.
    (1) Instances of operating below the minimum operating temperature 
established for the thermal incinerator under paragraph (f)(2)(ii)(A)(1) 
of this section which were not corrected within 24 hours of onset.
    (2) Any periods during which the paper unit was being operated to 
manufacture product while the flow indicator the vent streams to the 
thermal incinerator showed no flow.
    (3) Any periods during which the capper unit was being operated to 
manufacture product while the flow indicator for any bypass device on 
the closed vent system to the thermal incinerator showed flow.
    (4) Information required to be reported during that six month period 
under the preconstruction permit issued under the state permitting 
program approved under subpart XX of 40 CFR Part 52--Approval and 
Promulgation of Implementation Plans for West Virginia.
    (5) Any periods during which the capper unit was being operated to 
manufacture product while the condenser associated with the methanol 
recovery operation was not in operation.
    (6) The amount (in pounds and by month) of methanol collected by the 
methanol recovery operation during the six month period.
    (7) The amount (in pounds and by month) of collected methanol 
utilized for reuse, recovery, thermal recovery/treatment, or bio-
treatment, respectively, during the six month period.
    (8) The calculated amount (in pounds and by month) of methanol 
generated by operating the capper unit.
    (9) The status of the WMPP Project, including the status of 
developing the WMPP Study Report.

[[Page 543]]

    (10) Beginning in the year after the Sistersville Plant submits the 
final WMPP Study Report required by paragraph (f)(2)(vi)(C) of this 
section, and continuing in each subsequent Semiannual Report required by 
paragraph (f)(2)(viii)(B) of this section, the Sistersville Plant shall 
report on the progress of the implementation of feasible WMPP 
opportunities identified in the WMPP Study Report. The Semiannual Report 
required by paragraph (f)(2)(viii)(B) of this section shall identify any 
cross-media impacts or impacts to worker safety or community health 
issues that have occurred as a result of implementation of the feasible 
WMPP opportunities.
    (C) Beginning in 1999, on July 31 of each year, the Sistersville 
Plant shall provide an Annual Project Report to the EPA and WVDEP 
Project XL contacts containing the information required by paragraphs 
(f)(2)(viii)(C)(1) through (f)(2)(viii)(C)(8) of this section.
    (1) The categories of information required to be submitted under 
paragraphs (f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(8) of this 
section, for the preceding 12 month period ending on June 30.
    (2) An updated Emissions Analysis for January through December of 
the preceding calendar year. The Sistersville Plant shall submit the 
updated Emissions Analysis in a form substantially equivalent to the 
previous Emissions Analysis prepared by the Sistersville Plant to 
support Project XL. The Emissions Analysis shall include a comparison of 
the volatile organic emissions associated with the capper unit process 
vents and the wastewater treatment system (using the EPA Water 8 model 
or other model agreed to by the Sistersville Plant, EPA and WVDEP) under 
Project XL with the expected emissions from those sources absent Project 
XL during that period.
    (3) A discussion of the Sistersville Plant's performance in meeting 
the requirements of this section, specifically identifying any areas in 
which the Sistersville Plant either exceeded or failed to achieve any 
such standard.
    (4) A description of any unanticipated problems in implementing the 
XL Project and any steps taken to resolve them.
    (5) A WMPP Implementation Report that contains the information 
contained in paragraphs (f)(2)(viii)(C)(5)(i) through (viii)(C)(5)(vi) 
of this section.
    (i) A summary of the WMPP opportunities selected for implementation.
    (ii) A description of the WMPP opportunities initiated and/or 
completed.
    (iii) Reductions in volume of waste generated and amounts of each 
constituent reduced in wastes including any constituents identified in 
paragraph (f)(8) of this section.
    (iv) An economic benefits analysis.
    (v) A summary of the results of the Advisory Committee's review of 
implemented WMPP opportunities.
    (vi) A reevaluation of WMPP opportunities previously determined to 
be infeasible by the Sistersville Plant but which had potential for 
future feasibility.
    (6) An assessment of the nature of, and the successes or problems 
associated with, the Sistersville Plant's interaction with the federal 
and state agencies under the Project.
    (7) An update on stakeholder involvement efforts.
    (8) An evaluation of the Project as implemented against the Project 
XL Criteria and the baseline scenario.
    (D) The Sistersville Plant shall submit to the EPA and WVDEP Project 
XL contacts a written Final Project Report covering the period during 
which the temporary deferral was effective, as described in paragraph 
(f)(3) of this section.
    (1) The Final Project Report shall contain the information required 
to be submitted for the Semiannual Report required under paragraph 
(f)(2)(viii)(B) of this section, and the Annual Project Report required 
under paragraph (f)(2)(viii)(C) of this section.
    (2) The Sistersville Plant shall submit the Final Project Report to 
EPA and WVDEP no later than 180 days after the temporary deferral of 
paragraph (f)(1) of this section is revoked, or 180 days after the MON 
Compliance Date, whichever occurs first.
    (E)(1) The Sistersville Plant shall retain on-site a complete copy 
of each of the report documents to be submitted to EPA and WVDEP in 
accordance with

[[Page 544]]

requirements under paragraph (f)(2) of this section. The Sistersville 
Plant shall retain this record until 180 days after the MON Compliance 
Date. The Sistersville Plant shall provide to stakeholders and 
interested parties a written notice of availability (to be mailed to all 
persons on the Project mailing list and to be provided to at least one 
local newspaper of general circulation) of each such document, and 
provide a copy of each document to any such person upon request, subject 
to the provisions of 40 CFR part 2.
    (2) Any reports or other information submitted to EPA or WVDEP may 
be released to the public pursuant to the Federal Freedom of Information 
Act (42 U.S.C. 552 et seq.), subject to the provisions of 40 CFR part 2.
    (F) The Sistersville Plant shall make all supporting monitoring 
results and records required under paragraph (f)(2) of this section 
available to EPA and WVDEP within a reasonable amount of time after 
receipt of a written request from those Agencies, subject to the 
provisions of 40 CFR part 2.
    (G) Each report submitted by the Sistersville Plant under the 
requirements of paragraph (f)(2) of this section shall be certified by a 
Responsible Corporate Officer, as defined in 40 CFR 270.11(a)(1).
    (H) For each report submitted in accordance with paragraph (f)(2) of 
this section, the Sistersville Plant shall send one copy each to the 
addresses in paragraphs (f)(2)(viii) (H)(1) through (H)(3) of this 
section.
    (1) U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2029, Attention Tad Radzinski, Mail Code 3WC11.
    (2) U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Attention L. Nancy Birnbaum, Mail Code 2129.
    (3) West Virginia Division of Environmental Protection, Office of 
Air Quality, 1558 Washington Street East, Charleston, WV 25311-2599, 
Attention John H. Johnston.
    (3) Effective period and revocation of temporary deferral.
    (i) The temporary deferral contained in this section is effective 
from April 1, 1998, and shall remain effective until the MON Compliance 
Date. The temporary deferral contained in this section may be revoked 
prior to the MON Compliance Date, as described in paragraph (f)(3)(iv) 
of this section.
    (ii) On the MON Compliance Date, the temporary deferral contained in 
this section will no longer be effective.
    (iii) The Sistersville Plant shall come into compliance with those 
requirements deferred by this section no later than the MON Compliance 
Date. No later than 18 months prior to the MON Compliance Date, the 
Sistersville Plant shall submit to EPA an implementation schedule that 
meets the requirements of paragraph (g)(1)(iii) of this section.
    (iv) The temporary deferral contained in this section may be revoked 
for cause, as determined by EPA, prior to the MON Compliance Date. The 
Sistersville Plant may request EPA to revoke the temporary deferral 
contained in this section at any time. The revocation shall be effective 
on the date that the Sistersville Plant receives written notification of 
revocation from EPA.
    (v) Nothing in this section shall affect the provisions of the MON, 
as applicable to the Sistersville Plant.
    (vi) Nothing in paragraph (f) or (g) of this section shall affect 
any regulatory requirements not referenced in paragraph (f)(1)(iii) or 
(f)(1)(iv) of this section, as applicable to the Sistersville Plant.
    (4) The Sistersville Plant shall conduct the initial performance 
test required by paragraph (f)(2)(ii)(B) of this section using the 
procedures in paragraph (f)(4) of this section. The organic 
concentration and percent reduction shall be measured as TOC minus 
methane and ethane, according to the procedures specified in paragraph 
(f)(4) of this section.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (A) To determine compliance with the 98 percent reduction of TOC 
requirement of paragraph (f)(2)(ii)(A)(1) of this section, sampling 
sites shall be located at the inlet of the control device after the 
final product recovery device, and at the outlet of the control device.
    (B) To determine compliance with the 20 parts per million by volume 
TOC

[[Page 545]]

limit in paragraph (f)(2)(ii)(A)(1) of this section, the sampling site 
shall be located at the outlet of the control device.
    (ii) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
    (iii) To determine compliance with the 20 parts per million by 
volume TOC limit in paragraph (f)(2)(ii)(A)(1) of this section, the 
Sistersville Plant shall use Method 18 of 40 CFR part 60, appendix A to 
measure TOC minus methane and ethane. Alternatively, any other method or 
data that has been validated according to the applicable procedures in 
Method 301 of 40 CFR part 63, appendix A, may be used. The following 
procedures shall be used to calculate parts per million by volume 
concentration, corrected to 3 percent oxygen:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (B) The concentration of TOC minus methane and ethane 
(CTOC) shall be calculated as the sum of the concentrations 
of the individual components, and shall be computed for each run using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR15SE98.016

Where:

TOC=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
ji=Concentration of sample components j of sample i, dry 
basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (C) The concentration of TOC shall be corrected to 3 percent oxygen 
if a combustion device is the control device.
    (1) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) samples are taken.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15SE98.017

Where:

Cc=Concentration of TOC corrected to 3 percent oxygen, dry 
basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (iv) To determine compliance with the 98 percent reduction 
requirement of paragraph (f)(2)(ii)(A)(1) of this section, the 
Sistersville Plant shall use Method 18 of 40 CFR part 60, appendix A; 
alternatively, any other method or data that has been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A may be used. The following procedures shall be used to 
calculate percent reduction efficiency:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (B) The mass rate of TOC minus methane and ethane (Ei, 
Eo) shall be computed. All organic compounds (minus methane 
and ethane) measured by Method 18 of 40 CFR part 60, appendix A are 
summed using the following equations:
[GRAPHIC] [TIFF OMITTED] TR15SE98.018

Where:

Cij, Coj=Concentration of sample component j of 
the gas stream at the inlet and outlet of

[[Page 546]]

the control device, respectively, dry basis, parts per million by 
volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) 
at the inlet and outlet of the control device, respectively, dry basis, 
kilogram per hour.
Mij, Moj=Molecular weight of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meter per 
minute.
K2=Constant, 2.494x10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature (gram-mole per standard 
cubic meter) is 20 [deg]C.

    (C) The percent reduction in TOC (minus methane and ethane) shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15SE98.019

Where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) at the inlet 
to the control device as calculated under paragraph (f)(4)(iv)(B) of 
this section, kilograms TOC per hour.
Eo=Mass rate of TOC (minus methane and ethane) at the outlet 
of the control device, as calculated under paragraph (f)(4)(iv)(B) of 
this section, kilograms TOC per hour.

    (5) At the time of the initial performance test of the process vent 
thermal incinerator required under paragraph (f)(2)(ii)(B) of this 
section, the Sistersville Plant shall inspect each closed vent system 
according to the procedures specified in paragraphs (f)(5)(i) through 
(f)(5)(vi) of this section.
    (i) The initial inspections shall be conducted in accordance with 
Method 21 of 40 CFR part 60, appendix A.
    (ii) (A) Except as provided in paragraph (f)(5)(ii)(B) of this 
section, the detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 of 40 CFR part 60, 
appendix A shall be for the average composition of the process fluid not 
each individual volatile organic compound in the stream. For process 
streams that contain nitrogen, air, or other inerts which are not 
organic hazardous air pollutants or volatile organic compounds, the 
average stream response factor shall be calculated on an inert-free 
basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (f)(5)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (f)(5)(ii)(A) of this section.
    (iii) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(f)(5)(ii)(A) of this section. In such cases, the calibration gas may be 
a mixture of one or more of the compounds to be measured in air.
    (v) The Sistersville Plant may elect to adjust or not adjust 
instrument readings for background. If the Sistersville Plant elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If the Sistersville Plant elects to adjust 
instrument readings for background, the Sistersville Plant shall measure 
background concentration using the procedures in 40 CFR 63.180(b) and 
(c). The Sistersville Plant shall subtract background reading from the 
maximum concentration indicated by the instrument.
    (vi) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (6) Definitions of terms as used in paragraphs (f) and (g) of this 
section.

[[Page 547]]

    (i) Closed vent system is defined as a system that is not open to 
the atmosphere and that is composed of piping, connections and, if 
necessary, flow-inducing devices that transport gas or vapor from the 
capper unit process vent to the thermal incinerator.
    (ii) No detectable emissions means an instrument reading of less 
than 500 parts per million by volume above background as determined by 
Method 21 in 40 CFR part 60.
    (iii) Reuse includes the substitution of collected methanol (without 
reclamation subsequent to its collection) for virgin methanol as an 
ingredient (including uses as an intermediate) or as an effective 
substitute for a commercial product.
    (iv) Recovery includes the substitution of collected methanol for 
virgin methanol as an ingredient (including uses as an intermediate) or 
as an effective substitute for a commercial product following 
reclamation of the methanol subsequent to its collection.
    (v) Thermal recovery/treatment includes the use of collected 
methanol in fuels blending or as a feed to any combustion device to the 
extent permitted by Federal and state law.
    (vi) Bio-treatment includes the treatment of the collected methanol 
through introduction into a biological treatment system, including the 
treatment of the collected methanol as a waste stream in an on-site or 
off-site wastewater treatment system. Introduction of the collected 
methanol to the on-site wastewater treatment system will be limited to 
points downstream of the surface impoundments, and will be consistent 
with the requirements of federal and state law.
    (vii) Start-up shall have the meaning set forth at 40 CFR 63.2.
    (viii) Flow indicator means a device which indicates whether gas 
flow is present in the vent stream, and, if required by the permit for 
the thermal incinerator, which measures the gas flow in that stream.
    (ix) Continuous Recorder means a data recording device that records 
an instantaneous data value at least once every fifteen minutes.
    (x) MON means the National Emission Standards for Hazardous Air 
Pollutants for the source category Miscellaneous Organic Chemical 
Production and Processes (``MON''), promulgated under the authority of 
Section 112 of the Clean Air Act.
    (xi) MON Compliance Date means the date 3 years after the effective 
date of the National Emission Standards for Hazardous Air Pollutants for 
the source category Miscellaneous Organic Chemical Production and 
Processes (``MON'').
    (7) OSi Specialties, Incorporated, a subsidiary of Witco Corporation 
(``OSi''), may seek to transfer its rights and obligations under this 
section to a future owner of the Sistersville Plant in accordance with 
the requirements of paragraphs (f)(7)(i) through (f)(7)(iii) of this 
section.
    (i) OSi will provide to EPA a written notice of any proposed 
transfer at least forty-five days prior to the effective date of any 
such transfer. The written notice will identify the proposed transferee.
    (ii) The proposed transferee will provide to EPA a written request 
to assume the rights and obligations under this section at least forty-
five days prior to the effective date of any such transfer. The written 
request will describe the transferee's financial and technical 
capability to assume the obligations under this section, and will 
include a statement of the transferee's intention to fully comply with 
the terms of this section and to sign the Final Project Agreement for 
this XL Project as an additional party.
    (iii) Within thirty days of receipt of both the written notice and 
written request described in paragraphs (f)(7)(i) and (f)(7)(ii) of this 
section, EPA will determine, based on all relevant information, whether 
to approve a transfer of rights and obligations under this section from 
OSi to a different owner.
    (8) The constituents to be identified by the Sistersville Plant 
pursuant to paragraphs (f)(2)(vi)(C)(2)(ii) and (f)(2)(viii)(C)(5)(iii) 
of this section are: 1 Naphthalenamine; 1,2,4 Trichlorobenzene; 1,1 
Dichloroethylene; 1,1,1 Trichloroethane; 1,1,1,2 Tetrachloroethane; 
1,1,2 Trichloro 1,2,2 Triflouroethane; 1,1,2 Trichloroethane; 1,1,2,2 
Tetrachloroethane; 1,2 Dichlorobenzene; 1,2 Dichloroethane; 1,2 
Dichloropropane; 1,2

[[Page 548]]

Dichloropropanone; 1,2 Transdichloroethene; 1,2, Trans--Dichloroethene; 
1,2,4,5 Tetrachlorobenzine; 1,3 Dichlorobenzene; 1,4 Dichloro 2 butene; 
1,4 Dioxane; 2 Chlorophenol; 2 Cyclohexyl 4,6 dinitrophenol; 2 Methyl 
Pyridine; 2 Nitropropane; 2, 4-Di-nitrotoluene; Acetone; Acetonitrile; 
Acrylonitrile; Allyl Alcohol; Aniline; Antimony; Arsenic; Barium; 
Benzene; Benzotrichloride; Benzyl Chloride; Beryllium; Bis (2 ethyl 
Hexyl) Phthalate; Butyl Alcohol, n; Butyl Benzyl Phthalate; Cadmium; 
Carbon Disulfide; Carbon Tetrachloride; Chlorobenzene; Chloroform; 
Chloromethane; Chromium; Chrysene; Copper; Creosol; Creosol, m-; 
Creosol, o; Creosol, p; Cyanide; Cyclohexanone; Di-n-octyl phthalate; 
Dichlorodiflouromethane; Diethyl Phthalate; Dihydrosafrole; 
Dimethylamine; Ethyl Acetate; Ethyl benzene; Ethyl Ether; Ethylene 
Glycol Ethyl Ether; Ethylene Oxide; Formaldehyde; Isobutyl Alcohol; 
Lead; Mercury; Methanol; Methoxychlor; Methyl Chloride; Methyl 
Chloroformate; Methyl Ethyl Ketone; Methyl Ethyl Ketone Peroxide; Methyl 
Isobutyl Ketone; Methyl Methacrylate; Methylene Bromide; Methylene 
Chloride; Naphthalene; Nickel; Nitrobenzene; Nitroglycerine; p-
Toluidine; Phenol; Phthalic Anhydride; Polychlorinated Biphenyls; 
Propargyl Alcohol; Pyridine; Safrole; Selenium; Silver; Styrene; 
Tetrachloroethylene; Tetrahydrofuran; Thallium; Toluene; Toluene 2,4 
Diisocyanate; Trichloroethylene; Trichloroflouromethane; Vanadium; Vinyl 
Chloride; Warfarin; Xylene; Zinc.
    (g) This section applies only to the facility commonly referred to 
as the OSi Specialties Plant, located on State Route 2, Sistersville, 
West Virginia (``Sistersville Plant'').
    (1)(i) No later than 18 months from the date the Sistersville Plant 
receives written notification of revocation of the temporary deferral 
for the Sistersville Plant under paragraph (f) of this section, the 
Sistersville Plant shall, in accordance with the implementation schedule 
submitted to EPA under paragraph (g)(1)(ii) of this section, either come 
into compliance with all requirements of this subpart which had been 
deferred by paragraph (f)(1)(i) of this section, or complete a facility 
or process modification such that the requirements of Sec. 264.1085 are 
no longer applicable to the two hazardous waste surface impoundments. In 
any event, the Sistersville Plant must complete the requirements of the 
previous sentence no later than the MON Compliance Date; if the 
Sistersville Plant receives written notification of revocation of the 
temporary deferral after the date 18 months prior to the MON Compliance 
Date, the date by which the Sistersville Plant must complete the 
requirements of the previous sentence will be the MON Compliance Date, 
which would be less than 18 months from the date of notification of 
revocation.
    (ii) Within 30 days from the date the Sistersville Plant receives 
written notification of revocation under paragraph (f)(3)(iv) of this 
section, the Sistersville Plant shall enter and maintain in the facility 
operating record an implementation schedule. The implementation schedule 
shall demonstrate that within 18 months from the date the Sistersville 
Plant receives written notification of revocation under paragraph 
(f)(3)(iv) of this section (but no later than the MON Compliance Date), 
the Sistersville Plant shall either come into compliance with the 
regulatory requirements that had been deferred by paragraph (f)(1)(i) of 
this section, or complete a facility or process modification such that 
the requirements of Sec. 264.1085 are no longer applicable to the two 
hazardous waste surface impoundments. Within 30 days from the date the 
Sistersville Plant receives written notification of revocation under 
paragraph (f)(3)(iv) of this section, the Sistersville Plant shall 
submit a copy of the implementation schedule to the EPA and WVDEP 
Project XL contacts identified in paragraph (f)(2)(viii)(H) of this 
section. The implementation schedule shall reflect the Sistersville 
Plant's effort to come into compliance as soon as practicable (but no 
later than 18 months after the date the Sistersville Plant receives 
written notification of revocation, or the MON Compliance Date, 
whichever is sooner) with all regulatory requirements that had been 
deferred under paragraph

[[Page 549]]

(f)(1)(i) of this section, or to complete a facility or process 
modification as soon as practicable (but no later than 18 months after 
the date the Sistersville Plant receives written notification of 
revocation, or the MON Compliance Date, whichever is sooner) such that 
the requirements of Sec. 264.1085 are no longer applicable to the two 
hazardous waste surface impoundments.
    (iii) The implementation schedule shall include the information 
described in either paragraph (g)(1)(iii)(A) or (B) of this section.
    (A) Specific calendar dates for: Award of contracts or issuance of 
purchase orders for the control equipment required by those regulatory 
requirements that had been deferred by paragraph (f)(1)(i) of this 
section; initiation of on-site installation of such control equipment; 
completion of the control equipment installation; performance of any 
testing to demonstrate that the installed control equipment meets the 
applicable standards of this subpart; initiation of operation of the 
control equipment; and compliance with all regulatory requirements that 
had been deferred by paragraph (f)(1)(i) of this section.
    (B) Specific calendar dates for the purchase, installation, 
performance testing and initiation of operation of equipment to 
accomplish a facility or process modification such that the requirements 
of Sec. 264.1085 are no longer applicable to the two hazardous waste 
surface impoundments.
    (2) Nothing in paragraphs (f) or (g) of this section shall affect 
any regulatory requirements not referenced in paragraph (f)(2)(i) or 
(ii) of this section, as applicable to the Sistersville Plant.
    (3) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section, the requirements 
referenced in paragraphs (f)(1)(iii) and (f)(1)(iv) of this section are 
temporarily deferred, with respect to the two hazardous waste surface 
impoundments, provided that the Sistersville Plant is in compliance with 
the requirements of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), 
(f)(2)(v), (f)(2)(vi) and (g) of this section, except as provided under 
paragraph (g)(4) of this section. The temporary deferral of the previous 
sentence shall be effective beginning on the date the Sistersville Plant 
receives written notification of revocation, and subject to paragraph 
(g)(5) of this section, shall continue to be effective for a maximum 
period of 18 months from that date, provided that the Sistersville Plant 
is in compliance with the requirements of paragraphs (f)(2)(ii), 
(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section 
at all times during that 18-month period.
    (4) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section as a result of the 
permanent removal of the capper unit from methyl capped polyether 
production service, the requirements referenced in paragraphs 
(f)(1)(iii) and (f)(1)(iv) of this section are temporarily deferred, 
with respect to the two hazardous waste surface impoundments, provided 
that the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral 
of the previous sentence shall be effective beginning on the date the 
Sistersville Plant receives written notification of revocation, and 
subject to paragraph (g)(5) of this section, shall continue to be 
effective for a maximum period of 18 months from that date, provided 
that the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(vi) and (g) of this section at all times during that 
18-month period.
    (5) In no event shall the temporary deferral provided under 
paragraph (g)(3) or (g)(4) of this section be effective after the MON 
Compliance Date.

[59 FR 62927, Dec. 6, 1994, as amended at 60 FR 26828, May 19, 1995; 60 
FR 50428, Sept. 29, 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28509, June 
5, 1996; 61 FR 59952, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 
64658, Dec. 8, 1997; 63 FR 11131, Mar. 6, 1998; 63 FR 19838, Apr. 22, 
1998; 63 FR 49392, Sept. 15, 1998; 63 FR 53847, Oct. 7, 1998; 64 FR 
3389, Jan. 21, 1999; 71 FR 40274, July 14, 2006]



Sec. 264.1081  Definitions.

    As used in this subpart, all terms shall have the meaning given to 
them in 40 CFR 265.1081, the Act, and parts 260 through 266 of this 
chapter.

[[Page 550]]



Sec. 264.1082  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air pollutant emissions from 
each hazardous waste management unit in accordance with standards 
specified in Sec. Sec. 264.1084 through 264.1087 of this subpart, as 
applicable to the hazardous waste management unit, except as provided 
for in paragraph (c) of this section.
    (c) A tank, surface impoundment, or container is exempt from 
standards specified in Sec. 264.1084 through Sec. 264.1087 of this 
subpart, as applicable, provided that the waste management unit is one 
of the following:
    (1) A tank, surface impoundment, or container for which all 
hazardous waste entering the unit has an average VO concentration at the 
point of waste origination of less than 500 parts per million by weight 
(ppmw). The average VO concentration shall be determined using the 
procedures specified in Sec. 264.1083(a) of this subpart. The owner or 
operator shall review and update, as necessary, this determination at 
least once every 12 months following the date of the initial 
determination for the hazardous waste streams entering the unit.
    (2) A tank, surface impoundment, or container for which the organic 
content of all the hazardous waste entering the waste management unit 
has been reduced by an organic destruction or removal process that 
achieves any one of the following conditions:
    (i) A process that removes or destroys the organics contained in the 
hazardous waste to a level such that the average VO concentration of the 
hazardous waste at the point of waste treatment is less than the exit 
concentration limit (Ct) established for the process. The 
average VO concentration of the hazardous waste at the point of waste 
treatment and the exit concentration limit for the process shall be 
determined using the procedures specified in Sec. 264.1083(b) of this 
subpart.
    (ii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for the process is equal to or greater than 95 percent, 
and the average VO concentration of the hazardous waste at the point of 
waste treatment is less than 100 ppmw. The organic reduction efficiency 
for the process and the average VO concentration of the hazardous waste 
at the point of waste treatment shall be determined using the procedures 
specified in Sec. 264.1083(b) of this subpart.
    (iii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the actual organic mass removal 
rate (MR) for the process is equal to or greater than the required 
organic mass removal rate (RMR) established for the process. The 
required organic mass removal rate and the actual organic mass removal 
rate for the process shall be determined using the procedures specified 
in Sec. 264.1083(b) of this subpart.
    (iv) A biological process that destroys or degrades the organics 
contained in the hazardous waste, such that either of the following 
conditions is met:
    (A) The organic reduction efficiency (R) for the process is equal to 
or greater than 95 percent, and the organic biodegradation efficiency 
(Rbio) for the process is equal to or greater than 95 
percent. The organic reduction efficiency and the organic biodegradation 
efficiency for the process shall be determined using the procedures 
specified in Sec. 264.1083(b) of this subpart.
    (B) The total actual organic mass biodegradation rate 
(MRbio) for all hazardous waste treated by the process is 
equal to or greater than the required organic mass removal rate (RMR). 
The required organic mass removal rate and the actual organic mass 
biodegradation rate for the process shall be determined using the 
procedures specified in Sec. 264.1083(b) of this subpart.
    (v) A process that removes or destroys the organics contained in the 
hazardous waste and meets all of the following conditions:
    (A) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, the hazardous waste is 
managed continuously in waste management units which use air emission 
controls in accordance with the standards

[[Page 551]]

specified in Sec. 264.1084 through Sec. 264.1087 of this subpart, as 
applicable to the waste management unit.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, any transfer of the 
hazardous waste is accomplished through continuous hard-piping or other 
closed system transfer that does not allow exposure of the waste to the 
atmosphere. The EPA considers a drain system that meets the requirements 
of 40 CFR part 63, subpart RR--National Emission Standards for 
Individual Drain Systems to be a closed system.
    (C) The average VO concentration of the hazardous waste at the point 
of waste treatment is less than the lowest average VO concentration at 
the point of waste origination determined for each of the individual 
waste streams entering the process or 500 ppmw, whichever value is 
lower. The average VO concentration of each individual waste stream at 
the point of waste origination shall be determined using the procedures 
specified in Sec. 264.1083(a) of this subpart. The average VO 
concentration of the hazardous waste at the point of waste treatment 
shall be determined using the procedures specified in Sec. 264.1083(b) 
of this subpart.
    (vi) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for the process is equal to or greater than 95 percent 
and the owner or operator certifies that the average VO concentration at 
the point of waste origination for each of the individual waste streams 
entering the process is less than 10,000 ppmw. The organic reduction 
efficiency for the process and the average VO concentration of the 
hazardous waste at the point of waste origination shall be determined 
using the procedures specified in Sec. 264.1083(b) and Sec. 
264.1083(a) of this subpart, respectively.
    (vii) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of subpart O of this part; or
    (B) Has designed and operates the incinerator in accordance with the 
interim status requirements of 40 CFR part 265, subpart O.
    (viii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H, or
    (B) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (ix) For the purpose of determining the performance of an organic 
destruction or removal process in accordance with the conditions in each 
of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the owner or 
operator shall account for VO concentrations determined to be below the 
limit of detection of the analytical method by using the following VO 
concentration:
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, 
whichever is less.
    (B) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can 
also be expressed as 1.8x10-6 atmospheres/gram-mole/m\3\] at 
25 degrees Celsius.
    (3) A tank or surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of paragraph 
(c)(2)(iv) of this section.
    (4) A tank, surface impoundment, or container for which all 
hazardous waste placed in the unit either:
    (i) Meets the numerical concentration limits for organic hazardous 
constituents, applicable to the hazardous waste, as specified in 40 CFR 
part 268--Land Disposal Restrictions under Table ``Treatment Standards 
for Hazardous Waste'' in 40 CFR 268.40; or
    (ii) The organic hazardous constituents in the waste have been 
treated by the treatment technology established

[[Page 552]]

by the EPA for the waste in 40 CFR 268.42(a), or have been removed or 
destroyed by an equivalent method of treatment approved by EPA pursuant 
to 40 CFR 268.42(b).
    (5) A tank used for bulk feed of hazardous waste to a waste 
incinerator and all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to or 
greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to November 25, 1996 and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' annually.
    (d) The Regional Administrator may at any time perform or request 
that the owner or operator perform a waste determination for a hazardous 
waste managed in a tank, surface impoundment, or container exempted from 
using air emission controls under the provisions of this section as 
follows:
    (1) The waste determination for average VO concentration of a 
hazardous waste at the point of waste origination shall be performed 
using direct measurement in accordance with the applicable requirements 
of Sec. 264.1083(a) of this subpart. The waste determination for a 
hazardous waste at the point of waste treatment shall be performed in 
accordance with the applicable requirements of Sec. 264.1083(b) of this 
subpart.
    (2) In performing a waste determination pursuant to paragraph (d)(1) 
of this section, the sample preparation and analysis shall be conducted 
as follows:
    (i) In accordance with the method used by the owner or operator to 
perform the waste analysis, except in the case specified in paragraph 
(d)(2)(ii) of this section.
    (ii) If the Regional Administrator determines that the method used 
by the owner or operator was not appropriate for the hazardous waste 
managed in the tank, surface impoundment, or container, then the 
Regional Administrator may choose an appropriate method.
    (3) In a case when the owner or operator is requested to perform the 
waste determination, the Regional Administrator may elect to have an 
authorized representative observe the collection of the hazardous waste 
samples used for the analysis.
    (4) In a case when the results of the waste determination performed 
or requested by the Regional Administrator do not agree with the results 
of a waste determination performed by the owner or operator using 
knowledge of the waste, then the results of the waste determination 
performed in accordance with the requirements of paragraph (d)(1) of 
this section shall be used to establish compliance with the requirements 
of this subpart.
    (5) In a case when the owner or operator has used an averaging 
period greater than 1 hour for determining the average VO concentration 
of a hazardous waste at the point of waste origination, the Regional 
Administrator may elect to establish compliance with this subpart by 
performing or requesting that the owner or operator perform a waste 
determination using direct measurement based on waste samples collected 
within a 1-hour period as follows:
    (i) The average VO concentration of the hazardous waste at the point 
of waste origination shall be determined by direct measurement in 
accordance with the requirements of Sec. 264.1083(a) of this subpart.

[[Page 553]]

    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 500 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (d)(5)(iii) of this 
section.
    (iii) For the case when the average VO concentration of the 
hazardous waste at the point of waste origination previously has been 
determined by the owner or operator using an averaging period greater 
than 1 hour to be less than 500 ppmw but because of normal operating 
process variations the VO concentration of the hazardous waste 
determined by direct measurement for any given 1-hour period may be 
equal to or greater than 500 ppmw, information that was used by the 
owner or operator to determine the average VO concentration of the 
hazardous waste (e.g., test results, measurements, calculations, and 
other documentation) and recorded in the facility records in accordance 
with the requirements of Sec. 264.1083(a) and Sec. 264.1089 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.

[61 FR 59953, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997]



Sec. 264.1083  Waste determination procedures.

    (a) Waste determination procedure to determine average volatile 
organic (VO) concentration of a hazardous waste at the point of waste 
origination.
    (1) An owner or operator shall determine the average VO 
concentration at the point of waste origination for each hazardous waste 
placed in a waste management unit exempted under the provisions of Sec. 
264.1082(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Sec. 264.1084 through Sec. 
264.1087 of this subpart, as applicable to the waste management unit.
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the hazardous waste stream is placed in a waste management 
unit exempted under the provisions of Sec. 264.1082(c)(1) of this 
subpart from using air emission controls, and thereafter an initial 
determination of the average VO concentration of the waste stream shall 
be made for each averaging period that a hazardous waste is managed in 
the unit; and
    (ii) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the applicable VO concentration limits 
specified in Sec. 264.1082 of this subpart.
    (2) For a waste determination that is required by paragraph (a)(1) 
of this section, the average VO concentration of a hazardous waste at 
the point of waste origination shall be determined in accordance with 
the procedures specified in 40 CFR 265.1084(a)(2) through (a)(4).
    (b) Waste determination procedures for treated hazardous waste.
    (1) An owner or operator shall perform the applicable waste 
determinations for each treated hazardous waste placed in waste 
management units exempted under the provisions of Sec. 
264.1082(c)(2)(i) through (c)(2)(vi) of this subpart from using air 
emission controls in accordance with standards specified in Sec. Sec. 
264.1084 through 264.1087 of this subpart, as applicable to the waste 
management unit.
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the treated waste stream is placed in the exempt waste 
management unit, and thereafter update the information used for the 
waste determination at least once every 12 months following the date of 
the initial waste determination; and
    (ii) Perform a new waste determination whenever changes to the 
process generating or treating the waste stream are reasonably likely to 
cause the average VO concentration of the hazardous waste to increase to 
a level such that the applicable treatment

[[Page 554]]

conditions specified in Sec. 264.1082 (c)(2) of this subpart are not 
achieved.
    (2) The waste determination for a treated hazardous waste shall be 
performed in accordance with the procedures specified in 40 CFR 265.1084 
(b)(2) through (b)(9), as applicable to the treated hazardous waste.
    (c) Procedure to determine the maximum organic vapor pressure of a 
hazardous waste in a tank.
    (1) An owner or operator shall determine the maximum organic vapor 
pressure for each hazardous waste placed in a tank using Tank Level 1 
controls in accordance with standards specified in Sec. 264.1084(c) of 
this subpart.
    (2) The maximum organic vapor pressure of the hazardous waste may be 
determined in accordance with the procedures specified in 40 CFR 
265.1084 (c)(2) through (c)(4).
    (d) The procedure for determining no detectable organic emissions 
for the purpose of complying with this subpart shall be conducted in 
accordance with the procedures specified in 40 CFR 265.1084(d).

[61 FR 59954, Nov. 25, 1996, as amended at 62 FR 64658, Dec. 8, 1997; 64 
FR 3389, Jan. 21, 1999]



Sec. 264.1084  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from tanks for which Sec. 264.1082(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air pollutant emissions from 
each tank subject to this section in accordance with the following 
requirements as applicable:
    (1) For a tank that manages hazardous waste that meets all of the 
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section, the owner or operator shall control air pollutant emissions 
from the tank in accordance with the Tank Level 1 controls specified in 
paragraph (c) of this section or the Tank Level 2 controls specified in 
paragraph (d) of this section.
    (i) The hazardous waste in the tank has a maximum organic vapor 
pressure which is less than the maximum organic vapor pressure limit for 
the tank's design capacity category as follows:
    (A) For a tank design capacity equal to or greater than 151 m\3\, 
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but 
less than 151 m\3\, the maximum organic vapor pressure limit for the 
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum 
organic vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator to a temperature that is greater than the temperature at which 
the maximum organic vapor pressure of the hazardous waste is determined 
for the purpose of complying with paragraph (b)(1)(i) of this section.
    (iii) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process, as defined in 40 CFR 
265.1081.
    (2) For a tank that manages hazardous waste that does not meet all 
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) 
of this section, the owner or operator shall control air pollutant 
emissions from the tank by using Tank Level 2 controls in accordance 
with the requirements of paragraph (d) of this section. Examples of 
tanks required to use Tank Level 2 controls include: A tank used for a 
waste stabilization process; and a tank for which the hazardous waste in 
the tank has a maximum organic vapor pressure that is equal to or 
greater than the maximum organic vapor pressure limit for the tank's 
design capacity category as specified in paragraph (b)(1)(i) of this 
section.
    (c) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 1 controls shall meet the requirements specified 
in paragraphs (c)(1) through (c)(4) of this section:
    (1) The owner or operator shall determine the maximum organic vapor 
pressure for a hazardous waste to be managed in the tank using Tank 
Level 1 controls before the first time the hazardous waste is placed in 
the tank. The maximum organic vapor pressure shall be determined using 
the procedures

[[Page 555]]

specified in Sec. 264.1083(c) of this subpart. Thereafter, the owner or 
operator shall perform a new determination whenever changes to the 
hazardous waste managed in the tank could potentially cause the maximum 
organic vapor pressure to increase to a level that is equal to or 
greater than the maximum organic vapor pressure limit for the tank 
design capacity category specified in paragraph (b)(1)(i) of this 
section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the hazardous waste 
in the tank. The fixed roof may be a separate cover installed on the 
tank (e.g., a removable cover mounted on an open-top tank) or may be an 
integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (ii) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (iii) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
    (A) Equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever hazardous waste is managed in 
the tank, except as provided for in paragraphs (c)(2)(iii)(B) (1) and 
(2) of this section.
    (1) During periods when it is necessary to provide access to the 
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of 
this section, venting of the vapor headspace underneath the fixed roof 
to the control device is not required, opening of closure devices is 
allowed, and removal of the fixed roof is allowed. Following completion 
of the activity, the owner or operator shall promptly secure the closure 
device in the closed position or reinstall the cover, as applicable, and 
resume operation of the control device.
    (2) During periods of routine inspection, maintenance, or other 
activities needed for normal operations, and for removal of accumulated 
sludge or other residues from the bottom of the tank.
    (iv) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste to 
the atmosphere, to the extent practical, and will maintain the integrity 
of the fixed roof and closure devices throughout their intended service 
life. Factors to be considered when selecting the materials for and 
designing the fixed roof and closure devices shall include: Organic 
vapor permeability, the effects of any contact with the hazardous waste 
or its vapors managed in the tank; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
tank on which the fixed roof is installed.
    (3) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
except as follows:
    (i) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample the liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of tank.
    (ii) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere

[[Page 556]]

is allowed during normal operations for the purpose of maintaining the 
tank internal pressure in accordance with the tank design 
specifications. The device shall be designed to operate with no 
detectable organic emissions when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the tank 
internal pressure is within the internal pressure operating range 
determined by the owner or operator based on the tank manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitable, explosive, reactive, or 
hazardous materials. Examples of normal operating conditions that may 
require these devices to open are during those times when the tank 
internal pressure exceeds the internal pressure operating range for the 
tank as a result of loading operations or diurnal ambient temperature 
fluctuations.
    (iii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator shall inspect the air emission control 
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the fixed roof and its closure devices on or before the date that the 
tank becomes subject to this section. Thereafter, the owner or operator 
shall perform the inspections at least once every year except under the 
special conditions provided for in paragraph (l) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (d) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who controls air pollutant emissions from 
a tank using a fixed roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in 40 CFR 265.1081; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.

[[Page 557]]

    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim space vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: The internal floating roof is not floating on the surface of the 
liquid inside the tank; liquid has accumulated on top of the internal 
floating roof; any portion of the roof seals have detached from the roof 
rim; holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the hazardous waste surface from the 
atmosphere; or the slotted membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided in paragraph (e)(3)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years.
    (iii) As an alternative to performing the inspections specified in 
paragraph (e)(3)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or 
(e)(3)(iii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each visual inspection of an internal floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the owner or operator so that it is

[[Page 558]]

received by the Regional Administrator at least 30 calendar days before 
refilling the tank except when an inspection is not planned as provided 
for in paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 calendar 
days before refilling of the tank. This notification may be made by 
telephone and immediately followed by a written explanation for why the 
inspection is unplanned. Alternatively, written notification, including 
the explanation for the unplanned inspection, may be sent so that it is 
received by the Regional Administrator at least 7 calendar days before 
refilling the tank.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (vi) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements of 
paragraph (e) of this section.
    (f) The owner or operator who controls air pollutant emissions from 
a tank using an external floating roof shall meet the requirements 
specified in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in 40 CFR 265.1081. The total area of the gaps 
between the tank wall and the primary seal shall not exceed 212 square 
centimeters (cm\2\) per meter of tank diameter, and the width of any 
portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank 
diameter, and the width of any portion of these gaps shall not exceed 
1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float well shall be equipped 
with a cover designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vent shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.

[[Page 559]]

    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the liquid surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified as follows:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 calendar days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 calendar days after 
initial operation of the tank following installation of the floating 
roof and, thereafter, at least once every year.
    (C) If a tank ceases to hold hazardous waste for a period of 1 year 
or more, subsequent introduction of hazardous waste into the tank shall 
be considered an initial operation for the purposes of paragraphs 
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
    (D) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually using 
the following procedure:
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) diameter 
uniform probe passes freely (without forcing or binding against the 
seal) between the seal and the wall of the tank and measure the 
circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (f)(3) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for

[[Page 560]]

the seal type as specified in paragraph (f)(1)(ii) of this section.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in paragraph (f)(1)(ii) of this section, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: Holes, tears, or other openings in the rim seal or seal fabric of 
the floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (B) The owner or operator shall perform an initial inspection of the 
external floating roof and its closure devices on or before the date 
that the tank becomes subject to this section. Thereafter, the owner or 
operator shall perform the inspections at least once every year except 
for the special conditions provided for in paragraph (l) of this 
section.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(f)(3)(ii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal 
gaps as required under paragraph (f)(3)(i) of this section, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Regional Administrator at least 30 calendar days 
before the date the measurements are scheduled to be performed.
    (B) Prior to each visual inspection of an external floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the owner or operator so that it is received by the 
Regional Administrator at least 30 calendar days before refilling the 
tank except when an inspection is not planned as provided for in 
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 calendar 
days before refilling of the tank. This notification may be made by 
telephone and immediately followed by a written explanation for why the 
inspection is unplanned. Alternatively, written notification, including 
the explanation for the unplanned inspection, may be sent so that it is 
received by the Regional Administrator at least 7 calendar days before 
refilling the tank.
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements of 
paragraph (f) of this section.
    (g) The owner or operator who controls air pollutant emissions from 
a tank by venting the tank to a control device shall meet the 
requirements specified in paragraphs (g)(1) through (g)(3) of this 
section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:

[[Page 561]]

    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste to 
the atmosphere, to the extent practical, and will maintain the integrity 
of the fixed roof and closure devices throughout their intended service 
life. Factors to be considered when selecting the materials for and 
designing the fixed roof and closure devices shall include: Organic 
vapor permeability, the effects of any contact with the liquid and its 
vapor managed in the tank; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for the tank on 
which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 264.1087 of this 
subpart.
    (2) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position and 
the vapor headspace underneath the fixed roof vented to the control 
device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of a tank.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the procedures 
specified in Sec. 264.1087 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the tank 
becomes subject to this section. Thereafter, the owner or operator shall 
perform the inspections at least once every year except for the special 
conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(b) of 
this subpart.

[[Page 562]]

    (h) The owner or operator who controls air pollutant emissions by 
using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 264.1083(d) of this subpart.
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
under either or the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 265.1081 of this subpart, is required to avoid an unsafe 
condition.
    (ii) At those times when purging of inerts from the tank is required 
and the purge stream is routed to a closed-vent system and control 
device designed and operated in accordance with the requirements of 
Sec. 264.1087 of this subpart.
    (i) The owner or operator who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or direct airflow into the 
enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec. 264.1087 of this subpart.
    (3) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any enclosure, closed-vent system, or 
control device used to comply with the requirements of paragraphs (i)(1) 
and (i)(2) of this section.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 264.1087 of this 
subpart.
    (j) The owner or operator shall transfer hazardous waste to a tank 
subject to this section in accordance with the following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(j)(2) of this section, to the tank from another tank subject to this 
section or from a surface impoundment subject to Sec. 264.1085 of this 
subpart shall be conducted using continuous hard-piping or another 
closed system that does not allow exposure of the hazardous waste to the 
atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (j)(1) of this section do not 
apply when transferring a hazardous waste to the tank under any of the 
following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 264.1082(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 264.1082(c)(2) of 
this subpart.
    (iii) The hazardous waste meets the requirements of Sec. 
264.1082(c)(4) of this subpart.

[[Page 563]]

    (k) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the tank and no alternative tank 
capacity is available at the site to accept the hazardous waste normally 
managed in the tank. In this case, the owner or operator shall repair 
the defect the next time the process or unit that is generating the 
hazardous waste managed in the tank stops operation. Repair of the 
defect shall be completed before the process or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would expose 
a worker to dangerous, hazardous, or other unsafe conditions, then the 
owner or operator may designate a cover as an ``unsafe to inspect and 
monitor cover'' and comply with all of the following requirements:
    (i) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (ii) Develop and implement a written plan and schedule to inspect 
and monitor the cover, using the procedures specified in the applicable 
section of this subpart, as frequently as practicable during those times 
when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely 
underground, an owner or operator is required to inspect and monitor, as 
required by the applicable provisions of this section, only those 
portions of the tank cover and those connections to the tank (e.g., fill 
ports, access hatches, gauge wells, etc.) that are located on or above 
the ground surface.

[61 FR 59955, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997; 64 
FR 3389, Jan. 21, 1999]



Sec. 264.1085  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from surface impoundments for which Sec. 
264.1082(b) of this subpart references the use of this section for such 
air emission control.
    (b) The owner or operator shall control air pollutant emissions from 
the surface impoundment by installing and operating either of the 
following:
    (1) A floating membrane cover in accordance with the provisions 
specified in paragraph (c) of this section; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with the provisions specified in paragraph (d) of 
this section.
    (c) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a floating membrane cover shall meet the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section.
    (1) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (i) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations and form a continuous barrier 
over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (B) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(A) of this section and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.

[[Page 564]]

    (iii) The cover shall be installed in a manner such that there are 
no visible cracks, holes, gaps, or other open spaces between cover 
section seams or between the interface of the cover edge and its 
foundation mountings.
    (iv) Except as provided for in paragraph (c)(1)(v) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, gaps, 
or other open spaces in the closure device or between the perimeter of 
the cover opening and the closure device.
    (v) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, and will maintain the integrity of the closure devices 
throughout their intended service life. Factors to be considered when 
selecting the materials of construction and designing the cover and 
closure devices shall include: Organic vapor permeability; the effects 
of any contact with the liquid and its vapor managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the floating membrane cover is installed.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
floating membrane cover shall float on the liquid and each closure 
device shall be secured in the closed position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed at 
the following times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect the floating membrane cover 
in accordance with the following procedures:
    (i) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams or 
between the interface of the cover edge and its foundation mountings; 
broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the floating membrane cover and its closure devices on or before the 
date that the surface impoundment becomes subject to this section. 
Thereafter, the owner or operator shall perform the inspections at least 
once every year except for the special conditions provided for in 
paragraph (g) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(f) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(c) of 
this subpart.
    (d) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a cover vented to a control device shall 
meet the requirements specified in paragraphs (d)(1) through (d)(3) of 
this section.

[[Page 565]]

    (1) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (i) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (ii) Each opening in the cover not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 264.1083(d) of this subpart.
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials of construction 
and designing the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid or its vapors 
managed in the surface impoundment; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
surface impoundment on which the cover is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 264.1087 of this 
subpart.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface impoundment, 
or when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the surface impoundment.
    (B) To remove accumulated sludge or other residues from the bottom 
of the surface impoundment.
    (ii) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the following procedures:
    (i) The surface impoundment cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams or 
between the interface of the cover edge and its foundation mountings; 
broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the procedures 
specified in Sec. 264.1087 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the 
surface impoundment becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once

[[Page 566]]

every year except for the special conditions provided for in paragraph 
(g) of this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(f) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 264.1089(c) of 
this subpart.
    (e) The owner or operator shall transfer hazardous waste to a 
surface impoundment subject to this section in accordance with the 
following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(e)(2) of this section, to the surface impoundment from another surface 
impoundment subject to this section or from a tank subject to Sec. 
264.1084 of this subpart shall be conducted using continuous hard-piping 
or another closed system that does not allow exposure of the waste to 
the atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (e)(1) of this section do not 
apply when transferring a hazardous waste to the surface impoundment 
under either of the following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 264.1082(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 264.1082(c)(2) of 
this subpart.
    (iii) The hazardous waste meets the requirements of Sec. 
264.1082(c)(4) of this subpart.
    (f) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(c)(3) or (d)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection and repair shall be 
completed as soon as possible but no later than 45 calendar days after 
detection except as provided in paragraph (f)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the surface impoundment and no 
alternative capacity is available at the site to accept the hazardous 
waste normally managed in the surface impoundment. In this case, the 
owner or operator shall repair the defect the next time the process or 
unit that is generating the hazardous waste managed in the surface 
impoundment stops operation. Repair of the defect shall be completed 
before the process or unit resumes operation.
    (g) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year in the case when inspecting or monitoring the cover would expose a 
worker to dangerous, hazardous, or other unsafe conditions. In this 
case, the owner or operator may designate the cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (1) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (2) Develop and implement a written plan and schedule to inspect and 
monitor the cover using the procedures specified in the applicable 
section of this subpart as frequently as practicable during those times 
when a worker can safely access the cover.

[61 FR 59960, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997]



Sec. 264.1086  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from containers for which Sec. 264.1082(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) General requirements. (1) The owner or operator shall control 
air pollutant emissions from each container subject to this section in 
accordance

[[Page 567]]

with the following requirements, as applicable to the container, except 
when the special provisions for waste stabilization processes specified 
in paragraph (b)(2) of this section apply to the container.
    (i) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator shall control 
air pollutant emissions from the container in accordance with the 
Container Level 1 standards specified in paragraph (c) of this section.
    (ii) For a container having a design capacity greater than 0.46 m\3\ 
that is not in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 1 standards specified in paragraph (c) of this 
section.
    (iii) For a container having a design capacity greater than 0.46 
m\3\ that is in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 2 standards specified in paragraph (d) of this 
section.
    (2) When a container having a design capacity greater than 0.1 m\3\ 
is used for treatment of a hazardous waste by a waste stabilization 
process, the owner or operator shall control air pollutant emissions 
from the container in accordance with the Container Level 3 standards 
specified in paragraph (e) of this section at those times during the 
waste stabilization process when the hazardous waste in the container is 
exposed to the atmosphere.
    (c) Container Level 1 standards. (1) A container using Container 
Level 1 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a 
``portable tank'' or bulk cargo container equipped with a screw-type 
cap).
    (iii) An open-top container in which an organic-vapor suppressing 
barrier is placed on or over the hazardous waste in the container such 
that no hazardous waste is exposed to the atmosphere. One example of 
such a barrier is application of a suitable organic-vapor suppressing 
foam.
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers 
and closure devices, as applicable to the container, that are composed 
of suitable materials to minimize exposure of the hazardous waste to the 
atmosphere and to maintain the equipment integrity, for as long as the 
container is in service. Factors to be considered in selecting the 
materials of construction and designing the cover and closure devices 
shall include: Organic vapor permeability; the effects of contact with 
the hazardous waste or its vapor managed in the container; the effects 
of outdoor exposure of the closure device or cover material to wind, 
moisture, and sunlight; and the operating practices for which the 
container is intended to be used.
    (3) Whenever a hazardous waste is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, as applicable to the container, and 
secure and maintain each closure device in the closed position except as 
follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.

[[Page 568]]

    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
the completion of a batch removal after which no additional material 
will be removed from the container within 15 minutes or the person 
performing the unloading operation leaves the immediate vicinity of the 
container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste. Examples of such activities include those 
times when a worker needs to open a port to measure the depth of or 
sample the material in the container, or when a worker needs to open a 
manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (iv) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the internal pressure of the container in accordance with 
the container design specifications. The device shall be designed to 
operate with no detectable organic emissions when the device is secured 
in the closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the internal pressure of the container is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the internal pressure of the container exceeds the internal 
pressure operating range for the container as a result of loading 
operations or diurnal ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator of containers using Container Level 1 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the

[[Page 569]]

container when the cover and closure devices are secured in the closed 
position. The container visual inspection shall be conducted on or 
before the date that the container is accepted at the facility (i.e., 
the date the container becomes subject to the subpart CC container 
standards). For purposes of this requirement, the date of acceptance is 
the date of signature that the facility owner or operator enters on Item 
20 of the Uniform Hazardous Waste Manifest in the appendix to 40 CFR 
part 262 (EPA Forms 8700-22 and 8700-22A), as required under subpart E 
of this part, at 40 CFR 264.71. If a defect is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (c)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of the 
defect no later than 24 hours after detection and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the hazardous waste shall be removed from the container and 
the container shall not be used to manage hazardous waste until the 
defect is repaired.
    (5) The owner or operator shall maintain at the facility a copy of 
the procedure used to determine that containers with capacity of 0.46 
m\3\ or greater, which do not meet applicable DOT regulations as 
specified in paragraph (f) of this section, are not managing hazardous 
waste in light material service.
    (d) Container Level 2 standards. (1) A container using Container 
Level 2 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions 
as defined in 40 CFR 265.1081 and determined in accordance with the 
procedure specified in paragraph (g) of this section.
    (iii) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 
in accordance with the procedure specified in paragraph (h) of this 
section.
    (2) Transfer of hazardous waste in or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: A 
submerged-fill pipe or other submerged-fill method to load liquids into 
the container; a vapor-balancing system or a vapor-recovery system to 
collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging the 
transfer line before removing it from the container opening.
    (3) Whenever a hazardous waste is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as follows:
    (A) In the case when the container is filled to the intended final 
level in one

[[Page 570]]

continuous operation, the owner or operator shall promptly secure the 
closure devices in the closed position and install the covers, as 
applicable to the container, upon conclusion of the filling operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
the completion of a batch removal after which no additional material 
will be removed from the container within 15 minutes or the person 
performing the unloading operation leaves the immediate vicinity of the 
container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste.
    Examples of such activities include those times when a worker needs 
to open a port to measure the depth of or sample the material in the 
container, or when a worker needs to open a manhole hatch to access 
equipment inside the container. Following completion of the activity, 
the owner or operator shall promptly secure the closure device in the 
closed position or reinstall the cover, as applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the internal pressure of the container in accordance with 
the container design specifications. The device shall be designed to 
operate with no detectable organic emission when the device is secured 
in the closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the internal pressure of the container is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the internal pressure of the container exceeds the internal 
pressure operating range for the container as a result of loading 
operations or diurnal ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in 40 CFR 265.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The owner or operator of containers using Container Level 2 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e.,

[[Page 571]]

does not meet the conditions for an empty container as specified in 40 
CFR 261.7(b)), the owner or operator shall visually inspect the 
container and its cover and closure devices to check for visible cracks, 
holes, gaps, or other open spaces into the interior of the container 
when the cover and closure devices are secured in the closed position. 
The container visual inspection shall be conducted on or before the date 
that the container is accepted at the facility (i.e., the date the 
container becomes subject to the subpart CC container standards). For 
purposes of this requirement, the date of acceptance is the date of 
signature that the facility owner or operator enters on Item 20 of the 
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA 
Forms 8700-22 and 8700-22A), as required under subpart E of this part, 
at 40 CFR 264.71. If a defect is detected, the owner or operator shall 
repair the defect in accordance with the requirements of paragraph 
(d)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of the 
defect no later than 24 hours after detection, and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the hazardous waste shall be removed from the container and 
the container shall not be used to manage hazardous waste until the 
defect is repaired.
    (e) Container Level 3 standards. (1) A container using Container 
Level 3 controls is one of the following:
    (i) A container that is vented directly through a closed-vent system 
to a control device in accordance with the requirements of paragraph 
(e)(2)(ii) of this section.
    (ii) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in accordance 
with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of this 
section.
    (2) The owner or operator shall meet the following requirements, as 
applicable to the type of air emission control equipment selected by the 
owner or operator:
    (i) The container enclosure shall be designed and operated in 
accordance with the criteria for a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a Permanent 
or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. The 
enclosure may have permanent or temporary openings to allow worker 
access; passage of containers through the enclosure by conveyor or other 
mechanical means; entry of permanent mechanical or electrical equipment; 
or direct airflow into the enclosure. The owner or operator shall 
perform the verification procedure for the enclosure as specified in 
Section 5.0 to ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' initially when the enclosure is 
first installed and, thereafter, annually.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 264.1087 of this 
subpart.
    (3) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any container, enclosure, closed-vent 
system, or control device used to comply with the requirements of 
paragraph (e)(1) of this section.
    (4) Owners and operators using Container Level 3 controls in 
accordance with the provisions of this subpart shall inspect and monitor 
the closed-vent systems and control devices as specified in Sec. 
264.1087 of this subpart.

[[Page 572]]

    (5) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of this subpart shall prepare and 
maintain the records specified in Sec. 264.1089(d) of this subpart.
    (6) Transfer of hazardous waste in or out of a container using 
Container Level 3 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: A 
submerged-fill pipe or other submerged-fill method to load liquids into 
the container; a vapor-balancing system or a vapor-recovery system to 
collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging the 
transfer line before removing it from the container opening.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or 
(d)(1)(i) of this section, containers shall be used that meet the 
applicable U.S. Department of Transportation (DOT) regulations on 
packaging hazardous materials for transportation as follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Hazardous waste is managed in the container in accordance with 
the applicable requirements specified in 49 CFR part 107, subpart B--
Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous Materials Communications, Emergency Response 
Information, and Training Requirements; 49 CFR part 173--Shippers--
General Requirements for Shipments and Packages; and 49 CFR part 180--
Continuing Qualification and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for 
combination packagings specified in 49 CFR 173.12(b).
    (g) To determine compliance with the no detectable organic emissions 
requirement of paragraph (d)(1)(ii) of this section, the procedure 
specified in Sec. 264.1083(d) of this subpart shall be used.
    (1) Each potential leak interface (i.e., a location where organic 
vapor leakage could occur) on the container, its cover, and associated 
closure devices, as applicable to the container, shall be checked. 
Potential leak interfaces that are associated with containers include, 
but are not limited to: The interface of the cover rim and the container 
wall; the periphery of any opening on the container or container cover 
and its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a 
material having a volatile organic concentration representative of the 
range of volatile organic concentrations for the hazardous wastes 
expected to be managed in this type of container. During the test, the 
container cover and closure devices shall be secured in the closed 
position.
    (h) Procedure for determining a container to be vapor-tight using 
Method 27 of 40 CFR part 60, appendix A for the purpose of complying 
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision 
of 2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of

[[Page 573]]

4,500 Pascals, then the container is determined to be vapor-tight.

[61 FR 59962, Nov. 25, 1996, as amended at 62 FR 64659, Dec. 8, 1997; 64 
FR 3389, Jan. 21, 1999]



Sec. 264.1087  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes 
emitted from the hazardous waste in the waste management unit to a 
control device that meets the requirements specified in paragraph (c) of 
this section.
    (2) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in Sec. 264.1033(k) of this 
part.
    (3) In the case when the closed-vent system includes bypass devices 
that could be used to divert the gas or vapor stream to the atmosphere 
before entering the control device, each bypass device shall be equipped 
with either a flow indicator as specified in paragraph (b)(3)(i) of this 
section or a seal or locking device as specified in paragraph (b)(3)(ii) 
of this section. For the purpose of complying with this paragraph, low 
leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, spring loaded pressure relief valves, and other fittings used for 
safety purposes are not considered to be bypass devices.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates the 
presence of either gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(b)(3) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve. The owner or operator 
shall visually inspect the seal or closure mechanism at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
    (4) The closed-vent system shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in Sec. 
264.1033(l).
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:
    (i) A control device designed and operated to reduce the total 
organic content of the inlet vapor stream vented to the control device 
by at least 95 percent by weight;
    (ii) An enclosed combustion device designed and operated in 
accordance with the requirements of Sec. 264.1033(c) of this part; or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 264.1033(d) of this part.
    (2) The owner or operator who elects to use a closed-vent system and 
control device to comply with the requirements of this section shall 
comply with the requirements specified in paragraphs (c)(2)(i) through 
(c)(2)(vi) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as 
applicable, shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during a control device system malfunction.

[[Page 574]]

    (iv) The owner or operator shall demonstrate compliance with the 
requirements of paragraph (c)(2)(i) of this section (i.e., planned 
routine maintenance of a control device, during which the control device 
does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this section, as applicable, shall not exceed 240 hours 
per year) by recording the information specified in Sec. 
264.1089(e)(1)(v) of this subpart.
    (v) The owner or operator shall correct control device system 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of air pollutants.
    (vi) The owner or operator shall operate the closed-vent system such 
that gases, vapors, or fumes are not actively vented to the control 
device during periods of planned maintenance or control device system 
malfunction (i.e., periods when the control device is not operating or 
not operating normally) except in cases when it is necessary to vent the 
gases, vapors, and/or fumes to avoid an unsafe condition or to implement 
malfunction corrective actions or planned maintenance actions.
    (3) The owner or operator using a carbon adsorption system to comply 
with paragraph (c)(1) of this section shall operate and maintain the 
control device in accordance with the following requirements:
    (i) Following the initial startup of the control device, all 
activated carbon in the control device shall be replaced with fresh 
carbon on a regular basis in accordance with the requirements of Sec. 
264.1033(g) or Sec. 264.1033(h) of this part.
    (ii) All carbon that is a hazardous waste and that is removed from 
the control device shall be managed in accordance with the requirements 
of 40 CFR 264.1033(n), regardless of the average volatile organic 
concentration of the carbon.
    (4) An owner or operator using a control device other than a thermal 
vapor incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system to comply with paragraph (c)(1) of this section shall 
operate and maintain the control device in accordance with the 
requirements of Sec. 264.1033(j) of this part.
    (5) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (c)(1) of this 
section as follows:
    (i) An owner or operator shall demonstrate using either a 
performance test as specified in paragraph (c)(5)(iii) of this section 
or a design analysis as specified in paragraph (c)(5)(iv) of this 
section the performance of each control device except for the following:
    (A) A flare;
    (B) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is 
introduced with the primary fuel;
    (D) A boiler or industrial furnace burning hazardous waste for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and has designed and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or industrial furnace burning hazardous waste for which 
the owner or operator has designed and operates in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in Sec. 
264.1033(e).
    (iii) For a performance test conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the owner or operator shall use the 
test methods and procedures specified in Sec. 264.1034(c)(1) through 
(c)(4).
    (iv) For a design analysis conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the design analysis shall meet the 
requirements specified in Sec. 264.1035(b)(4)(iii).
    (v) The owner or operator shall demonstrate that a carbon adsorption 
system achieves the performance requirements of paragraph (c)(1) of this 
section based on the total quantity of organics vented to the atmosphere 
from all carbon adsorption system equipment that is used for organic 
adsorption, organic desorption or carbon regeneration, organic recovery, 
and carbon disposal.
    (6) If the owner or operator and the Regional Administrator do not 
agree

[[Page 575]]

on a demonstration of control device performance using a design analysis 
then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (c)(5)(iii) of this section. The Regional 
Administrator may choose to have an authorized representative observe 
the performance test.
    (7) The closed-vent system and control device shall be inspected and 
monitored by the owner or operator in accordance with the procedures 
specified in 40 CFR 264.1033(f)(2) and 40 CFR 264.1033(l). The readings 
from each monitoring device required by 40 CFR 264.1033(f)(2) shall be 
inspected at least once each operating day to check control device 
operation. Any necessary corrective measures shall be immediately 
implemented to ensure the control device is operated in compliance with 
the requirements of this section.

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 
FR 59965, Nov. 25, 1996; 62 FR 64660, Dec. 8, 1997]



Sec. 264.1088  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect and monitor air emission 
control equipment used to comply with this subpart in accordance with 
the applicable requirements specified in Sec. 264.1084 through Sec. 
264.1087 of this subpart.
    (b) The owner or operator shall develop and implement a written plan 
and schedule to perform the inspections and monitoring required by 
paragraph (a) of this section. The owner or operator shall incorporate 
this plan and schedule into the facility inspection plan required under 
40 CFR 264.15.

[61 FR 59966, Nov. 25, 1996]



Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements of 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (j) of this section, as applicable to the 
facility. Except for air emission control equipment design documentation 
and information required by paragraphs (i) and (j) of this section, 
records required by this section shall be maintained in the operating 
record for a minimum of 3 years. Air emission control equipment design 
documentation shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service. Information required by paragraphs (i) and (j) of this section 
shall be maintained in the operating record for as long as the waste 
management unit is not using air emission controls specified in 
Sec. Sec. 264.1084 through 264.1087 of this subpart in accordance with 
the conditions specified in Sec. 264.1080(d) or Sec. 264.1080(b)(7) of 
this subpart, respectively.
    (b) The owner or operator of a tank using air emission controls in 
accordance with the requirements of Sec. 264.1084 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:
    (1) For each tank using air emission controls in accordance with the 
requirements of Sec. 264.1084 of this subpart, the owner or operator 
shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (ii) A record for each inspection required by Sec. 264.1084 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the requirements of Sec. 
264.1084 of this subpart, the owner or operator shall also record the 
reason for the delay and the date that completion of repair of the 
defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the owner or operator shall record the following 
information, as applicable to the tank:
    (i) The owner or operator using a fixed roof to comply with the Tank 
Level 1 control requirements specified in Sec. 264.1084(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous waste in the tank 
performed in accordance with the requirements of Sec. 264.1084(c) of 
this subpart. The records shall include the date and time the samples 
were

[[Page 576]]

collected, the analysis method used, and the analysis results.
    (ii) The owner or operator using an internal floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
264.1084(e) of this subpart shall prepare and maintain documentation 
describing the floating roof design.
    (iii) Owners and operators using an external floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
264.1084(f) of this subpart shall prepare and maintain the following 
records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by Sec. 
264.1084(f)(3) of this subpart describing the results of the seal gap 
measurements. The records shall include the date that the measurements 
were performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in Sec. 
264.1084(f)(1) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the tank was emptied, if necessary.
    (iv) Each owner or operator using an enclosure to comply with the 
Tank Level 2 control requirements specified in Sec. 264.1084(i) of this 
subpart shall prepare and maintain the following records:
    (A) 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.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (c) The owner or operator of a surface impoundment using air 
emission controls in accordance with the requirements of Sec. 264.1085 
of this subpart shall prepare and maintain records for the surface 
impoundment that include the following information:
    (1) A surface impoundment identification number (or other unique 
identification description as selected by the owner or operator).
    (2) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment, that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the specifications listed in 
Sec. 264.1085(c) of this subpart.
    (3) A record for each inspection required by Sec. 264.1085 of this 
subpart that includes the following information:
    (i) Date inspection was conducted.
    (ii) For each defect detected during the inspection the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the defect. 
In the event that repair of the defect is delayed in accordance with the 
provisions of Sec. 264.1085(f) of this subpart, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (4) For a surface impoundment equipped with a cover and vented 
through a closed-vent system to a control device, the owner or operator 
shall prepare and maintain the records specified in paragraph (e) of 
this section.
    (d) The owner or operator of containers using Container Level 3 air 
emission controls in accordance with the requirements of Sec. 264.1086 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) 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.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The owner or operator using a closed-vent system and control 
device in accordance with the requirements of

[[Page 577]]

Sec. 264.1087 of this subpart shall prepare and maintain records that 
include the following information:
    (1) Documentation for the closed-vent system and control device that 
includes:
    (i) Certification that is signed and dated by the owner or operator 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(iii) of this section when the tank, 
surface impoundment, or container is or would be operating at capacity 
or the highest level reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in 40 CFR 264.1035(b)(4). The documentation shall include 
information prepared by the owner or operator or provided by the control 
device manufacturer or vendor that describes the control device design 
in accordance with 40 CFR 264.1035(b)(4)(iii) and certification by the 
owner or operator that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan as 
specified in 40 CFR 264.1035(b)(3) and all test results.
    (iv) Information as required by 40 CFR 264.1035(c)(1) and 40 CFR 
264.1035(c)(2), as applicable.
    (v) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of 
this section for those planned routine maintenance operations that would 
require the control device not to meet the requirements of Sec. 
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 264.1087 (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this subpart, as applicable, due to planned routine 
maintenance.
    (vi) An owner or operator shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for those 
unexpected control device system malfunctions that would require the 
control device not to meet the requirements of Sec. 264.1087 (c)(1)(i), 
(c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is not 
properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii) 
of this subpart.
    (f) The owner or operator of a tank, surface impoundment, or 
container exempted from standards in accordance with the provisions of 
Sec. 264.1082(c) of this subpart shall prepare and maintain the 
following records, as applicable:
    (1) For tanks, surface impoundments, and containers exempted under 
the hazardous waste organic concentration conditions specified in Sec. 
264.1082(c)(1) or Sec. Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of 
this subpart, the owner or operator shall record the information used 
for each waste determination (e.g., test results, measurements, 
calculations, and other documentation) in the facility operating log. If 
analysis results for waste samples are used for the waste determination, 
then the owner or operator shall record the date, time, and location 
that each waste sample is collected in accordance with applicable 
requirements of Sec. 264.1083 of this subpart.

[[Page 578]]

    (2) For tanks, surface impoundments, or containers exempted under 
the provisions of Sec. 264.1082(c)(2)(vii) or Sec. 
264.1082(c)(2)(viii) of this subpart, the owner or operator shall record 
the identification number for the incinerator, boiler, or industrial 
furnace in which the hazardous waste is treated.
    (g) An owner or operator designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 264.1084(l) or Sec. 264.1085(g) of this 
subpart shall record in a log that is kept in the facility operating 
record the following information: The identification numbers for waste 
management units with covers that are designated as ``unsafe to inspect 
and monitor,'' the explanation for each cover stating why the cover is 
unsafe to inspect and monitor, and the plan and schedule for inspecting 
and monitoring each cover.
    (h) The owner or operator of a facility that is subject to this 
subpart and to the control device standards in 40 CFR part 60, subpart 
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance 
with the applicable sections of this subpart by documentation either 
pursuant to this subpart, or pursuant to the provisions of 40 CFR part 
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the 
documentation required by 40 CFR parts 60 or 61 duplicates the 
documentation required by this section.
    (i) For each tank or container not using air emission controls 
specified in Sec. Sec. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds manufactured 
at the facility that meet the conditions specified in Sec. 
264.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: A facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: A facility 
identification number for the container or group of containers; the 
purpose and placement of this container, or group of containers, in the 
management train of this hazardous waste; and the procedures used to 
ultimately dispose of the hazardous waste handled in the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Sec. Sec. 264.1084 through 264.1087 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous wastes, 
sufficient information shall be provided to explain: How use of the 
required air emission controls on the tanks would affect the tank design 
features and facility operating procedures currently used to prevent an 
undue safety hazard during the management of this hazardous waste in the 
tanks; and why installation of safety devices on the required air 
emission controls, as allowed under this subpart, will not address those 
situations in which evacuation of tanks equipped with these air emission 
controls is necessary and consistent with good engineering and safety 
practices for handling organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of

[[Page 579]]

safety devices on the required air emission controls, as allowed under 
this subpart, will not address those situations in which evacuation of 
containers equipped with these air emission controls is necessary and 
consistent with good engineering and safety practices for handling 
organic peroxides.
    (j) For each hazardous waste management unit not using air emission 
controls specified in Sec. Sec. 264.1084 through 264.1087 of this 
subpart in accordance with the requirements of Sec. 264.1080(b)(7) of 
this subpart, the owner and operator shall record and maintain the 
following information:
    (1) Certification that the waste management unit is equipped with 
and operating air emission controls in accordance with the requirements 
of an applicable Clean Air Act regulation codified under 40 CFR part 60, 
part 61, or part 63.
    (2) Identification of the specific requirements codified under 40 
CFR part 60, part 61, or part 63 with which the waste management unit is 
in compliance.

[61 FR 59966, Nov. 25, 1996, as amended at 62 FR 64660, Dec. 8, 1997]



Sec. 264.1090  Reporting requirements.

    (a) Each owner or operator managing hazardous waste in a tank, 
surface impoundment, or container exempted from using air emission 
controls under the provisions of Sec. 264.1082(c) of this subpart shall 
report to the Regional Administrator each occurrence when hazardous 
waste is placed in the waste management unit in noncompliance with the 
conditions specified in Sec. 264.1082 (c)(1) or (c)(2) of this subpart, 
as applicable. Examples of such occurrences include placing in the waste 
management unit a hazardous waste having an average VO concentration 
equal to or greater than 500 ppmw at the point of waste origination; or 
placing in the waste management unit a treated hazardous waste of which 
the organic content has been reduced by an organic destruction or 
removal process that fails to achieve the applicable conditions 
specified in Sec. 264.1082 (c)(2)(i) through (c)(2)(vi) of this 
subpart. The owner or operator shall submit a written report within 15 
calendar days of the time that the owner or operator becomes aware of 
the occurrence. The written report shall contain the EPA identification 
number, facility name and address, a description of the noncompliance 
event and the cause, the dates of the noncompliance, and the actions 
taken to correct the noncompliance and prevent recurrence of the 
noncompliance. The report shall be signed and dated by an authorized 
representative of the owner or operator.
    (b) Each owner or operator using air emission controls on a tank in 
accordance with the requirements Sec. 264.1084(c) of this subpart shall 
report to the Regional Administrator each occurrence when hazardous 
waste is managed in the tank in noncompliance with the conditions 
specified in Sec. 264.1084(b) of this subpart. The owner or operator 
shall submit a written report within 15 calendar days of the time that 
the owner or operator becomes aware of the occurrence. The written 
report shall contain the EPA identification number, facility name and 
address, a description of the noncompliance event and the cause, the 
dates of the noncompliance, and the actions taken to correct the 
noncompliance and prevent recurrence of the noncompliance. The report 
shall be signed and dated by an authorized representative of the owner 
or operator.
    (c) Each owner or operator using a control device in accordance with 
the requirements of Sec. 264.1087 of this subpart shall submit a 
semiannual written report to the Regional Administrator excepted as 
provided for in paragraph (d) of this section. The report shall describe 
each occurrence during the previous 6-month period when either: (1) A 
control device is operated continuously for 24 hours or longer in 
noncompliance with the applicable operating values defined in Sec. 
264.1035(c)(4); or (2) A flare is operated with visible emissions for 5 
minutes or longer in a two-hour period, as defined in Sec. 264.1033(d). 
The written report shall include the EPA identification number, facility 
name and address, and an explanation why the control device could not be 
returned to compliance within 24 hours, and actions taken to correct the 
noncompliance. The report shall be signed and dated by an authorized 
representative of the owner or operator.

[[Page 580]]

    (d) A report to the Regional Administrator in accordance with the 
requirements of paragraph (c) of this section is not required for a 6-
month period during which all control devices subject to this subpart 
are operated by the owner or operator such that:
    (1) During no period of 24 hours or longer did a control device 
operate continuously in noncompliance with the applicable operating 
values defined in Sec. 264.1035(c)(4); and
    (2) No flare was operated with visible emissions for 5 minutes or 
longer in a two-hour period, as defined in Sec. 264.1033(d).

[59 FR 62927, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 
FR 59968, Nov. 25, 1996; 71 FR 40274, July 14, 2006]



Sec. 264.1091  [Reserved]



                    Subpart DD_Containment Buildings

    Source: 57 FR 37265, Aug. 18, 1992, unless otherwise noted.



Sec. 264.1100  Applicability.

    The requirements of this subpart apply to owners or operators who 
store or treat hazardous waste in units designed and operated under 
Sec. 264.1101 of this subpart. The owner or operator is not subject to 
the definition of land disposal in RCRA section 3004(k) provided that 
the unit:
    (a) Is a completely enclosed, self-supporting structure that is 
designed and constructed of manmade materials of sufficient strength and 
thickness to support themselves, the waste contents, and any personnel 
and heavy equipment that operate within the unit, and to prevent failure 
due to pressure gradients, settlement, compression, or uplift, physical 
contact with the hazardous wastes to which they are exposed; climatic 
conditions; and the stresses of daily operation, including the movement 
of heavy equipment within the unit and contact of such equipment with 
containment walls;
    (b) Has a primary barrier that is designed to be sufficiently 
durable to withstand the movement of personnel, wastes, and handling 
equipment within the unit;
    (c) If the unit is used to manage liquids, has:
    (1) A primary barrier designed and constructed of materials to 
prevent migration of hazardous constituents into the barrier;
    (2) A liquid collection system designed and constructed of materials 
to minimize the accumulation of liquid on the primary barrier; and
    (3) A secondary containment system designed and constructed of 
materials to prevent migration of hazardous constituents into the 
barrier, with a leak detection and liquid collection system capable of 
detecting, collecting, and removing leaks of hazardous constituents at 
the earliest practicable time, unless the unit has been granted a 
variance from the secondary containment system requirements under Sec. 
264.1101(b)(4);
    (d) Has controls sufficient to prevent fugitive dust emissions to 
meet the no visible emission standard in Sec. 264.1101(c)(1)(iv); and
    (e) Is designed and operated to ensure containment and prevent the 
tracking of materials from the unit by personnel or equipment.

[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 16907, Apr. 4, 2006]



Sec. 264.1101  Design and operating standards.

    (a) All containment buildings must comply with the following design 
standards:
    (1) The containment building must be completely enclosed with a 
floor, walls, and a roof to prevent exposure to the elements, (e.g., 
precipitation, wind, run-on), and to assure containment of managed 
wastes.
    (2) The floor and containment walls of the unit, including the 
secondary containment system if required under paragraph (b) of this 
section, must be designed and constructed of materials of sufficient 
strength and thickness to support themselves, the waste contents, and 
any personnel and heavy equipment that operate within the unit, and to 
prevent failure due to pressure gradients, settlement, compression, or 
uplift, physical contact with the hazardous wastes to which they are 
exposed; climatic conditions; and the stresses of daily operation, 
including the movement of heavy equipment

[[Page 581]]

within the unit and contact of such equipment with containment walls. 
The unit must be designed so that it has sufficient structural strength 
to prevent collapse or other failure. All surfaces to be in contact with 
hazardous wastes must be chemically compatible with those wastes. EPA 
will consider standards established by professional organizations 
generally recognized by the industry such as the American Concrete 
Institute (ACI) and the American Society of Testing Materials (ASTM) in 
judging the structural integrity requirements of this paragraph. If 
appropriate to the nature of the waste management operation to take 
place in the unit, an exception to the structural strength requirement 
may be made for light-weight doors and windows that meet these criteria:
    (i) They provide an effective barrier against fugitive dust 
emissions under paragraph (c)(1)(iv); and
    (ii) The unit is designed and operated in a fashion that assures 
that wastes will not actually come in contact with these openings.
    (3) Incompatible hazardous wastes or treatment reagents must not be 
placed in the unit or its secondary containment system if they could 
cause the unit or secondary containment system to leak, corrode, or 
otherwise fail.
    (4) A containment building must have a primary barrier designed to 
withstand the movement of personnel, waste, and handling equipment in 
the unit during the operating life of the unit and appropriate for the 
physical and chemical characteristics of the waste to be managed.
    (b) For a containment building used to manage hazardous wastes 
containing free liquids or treated with free liquids (the presence of 
which is de ter mined by the paint filter test, a visual examination, or 
other appropriate means), the owner or operator must include:
    (1) A primary barrier designed and constructed of materials to 
prevent the migration of hazardous constituents into the barrier (e.g., 
a geomembrane covered by a concrete wear surface).
    (2) A liquid collection and removal system to minimize the 
accumulation of liquid on the primary barrier of the containment 
building:
    (i) The primary barrier must be sloped to drain liquids to the 
associated collection system; and
    (ii) Liquids and waste must be collected and removed to minimize 
hydraulic head on the containment system at the earliest practicable 
time.
    (3) A secondary containment system including a secondary barrier 
designed and constructed to prevent migration of hazardous constituents 
into the barrier, and a leak detection system that is capable of 
detecting failure of the primary barrier and collecting accumulated 
hazardous wastes and liquids at the earliest practicable time.
    (i) The requirements of the leak detection component of the 
secondary containment system are satisfied by installation of a system 
that is, at a minimum:
    (A) Constructed with a bottom slope of 1 percent or more; and
    (B) Constructed of a granular drainage material with a hydraulic 
conductivity of 1x 10-2 cm/sec or more and a thickness of 12 
inches (30.5 cm) or more, or constructed of synthetic or geonet drainage 
materials with a transmissivity of 3 x 10-5 m\2\/sec or more.
    (ii) If treatment is to be conducted in the building, an area in 
which such treatment will be conducted must be designed to prevent the 
release of liquids, wet materials, or liquid aerosols to other portions 
of the building.
    (iii) The secondary containment system must be constructed of 
materials that are chemically resistant to the waste and liquids managed 
in the containment building and of sufficient strength and thickness to 
prevent collapse under the pressure exerted by overlaying materials and 
by any equipment used in the containment building. (Containment 
buildings can serve as secondary containment systems for tanks placed 
within the building under certain conditions. A containment building can 
serve as an external liner system for a tank, provided it meets the 
requirements of Sec. 264.193(e)(1). In addition, the containment 
building must meet the requirements of Sec. 264.193(b) and Sec. Sec. 
264.193(c) (1) and (2) to be considered an acceptable secondary 
containment system for a tank.)

[[Page 582]]

    (4) For existing units other than 90-day generator units, the 
Regional Administrator may delay the secondary containment requirement 
for up to two years, based on a demonstration by the owner or operator 
that the unit substantially meets the standards of this subpart. In 
making this demonstration, the owner or operator must:
    (i) Provide written notice to the Regional Administrator of their 
request by November 16, 1992. This notification must describe the unit 
and its operating practices with specific reference to the performance 
of existing containment systems, and specific plans for retrofitting the 
unit with secondary containment;
    (ii) Respond to any comments from the Regional Administrator on 
these plans within 30 days; and
    (iii) Fulfill the terms of the revised plans, if such plans are 
approved by the Regional Administrator.
    (c) Owners or operators of all containment buildings must:
    (1) Use controls and practices to ensure containment of the ha zar 
dous waste within the unit; and, at a minimum:
    (i) Maintain the primary barrier to be free of significant cracks, 
gaps, corrosion, or other deterioration that could cause hazardous waste 
to be released from the primary barrier;
    (ii) Maintain the level of the stored/treated hazardous waste within 
the containment walls of the unit so that the height of any containment 
wall is not exceeded;
    (iii) Take measures to prevent the tracking of hazardous waste out 
of the unit by personnel or by equipment used in handling the waste. An 
area must be designated to decontaminate equipment and any rinsate must 
be collected and properly managed; and
    (iv) Take measures to control fugitive dust emissions such that any 
openings (doors, windows, vents, cracks, etc.) exhibit no visible 
emissions (see 40 CFR part 60, appendix A, Method 22--Visual 
Determination of Fugitive Emissions from Material Sources and Smoke 
Emissions from Flares). In addition, all associated particulate 
collection devices (e.g., fabric filter, electrostatic precipitator) 
must be operated and maintained with sound air pollution control 
practices (see 40 CFR part 60 subpart 292 for guidance). This state of 
no visible emissions must be maintained effectively at all times during 
routine operating and maintenance conditions, including when vehicles 
and personnel are entering and exiting the unit.
    (2) Obtain and keep on-site a certification by a qualified 
Professional Engineer that the containment building design meets the 
requirements of paragraphs (a), (b), and (c) of this section.
    (3) Throughout the active life of the containment building, if the 
owner or operator detects a condition that could lead to or has caused a 
release of hazardous waste, the owner or operator must repair the 
condition promptly, in accordance with the following procedures.
    (i) Upon detection of a condition that has led to a release of 
hazardous waste (e.g., upon detection of leakage from the primary 
barrier) the owner or operator must:
    (A) Enter a record of the discovery in the facility operating 
record;
    (B) Immediately remove the portion of the containment building 
affected by the condition from service;
    (C) Determine what steps must be taken to repair the containment 
building, remove any leakage from the secondary collection system, and 
establish a schedule for accomplishing the cleanup and repairs; and
    (D) Within 7 days after the discovery of the condition, notify the 
Regional Administrator of the condition, and within 14 working days, 
provide a written notice to the Regional Administrator with a 
description of the steps taken to repair the containment building, and 
the schedule for accomplishing the work.
    (ii) The Regional Administrator will review the information 
submitted, make a determination regarding whether the containment 
building must be removed from service completely or partially until 
repairs and cleanup are complete, and notify the owner or operator of 
the de ter min a tion and the underlying rationale in writing.
    (iii) Upon completing all repairs and cleanup the owner or operator 
must notify the Regional Administrator in

[[Page 583]]

writing and provide a verification, signed by a qualified, registered 
professional engineer, that the repairs and cleanup have been completed 
according to the written plan submitted in accordance with paragraph 
(c)(3)(i)(D) of this section.
    (4) Inspect and record in the facility's operating record, at least 
once every seven days, except for Performance Track member facilities 
that must inspect at least once each month, upon approval by the 
Director, data gathered from monitoring and leak detection equipment as 
well as the containment building and the area immediately surrounding 
the containment building to detect signs of releases of hazardous waste. 
To apply for reduced inspection frequency, the Performance Track member 
facility must follow the procedures described in Sec. 264.15(b)(5).
    (d) For a containment building that contains both areas with and 
without secondary containment, the owner or operator must:
    (1) Design and operate each area in accordance with the requirements 
enumerated in paragraphs (a) through (c) of this section;
    (2) Take measures to prevent the release of liquids or wet materials 
into areas without secondary containment; and
    (3) Maintain in the facility's operating log a written description 
of the operating procedures used to maintain the integrity of areas 
without secondary containment.
    (e) Notwithstanding any other provision of this subpart the Regional 
Administrator may waive requirements for secondary containment for a 
permitted containment building where the owner operator demonstrates 
that the only free liquids in the unit are limited amounts of dust 
suppression liquids required to meet occupational health and safety 
requirements, and where containment of managed wastes and liquids can be 
assured without a secondary containment system.

[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 16907, Apr. 4, 2006; 71 
FR 40274, July 14, 2006]



Sec. 264.1102  Closure and post-closure care.

    (a) At closure of a containment building, the owner or operator must 
remove or decontaminate all waste residues, contaminated containment 
system components (liners, etc.) contaminated subsoils, and structures 
and equipment contaminated with waste and leachate, and manage them as 
hazardous waste unless Sec. 261.3(d) of this chapter applies. The 
closure plan, closure activities, cost estimates for closure, and 
financial responsibility for containment buildings must meet all of the 
requirements specified in subparts G and H of this part.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with the closure and post-closure requirements that apply to landfills 
(Sec. 264.310). In addition, for the purposes of closure, post-closure, 
and financial responsibility, such a containment building is then 
considered to be a landfill, and the owner or operator must meet all of 
the requirements for landfills specified in subparts G and H of this 
part.

[57 FR 37265, Aug. 18, 1992, as amended at 71 FR 40274, July 14, 2006]



Sec. Sec. 264.1103-264.1110  [Reserved]



       Subpart EE_Hazardous Waste Munitions and Explosives Storage

    Source: 62 FR 6652, Feb. 12, 1997, unless otherwise noted.



Sec. 264.1200  Applicability.

    The requirements of this subpart apply to owners or operators who 
store munitions and explosive hazardous wastes, except as Sec. 264.1 
provides otherwise. (NOTE: Depending on explosive hazards, hazardous 
waste munitions and explosives may also be managed in other types of 
storage units, including

[[Page 584]]

containment buildings (40 CFR part 264, subpart DD), tanks (40 CFR part 
264, subpart J), or containers (40 CFR part 264, subpart I); See 40 CFR 
266.205 for storage of waste military munitions).



Sec. 264.1201  Design and operating standards.

    (a) Hazardous waste munitions and explosives storage units must be 
designed and operated with containment systems, controls, and 
monitoring, that:
    (1) Minimize the potential for detonation or other means of release 
of hazardous waste, hazardous constituents, hazardous decomposition 
products, or contaminated run-off, to the soil, ground water, surface 
water, and atmosphere;
    (2) Provide a primary barrier, which may be a container (including a 
shell) or tank, designed to contain the hazardous waste;
    (3) For wastes stored outdoors, provide that the waste and 
containers will not be in standing precipitation;
    (4) For liquid wastes, provide a secondary containment system that 
assures that any released liquids are contained and promptly detected 
and removed from the waste area, or vapor detection system that assures 
that any released liquids or vapors are promptly detected and an 
appropriate response taken (e.g., additional containment, such as 
overpacking, or removal from the waste area); and
    (5) Provide monitoring and inspection procedures that assure the 
controls and containment systems are working as designed and that 
releases that may adversely impact human health or the environment are 
not escaping from the unit.
    (b) Hazardous waste munitions and explosives stored under this 
subpart may be stored in one of the following:
    (1) Earth-covered magazines. Earth-covered magazines must be:
    (i) Constructed of waterproofed, reinforced concrete or structural 
steel arches, with steel doors that are kept closed when not being 
accessed;
    (ii) Designed and constructed:
    (A) To be of sufficient strength and thickness to support the weight 
of any explosives or munitions stored and any equipment used in the 
unit;
    (B) To provide working space for personnel and equipment in the 
unit; and
    (C) To withstand movement activities that occur in the unit; and
    (iii) Located and designed, with walls and earthen covers that 
direct an explosion in the unit in a safe direction, so as to minimize 
the propagation of an explosion to adjacent units and to minimize other 
effects of any explosion.
    (2) Above-ground magazines. Above-ground magazines must be located 
and designed so as to minimize the propagation of an explosion to 
adjacent units and to minimize other effects of any explosion.
    (3) Outdoor or open storage areas. Outdoor or open storage areas 
must be located and designed so as to minimize the propagation of an 
explosion to adjacent units and to minimize other effects of any 
explosion.
    (c) Hazardous waste munitions and explosives must be stored in 
accordance with a Standard Operating Procedure specifying procedures to 
ensure safety, security, and environmental protection. If these 
procedures serve the same purpose as the security and inspection 
requirements of 40 CFR 264.14, the preparedness and prevention 
procedures of 40 CFR part 264, subpart C, and the contingency plan and 
emergency procedures requirements of 40 CFR part 264, subpart D, then 
these procedures will be used to fulfill those requirements.
    (d) Hazardous waste munitions and explosives must be packaged to 
ensure safety in handling and storage.
    (e) Hazardous waste munitions and explosives must be inventoried at 
least annually.
    (f) Hazardous waste munitions and explosives and their storage units 
must be inspected and monitored as necessary to ensure explosives safety 
and to ensure that there is no migration of contaminants out of the 
unit.



Sec. 264.1202  Closure and post-closure care.

    (a) At closure of a magazine or unit which stored hazardous waste 
under this subpart, the owner or operator must remove or decontaminate 
all

[[Page 585]]

waste residues, contaminated containment system components, contaminated 
subsoils, and structures and equipment contaminated with waste, and 
manage them as hazardous waste unless Sec. 261.3(d) of this chapter 
applies. The closure plan, closure activities, cost estimates for 
closure, and financial responsibility for magazines or units must meet 
all of the requirements specified in subparts G and H of this part, 
except that the owner or operator may defer closure of the unit as long 
as it remains in service as a munitions or explosives magazine or 
storage unit.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he or she must close the facility and perform post-closure care in 
accordance with the closure and post-closure requirements that apply to 
landfills (Sec. 264.310).



         Sec. Appendix I to Part 264--Recordkeeping Instructions

    The recordkeeping provisions of Sec. 264.73 specify that an owner 
or operator must keep a written operating record at his facility. This 
appendix provides additional instructions for keeping portions of the 
operating record. See Sec. 264.73(b) for additional recordkeeping 
requirements.
    The following information must be recorded, as it becomes available, 
and maintained in the operating record until closure of the facility in 
the following manner:
    Records of each hazardous waste received, treated, stored, or 
disposed of at the facility which include the following:
    (1) A description by its common name and the EPA Hazardous Waste 
Number(s) from part 261 of this chapter which apply to the waste. The 
waste description also must include the waste's physical form, i.e., 
liquid, sludge, solid, or contained gas. If the waste is not listed in 
part 261, subpart D, of this chapter, the description also must include 
the process that produced it (for example, solid filter cake from 
production of ----, EPA Hazardous Waste Number W051).
    Each hazardous waste listed in part 261, subpart D, of this chapter, 
and each hazardous waste characteristic defined in part 261, subpart C, 
of this chapter, has a four-digit EPA Hazardous Waste Number assigned to 
it. This number must be used for recordkeeping and reporting purposes. 
Where a hazardous waste contains more than one listed hazardous waste, 
or where more than one hazardous waste characteristic applies to the 
waste, the waste description must include all applicable EPA Hazardous 
Waste Numbers.
    (2) The estimated or manifest-reported weight, or volume and 
density, where applicable, in one of the units of measure specified in 
Table 1;

                                 Table 1
------------------------------------------------------------------------
              Unit of measure                          Code \1\
------------------------------------------------------------------------
Gallons....................................  G
Gallons per Hour...........................  E
Gallons per Day............................  U
Liters.....................................  L
Liters per Hour............................  H
Liters per Day.............................  V
Short Tons per Hour........................  D
Metric Tons per Hour.......................  W
Short Tons per Day.........................  N
Metric Tons per Day........................  S
Pounds per Hour............................  J
Kilograms per Hour.........................  R
Cubic Yards................................  Y
Cubic Meters...............................  C
Acres......................................  B
Acre-feet..................................  A
Hectares...................................  Q
Hectare-meter..............................  F
Btu's per Hour.............................  I
Pounds.....................................  P
Short tons.................................  T
Kilograms..................................  K
Tons.......................................  M
------------------------------------------------------------------------
\1\ Single digit symbols are used here for data processing purposes.

    (3) The method(s) (by handling code(s) as specified in Table 2) and 
date(s) of treatment, storage, or disposal.

Table 2_Handling Codes for Treatment, Storage and Disposal Methods

    Enter the handling code(s) listed below that most closely represents 
the technique(s) used at the facility to treat, store or dispose of each 
quantity of hazardous waste received.

                               1. Storage

S01 Container (barrel, drum, etc.)
S02 Tank
S03 Waste Pile
S04 Surface Impoundment
S05 Drip Pad
S06 Containment Building (Storage)
S99 Other Storage (specify)

                              2. Treatment

(a) Thermal Treatment--

T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator

[[Page 586]]

T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)

(b) Chemical Treatment--

T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)

(c) Physical Treatment--

                      (1) Separation of components:

T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)

                   (2) Removal of Specific Components:

T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)

(d) Biological Treatment

T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78-T79 [Reserved]

(e) Boilers and Industrial Furnaces

T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values from Spent 
Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)

(f) Other Treatment

T94 Containment Building (Treatment)

                               3. Disposal

D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)

                      4. Miscellaneous (Subpart X)

X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other Subpart X (specify)

[45 FR 33221, May 19, 1980, as amended at 59 FR 13891, Mar. 24, 1994; 71 
FR 40274, July 14, 2006]



              Sec. Appendixes II-III to Part 264 [Reserved]



  Sec. Appendix IV to Part 264--Cochran's Approximation to the Behrens-
                         Fisher Students' t-test

    Using all the available background data (nb readings), 
calculate the background mean (Xb) and background variance 
(sb2). For the single monitoring well under investigation 
(nm reading), calculate the monitoring mean (Xm) 
and monitoring variance (sm2).
    For any set of data (X1, X2, . . ., 
Xn) the mean is calculated by:

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.174

and the variance is calculated by:
[GRAPHIC] [TIFF OMITTED] TC15NO91.175

where ``n'' denotes the number of observations in the set of data.

    The t-test uses these data summary measures to calculate a t-
statistic (t*) and a comparison t-statistic (tc). The t* 
value is compared to the tc value and a conclusion reached as 
to whether there has been a statistically significant change in any 
indicator parameter.
    The t-statistic for all parameters except pH and similar monitoring 
parameters is:
[GRAPHIC] [TIFF OMITTED] TR26OC93.011

If the value of this t-statistic is negative then there is no 
significant difference between the monitoring data and background data. 
It should be noted that significantly small negative values may be 
indicative of a failure of the assumption made for test validity or 
errors have been made in collecting the background data.
    The t-statistic (tc), against which t* will be compared, 
necessitates finding tb and tm from standard (one-
tailed) tables where,
tb=t-tables with (nb-1) degrees of freedom, at the 
0.05 level of significance.
tm=t-tables with (nm-1) degrees of freedom, at the 
0.05 level of significance.

    Finally, the special weightings Wb and Wm are 
defined as:
[GRAPHIC] [TIFF OMITTED] TC15NO91.176

and so the comparison t-statistic is:
[GRAPHIC] [TIFF OMITTED] TC15NO91.177

    The t-statistic (t*) is now compared with the comparison t-statistic 
(tc) using the following decision-rule:
 If t* is equal to or larger than tc, then conclude that 
there most likely has been a significant increase in this specific 
parameter.
 If t* is less than tc, then conclude that most likely there 
has not been a change in this specific parameter.

    The t-statistic for testing pH and similar monitoring parameters is 
constructed in the same manner as previously described except the 
negative sign (if any) is discarded and the caveat concerning the 
negative value is ignored. The standard (two-tailed) tables are used in 
the construction tc for pH and similar monitoring parameters.
    If t* is equal to or larger than tc, then conclude that 
there most likely has been a significant increase (if the initial t* had 
been negative, this would imply a significant decrease). If t* is less 
than tc, then conclude that there most likely has been no 
change.
    A further discussion of the test may be found in Statistical Methods 
(6th Edition, Section 4.14) by G. W. Snedecor and W. G. Cochran, or 
Principles and Procedures of Statistics (1st Edition, Section 5.8) by R. 
G. D. Steel and J. H. Torrie.

              Standard T--Tables 0.05 Level of Significance
------------------------------------------------------------------------
                                                     t-values   t-values
                Degrees of freedom                    (one-      (two-
                                                      tail)      tail)
------------------------------------------------------------------------
1.................................................      6.314     12.706
2.................................................      2.920      4.303
3.................................................      2.353      3.182
4.................................................      2.132      2.776
5.................................................      2.015      2.571
6.................................................      1.943      2.447
7.................................................      1.895      2.365
8.................................................      1.860      2.306
9.................................................      1.833      2.262
10................................................      1.812      2.228
11................................................      1.796      2.201
12................................................      1.782      2.179
13................................................      1.771      2.160
14................................................      1.761      2.145
15................................................      1.753      2.131
16................................................      1.746      2.120
17................................................      1.740      2.110
18................................................      1.734      2.101
19................................................      1.729      2.093
20................................................      1.725      2.086
21................................................      1.721      2.080
22................................................      1.717      2.074
23................................................      1.714      2.069
24................................................      1.711      2.064
25................................................      1.708      2.060
30................................................      1.697      2.042
40................................................      1.684      2.021
------------------------------------------------------------------------
Adopted from Table III of ``Statistical Tables for Biological,
  Agricultural, and Medical Research'' (1947, R. A. Fisher and F.
  Yates).


[47 FR 32367, July 26, 1982]



 Sec. Appendix V to Part 264--Examples of Potentially Incompatible Waste

    Many hazardous wastes, when mixed with other waste or materials at a 
hazardous waste facility, can produce effects which are harmful to human 
health and the environment, such as (1) heat or pressure, (2) fire or 
explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or 
gases, or (5) flammable fumes or gases.

[[Page 588]]

    Below are examples of potentially incompatible wastes, waste 
components, and materials, along with the harmful consequences which 
result from mixing materials in one group with materials in another 
group. The list is intended as a guide to owners or operators of 
treatment, storage, and disposal facilities, and to enforcement and 
permit granting officials, to indicate the need for special precautions 
when managing these potentially incompatible waste materials or 
components.
    This list is not intended to be exhaustive. An owner or operator 
must, as the regulations require, adequately analyze his wastes so that 
he can avoid creating uncontrolled substances or reactions of the type 
listed below, whether they are listed below or not.
    It is possible for potentially incompatible wastes to be mixed in a 
way that precludes a reaction (e.g., adding acid to water rather than 
water to acid) or that neutralizes them (e.g., a strong acid mixed with 
a strong base), or that controls substances produced (e.g., by 
generating flammable gases in a closed tank equipped so that ignition 
can not occur, and burning the gases in an incinerator).
    In the lists below, the mixing of a Group A material with a Group B 
material may have the potential consequence as noted.

                                Group 1-A

Acetylene sludge
Alkaline caustic liquids
Alkaline cleaner
Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic

                                Group 1-B

Acid sludge
Acid and water
Battery acid
Chemical cleaners
Electrolyte, acid
Etching acid liquid or solvent
Pickling liquor and other corrosive acids
Spent acid
Spent mixed acid
Spent sulfuric acid

    Potential consequences: Heat generation; violent reaction.

                                Group 2-A

Aluminum
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides

                                Group 2-B

Any waste in Group 1-A or
    1-B
    Potential consequences: Fire or explosion; generation of flammable 
hydrogen gas.

                                Group 3-A

Alcohols
Water

                                Group 3-B

Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO2 Cl2, SOCl2, PCl3, 
CH3 SiCl3
Other water-reactive waste
    Potential consequences: Fire, explosion, or heat generation; 
generation of flammable or toxic gases.

                                Group 4-A

Alcohols
Aldehydes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents

                                Group 4-B

Concentrated Group 1-A or 1-B wastes
Group 2-A wastes
    Potential consequences: Fire, explosion, or violent reaction.

                                Group 5-A

Spent cyanide and sulfide solutions

                                Group 5-B

Group 1-B wastes
    Potential consequences: Generation of toxic hydrogen cyanide or 
hydrogen sulfide gas.

                                Group 6-A

Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers

                                Group 6-B

Acetic acid and other organic acids

[[Page 589]]

Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
    Potential consequences: Fire, explosion, or violent reaction.

    Source: ``Law, Regulations, and Guidelines for Handling of Hazardous 
Waste.'' California Department of Health, February 1975.
---------------------------------------------------------------------------

    \1\ These include counties, city-county consolidations, and 
independent cities. In the case of Alaska, the political jurisdictions 
are election districts, and, in the case of Hawaii, the political 
jurisdiction listed is the island of Hawaii.

[46 FR 2872, Jan. 12, 1981]



   Sec. Appendix VI to Part 264--Political Jurisdictions \1\ in Which 
          Compliance With Sec. 264.18(a) Must Be Demonstrated

                                 Alaska

Aleutian Islands
Anchorage
Bethel
Bristol Bay
Cordova-Valdez
Fairbanks-Fort Yukon
Juneau
Kenai-Cook Inlet
Ketchikan-Prince of Wales
Kodiak
Lynn Canal-Icy Straits
Palmer-Wasilla-Talkeena
Seward
Sitka
Wade Hampton
Wrangell Petersburg
Yukon-Kuskokwim

                                 Arizona

Cochise
Graham
Greenlee
Yuma

                               California

All


                                Colorado

Archuleta
Conejos
Hinsdale
Mineral
Rio Grande
Saguache

                                 Hawaii

Hawaii


                                  Idaho

Bannock
Bear Lake
Bingham
Bonneville
Caribou
Cassia
Clark
Franklin
Fremont
Jefferson
Madison
Oneida
Power
Teton

                                 Montana

Beaverhead
Broadwater
Cascade
Deer Lodge
Flathead
Gallatin
Granite
Jefferson
Lake
Lewis and Clark
Madison
Meagher
Missoula
Park
Powell
Sanders
Silver Bow
Stillwater
Sweet Grass
Teton
Wheatland

                                 Nevada

All


                               New Mexico

Bernalillo
Catron
Grant
Hidalgo
Los Alamos
Rio Arriba
Sandoval
Sante Fe
Sierra
Socorro
Taos
Torrance
Valencia

                                  Utah

Beaver
Box Elder
Cache
Carbon
Davis
Duchesne
Emery
Garfield
Iron
Juab
Millard
Morgan
Piute
Rich
Salt Lake
Sanpete
Sevier
Summit
Tooele
Utah
Wasatch
Washington
Wayne
Weber

                               Washington

Chelan
Clallam
Clark
Cowlitz
Douglas
Ferry
Grant
Grays Harbor
Jefferson
King
Kitsap
Kittitas
Lewis
Mason
Okanogan
Pacific
Pierce
San Juan Islands
Skagit
Skamania
Snohomish
Thurston
Wahkiakum
Whatcom
Yakima

                                 Wyoming

Fremont
Lincoln
Park
Sublette
Teton
Uinta
Yellowstone National
Park

[46 FR 57285, Nov. 23, 1981; 47 FR 953, Jan. 8, 1982]



             Sec. Appendixes VII-VIII to Part 264 [Reserved]

[[Page 590]]

          Appendix IX to Part 264--Ground-Water Monitoring List

                      Ground-Water Monitoring List
------------------------------------------------------------------------
                                                     Chemical abstracts
       Common name \1\             CAS RN \2\        service index name
                                                             \3\
------------------------------------------------------------------------
Acenaphthene................  83-32-9.............  Acenaphthylene, 1,2-
                                                     dihydro-
Acenaphthylene..............  208-96-8............  Acenaphthylene
Acetone.....................  67-64-1.............  2-Propanone
Acetophenone................  98-86-2.............  Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide  75-05-8.............  Acetonitrile
2-Acetylaminofluorene; 2-AAF  53-96-3.............  Acetamide, N-9H-
                                                     fluoren-2-yl-
Acrolein....................  107-02-8............  2-Propenal
Acrylonitrile...............  107-13-1............  2-Propenenitrile
Aldrin......................  309-00-2............  1,4:5,8-
                                                     Dimethanonaphthalen
                                                     e, 1,2,3,4,10,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a-
                                                     hexahydro-
                                                     (1[alpha],4[alpha],
                                                     4a[beta],5[alpha],8
                                                     [alpha],8a[beta])-
Allyl chloride..............  107-05-1............  1-Propene, 3-chloro-
4-Aminobiphenyl.............  92-67-1.............  [1,1[min]-Biphenyl]-
                                                     4-amine
Aniline.....................  62-53-3.............  Benzenamine
Anthracene..................  120-12-7............  Anthracene
Antimony....................  (Total).............  Antimony
Aramite.....................  140-57-8............  Sulfurous acid, 2-
                                                     chloroethyl 2-[4-
                                                     (1,1-dimethylethyl)
                                                     phenoxy]-1-
                                                     methylethyl ester
Arsenic.....................  (Total).............  Arsenic
Barium......................  (Total).............  Barium
Benzene.....................  71-43-2.............  Benzene
Benzo[a]anthracene;           56-55-3.............  Benz[a]anthracene
 Benzanthracene.
Benzo[b]fluoranthene........  205-99-2............  Benz[e]acephenanthry
                                                     lene
Benzo[k]fluoranthene........  207-08-9............  Benzo[k]fluoranthene
Benzo[ghi]perylene..........  191-24-2............  Benzo[ghi]perylene
Benzo[a]pyrene..............  50-32-8.............  Benzo[a]pyrene
Benzyl alcohol..............  100-51-6............  Benzenemethanol
Beryllium...................  (Total).............  Beryllium
alpha-BHC...................  319-84-6............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[beta],5[
                                                     beta],6[beta])-
beta-BHC....................  319-85-7............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[beta],
                                                     3[alpha],4[beta],5[
                                                     alpha],6[beta])-
delta-BHC...................  319-86-8............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[alpha],4[beta],5
                                                     [alpha],6[beta])-
gamma-BHC; Lindane..........  58-89-9.............  Cyclohexane,
                                                     1,2,3,4,5,6-
                                                     hexachloro-
                                                     ,(1[alpha],2[alpha]
                                                     ,3[beta],4[alpha],5
                                                     [alpha],6[beta])-
Bis(2-chloroethoxy)methane..  111-91-1............  Ethane, 1,1[min]-
                                                     [methylenebis(oxy)]
                                                     bis [2-chloro-
Bis(2-chloroethyl)ether.....  111-44-4............  Ethane, 1,1[min]-
                                                     oxybis[2-chloro-
Bis(2-chloro-1-methylethyl)   108-60-1............  Propane, 2,2'-
 ether; 2,2[min]-                                    oxybis[1-chloro-
 Dichlorodiisopropyl ether.
Bis(2-ethylhexyl) phthalate.  117-81-7............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, bis(2-
                                                     ethylhexyl)ester
Bromodichloromethane........  75-27-4.............  Methane,
                                                     bromodichloro-
Bromoform; Tribromomethane..  75-25-2.............  Methane, tribromo-
4-Bromophenyl phenyl ether..  101-55-3............  Benzene, 1-bromo-4-
                                                     phenoxy-
Butyl benzyl phthalate;       85-68-7.............  1,2-
 Benzyl butyl phthalate.                             Benzenedicarboxylic
                                                     acid, butyl
                                                     phenylmethyl ester
Cadmium.....................  (Total).............  Cadmium
Carbon disulfide............  75-15-0.............  Carbon disulfide
Carbon tetrachloride........  56-23-5.............  Methane, tetrachloro-
 
Chlordane...................  57-74-9.............  4,7-Methano-1H-
                                                     indene,
                                                     1,2,4,5,6,7,8,8-
                                                     octachloro-
                                                     2,3,3a,4,7,7a -
                                                     hexahydro-
p-Chloroaniline.............  106-47-8............  Benzenamine, 4-
                                                     chloro-
Chlorobenzene...............  108-90-7............  Benzene, chloro-
Chlorobenzilate.............  510-15-6............  Benzeneacetic acid,
                                                     4-chloro-[alpha]-(4-
                                                     chlorophenyl)-
                                                     [alpha]-hydroxy-,
                                                     ethyl ester
p-Chloro-m-cresol...........  59-50-7.............  Phenol, 4-chloro-3-
                                                     methyl-
Chloroethane; Ethyl chloride  75-00-3.............  Ethane, chloro-
Chloroform..................  67-66-3.............  Methane, trichloro-
2-Chloronaphthalene.........  91-58-7.............  Naphthalene, 2-
                                                     chloro-
2-Chlorophenol..............  95-57-8.............  Phenol, 2-chloro-
4-Chlorophenyl phenyl ether.  7005-72-3...........  Benzene, 1-chloro-4-
                                                     phenoxy-
Chloroprene.................  126-99-8............  1,3-Butadiene,2-
                                                     chloro-
Chromium....................  (Total).............  Chromium
Chrysene....................  218-01-9............  Chrysene
Cobalt......................  (Total).............  Cobalt
Copper......................  (Total).............  Copper
m-Cresol....................  108-39-4............  Phenol, 3-methyl-
o-Cresol....................  95-48-7.............  Phenol, 2-methyl-
p-Cresol....................  106-44-5............  Phenol, 4-methyl-

[[Page 591]]

 
Cyanide.....................  57-12-5.............  Cyanide
2,4-D; 2,4-                   94-75-7.............  Acetic acid, (2,4-
 Dichlorophenoxyacetic acid.                         dichlorophenoxy)-
4,4[min]-DDD................  72-54-8.............  Benzene 1,1[min]-
                                                     (2,2-
                                                     dichloroethylidene)
                                                     bis[4-chloro-
4,4[min]-DDE................  72-55-9.............  Benzene, 1,1[min]-
                                                     (dichloroethenylide
                                                     ne) bis[4-chloro-
4,4[min]-DDT................  50-29-3.............  Benzene, 1,1[min]-
                                                     (2,2,2-
                                                     trichloroethylidene
                                                     ) bis[4-chloro-
Diallate....................  2303-16-4...........  Carbamothioic acid,
                                                     bis(1-methylethyl)-
                                                     , S- (2,3-dichloro-
                                                     2-propenyl) ester
Dibenz[a,h]anthracene.......  53-70-3.............  Dibenz[a,h]anthracen
                                                     e
Dibenzofuran................  132-64-9............  Dibenzofuran
Dibromochloromethane;         124-48-1............  Methane,
 Chlorodibromomethane.                               dibromochloro-
1,2-Dibromo-3-chloropropane;  96-12-8.............  Propane, 1,2-dibromo-
 DBCP.                                               3-chloro-
1,2-Dibromoethane; Ethylene   106-93-4............  Ethane, 1,2-dibromo-
 dibromide.
Di-n-butyl phthalate........  84-74-2.............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dibutyl ester
o-Dichlorobenzene...........  95-50-1.............  Benzene, 1,2-
                                                     dichloro-
m-Dichlorobenzene...........  541-73-1............  Benzene, 1,3-
                                                     dichloro-
p-Dichlorobenzene...........  106-46-7............  Benzene, 1,4-
                                                     dichloro-
3,3[min]-Dichlorobenzidine..  91-94-1.............  [1,1[min]-Biphenyl]-
                                                     4,4[min]-diamine,
                                                     3,3[min]-dichloro-
trans-1,4-Dichloro-2-butene.  110-57-6............  2-Butene, 1,4-
                                                     dichloro-, (E)-
Dichlorodifluoromethane.....  75-71-8.............  Methane,
                                                     dichlorodifluoro-
1,1-Dichloroethane..........  75-34-3.............  Ethane, 1,1-dichloro-
 
1,2-Dichloroethane; Ethylene  107-06-2............  Ethane, 1,2-dichloro-
 dichloride.
1,1-Dichloroethylene;         75-35-4.............  Ethene, 1,1-dichloro-
 Vinylidene chloride.
trans-1,2-Dichloroethylene..  156-60-5............  Ethene, 1,2-dichloro-
                                                     , (E)-
2,4-Dichlorophenol..........  120-83-2............  Phenol, 2,4-dichloro-
 
2,6-Dichlorophenol..........  87-65-0.............  Phenol, 2,6-dichloro-
 
1,2-Dichloropropane.........  78-87-5.............  Propane, 1,2-
                                                     dichloro-
cis-1,3-Dichloropropene.....  10061-01-5..........  1-Propene, 1,3-
                                                     dichloro-, (Z)-
trans-1,3-Dichloropropene...  10061-02-6..........  1-Propene, 1,3-
                                                     dichloro-, (E)-
Dieldrin....................  60-57-1.............  2,7:3,6-
                                                     Dimethanonaphth
                                                     [2,3-b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     1a,2,2a,3,6,6a,7,7a-
                                                     octahydro-,
                                                     (1a[alpha],2[beta],
                                                     2a[alpha],3[beta],6
                                                     [beta];,6a[alpha],7
                                                     [beta],7a[alpha])-
Diethyl phthalate...........  84-66-2.............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl     297-97-2............  Phosphorothioic
 phosphorothioate; Thionazin.                        acid, O,O-diethyl O-
                                                     pyrazinyl ester
Dimethoate..................  60-51-5.............  Phosphorodithioic
                                                     acid, O,O-dimethyl
                                                     S-[2-(methylamino)-
                                                     2-oxoethyl] ester
p-(Dimethylamino)azobenzene.  60-11-7.............  Benzenamine, N,N-
                                                     dimethyl-4-
                                                     (phenylazo)-
7,12-                         57-97-6.............  Benz[a]anthracene,
 Dimethylbenz[a]anthracene.                          7,12-dimethyl-
3,3[min]-Dimethylbenzidine..  119-93-7............  [1,1[min]-Biphenyl]-
                                                     4,4[min]-diamine,
                                                     3,3[min]-dimethyl-
alpha, alpha-                 122-09-8............  Benzeneethanamine,
 Dimethylphenethylamine.                             [alpha],[alpha]-
                                                     dimethyl-
2,4-Dimethylphenol..........  105-67-9............  Phenol, 2,4-dimethyl-
 
Dimethyl phthalate..........  131-11-3............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dimethyl
                                                     ester
m-Dinitrobenzene............  99-65-0.............  Benzene, 1,3-dinitro-
 
4,6-Dinitro-o-cresol........  534-52-1............  Phenol, 2-methyl-4,6-
                                                     dinitro-
2,4-Dinitrophenol...........  51-28-5.............  Phenol, 2,4-dinitro-
2,4-Dinitrotoluene..........  121-14-2............  Benzene, 1-methyl-
                                                     2,4-dinitro-
2,6-Dinitrotoluene..........  606-20-2............  Benzene, 2-methyl-
                                                     1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-   88-85-7.............  Phenol, 2-(1-
 4,6-dinitrophenol.                                  methylpropyl)-4,6-
                                                     dinitro-
Di-n-octyl phthalate........  117-84-0............  1,2-
                                                     Benzenedicarboxylic
                                                     acid, dioctyl ester
1,4-Dioxane.................  123-91-1............  1,4-Dioxane
Diphenylamine...............  122-39-4............  Benzenamine, N-
                                                     phenyl-
Disulfoton..................  298-04-4............  Phosphorodithioic
                                                     acid, O,O-diethyl S-
                                                     [2-
                                                     (ethylthio)ethyl]es
                                                     ter
Endosulfan I................  959-98-8............  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide,(3[alpha],5a[
                                                     beta],6[alpha],9[al
                                                     pha],9a[beta])-
Endosulfan II...............  33213-65-9..........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3-
                                                     oxide,
                                                     (3[alpha],5a[alpha]
                                                     ,6[beta],9[beta],9a
                                                     [alpha])-
Endosulfan sulfate..........  1031-07-8...........  6,9-Methano-2,4,3-
                                                     benzodioxathiepin,
                                                     6,7,8,9,10,10-
                                                     hexachloro-
                                                     1,5,5a,6,9,9a-
                                                     hexahydro-, 3,3-
                                                     dioxide
Endrin......................  72-20-8.............  2,7:3,6-
                                                     Dimethanonaphth[2,3-
                                                     b]oxirene,
                                                     3,4,5,6,9,9-
                                                     hexachloro-
                                                     ,1a,2,2a,3,6,6a,7,7
                                                     a-octahydro-,
                                                     (1a[alpha],2[beta],
                                                     2a[beta],3[alpha],6
                                                     [alpha],6a[beta],7[
                                                     beta], 7a[alpha])-
Endrin aldehyde.............  7421-93-4...........  1,2,4-
                                                     Methenocyclopenta[c
                                                     d] pentalene-5-
                                                     carboxaldehyde,
                                                     2,2a,3,3,4,7-
                                                     hexachlorodecahydro-
                                                     ,(1[alpha],2[beta],
                                                     2a[beta],4[beta],4a
                                                     [beta],5[beta],6a[b
                                                     eta],6b[beta],7R*)-
Ethylbenzene................  100-41-4............  Benzene, ethyl-
Ethyl methacrylate..........  97-63-2.............  2-Propenoic acid, 2-
                                                     methyl-, ethyl
                                                     ester

[[Page 592]]

 
Ethyl methanesulfonate......  62-50-0.............  Methanesulfonic
                                                     acid, ethyl ester
Famphur.....................  52-85-7.............  Phosphorothioic
                                                     acid, O-[4-
                                                     [(dimethylamino)sul
                                                     fonyl]phenyl]-O,O-
                                                     dimethyl ester
Fluoranthene................  206-44-0............  Fluoranthene
Fluorene....................  86-73-7.............  9H-Fluorene
Heptachlor..................  76-44-8.............  4,7-Methano-1H-
                                                     indene,
                                                     1,4,5,6,7,8,8-
                                                     heptachloro-
                                                     3a,4,7,7a-
                                                     tetrahydro-
Heptachlor epoxide..........  1024-57-3...........  2,5-Methano-2H-
                                                     indeno[1,2-b]
                                                     oxirene,
                                                     2,3,4,5,6,7,7-
                                                     heptachloro-
                                                     1a,1b,5,5a,6,6a,-
                                                     hexahydro-,
                                                     (1a[alpha],1b[beta]
                                                     ,2[alpha],5[alpha],
                                                     5a[beta],6[beta],6a
                                                     [alpha])
Hexachlorobenzene...........  118-74-1............  Benzene, hexachloro-
Hexachlorobutadiene.........  87-68-3.............  1,3-Butadiene,
                                                     1,1,2,3,4,4-
                                                     hexachloro-
Hexachlorocyclopentadiene...  77-47-4.............  1,3-Cyclopentadiene,
                                                     1,2,3,4,5,5-
                                                     hexachloro-
Hexachloroethane............  67-72-1.............  Ethane, hexachloro-
Hexachlorophene.............  70-30-4.............  Phenol, 2,2[min]-
                                                     methylenebis[3,4,6-
                                                     trichloro-
Hexachloropropene...........  1888-71-7...........  1-Propene,
                                                     1,1,2,3,3,3-
                                                     hexachloro-
2-Hexanone..................  591-78-6............  2-Hexanone
Indeno(1,2,3-cd)pyrene......  193-39-5............  Indeno[1,2,3-
                                                     cd]pyrene
Isobutyl alcohol............  78-83-1.............  1-Propanol, 2-methyl-
 
Isodrin.....................  465-73-6............  1,4,5,8-
                                                     Dimethanonaphthalen
                                                     e,1,2,3,4,1 0,10-
                                                     hexachloro-
                                                     1,4,4a,5,8,8a
                                                     hexahydro-
                                                     (1[alpha],
                                                     4[alpha], 4a[beta],
                                                     5[beta], 8[beta],
                                                     8a[beta])-
Isophorone..................  78-59-1.............  2-Cyclohexen-1-one,
                                                     3,5,5-trimethyl-
Isosafrole..................  120-58-1............  1,3-Benzodioxole, 5-
                                                     (1-propenyl)-
Kepone......................  143-50-0............  1,3,4-Metheno-2H-
                                                     cyclobuta-
                                                     [cd]pentalen-2-one,
                                                     1,1a,3,3a,4,5,5,5a,
                                                     5b,6-
                                                     decachlorooctahydro-
 
Lead........................  (Total).............  Lead
Mercury.....................  (Total).............  Mercury
Methacrylonitrile...........  126-98-7............  2-Propenenitrile, 2-
                                                     methyl-
Methapyrilene...............  91-80-5.............  1,2,Ethanediamine,N,
                                                     N-dimethyl-N[min]-2-
                                                     pyridinyl-N[min]-(2-
                                                     thienylmethyl)-
Methoxychlor................  72-43-5.............  Benzene, 1,1[min]-
                                                     (2,2,2,trichloroeth
                                                     ylidene)bis [4-
                                                     methoxy-
Methyl bromide; Bromomethane  74-83-9.............  Methane, bromo-
Methyl chloride;              74-87-3.............  Methane, chloro-
 Chloromethane.
3-Methylcholanthrene........  56-49-5.............  Benz[j]aceanthrylene
                                                     , 1,2-dihydro-3-
                                                     methyl-
Methylene bromide;            74-95-3.............  Methane, dibromo-
 Dibromomethane.
Methylene chloride;           75-09-2.............  Methane, dichloro-
 Dichloromethane.
Methyl ethyl ketone; MEK;...  78-93-3.............  2-Butanone
Methyl iodide; Iodomethane..  74-88-4.............  Methane, iodo-
Methyl methacrylate.........  80-62-6.............  2-Propenoic acid, 2-
                                                     methyl-, methyl
                                                     ester
Methyl methanesulfonate.....  66-27-3.............  Methanesulfonic
                                                     acid, methyl ester
2-Methylnaphthalene.........  91-57-6.............  Naphthalene, 2-
                                                     methyl-
Methyl parathion; Parathion   298-00-0............  Phosphorothioic
 methyl.                                             acid, O,O-dimethyl
                                                     O-(4-nitrophenyl)
                                                     ester
4-Methyl-2-pentanone; Methyl  108-10-1............  2-Pentanone, 4-
 isobutyl ketone.                                    methyl-
Naphthalene.................  91-20-3.............  Naphthalene
1,4-Naphthoquinone..........  130-15-4............  1,4-Naphthalenedione
1-Naphthylamine.............  134-32-7............  1-Naphthalenamine
2-Naphthylamine.............  91-59-8.............  2-Naphthalenamine
Nickel......................  (Total).............  Nickel
o-Nitroaniline..............  88-74-4.............  Benzenamine, 2-nitro-
 
m-Nitroaniline..............  99-09-2.............  Benzenamine, 3-nitro-
 
p-Nitroaniline..............  100-01-6............  Benzenamine, 4-nitro-
 
Nitrobenzene................  98-95-3.............  Benzene, nitro-
o-Nitrophenol...............  88-75-5.............  Phenol, 2-nitro-
p-Nitrophenol...............  100-02-7............  Phenol, 4-nitro-
4-Nitroquinoline 1-oxide....  56-57-5.............  Quinoline, 4-nitro,
                                                     1-oxide
N-Nitrosodi-n-butylamine....  924-16-3............  1-Butanamine, N-
                                                     butyl-N-nitroso-
N-Nitrosodiethylamine.......  55-18-5.............  Ethanamine, N-ethyl-
                                                     N-nitroso-
N-Nitrosodimethylamine......  62-75-9.............  Methanamine, N-
                                                     methyl-N-nitroso-
N-Nitrosodiphenylamine......  86-30-6.............  Benzenamine, N-
                                                     nitroso-N-phenyl-
N-Nitrosodipropylamine;Di-n-  621-64-7............  1-Propanamine, N-
 propylnitrosamine.                                  nitroso-N-propyl-
N-Nitrosomethylethalamine...  10595-95-6..........  Ethanamine, N-methyl-
                                                     N-nitroso-
N-Nitrosomorpholine.........  59-89-2.............  Morpholine, 4-
                                                     nitroso-
N-Nitrosopiperidine.........  100-75-4............  Piperidine, 1-
                                                     nitroso-
N-Nitrosopyrrolidine........  930-55-2............  Pyrrolidine, 1-
                                                     nitroso-
5-Nitro-o-toluidine.........  99-55-8.............  Benzenamine, 2-
                                                     methyl-5-nitro-
Parathion...................  56-38-2.............  Phosphorothioic
                                                     acid, O,O-diethyl-O-
                                                     (4-nitrophenyl)
                                                     ester
Polychlorinated biphenyls;    See footnote 4......  1,1[min]-Biphenyl,
 PCBs.                                               chloro derivatives

[[Page 593]]

 
Polychlorinated dibenzo-p-    See footnote 5......  Dibenzo[b,e][1,4]dio
 dioxins; PCDDs.                                     xin, chloro
                                                     derivatives
Polychlorinated               See footnote 6......  Dibenzofuran, chloro
 dibenzofurans; PCDFs.                               derivatives
Pentachlorobenzene..........  608-93-5............  Benzene, pentachloro-
 
Pentachloroethane...........  76-01-7.............  Ethane, pentachloro-
Pentachloronitrobenzene.....  82-68-8.............  Benzene,
                                                     pentachloronitro-
Pentachlorophenol...........  87-86-5.............  Phenol, pentachloro-
Phenacetin..................  62-44-2.............  Acetamide, N-(4-
                                                     ethoxyphenyl)
Phenanthrene................  85-01-8.............  Phenanthrene
Phenol......................  108-95-2............  Phenol
p-Phenylenediamine..........  106-50-3............  1,4-Benzenediamine
Phorate.....................  298-02-2............  Phosphorodithioic
                                                     acid, O,O-diethyl S-
                                                      [(ethylthio)methyl
                                                     ] ester
2-Picoline..................  109-06-8............  Pyridine, 2-methyl-
Pronamide...................  23950-58-5..........  Benzamide, 3,5-
                                                     dichloro-N-(1,1-
                                                     dimethyl-2-
                                                     propynyl)-
Propionitrile; Ethyl cyanide  107-12-0............  Propanenitrile
Pyrene......................  129-00-0............  Pyrene
Pyridine....................  110-86-1............  Pyridine
Safrole.....................  94-59-7.............  1,3-Benzodioxole, 5-
                                                     (2-propenyl)-
Selenium....................  (Total).............  Selenium
Silver......................  (Total).............  Silver
Silvex; 2,4,5-TP............  93-72-1.............  Propanoic acid, 2-
                                                     (2,4,5-
                                                     trichlorophenoxy)-
Styrene.....................  100-42-5............  Benzene, ethenyl-
Sulfide.....................  18496-25-8..........  Sulfide
2,4,5-T; 2,4,5-               93-76-5.............  Acetic acid, (2,4,5-
 Trichlorophenoxyacetic acid.                        trichlorophenoxy)-
2,3,7,8-TCDD; 2,3,7,8-        1746-01-6...........  Dibenzo[b,e][1,4]dio
 Tetrachlorodibenzo-p-dioxin.                        xin, 2,3,7,8-
                                                     tetrachloro-
1,2,4,5-Tetrachlorobenzene..  95-94-3.............  Benzene, 1,2,4,5-
                                                     tetrachloro-
1,1,1,2-Tetrachloroethane...  630-20-6............  Ethane, 1,1,1,2-
                                                     tetrachloro-
1,1,2,2-Tetrachloroethane...  79-34-5.............  Ethane, 1,1,2,2-
                                                     tetrachloro-
Tetrachloroethylene;          127-18-4............  Ethene, tetrachloro-
 Perchloroethylene;
 Tetrachloroethene.
2,3,4,6-Tetrachlorophenol...  58-90-2.............  Phenol, 2,3,4,6-
                                                     tetrachloro-
Tetraethyl                    3689-24-5...........  Thiodiphosphoric
 dithiopyrophosphate;                                acid ([(HO)2 P(S)]2
 Sulfotepp.                                          O), tetraethyl
                                                     ester
Thallium....................  (Total).............  Thallium
Tin.........................  (Total).............  Tin
Toluene.....................  108-88-3............  Benzene, methyl-
o-Toluidine.................  95-53-4.............  Benzenamine, 2-
                                                     methyl-
Toxaphene...................  8001-35-2...........  Toxaphene
1,2,4-Trichlorobenzene......  120-82-1............  Benzene, 1,2,4-
                                                     trichloro-
1,1,1-Trichloroethane;        71-55-6.............  Ethane, 1,1,1-
 Methylchloroform.                                   trichloro-
1,1,2-Trichloroethane.......  79-00-5.............  Ethane, 1,1,2-
                                                     trichloro-
Trichloroethylene;            79-01-6.............  Ethene, trichloro-
 Trichloroethene.
Trichlorofluoromethane......  75-69-4.............  Methane,
                                                     trichlorofluoro-
2,4,5-Trichlorophenol.......  95-95-4.............  Phenol, 2,4,5-
                                                     trichloro-
2,4,6-Trichlorophenol.......  88-06-2.............  Phenol, 2,4,6-
                                                     trichloro-
1,2,3-Trichloropropane......  96-18-4.............  Propane, 1,2,3-
                                                     trichloro-
O,O,O-Triethyl                126-68-1............  Phosphorothioic
 phosphorothioate.                                   acid, O,O,O-
                                                     triethyl ester
sym-Trinitrobenzene.........  99-35-4.............  Benzene, 1,3,5-
                                                     trinitro-
Vanadium....................  (Total).............  Vanadium
Vinyl acetate...............  108-05-4............  Acetic acid, ethenyl
                                                     ester
Vinyl chloride..............  75-01-4.............  Ethene, chloro-
Xylene (total)..............  1330-20-7...........  Benzene, dimethyl-
Zinc........................  (Total).............  Zinc
------------------------------------------------------------------------
\1\ Common names are those widely used in government regulations,
  scientific publications, and commerce; synonyms exist for many
  chemicals.
\2\ Chemical Abstracts Service registry number. Where ``Total'' is
  entered, all species in the ground water that contain this element are
  included.
\3\ CAS index names are those used in the 9th Cumulative Index.
\4\ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains
  congener chemicals, including constituents of Aroclor-1016 (CAS RN
  12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN
  11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN
  12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS
  RN 11096-82-5).
\5\ This category contains congener chemicals, including
  tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD),
  pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins.
\6\ This category contains congener chemicals, including
  tetrachlorodibenzofurans, pentachlorodibenzofurans, and
  hexachlorodibenzofurans.


[[Page 594]]


[70 FR 34582, June 14, 2005, as amended at 70 FR 44151, Aug. 1, 2005]



PART 265_INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

                            Subpart A_General

Sec.
265.1 Purpose, scope, and applicability.
265.2-265.3 [Reserved]
265.4 Imminent hazard action.

                  Subpart B_General Facility Standards

265.10 Applicability.
265.11 Identification number.
265.12 Required notices.
265.13 General waste analysis.
265.14 Security.
265.15 General inspection requirements.
265.16 Personnel training.
265.17 General requirements for ignitable, reactive, or incompatible 
          wastes.
265.18 Location standards.
265.19 Construction quality assurance program.

                  Subpart C_Preparedness and Prevention

265.30 Applicability.
265.31 Maintenance and operation of facility.
265.32 Required equipment.
265.33 Testing and maintenance of equipment.
265.34 Access to communications or alarm system.
265.35 Required aisle space.
265.36 [Reserved]
265.37 Arrangements with local authorities.

           Subpart D_Contingency Plan and Emergency Procedures

265.50 Applicability.
265.51 Purpose and implementation of contingency plan.
265.52 Content of contingency plan.
265.53 Copies of contingency plan.
265.54 Amendment of contingency plan.
265.55 Emergency coordinator.
265.56 Emergency procedures.

         Subpart E_Manifest System, Recordkeeping, and Reporting

265.70 Applicability.
265.71 Use of manifest system.
265.72 Manifest discrepancies.
265.73 Operating record.
265.74 Availability, retention, and disposition of records.
265.75 Biennial report.
265.76 Unmanifested waste report.
265.77 Additional reports.

                    Subpart F_Ground-Water Monitoring

265.90 Applicability.
265.91 Ground-water monitoring system.
265.92 Sampling and analysis.
265.93 Preparation, evaluation, and response.
265.94 Recordkeeping and reporting.

                   Subpart G_Closure and Post-Closure

265.110 Applicability.
265.111 Closure performance standard.
265.112 Closure plan; amendment of plan.
265.113 Closure; time allowed for closure.
265.114 Disposal or decontamination of equipment, structures and soils.
265.115 Certification of closure.
265.116 Survey plat.
265.117 Post-closure care and use of property.
265.118 Post-closure plan; amendment of plan.
265.119 Post-closure notices.
265.120 Certification of completion of post-closure care.
265.121 Post-closure requirements for facilities that obtain enforceable 
          documents in lieu of post-closure permits.

                    Subpart H_Financial Requirements

265.140 Applicability.
265.141 Definitions of terms as used in this subpart.
265.142 Cost estimate for closure.
265.143 Financial assurance for closure.
265.144 Cost estimate for post-closure care.
265.145 Financial assurance for post-closure care.
265.146 Use of a mechanism for financial assurance of both closure and 
          post-closure care.
265.147 Liability requirements.
265.148 Incapacity of owners or operators, guarantors, or financial 
          institutions.
265.149 Use of State-required mechanisms.
265.150 State assumption of responsibility.

               Subpart I_Use and Management of Containers

265.170 Applicability.
265.171 Condition of containers.
265.172 Compatibility of waste with container.
265.173 Management of containers.
265.174 Inspections.
265.175 [Reserved]
265.176 Special requirements for ignitable or reactive waste.
265.177 Special requirements for incompatible wastes.
265.178 Air emission standards.

[[Page 595]]

                         Subpart J_Tank Systems

265.190 Applicability.
265.191 Assessment of existing tank system's integrity.
265.192 Design and installation of new tank systems or components.
265.193 Containment and detection of releases.
265.194 General operating requirements.
265.195 Inspections.
265.196 Response to leaks or spills and disposition of leaking or unfit-
          for-use tank systems.
265.197 Closure and post-closure care.
265.198 Special requirements for ignitable or reactive wastes.
265.199 Special requirements for incompatible wastes.
265.200 Waste analysis and trial tests.
265.201 Special requirements for generators of between 100 and 1,000 kg/
          mo that accumulate hazardous waste in tanks.
265.202 Air emission standards.

                     Subpart K_Surface Impoundments

265.220 Applicability.
265.221 Design and operating requirements.
265.222 Action leakage rate.
265.223 Containment system.
265.224 Response actions.
265.225 Waste analysis and trial tests.
265.226 Monitoring and inspection.
265.227 [Reserved]
265.228 Closure and post-closure care.
265.229 Special requirements for ignitable or reactive waste.
265.230 Special requirements for incompatible wastes.
265.231 Air emission standards.

                          Subpart L_Waste Piles

265.250 Applicability.
265.251 Protection from wind.
265.252 Waste analysis.
265.253 Containment.
265.254 Design and operating requirements.
265.255 Action leakage rates.
265.256 Special requirements for ignitable or reactive waste.
265.257 Special requirements for incompatible wastes.
265.258 Closure and post-closure care.
265.259 Response actions.
265.260 Monitoring and inspection.

                        Subpart M_Land Treatment

265.270 Applicability.
265.271 [Reserved]
265.272 General operating requirements.
265.273 Waste analysis.
265.274-265.275 [Reserved]
265.276 Food chain crops.
265.277 [Reserved]
265.278 Unsaturated zone (zone of aeration) monitoring.
265.279 Recordkeeping.
265.280 Closure and post-closure.
265.281 Special requirements for ignitable or reactive waste.
265.282 Special requirements for incompatible wastes.

                           Subpart N_Landfills

265.300 Applicability.
265.301 Design and operating requirements.
265.302 Action leakage rate.
265.303 Response actions.
265.304 Monitoring and inspection.
265.305-265.308 [Reserved]
265.309 Surveying and recordkeeping.
265.310 Closure and post-closure care.
265.311 [Reserved]
265.312 Special requirements for ignitable or reactive waste.
265.313 Special requirements for incompatible wastes.
265.314 Special requirements for bulk and containerized liquids.
265.315 Special requirements for containers.
265.316 Disposal of small containers of hazardous waste in overpacked 
          drums (lab packs).

                         Subpart O_Incinerators

265.340 Applicability.
265.341 Waste analysis.
265.342-265.344 [Reserved]
265.345 General operating requirements.
265.346 [Reserved]
265.347 Monitoring and inspections.
265.348-265.350 [Reserved]
265.351 Closure.
265.352 Interim status incinerators burning particular hazardous wastes.
265.353-265.369 [Reserved]

                       Subpart P_Thermal Treatment

265.370 Other thermal treatment.
265.371-265.372 [Reserved]
265.373 General operating requirements.
265.374 [Reserved]
265.375 Waste analysis.
265.376 [Reserved]
265.377 Monitoring and inspections.
265.378-265.380 [Reserved]
265.381 Closure.
265.382 Open burning; waste explosives.
265.383 Interim status thermal treatment devices burning particular 
          hazardous waste.

         Subpart Q_Chemical, Physical, and Biological Treatment

265.400 Applicability.
265.401 General operating requirements.
265.402 Waste analysis and trial tests.
265.403 Inspections.

[[Page 596]]

265.404 Closure.
265.405 Special requirements for ignitable or reactive waste.
265.406 Special requirements for incompatible wastes.

                     Subpart R_Underground Injection

265.430 Applicability.

Subparts S-V [Reserved]

                           Subpart W_Drip Pads

265.440 Applicability.
265.441 Assessment of existing drip pad integrity.
265.442 Design and installation of new drip pads.
265.443 Design and operating requirements.
265.444 Inspections.
265.445 Closure.

Subparts X-Z [Reserved]

           Subpart AA_Air Emission Standards for Process Vents

265.1030 Applicability.
265.1031 Definitions.
265.1032 Standards: Process vents.
265.1033 Standards: Closed-vent systems and control devices.
265.1034 Test methods and procedures.
265.1035 Recordkeeping requirements.
265.1036-265.1049 [Reserved]

          Subpart BB_Air Emission Standards for Equipment Leaks

265.1050 Applicability.
265.1051 Definitions.
265.1052 Standards: Pumps in light liquid service.
265.1053 Standards: Compressors.
265.1054 Standards: Pressure relief devices in gas/vapor service.
265.1055 Standards: Sampling connection systems.
265.1056 Standards: Open-ended valves or lines.
265.1057 Standards: Valves in gas/vapor service or in light liquid 
          service.
265.1058 Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          flanges and other connectors.
265.1059 Standards: Delay of repair.
265.1060 Standards: Closed-vent systems and control devices.
265.1061 Alternative standards for valves in gas/vapor service or in 
          light liquid service: percentage of valves allowed to leak.
265.1062 Alternative standards for valves in gas/vapor service or in 
          light liquid service: skip period leak detection and repair.
265.1063 Test methods and procedures.
265.1064 Recordkeeping requirements.
265.1065-265.1079 [Reserved]

 Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

265.1080 Applicability.
265.1081 Definitions.
265.1082 Schedule for implementation of air emission standards.
265.1083 Standards: General.
265.1084 Waste determination procedures.
265.1085 Standards: Tanks.
265.1086 Standards: Surface impoundments.
265.1087 Standards: Containers.
265.1088 Standards: Closed-vent systems and control devices.
265.1089 Inspection and monitoring requirements.
265.1090 Recordkeeping requirements.
265.1091 [Reserved]

                    Subpart DD_Containment Buildings

265.1100 Applicability.
265.1101 Design and operating standards.
265.1102 Closure and post-closure care.
265.1103-265.1110 [Reserved]

       Subpart EE_Hazardous Waste Munitions and Explosives Storage

265.1200 Applicability.
265.1201 Design and operating standards.
265.1202 Closure and post-closure care.

Appendix I to Part 265--Recordkeeping Instructions
Appendix II to Part 265 [Reserved]
Appendix III to Part 265--EPA Interim Primary Drinking Water Standards
Appendix IV to Part 265--Tests for Significance
Appendix V to Part 265--Examples of Potentially Incompatible Waste
Appendix VI to Part 265--Compounds With Henry's Law Constant Less Than 
          0.1 Y/X

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 
6936, and 6937.

    Source: 45 FR 33232, May 19, 1980, unless otherwise noted.



                            Subpart A_General



Sec. 265.1  Purpose, scope, and applicability.

    (a) The purpose of this part is to establish minimum national 
standards that define the acceptable management of hazardous waste 
during the period of interim status and until certification of final 
closure or, if the facility is subject to post-closure requirements, 
until

[[Page 597]]

post-closure responsibilities are fulfilled.
    (b) Except as provided in Sec. 265.1080(b), the standards of this 
part, and of 40 CFR 264.552, 264.553, and 264.554, apply to owners and 
operators of facilities that treat, store or dispose of hazardous waste 
who have fully complied with the requirements for interim status under 
section 3005(e) of RCRA and Sec. 270.10 of this chapter until either a 
permit is issued under section 3005 of RCRA or until applicable part 265 
closure and post-closure responsibilities are fulfilled, and to those 
owners and operators of facilities in existence on November 19, 1980 who 
have failed to provide timely notification as required by section 
3010(a) of RCRA and/or failed to file Part A of the permit application 
as required by 40 CFR 270.10 (e) and (g). These standards apply to all 
treatment, storage and disposal of hazardous waste at these facilities 
after the effective date of these regulations, except as specifically 
provided otherwise in this part or part 261 of this chapter.

[Comment: As stated in section 3005(a) of RCRA, after the effective date 
of regulations under that section (i.e., parts 270 and 124 of this 
chapter), the treatment, storage and disposal of hazardous waste is 
prohibited except in accordance with a permit. Section 3005(e) of RCRA 
provides for the continued operation of an existing facility that meets 
certain conditions, until final administrative disposition of the 
owner's and operator's permit application is made.]

    (c) The requirements of this part do not apply to:
    (1) A person disposing of hazardous waste by means of ocean disposal 
subject to a permit issued under the Marine Protection, Research, and 
Sanctuaries Act;

[Comment: These part 265 regulations do apply to the treatment or 
storage of hazardous waste before it is loaded onto an ocean vessel for 
incineration or disposal at sea, as provided in paragraph (b) of this 
section.]

    (2) [Reserved]
    (3) The owner or operator of a POTW which treats, stores, or 
disposes of hazardous waste;

[Comment: The owner or operator of a facility under paragraphs (c)(1) 
through (3) of this section is subject to the requirements of part 264 
of this chapter to the extent they are included in a permit by rule 
granted to such a person under part 122 of this chapter, or are required 
by Sec. 144.14 of this chapter.]

    (4) A person who treats, stores, or disposes of hazardous waste in a 
State with a RCRA hazardous waste program authorized under subpart A or 
B of part 271 of this chapter, except that the requirements of this part 
will continue to apply:
    (i) If the authorized State RCRA program does not cover disposal of 
hazardous waste by means of underground injection; or
    (ii) To a person who treats, stores, or disposes of hazardous waste 
in a State authorized under subpart A or B of part 271 of this chapter 
if the State has not been authorized to carry out the requirements and 
prohibitions applicable to the treatment, storage, or disposal of 
hazardous waste at his facility which are imposed pursuant to the 
Hazardous and Solid Waste Act Amendments of 1984. The requirements and 
prohibitions that are applicable until a State receives authorization to 
carry them out include all Federal program requirements identified in 
Sec. 271.1(j);
    (5) The owner or operator of a facility permitted, licensed, or 
registered by a State to manage municipal or industrial solid waste, if 
the only hazardous waste the facility treats, stores, or disposes of is 
excluded from regulation under this part by Sec. 261.5 of this chapter;
    (6) The owner or operator of a facility managing recyclable 
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter 
(except to the extent they are referred to in part 279 or sub parts C, 
F, G, or H of part 266 of this chapter).
    (7) A generator accumulating waste on-site in compliance with Sec. 
262.34 of this chapter, except to the extent the requirements are 
included in Sec. 262.34 of this chapter;
    (8) A farmer disposing of waste pesticides from his own use in 
compliance with Sec. 262.70 of this chapter; or
    (9) The owner or operator of a totally enclosed treatment facility, 
as defined in Sec. 260.10.
    (10) The owner or operator of an elementary neutralization unit or a 
wastewater treatment unit as defined

[[Page 598]]

in Sec. 260.10 of this chapter, provided that if the owner or operator 
is diluting hazardous ignitable (D001) wastes (other than the D001 High 
TOC Subcategory defined in Sec. 268.40 of this chapter, Table Treatment 
Standards for Hazardous Wastes), or reactive (D003) waste, to remove the 
characteristic before land disposal, the owner/operator must comply with 
the requirements set out in Sec. 265.17(b).
    (11)(i) Except as provided in paragraph (c)(11)(ii) of this section, 
a person engaged in treatment or con tainment activities during 
immediate response to any of the following situations:
    (A) A discharge of a hazardous waste;
    (B) An imminent and substantial threat of a discharge of a hazardous 
waste;
    (C) A discharge of a material which, when discharged, becomes a 
hazardous waste.
    (D) An immediate threat to human health, public safety, property, or 
the environment, from the known or suspected presence of military 
munitions, 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) An owner or operator of a facility otherwise regulated by this 
part must comply with all applicable requirements of subparts C and D.
    (iii) Any person who is covered by paragraph (c)(11)(i) of this 
section and who continues or initiates hazardous waste treatment or 
containment activities after the immediate response is over is subject 
to all applicable requirements of this part and parts 122 through 124 of 
this chapter for those activities.
    (iv) In the case of an explosives or munitions emergency response, 
if a Federal, State, Tribal or local official acting within the scope of 
his or her official responsibilities, or an explosives or munitions 
emergency response specialist, determines that immediate removal of the 
material or waste is necessary to protect human health or the 
environment, that official or specialist may authorize the removal of 
the material or waste by transporters who do not have EPA identification 
numbers and without the preparation of a manifest. In the case of 
emergencies 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.
    (12) A transporter storing manifested shipments of hazardous waste 
in containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (13) The addition of absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) or the addition of waste to the 
absorbent material in a container provided that these actions occur at 
the time waste is first placed in the containers; and Sec. Sec. 
265.17(b), 265.171, and 265.172 are complied with.
    (14) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) handling the wastes listed below. These 
handlers are subject to regulation under 40 CFR part 273, when handling 
the below listed universal wastes.
    (i) Batteries as described in 40 CFR 273.2;
    (ii) Pesticides as described in Sec. 273.3 of this chapter;
    (iii) Mercury-containing equipment as described in Sec. 273.4 of 
this chapter; and
    (iv) Lamps as described in Sec. 273.5 of this chapter.
    (15) A New York State Utility central collection facility 
consolidating hazardous waste in accordance with 40 CFR 262.90.
    (d) The following hazardous wastes must not be managed at facilities 
subject to regulation under this part.
    (1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 
unless:
    (i) The wastewater treatment sludge is generated in a surface 
impoundment as part of the plant's wastewater treatment system;
    (ii) The waste is stored in tanks or containers;
    (iii) The waste is stored or treated in waste piles that meet the 
requirements of Sec. 264.250(c) as well as all other applicable 
requirements of subpart L of this part;

[[Page 599]]

    (iv) The waste is burned in incinerators that are certified pursuant 
to the standards and procedures in Sec. 265.352; or
    (v) The waste is burned in facilities that thermally treat the waste 
in a device other than an incinerator and that are certified pursuant to 
the standards and procedures in Sec. 265.383.
    (e) The requirements of this part apply to owners or operators of 
all facilities which treat, store or dispose of hazardous waste referred 
to in 40 CFR part 268, and the 40 CFR part 268 standards are considered 
material conditions or requirements of the part 265 interim status 
standards.
    (f) Section 266.205 of this chapter identifies when the requirements 
of this part apply to the storage of military munitions classified as 
solid waste under Sec. 266.202 of this chapter. 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.

[45 FR 33232, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
265.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 265.2-265.3  [Reserved]



Sec. 265.4  Imminent hazard action.

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



                  Subpart B_General Facility Standards



Sec. 265.10  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 265.11  Identification number.

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



Sec. 265.12  Required notices.

    (a)(1) The owner or operator of a facility that has arranged to 
receive hazardous waste from a foreign source must notify the Regional 
Administrator in writing at least four weeks in advance of the date the 
waste is expected to arrive at the facility. Notice of subsequent 
shipments of the same waste from the same foreign source is not 
required.
    (2) The owner or operator of a recovery facility that has arranged 
to receive hazardous waste subject to 40 CFR part 262, subpart H must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 and to the competent authorities of all other 
concerned countries within three working days of receipt of the 
shipment. The original of the signed tracking document must be 
maintained at the facility for at least three years.
    (b) Before transferring ownership or operation of a facility during 
its operating life, or of a disposal facility during the post-closure 
care period, the owner or operator must notify the new owner or operator 
in writing of the requirements of this part and part 270 of this 
chapter. (Also see Sec. 270.72 of this chapter.)

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

[45 FR 33232, May 19, 1980, as amended at 48 FR 14295, Apr. 1, 1983; 50 
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 71 FR 40274, July 
14, 2006]



Sec. 265.13  General waste analysis.

    (a)(1) Before an owner or operator treats, stores, or disposes of 
any hazardous wastes, or nonhazardous wastes if applicable under Sec. 
265.113(d), he must obtain a detailed chemical and physical analysis of 
a representative sample of the wastes. At a minimum, the analysis must 
contain all the information which must be known to treat, store, or 
dispose of the waste in accordance

[[Page 600]]

with this part and part 268 of this chapter.
    (2) The analysis may include data developed under part 261 of this 
chap ter, and existing published or doc u mented data on the hazardous 
waste or on waste generated from similar processes.

Comment: For example, the facility's records of analyses performed on 
the waste before the effective date of these regulations, or studies 
conducted on hazardous waste generated from processes similar to that 
which generated the waste to be managed at the facility, may be included 
in the data base required to comply with paragraph (a)(1) of this 
section. The owner or operator of an off-site facility may arrange for 
the generator of the hazardous waste to supply part of the information 
required by paragraph (a)(1) of this section, except as otherwise 
specified in 40 CFR 268.7 (b) and (c). If the generator does not supply 
the information, and the owner or operator chooses to accept a hazardous 
waste, the owner or operator is responsible for obtaining the 
information required to comply with this section.]

    (3) The analysis must be repeated as necessary to ensure that it is 
accurate and up to date. At a minimum, the analysis must be repeated:
    (i) When the owner or operator is notified, or has reason to 
believe, that the process or operation generating the hazardous wastes 
or non-hazardous wastes, if applicable, under Sec. 265.113(d) has 
changed; and
    (ii) For off-site facilities, when the results of the inspection 
required in paragraph (a)(4) of this section indicate that the hazardous 
waste received at the facility does not match the waste designated on 
the accompanying manifest or shipping paper.
    (4) The owner or operator of an off-site facility must inspect and, 
if necessary, analyze each hazardous waste movement received at the 
facility to determine whether it matches the identity of the waste 
specified on the accompanying manifest or shipping paper.
    (b) The owner or operator must develop and follow a written waste 
analysis plan which describes the procedures which he will carry out to 
comply with paragraph (a) of this section. He must keep this plan at the 
facility. At a minimum, the plan must specify:
    (1) The parameters for which each hazardous waste, or non-hazardous 
waste if applicable under Sec. 265.113(d), will be analyzed and the 
rationale for the selection of these parameters (i.e., how analysis for 
these parameters will provide sufficient information on the waste's 
properties to comply with paragraph (a) of this section);
    (2) The test methods which will be used to test for these 
parameters;
    (3) The sampling method which will be used to obtain a 
representative sample of the waste to be analyzed. A representative 
sample may be obtained using either:
    (i) One of the sampling methods described in appendix I of part 261 
of this chapter; or
    (ii) An equivalent sampling method.

[Comment: See Sec. 260.20(c) of this chapter for related discussion.]

    (4) The frequency with which the initial analysis of the waste will 
be reviewed or repeated to ensure that the analysis is accurate and up 
to date;
    (5) For off-site facilities, the waste analyses that hazardous waste 
generators have agreed to supply; and
    (6) Where applicable, the methods that will be used to meet the 
additional waste analysis requirements for specific waste management 
methods as specified in Sec. Sec. 265.200, 265.225, 265.252, 265.273, 
265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), 265.1084, 
and 268.7 of this chapter.
    (7) For surface impoundments exempted from land disposal 
restrictions under Sec. 268.4(a) of this chapter, the procedures and 
schedule for:
    (i) The sampling of impoundment contents;
    (ii) The analysis of test data; and,
    (iii) The annual removal of residues which are not delisted under 
Sec. 260.22 of this chapter or which exhibit a char acter istic of 
hazardous waste and either:
    (A) Do not meet applicable treatment standards of part 268, subpart 
D; or
    (B) Where no treatment standards have been established;
    (1) Such residues are prohibited from land disposal under Sec. 
268.32 or RCRA section 3004(d); or
    (2) Such residues are prohibited from land disposal under Sec. 
268.33(f).

[[Page 601]]

    (8) For owners and operators seeking an exemption to the air 
emission standards of Subpart CC of this part in accordance with Sec. 
265.1083--
    (i) If direct measurement is used for the waste determination, the 
procedures and schedules for waste sampling and analysis, and the 
results of the analysis of test data to verify the exemption.
    (ii) If knowledge of the waste is used for the waste determination, 
any information prepared by the facility owner or operator or by the 
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
    (c) For off-site facilities, the waste analysis plan required in 
paragraph (b) of this section must also specify the procedures which 
will be used to inspect and, if necessary, analyze each movement of 
hazardous waste received at the facility to ensure that it matches the 
identity of the waste designated on the accompanying manifest or 
shipping paper. At a minimum, the plan must describe:
    (1) The procedures which will be used to determine the identity of 
each movement of waste managed at the facility; and
    (2) The sampling method which will be used to obtain a 
representative sample of the waste to be identified, if the 
identification method includes sampling.
    (3) The procedures that the owner or operator of an off-site 
landfill receiving containerized hazardous waste will use to determine 
whether a hazardous waste generator or treater has added a biodegradable 
sorbent to the waste in the container.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 52 FR 25788, July 8, 
1987; 54 FR 33396, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 
25506, June 21, 1990; 56 FR 19290, Apr. 26, 1991; 57 FR 8088, Mar. 6, 
1992; 57 FR 54461, Nov. 18, 1992; 59 FR 62935, Dec. 6, 1994; 61 FR 4913, 
Feb. 9, 1996]



Sec. 265.14  Security.

    (a) The owner or operator must prevent the unknowing entry, and 
minimize the possibility for the unauthorized entry, of persons or 
livestock on to the active portion of his facility, unless:
    (1) Physical contact with the waste, structures, or equipment with 
the active portion of the facility will not injure unknowing or 
unauthorized persons or livestock which may enter the active portion of 
a facility, and
    (2) Disturbance of the waste or equipment, by the unknowing or 
unauthorized entry of persons or livestock onto the active portion of a 
facility, will not cause a violation of the requirements of this part.
    (b) Unless exempt under paragraphs (a)(1) and (2) of this section, a 
facility must have:
    (1) A 24-hour surveillance system (e.g., television monitoring or 
surveillance by guards or facility personnel) which continuously 
monitors and controls entry onto the active portion of the facility; or
    (2)(i) An artificial or natural barrier (e.g., a fence in good 
repair or a fence combined with a cliff), which completely surrounds the 
active portion of the facility; and
    (ii) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (e.g., an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).

[Comment: The requirements of paragraph (b) of this section are 
satisfied if the facility or plant within which the active portion is 
located itself has a surveillance system, or a barrier and a means to 
control entry, which complies with the requirements of paragraph (b)(1) 
or (2) of this section.]

    (c) Unless exempt under paragraphs (a)(1) and (a)(2) of this 
section, a sign with the legend, ``Danger--Unauthorized Personnel Keep 
Out,'' must be posted at each entrance to the active portion of a 
facility, and at other locations, in sufficient numbers to be seen from 
any approach to this active portion. The legend must be written in 
English and in any other language predominant in the area surrounding 
the facility (e.g., facilities in counties bordering the Canadian 
province of Quebec must post signs in French; facilities in counties 
bordering Mexico must post signs in Spanish), and must be legible from a 
distance of at least 25 feet. Existing signs with a legend other than

[[Page 602]]

``Danger--Unauthorized Personnel Keep Out'' may be used if the legend on 
the sign indicates that only authorized personnel are allowed to enter 
the active portion, and that entry onto the active portion can be 
dangerous.

[Comment: See Sec. 265.117(b) for discussion of security requirements 
at disposal facilities during the post-closure care period.]

[45 FR 33232, May 19, 1980, as amended at 71 FR 40274, July 14, 2006]



Sec. 265.15  General inspection requirements.

    (a) The owner or operator must inspect his facility for malfunctions 
and deterioration, operator errors, and discharges which may be 
causing--or may lead to: (1) Release of hazardous waste constituents to 
the environment or (2) a threat to human health. The owner or operator 
must conduct these in spec tions often enough to identify prob lems in 
time to correct them before they harm human health or the environment.
    (b)(1) The owner or operator must develop and follow a written 
schedule for inspecting all monitoring equip ment, safety and emergency 
equipment, security devices, and operating and structural equipment 
(such as dikes and sump pumps) that are import ant to preventing, 
detecting, or responding to environmental or human health hazards.
    (2) He must keep this schedule at the facility.
    (3) The schedule must identify the types of problems (e.g., 
malfunctions or deterioration) which are to be looked for during the 
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, 
etc.).
    (4) The frequency of inspection may vary for the items on the 
schedule. However, the frequency should be based on the rate of 
deterioration of the equipment and the probability of an environmental 
or human health incident if the deterioration, malfunction, or operator 
error goes undetected between inspections. Areas subject to spills, such 
as loading and unloading areas, must be inspected daily when in use, 
except for Performance Track member facilities, that must inspect at 
least once each month, upon approval by the Director, as described in 
paragraph (b)(5) of this section. At a minimum, the inspection schedule 
must include the items and frequencies called for in Sec. Sec. 265.174, 
265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 
265.403, 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 
265.1090, where applicable.
    (5) Performance Track member facilities that choose to reduce 
inspection frequencies must:
    (i) Submit an application to the Director. The application must 
identify the facility as a member of the National Environmental 
Performance Track Program and identify the management units for reduced 
inspections and the proposed frequency of inspections. Inspections must 
be conducted at least once each month.
    (ii) Within 60 days, the Director will notify the Performance Track 
member facility, in writing, if the application is approved, denied, or 
if an extension to the 60-day deadline is needed. This notice must be 
placed in the facility's operating record. The Performance Track member 
facility should consider the application approved if the Director does 
not: (1) Deny the application; or (2) notify the Performance Track 
member facility of an extension to the 60-day deadline. In these 
situations, the Performance Track member facility must adhere to the 
revised inspection schedule outlined in its application and maintain a 
copy of the application in the facility's operating record.
    (iii) Any Performance Track member facility that discontinues its 
membership or is terminated from the program must immediately notify the 
Director of its change in status. The facility must place in its 
operating record a dated copy of this notification and revert back to 
the non-Performance Track inspection frequencies within seven calendar 
days.
    (c) The owner or operator must remedy any deterioration or 
malfunction of equipment or structures which the inspection reveals on a 
schedule which ensures that the problem does not lead to an 
environmental or human health hazard. Where a hazard is imminent or has 
already occurred, remedial action must be taken immediately.
    (d) The owner or operator must record inspections in an inspection 
log

[[Page 603]]

or summary. He must keep these records for at least three years from the 
date of inspection. At a minimum, these records must include the date 
and time of the inspection, the name of the inspector, a notation of the 
observations made, and the date and nature of any repairs or other 
remedial actions.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 57 
FR 3491, Jan. 29, 1992; 59 FR 62935, Dec. 6, 1994; 62 FR 64661, Dec. 8, 
1997; 71 FR 16908, Apr. 4, 2006]



Sec. 265.16  Personnel training.

    (a)(1) Facility personnel must successfully complete a program of 
classroom instruction or on-the-job training that teaches them to 
perform their duties in a way that ensures the facility's compliance 
with the requirements of this part. The owner or operator must ensure 
that this program includes all the elements described in the document 
required under paragraph (d)(3) of this section.
    (2) This program must be directed by a person trained in hazardous 
waste management procedures, and must include instruction which teaches 
facility personnel hazardous waste man age ment procedures (including 
con tin gen cy plan implementation) rel e vant to the positions in which 
they are employed.
    (3) At a minimum, the training program must be designed to ensure 
that facility personnel are able to respond effectively to emergencies 
by familiarizing them with emergency procedures, emergency equipment, 
and emergency systems, including where applicable:
    (i) Procedures for using, inspecting, repairing, and replacing 
facility emergency and monitoring equipment;
    (ii) Key parameters for automatic waste feed cut-off systems;
    (iii) Communications or alarm systems;
    (iv) Response to fires or explosions;
    (v) Response to ground-water contamination incidents; and
    (vi) Shutdown of operations.
    (4) For facility employees that receive emergency response training 
pursuant to Occupational Safety and Health Administration (OSHA) 
regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the facility is not 
required to provide separate emergency response training pursuant to 
this section, provided that the overall facility training meets all the 
requirements of this section.
    (b) Facility personnel must successfully complete the program 
required in paragraph (a) of this section within six months after the 
effective date of these regulations or six months after the date of 
their employment or assignment to a facility, or to a new position at a 
facility, whichever is later. Employees hired after the effective date 
of these regulations must not work in unsupervised positions until they 
have completed the training requirements of paragraph (a) of this 
section.
    (c) Facility personnel must take part in an annual review of the 
initial training required in paragraph (a) of this section.
    (d) The owner or operator must maintain the following documents and 
records at the facility:
    (1) The job title for each position at the facility related to 
hazardous waste management, and the name of the employee filling each 
job;
    (2) A written job description for each position listed under 
paragraph (d)(1) of this Section. This description may be consistent in 
its degree of specificity with descriptions for other similar positions 
in the same company location or bargaining unit, but must include the 
requisite skill, education, or other qualifications, and duties of 
facility personnel assigned to each position;
    (3) A written description of the type and amount of both 
introductory and continuing training that will be given to each person 
filling a position listed under paragraph (d)(1) of this section;
    (4) Records that document that the training or job experience 
required under paragraphs (a), (b), and (c) of this section has been 
given to, and completed by, facility personnel.
    (e) Training records on current personnel must be kept until closure 
of the facility. Training records on former employees must be kept for 
at least three years from the date the employee last worked at the 
facility. Personnel

[[Page 604]]

training records may accompany personnel transferred within the same 
company.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 
FR 16908, Apr. 4, 2006; 71 FR 40274, July 14, 2006]



Sec. 265.17  General requirements for ignitable, reactive, or incompatible 

wastes.

    (a) The owner or operator must take precautions to prevent 
accidental ignition or reaction of ignitable or reactive waste. This 
waste must be separated and protected from sources of ignition or 
reaction including but not limited to: Open flames, smoking, cutting and 
welding, hot surfaces, frictional heat, sparks (static, electrical, or 
mechanical), spontaneous ignition (e.g., from heat-producing chemical 
reactions), and radiant heat. While ignitable or reactive waste is being 
handled, the owner or operator must confine smoking and open flame to 
specially designated locations. ``No Smoking'' signs must be 
conspicuously placed wherever there is a hazard from ignitable or 
reactive waste.
    (b) Where specifically required by other sections of this part, the 
treatment, storage, or disposal of ignitable or reactive waste, and the 
mixture or commingling of incompatible wastes, or incompatible wastes 
and materials, must be conducted so that it does not:
    (1) Generate extreme heat or pressure, fire or explosion, or violent 
reaction;
    (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health;
    (3) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;
    (4) Damage the structural integrity of the device or facility 
containing the waste; or
    (5) Through other like means threaten human health or the 
environment.



Sec. 265.18  Location standards.

    The placement of any hazardous waste in a salt dome, salt bed 
formation, underground mine or cave is prohibited, except for the 
Department of Energy Waste Isolation Pilot Project in New Mexico.

[50 FR 28749, July 15, 1985]



Sec. 265.19  Construction quality assurance program.

    (a) CQA program. (1) A construction quality assurance (CQA) program 
is required for all surface impoundment, waste pile, and landfill units 
that are required to comply with Sec. Sec. 265.221(a), 265.254, and 
265.301(a). The program must ensure that the constructed unit meets or 
exceeds all design criteria and specifications in the permit. The 
program must be developed and implemented under the direction of a CQA 
officer who is a registered professional engineer.
    (2) The CQA program must address the following physical components, 
where applicable:
    (i) Foundations;
    (ii) Dikes;
    (iii) Low-permeability soil liners;
    (iv) Geomembranes (flexible membrane liners);
    (v) Leachate collection and removal systems and leak detection 
systems; and
    (vi) Final cover systems.
    (b) Written CQA plan. Before construction begins on a unit subject 
to the CQA program under paragraph (a) of this section, the owner or 
operator must develop a written CQA plan. The plan must identify steps 
that will be used to monitor and document the quality of materials and 
the condition and manner of their installation. The CQA plan must 
include:
    (1) Identification of applicable units, and a description of how 
they will be constructed.
    (2) Identification of key personnel in the development and 
implementation of the CQA plan, and CQA officer qualifications.
    (3) A description of inspection and sampling activities for all unit 
components identified in paragraph (a)(2) of this section, including 
observations and tests that will be used before, during, and after 
construction to ensure that the construction materials and the installed 
unit components meet the design specifications. The description

[[Page 605]]

must cover: Sampling size and locations; frequency of testing; data 
evaluation procedures; acceptance and rejection criteria for 
construction materials; plans for implementing corrective measures; and 
data or other information to be recorded and retained in the operating 
record under Sec. 265.73.
    (c) Contents of program. (1) The CQA program must include 
observations, inspections, tests, and measurements sufficient to ensure:
    (i) Structural stability and integrity of all components of the unit 
identified in paragraph (a)(2) of this section;
    (ii) Proper construction of all components of the liners, leachate 
collection and removal system, leak detection system, and final cover 
system, according to permit specifications and good engineering 
practices, and proper installation of all components (e.g., pipes) 
according to design specifications;
    (iii) Conformity of all materials used with design and other 
material specifications under Sec. Sec. 264.221, 264.251, and 264.301 
of this chapter.
    (2) The CQA program shall include test fills for compacted soil 
liners, using the same compaction methods as in the full-scale unit, to 
ensure that the liners are constructed to meet the hydraulic 
conductivity requirements of Sec. Sec. 264.221(c)(1), 264.251(c)(1), 
and 264.301(c)(1) of this chapter in the field. Compliance with the 
hydraulic conductivity requirements must be verified by using in-situ 
testing on the constructed test fill. The test fill requirement is 
waived where data are sufficient to show that a constructed soil liner 
meets the hydraulic conductivity requirements of Sec. Sec. 
264.221(c)(1), 264.251(c)(1), and 264.301(c)(1) of this chapter in the 
field.
    (d) Certification. The owner or operator of units subject to Sec. 
265.19 must submit to the Regional Administrator by certified mail or 
hand delivery, at least 30 days prior to receiving waste, a 
certification signed by the CQA officer that the CQA plan has been 
successfully carried out and that the unit meets the requirements of 
Sec. Sec. 265.221(a), 265.254, or 265.301(a). The owner or operator may 
receive waste in the unit after 30 days from the Regional 
Administrator's receipt of the CQA certification unless the Regional 
Administrator determines in writing that the construction is not 
acceptable, or extends the review period for a maximum of 30 more days, 
or seeks additional information from the owner or operator during this 
period. Documentation supporting the CQA officer's certification must be 
furnished to the Regional Administrator upon request.

[57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40274, July 14, 2006]



                  Subpart C_Preparedness and Prevention



Sec. 265.30  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 265.31  Maintenance and operation of facility.

    Facilities must be maintained and operated to minimize the 
possibility of a fire, explosion, or any unplanned sudden or non-sudden 
release of hazardous waste or hazardous waste constituents to air, soil, 
or surface water which could threaten human health or the environment.



Sec. 265.32  Required equipment.

    All facilities must be equipped with the following, unless none of 
the hazards posed by waste handled at the facility could require a 
particular kind of equipment specified below:
    (a) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel;
    (b) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments, fire departments, or 
State or local emergency response teams;
    (c) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment, and decontamination equipment; 
and
    (d) Water at adequate volume and pressure to supply water hose 
streams,

[[Page 606]]

or foam producing equipment, or automatic sprinklers, or water spray 
systems.



Sec. 265.33  Testing and maintenance of equipment.

    All facility communications or alarm systems, fire protection 
equipment, spill control equipment, and decontamination equipment, where 
required, must be tested and maintained as necessary to assure its 
proper operation in time of emergency.



Sec. 265.34  Access to communications or alarm system.

    (a) Whenever hazardous waste is being poured, mixed, spread, or 
otherwise handled, all personnel involved in the operation must have 
immediate access to an internal alarm or emergency communication device, 
either directly or through visual or voice contact with another 
employee, unless such a device is not required under Sec. 265.32.
    (b) If there is ever just one employee on the premises while the 
facility is operating, he must have immediate access to a device, such 
as a telephone (immediately available at the scene of operation) or a 
hand-held two-way radio, capable of summoning external emergency 
assistance, unless such a device is not required under Sec. 265.32.



Sec. 265.35  Required aisle space.

    The owner or operator must maintain aisle space to allow the 
unobstructed movement of personnel, fire protection equipment, spill 
control equipment, and decontamination equipment to any area of facility 
operation in an emergency, unless aisle space is not needed for any of 
these purposes.



Sec. 265.36  [Reserved]



Sec. 265.37  Arrangements with local authorities.

    (a) The owner or operator must attempt to make the following 
arrangements, as appropriate for the type of waste handled at his 
facility and the potential need for the services of these organizations:
    (1) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
hazardous waste handled at the facility and associated hazards, places 
where facility personnel would normally be working, entrances to roads 
inside the facility, and possible evacuation routes;
    (2) Where more than one police and fire department might respond to 
an emergency, agreements designating primary emergency authority to a 
specific police and a specific fire department, and agreements with any 
others to provide support to the primary emergency authority;
    (3) Agreements with State emergency response teams, emergency 
response contractors, and equipment suppliers; and
    (4) Arrangements to familiarize local hospitals with the properties 
of hazardous waste handled at the facility and the types of injuries or 
illnesses which could result from fires, explosions, or releases at the 
facility.
    (b) Where State or local authorities decline to enter into such 
arrangements, the owner or operator must document the refusal in the 
operating record.



           Subpart D_Contingency Plan and Emergency Procedures



Sec. 265.50  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities, except as Sec. 265.1 provides otherwise.



Sec. 265.51  Purpose and implementation of contingency plan.

    (a) Each owner or operator must have a contingency plan for his 
facility. The contingency plan must be designed to minimize hazards to 
human health or the environment from fires, explosions, or any unplanned 
sudden or non-sudden release of hazardous waste or hazardous waste 
constituents to air, soil, or surface water.
    (b) The provisions of the plan must be carried out immediately 
whenever there is a fire, explosion, or release of hazardous waste or 
hazardous waste constituents which could threaten human health or the 
environment.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]

[[Page 607]]



Sec. 265.52  Content of contingency plan.

    (a) The contingency plan must describe the actions facility 
personnel must take to comply with Sec. Sec. 265.51 and 265.56 in 
response to fires, explosions, or any unplanned sudden or non-sudden 
release of hazardous waste or hazardous waste constituents to air, soil, 
or surface water at the facility.
    (b) If the owner or operator has already prepared a Spill 
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 
Part 112 of this chapter, or Part 1510 of chapter V, or some other 
emergency or contingency plan, he need only amend that plan to 
incorporate hazardous waste management provisions that are sufficient to 
comply with the requirements of this Part. The owner or operator may 
develop one contingency plan which meets all regulatory requirements. 
EPA recommends that the plan be based on the National Response Team's 
Integrated Contingency Plan Guidance (``One Plan''). When modifications 
are made to non-RCRA provisions in an integrated contingency plan, the 
changes do not trigger the need for a RCRA permit modification.
    (c) The plan must describe arrangements agreed to by local police 
departments, fire departments, hospitals, contractors, and State and 
local e mer gen cy response teams to coordinate emergency services, 
pursuant to Sec. 265.37.
    (d) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
Sec. 265.55), and this list must be kept up to date. Where more than 
one person is listed, one must be named as primary emergency coordinator 
and others must be listed in the order in which they will assume 
responsibility as alternates.
    (e) The plan must include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external), and 
decontamination equipment), where this equipment is required. This list 
must be kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list, and a brief outline 
of its capabilities.
    (f) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of hazardous waste or fires).

[45 FR 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 
FR 4514, Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006]



Sec. 265.53  Copies of contingency plan.

    A copy of the contingency plan and all revisions to the plan must 
be:
    (a) Maintained at the facility; and
    (b) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.54  Amendment of contingency plan.

    The contingency plan must be reviewed, and immediately amended, if 
necessary, whenever:
    (a) Applicable regulations are revised;
    (b) The plan fails in an emergency;
    (c) The facility changes--in its design, construction, operation, 
maintenance, or other circumstances--in a way that materially increases 
the potential for fires, explosions, or releases of hazardous waste or 
hazardous waste constituents, or changes the response necessary in an 
emergency;
    (d) The list of emergency coordinators changes; or
    (e) The list of emergency equipment changes.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.55  Emergency coordinator.

    At all times, there must be at least one employee either on the 
facility premises or on call (i.e., available to respond to an emergency 
by reaching the facility within a short period of time) with the 
responsibility for coordinating all emergency response measures. This 
emergency coordinator

[[Page 608]]

must be thoroughly familiar with all aspects of the facility's 
contingency plan, all operations and activities at the facility, the 
location and characteristics of waste handled, the location of all 
records within the facility, and the facility layout. In addition, this 
person must have the authority to commit the resources needed to carry 
out the contingency plan.

[Comment: The emergency coordinator's responsibilities are more fully 
spelled out in Sec. 265.56. Applicable responsibilities for the 
emergency coordinator vary, depending on factors such as type and 
variety of waste(s) handled by the facility, and type and complexity of 
the facility.]



Sec. 265.56  Emergency procedures.

    (a) Whenever there is an imminent or actual emergency situation, the 
emergency coordinator (or his designee when the emergency coordinator is 
on call) must immediately:
    (1) Activate internal facility alarms or communication systems, 
where applicable, to notify all facility personnel; and
    (2) Notify appropriate State or local agencies with designated 
response roles if their help is needed.
    (b) Whenever there is a release, fire, or explosion, the emergency 
coordinator must immediately identify the character, exact source, 
amount, and areal extent of any released materials. He may do this by 
observation or review of facility records or manifests and, if 
necessary, by chemical analysis.
    (c) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-offs from 
water or chemical agents used to control fire and heat-induced 
explosions).
    (d) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (1) If his assessment indicates that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (2) He must immediately notify either the government official 
designated as the on-scene coordinator for that geographical area (in 
the applicable regional contingency plan under part 1510 of this title), 
or the National Response Center (using their 24-hour toll free number 
800/424-8802). The report must include:
    (i) Name and telephone number of reporter;
    (ii) Name and address of facility;
    (iii) Time and type of incident (e.g., release, fire);
    (iv) Name and quantity of material(s) involved, to the extent known;
    (v) The extent of injuries, if any; and
    (vi) The possible hazards to human health, or the environment, 
outside the facility.
    (e) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other hazardous waste at the 
facility. These measures must include, where ap pli ca ble, stopping 
processes and operations, collecting and containing released waste, and 
removing or isolating containers.
    (f) If the facility stops operations in response to a fire, 
explosion or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (g) Immediately after an emergency, the emergency coordinator must 
provide for treating, storing, or disposing of recovered waste, 
contaminated soil or surface water, or any other material that results 
from a release, fire, or explosion at the facility.

[Comment: Unless the owner or operator can demonstrate, in accordance 
with Sec. 261.3(c) or (d) of this chapter, that the recovered material 
is not a hazardous waste, the owner or operator becomes a generator of 
hazardous waste and must manage it in accordance with all applicable 
requirements of parts 262, 263, and 265 of this chapter.]


[[Page 609]]


    (h) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (1) No waste that may be incompatible with the released material is 
treated, stored, or disposed of until cleanup procedures are completed; 
and
    (2) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.
    (i) The owner or operator must note in the operating record the 
time, date, and details of any incident that requires implementing the 
contingency plan. Within 15 days after the incident, he must submit a 
written report on the incident to the Regional Administrator. The report 
must include:
    (1) Name, address, and telephone number of the owner or operator;
    (2) Name, address, and telephone number of the facility;
    (3) Date, time, and type of incident (e.g., fire, explosion);
    (4) Name and quantity of material(s) involved;
    (5) The extent of injuries, if any;
    (6) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable; and
    (7) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 
FR 16908, Apr. 4, 2006; 71 FR 40274, July 14, 2006]



         Subpart E_Manifest System, Recordkeeping, and Reporting



Sec. 265.70  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
both on-site and off-site facilities, except as Sec. 265.1 provides 
otherwise. Sections 265.71, 265.72, and 265.76 do not apply to owners 
and operators of on-site facilities that do not receive any hazardous 
waste from off-site sources, nor to owners and operators of off-site 
facilities with respect to waste military munitions exempted from 
manifest requirements under 40 CFR 266.203(a).
    (b) The revised Manifest form and procedures in 40 CFR 260.10, 
261.7, 265.70, 265.71. 265.72, and 265.76, shall not apply until 
September 5, 2006. The Manifest form and procedures in 40 CFR 260.10, 
261.7, 265.70, 265.71. 265.72, and 265.76, contained in the 40 CFR, 
parts 260 to 265, edition revised as of July 1, 2004, shall be 
applicable until September 5, 2006.

[70 FR 10823, Mar. 4, 2005]



Sec. 265.71  Use of manifest system.

    (a)(1) If a facility receives hazardous waste accompanied by a 
manifest, the owner, operator or his/her agent must sign and date the 
manifest as indicated in paragraph (a)(2) of this section to certify 
that the hazardous waste covered by the manifest was received, that the 
hazardous waste was received except as noted in the discrepancy space of 
the manifest, or that the hazardous waste was rejected as noted in the 
manifest discrepancy space.
    (2) If a facility receives a hazardous waste shipment accompanied by 
a manifest, the owner, operator or his/her agent must:
    (i) Sign and date, by hand, each copy of the manifest;
    (ii) Note any discrepancies (as defined in Sec. 265.72(a)) on each 
copy of the manifest;
    (iii) Immediately give the transporter at least one copy of the 
manifest;
    (iv) Within 30 days of delivery, send a copy of the manifest to the 
generator; and
    (v) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery.
    (3) If a facility receives hazardous waste imported from a foreign 
source, the receiving facility must mail a copy of the manifest to the 
following address within 30 days of delivery: International Compliance 
Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection 
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460.
    (b) If a facility receives, from a rail or water (bulk shipment) 
transporter, hazardous waste which is accompanied by a shipping paper 
containing all the information required on the manifest (excluding the 
EPA identification numbers, generator's certification, and signatures), 
the owner or operator, or his agent, must:

[[Page 610]]

    (1) Sign and date each copy of the manifest or shipping paper (if 
the manifest has not been received) to certify that the hazardous waste 
covered by the manifest or shipping paper was received;
    (2) Note any significant discrepancies (as defined in Sec. 
265.72(a)) in the manifest or shipping paper (if the manifest has not 
been received) on each copy of the manifest or shipping paper;

[Comment: The Agency does not intend that the owner or operator of a 
facility whose procedures under Sec. 265.13(c) include waste analysis 
must perform that analysis before signing the shipping paper and giving 
it to the transporter. Section 265.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.]

    (3) Immediately give the rail or water (bulk shipment) transporter 
at least one copy of the manifest or shipping paper (if the manifest has 
not been received);
    (4) Within 30 days after the delivery, send a copy of the signed and 
dated manifest or a signed and dated copy of the shipping paper (if the 
manifest has not been received within 30 days after delivery) to the 
generator; and

[Comment: Section 262.23(c) of this chapter requires the generator to 
send three copies of the manifest to the facility when haz ard ous waste 
is sent by rail or water (bulk shipment).]

    (5) Retain at the facility a copy of the manifest and shipping paper 
(if signed in lieu of the manifest at the time of delivery) for at least 
three years from the date of delivery.
    (c) Whenever a shipment of hazardous waste is initiated from a 
facility, the owner or operator of that facility must comply with the 
requirements of part 262 of this chapter.

[Comment: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.34 only apply to owners or operators who are 
shipping hazardous waste which they generated at that facility.]

    (d) Within three working days of the receipt of a shipment subject 
to 40 CFR part 262, subpart H, the owner or operator of facility must 
provide a copy of the tracking document bearing all required signatures 
to the notifier, to the Office of Enforcement and Compliance Assurance, 
Office of Compliance, Enforcement Planning, Targeting and Data Division 
(2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and to competent authorities of all other 
concerned countries. The original copy of the tracking document must be 
maintained at the facility for at least three years from the date of 
signature.
    (e) A facility must determine whether the consignment state for a 
shipment regulates any additional wastes (beyond those regulated 
Federally) as hazardous wastes under its state hazardous waste program. 
Facilities must also determine whether the consignment state or 
generator state requires the facility to submit any copies of the 
manifest to these states.

[45 FR 33232, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31, 
1980; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 70 FR 
10823, Mar. 4, 2005]



Sec. 265.72  Manifest discrepancies.

    (a) Manifest discrepancies are:
    (1) Significant differences (as defined by paragraph (b) of this 
section) between the quantity or type of hazardous waste designated on 
the manifest or shipping paper, and the quantity and type of hazardous 
waste a facility actually receives;
    (2) Rejected wastes, which may be a full or partial shipment of 
hazardous waste that the TSDF cannot accept; or
    (3) Container residues, which are residues that exceed the quantity 
limits for ``empty'' containers set forth in 40 CFR 261.7(b).
    (b) Significant differences in quantity are: For bulk waste, 
variations greater than 10 percent in weight; for batch waste, any 
variation in piece count, such as a discrepancy of one drum in a 
truckload. Significant differences in type are obvious differences which 
can be discovered by inspection or waste analysis, such as waste solvent 
substituted for waste acid, or toxic constituents not reported on the 
manifest or shipping paper.
    (c) Upon discovering a significant difference in quantity or type, 
the owner or operator must attempt to reconcile

[[Page 611]]

the discrepancy with the waste generator or transporter (e.g., with 
telephone conversations). If the discrepancy is not resolved within 15 
days after receiving the waste, the owner or operator must immediately 
submit to the Regional Administrator a letter describing the discrepancy 
and attempts to reconcile it, and a copy of the manifest or shipping 
paper at issue.
    (d)(1) Upon rejecting waste or identifying a container residue that 
exceeds the quantity limits for ``empty'' containers set forth in 40 CFR 
261.7(b), the facility must consult with the generator prior to 
forwarding the waste to another facility that can manage the waste. If 
it is impossible to locate an alternative facility that can receive the 
waste, the facility may return the rejected waste or residue to the 
generator. The facility must send the waste to the alternative facility 
or to the generator within 60 days of the rejection or the container 
residue identification.
    (2) While the facility is making arrangements for forwarding 
rejected wastes or residues to another facility under this section, it 
must ensure that either the delivering transporter retains custody of 
the waste, or the facility must provide for secure, temporary custody of 
the waste, pending delivery of the waste to the first transporter 
designated on the manifest prepared under paragraph (e) or (f) of this 
section.
    (e) Except as provided in paragraph (e)(7) of this section, for full 
or partial load rejections and residues that are to be sent off-site to 
an alternate facility, the facility is required to prepare a new 
manifest in accordance with Sec. 262.20(a) of this chapter and the 
following instructions:
    (1) Write the generator's U.S. EPA ID number in Item 1 of the new 
manifest. Write the generator's name and mailing address in Item 5 of 
the new manifest. If the mailing address is different from the 
generator's site address, then write the generator's site address in the 
designated space in Item 5.
    (2) Write the name of the alternate designated facility and the 
facility's U.S. EPA ID number in the designated facility block (Item 8) 
of the new manifest.
    (3) Copy the manifest tracking number found in Item 4 of the old 
manifest to the Special Handling and Additional Information Block of the 
new manifest, and indicate that the shipment is a residue or rejected 
waste from the previous shipment.
    (4) Copy the manifest tracking number found in Item 4 of the new 
manifest to the manifest reference number line in the Discrepancy Block 
of the old manifest (Item 18a).
    (5) Write the DOT description for the rejected load or the residue 
in Item 9 (U.S. DOT Description) of the new manifest and write the 
container types, quantity, and volume(s) of waste.
    (6) Sign the Generator's/Offeror's Certification to certify, as the 
offeror of the shipment, that the waste has been properly packaged, 
marked and labeled and is in proper condition for transportation.
    (7) For full load rejections that are made while the transporter 
remains present at the facility, the facility may forward the rejected 
shipment to the alternate facility by completing Item 18b of the 
original manifest and supplying the information on the next destination 
facility in the Alternate Facility space. The facility must retain a 
copy of this manifest for its records, and then give the remaining 
copies of the manifest to the transporter to accompany the shipment. If 
the original manifest is not used, then the facility must use a new 
manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) 
of this section.
    (f) Except as provided in paragraph (f)(7) of this section, for 
rejected wastes and residues that must be sent back to the generator, 
the facility is required to prepare a new manifest in accordance with 
Sec. 262.20(a) of this chapter and the following instructions:
    (1) Write the facility's U.S. EPA ID number in Item 1 of the new 
manifest. Write the generator's name and mailing address in Item 5 of 
the new manifest. If the mailing address is different from the 
generator's site address, then write the generator's site address in the 
designated space for Item 5.
    (2) Write the name of the initial generator and the generator's U.S. 
EPA ID number in the designated facility block (Item 8) of the new 
manifest.

[[Page 612]]

    (3) Copy the manifest tracking number found in Item 4 of the old 
manifest to the Special Handling and Additional Information Block of the 
new manifest, and indicate that the shipment is a residue or rejected 
waste from the previous shipment,
    (4) Copy the manifest tracking number found in Item 4 of the new 
manifest to the manifest reference number line in the Discrepancy Block 
of the old manifest (Item 18a),
    (5) Write the DOT description for the rejected load or the residue 
in Item 9 (U.S. DOT Description) of the new manifest and write the 
container types, quantity, and volume(s) of waste.
    (6) Sign the Generator's/Offeror's Certification to certify, as 
offeror of the shipment, that the waste has been properly packaged, 
marked and labeled and is in proper condition for transportation,
    (7) For full load rejections that are made while the transporter 
remains at the facility, the facility may return the shipment to the 
generator with the original manifest by completing Item 18b of the 
manifest and supplying the generator's information in the Alternate 
Facility space. The facility must retain a copy for its records and then 
give the remaining copies of the manifest to the transporter to 
accompany the shipment. If the original manifest is not used, then the 
facility must use a new manifest and comply with paragraphs (f)(1), (2), 
(3), (4), (5), and (6) of this section.
    (g) If a facility rejects a waste or identifies a container residue 
that exceeds the quantity limits for ``empty'' containers set forth in 
40 CFR 261.7(b) after it has signed, dated, and returned a copy of the 
manifest to the delivering transporter or to the generator, the facility 
must amend its copy of the manifest to indicate the rejected wastes or 
residues in the discrepancy space of the amended manifest. The facility 
must also copy the manifest tracking number from Item 4 of the new 
manifest to the discrepancy space of the amended manifest, and must re-
sign and date the manifest to certify to the information as amended. The 
facility must retain the amended manifest for at least three years from 
the date of amendment, and must within 30 days, send a copy of the 
amended manifest to the transporter and generator that received copies 
prior to their being amended.

[70 FR 10823, Mar. 4, 2005, as amended at 70 FR 35041, June 16, 2005]



Sec. 265.73  Operating record.

    (a) The owner or operator must keep a written operating record at 
his facility.
    (b) The following information must be recorded, as it becomes 
available, and maintained in the operating record for three years unless 
noted below:
    (1) A description and the quantity of each hazardous waste received, 
and the method(s) and date(s) of its treatment, storage, or disposal at 
the facility as required by Appendix I to part 265. This information 
must be maintained in the operating record until closure of the 
facility;
    (2) The location of each hazardous waste within the facility and the 
quantity at each location. For disposal facilities, the location and 
quantity of each hazardous waste must be recorded on a map or diagram of 
each cell or disposal area. For all facilities, this information must 
include cross-references to manifest document numbers if the waste was 
accompanied by a manifest. This information must be maintained in the 
operating record until closure of the facility;

[Comment: See Sec. Sec. 265.119, 265.279, and 265.309 for related 
requirements.]

    (3) Records and results of waste analysis, waste determinations, and 
trial tests performed as specified in Sec. Sec. 265.13, 265.200, 
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034, 
265.1063, 265.1084, 268.4(a), and 268.7 of this chapter.
    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec. 265.56(j);
    (5) Records and results of inspections as required by Sec. 
265.15(d) (except these data need be kept only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and by Sec. Sec. 265.19, 
265.94, 265.191, 265.193, 265.195, 265.224, 265.226, 265.255, 265.260, 
265.276, 265.278, 265.280(d)(1), 265.302, 265.304,

[[Page 613]]

265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) 
through 265. 265.1063(i), 265.1064, and 265.1083 through 265.1090. 
Maintain in the operating record for three years, except for records and 
results pertaining to ground-water monitoring and cleanup, and response 
action plans for surface impoundments, waste piles, and landfills, which 
must be maintained in the operating record until closure of the 
facility.

[Comment: As required by Sec. 265.94, monitoring data at disposal 
facilities must be kept throughout the post-closure period.]

    (7) All closure cost estimates under Sec. 265.142 and, for disposal 
facilities, all post-closure cost estimates under Sec. 265.144 must be 
maintained in the operating record until closure of the facility.
    (8) Records of the quantities (and date of placement) for each 
shipment of hazardous waste placed in land disposal units under an 
extension to the effective date of any land disposal restriction granted 
pursuant to Sec. 268.5 of this chapter, monitoring data required 
pursuant to a petition under Sec. 268.6 of this chapter, or a 
certification under Sec. 268.8 of this chapter, and the applicable 
notice required by a generator under Sec. 268.7(a) of this chapter. All 
of this information must be maintained in the operating record until 
closure of the facility.
    (9) For an off-site treatment facility, a copy of the notice, and 
the certification and demonstration if applicable, required by the 
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
    (10) For an on-site treatment facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator under Sec. 268.7 or Sec. 268.8;
    (11) For an off-site land disposal facility, a copy of the notice, 
and the certification and demonstration if applicable, required by the 
generator or the owner or operator of a treatment facility under Sec. 
268.7 or Sec. 268.8;
    (12) For an on-site land disposal facility, the information 
contained in the notice (except the manifest number), and the 
certification and demonstration if applicable, required by the generator 
or the owner or operator of a treatment facility under Sec. 268.7 or 
Sec. 268.8.
    (13) For an off-site storage facility, a copy of the notice, and the 
certification and demonstration if applicable, required by the generator 
or the owner or operator under Sec. 268.7 or Sec. 268.8; and
    (14) For an on-site storage facility, the information contained in 
the notice (except the manifest number), and the certification and 
demonstration if applicable, required by the generator or the owner or 
operator of a treatment facility under Sec. 268.7 or Sec. 268.8.
    (15) Monitoring, testing or analytical data, and corrective action 
where required by Sec. Sec. 265.90, 265.93(d)(2), and 265.93(d)(5), and 
the certification as required by Sec. 265.196(f) must be maintained in 
the operating record until closure of the facility.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, Aug. 
17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 
19290, Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, 
1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006]



Sec. 265.74  Availability, retention, and disposition of records.

    (a) All records, including plans, required under this part must be 
furnished upon request, and made available at all reasonable times for 
inspection, by any officer, employee, or representative of EPA who is 
duly designated by the Administrator.
    (b) The retention period for all records required under this part is 
extended automatically during the course of any unresolved enforcement 
action regarding the facility or as requested by the Administrator.
    (c) A copy of records of waste disposal locations and quantities 
under Sec. 265.73(b)(2) must be submitted to the Regional Administrator 
and local land authority upon closure of the facility (see Sec. 
265.119).

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.75  Biennial report.

    The owner or operator must prepare and submit a single copy of a 
biennial report to the Regional Administrator

[[Page 614]]

by March 1 of each even numbered year. The biennial report must be 
submitted on EPA Form 8700-13B. The report must cover facility 
activities during the previous calendar year and must include the 
following information:
    (a) The EPA identification number, name, and address of the 
facility;
    (b) The calendar year covered by the report;
    (c) For off-site facilities, the EPA identification number of each 
hazardous waste generator from which the facility received a hazardous 
waste during the year; for imported shipments, the report must give the 
name and address of the foreign generator;
    (d) A description and the quantity of each hazardous waste the 
facility received during the year. For off-site facilities, this 
information must be listed by EPA identification number of each 
generator;
    (e) The method of treatment, storage, or disposal for each hazardous 
waste;
    (f) Monitoring data under Sec. 265.94(a)(2)(ii) and (iii), and 
(b)(2), where required;
    (g) The most recent closure cost estimate under Sec. 265.142, and, 
for disposal facilities, the most recent post-closure cost estimate 
under Sec. 265.144; and
    (h) For generators who treat, store, or dispose of hazardous waste 
on-site, a description of the efforts undertaken during the year to 
reduce the volume and toxicity of waste generated.
    (i) For generators who treat, store, or dispose of hazardous waste 
on-site, a description of the changes in volume and toxicity of waste 
actually a chiev ed during the year in comparison to previous years to 
the extent such in for ma tion is available for the years prior to 1984.
    (j) The certification signed by the owner or operator of the 
facility or his authorized representative.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8, 1986]



Sec. 265.76  Unmanifested waste report.

    (a) If a facility accepts for treatment, storage, or disposal any 
hazardous waste from an off-site source without an accompanying 
manifest, or without an accompanying shipping paper as described by 
Sec. 263.20(e) of this chapter, and if the waste is not excluded from 
the manifest requirement by this chapter, then the owner or operator 
must prepare and submit a letter to the Regional Administrator within 
fifteen days after receiving the waste. The unmanifested waste report 
must contain the following information:
    (1) The EPA identification number, name and address of the facility;
    (2) The date the facility received the waste;
    (3) The EPA identification number, name and address of the generator 
and the transporter, if available;
    (4) A description and the quantity of each unmanifested hazardous 
waste the facility received;
    (5) The method of treatment, storage, or disposal for each hazardous 
waste;
    (6) The certification signed by the owner or operator of the 
facility or his authorized representative; and
    (7) A brief explanation of why the waste was unmanifested, if known.
    (b) [Reserved]

[70 FR 10824, Mar. 4, 2005]



Sec. 265.77  Additional reports.

    In addition to submitting the biennial report and unmanifested waste 
reports described in Sec. Sec. 265.75 and 265.76, the owner or operator 
must also report to the Regional Administrator:
    (a) Releases, fires, and explosions as specified in Sec. 265.56(j);
    (b) Ground-water contamination and monitoring data as specified in 
Sec. Sec. 265.93 and 265.94; and
    (c) Facility closure as specified in Sec. 265.115.
    (d) As otherwise required by Subparts AA, BB, and CC of this part.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 55 
FR 25507, June 21, 1990; 59 FR 62935, Dec. 6, 1994]



                    Subpart F_Ground-Water Monitoring



Sec. 265.90  Applicability.

    (a) Within one year after the effective date of these regulations, 
the owner or operator of a surface impoundment, landfill, or land 
treatment facility which is used to manage hazardous waste must 
implement a

[[Page 615]]

ground-water monitoring program capable of determining the facility's 
impact on the quality of ground water in the uppermost aquifer 
underlying the facility, except as Sec. 265.1 and paragraph (c) of this 
section provide otherwise.
    (b) Except as paragraphs (c) and (d) of this section provide 
otherwise, the owner or operator must install, operate, and maintain a 
ground-water monitoring system which meets the requirements of Sec. 
265.91, and must comply with Sec. Sec. 265.92 through 265.94. This 
ground-water monitoring program must be carried out during the active 
life of the facility, and for disposal facilities, during the post-
closure care period as well.
    (c) All or part of the ground-water monitoring requirements of this 
subpart may be waived if the owner or operator can demonstrate that 
there is a low potential for migration of hazardous waste or hazardous 
waste constituents from the facility via the uppermost aquifer to water 
supply wells (domestic, industrial, or agricultural) or to surface 
water. This demonstration must be in writing, and must be kept at the 
facility. This demonstration must be certified by a qualified geologist 
or geotechnical engineer and must establish the following:
    (1) The potential for migration of hazardous waste or hazardous 
waste constituents from the facility to the uppermost aquifer, by an 
evaluation of:
    (i) A water balance of precipitation, evapotranspiration, runoff, 
and infiltration; and
    (ii) Unsaturated zone characteristics (i.e., geologic materials, 
physical properties, and depth to ground water); and
    (2) The potential for hazardous waste or hazardous waste 
constituents which enter the uppermost aquifer to migrate to a water 
supply well or surface water, by an evaluation of:
    (i) Saturated zone characteristics (i.e., geologic materials, 
physical properties, and rate of ground-water flow); and
    (ii) The proximity of the facility to water supply wells or surface 
water.
    (d) If an owner or operator assumes (or knows) that ground-water 
monitoring of indicator parameters in accordance with Sec. Sec. 265.91 
and 265.92 would show statistically significant increases (or decreases 
in the case of pH) when evaluated under Sec. 265.93(b), he may install, 
operate, and maintain an alternate ground-water monitoring system (other 
than the one described in Sec. Sec. 265.91 and 265.92). If the owner or 
operator decides to use an alternate ground-water monitoring system he 
must:
    (1) Within one year after the effective date of these regulations, 
develop a specific plan, certified by a qualified geologist or 
geotechnical engineer, which satisfies the requirements of Sec. 
265.93(d)(3), for an alternate ground-water monitoring system. This plan 
is to be placed in the facility's operating record and maintained until 
closure of the facility.
    (2) Not later than one year after the effective date of these 
regulations, initiate the determinations specified in Sec. 
265.93(d)(4);
    (3) Prepare a report in accordance with Sec. 265.93(d)(5) and place 
it in the facility's operating record and maintain until closure of the 
facility.
    (4) Continue to make the determinations specified in Sec. 
265.93(d)(4) on a quarterly basis until final closure of the facility; 
and
    (5) Comply with the recordkeeping and reporting requirements in 
Sec. 265.94(b).
    (e) The ground-water monitoring requirements of this subpart may be 
waived with respect to any surface impoundment that (1) Is used to 
neutralize wastes which are hazardous solely because they exhibit the 
corrosivity characteristic under Sec. 261.22 of this chapter or are 
listed as hazardous wastes in subpart D of part 261 of this chapter only 
for this reason, and (2) contains no other hazardous wastes, if the 
owner or operator can demonstrate that there is no potential for 
migration of hazardous wastes from the impoundment. The demonstration 
must establish, based upon consideration of the characteristics of the 
wastes and the impoundment, that the corrosive wastes will be 
neutralized to the extent that they no longer meet the corrosivity 
characteristic before they can migrate out of the impoundment. The 
demonstration must be in writing and must be certified by a qualified 
professional.

[[Page 616]]

    (f) The Regional Administrator may replace all or part of the 
requirements of this subpart applying to a regulated unit (as defined in 
40 CFR 264.90), with alternative requirements developed for groundwater 
monitoring set out in an approved closure or post-closure plan or in an 
enforceable document (as defined in 40 CFR 270.1(c)(7)), where the 
Regional Administrator determines that:
    (1) A regulated unit is situated among solid waste management units 
(or areas of concern), a release has occurred, and both the regulated 
unit and one or more solid waste management unit(s) (or areas of 
concern) are likely to have contributed to the release; and
    (2) It is not necessary to apply the requirements of this subpart 
because the alternative requirements will protect human health and the 
environment. The alternative standards for the regulated unit must meet 
the requirements of 40 CFR 264.101(a).

[45 FR 33232, May 19, 1980, as amended at 47 FR 1255, Jan. 11, 1982; 50 
FR 4514, Jan. 31, 1985; 63 FR 56734, Oct. 22, 1998; 71 FR 16909, Apr. 4, 
2006; 71 FR 40274, July 14, 2006]



Sec. 265.91  Ground-water monitoring system.

    (a) A ground-water monitoring system must be capable of yielding 
ground-water samples for analysis and must consist of:
    (1) Monitoring wells (at least one) installed hydraulically 
upgradient (i.e., in the direction of increasing static head) from the 
limit of the waste management area. Their number, locations, and depths 
must be sufficient to yield ground-water samples that are:
    (i) Representative of background ground-water quality in the 
uppermost aquifer near the facility; and
    (ii) Not affected by the facility; and
    (2) Monitoring wells (at least three) installed hydraulically 
downgradient (i.e., in the direction of decreasing static head) at the 
limit of the waste management area. Their number, locations, and depths 
must ensure that they immediately detect any statistically significant 
amounts of hazardous waste or hazardous waste constituents that migrate 
from the waste management area to the uppermost aquifer.
    (3) The facility owner or operator may demonstrate that an alternate 
hydraulically downgradient monitoring well location will meet the 
criteria outlined below. The demonstration must be in writing and kept 
at the facility. The demonstration must be certified by a qualified 
ground-water scientist and establish that:
    (i) An existing physical obstacle prevents monitoring well 
installation at the hydraulically downgradient limit of the waste 
management area; and
    (ii) The selected alternate downgradient location is as close to the 
limit of the waste management area as practical; and
    (iii) The location ensures detection that, given the alternate 
location, is as early as possible of any statistically significant 
amounts of hazardous waste or hazardous waste constituents that migrate 
from the waste management area to the uppermost aquifer.
    (iv) Lateral expansion, new, or replacement units are not eligible 
for an alternate downgradient location under this paragraph.
    (b) Separate monitoring systems for each waste management component 
of a facility are not required provided that provisions for sampling 
upgradient and downgradient water quality will detect any discharge from 
the waste management area.
    (1) In the case of a facility consisting of only one surface 
impoundment, landfill, or land treatment area, the waste management area 
is described by the waste boundary (perimeter).
    (2) In the case of a facility consisting of more than one surface 
impoundment, landfill, or land treatment area, the waste management area 
is described by an imaginary boundary line which circumscribes the 
several waste management components.
    (c) All monitoring wells must be cased in a manner that maintains 
the integrity of the monitoring well bore hole. This casing must be 
screened or perforated, and packed with gravel or sand where necessary, 
to enable sample collection at depths where appropriate aquifer flow 
zones exist. The annular space (i.e., the space between the bore hole 
and well casing) above the sampling depth must be sealed with a suitable 
material (e.g., cement grout or

[[Page 617]]

bentonite slurry) to prevent contamination of samples and the ground 
water.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 56 
FR 66369, Dec. 23, 1991]



Sec. 265.92  Sampling and analysis.

    (a) The owner or operator must obtain and analyze samples from the 
installed ground-water monitoring system. The owner or operator must 
develop and follow a ground-water sampling and analysis plan. He must 
keep this plan at the facility. The plan must include procedures and 
techniques for:
    (1) Sample collection;
    (2) Sample preservation and shipment;
    (3) Analytical procedures; and
    (4) Chain of custody control.

[Comment: See ``Procedures Manual For Ground-water Monitoring At Solid 
Waste Disposal Facilities,'' EPA-530/SW-611, August 1977 and ``Methods 
for Chemical Analysis of Water and Wastes,'' EPA-600/4-79-020, March 
1979 for discussions of sampling and analysis procedures.]

    (b) The owner or operator must determine the concentration or value 
of the following parameters in ground-water samples in accordance with 
paragraphs (c) and (d) of this section:
    (1) Parameters characterizing the suitability of the ground water as 
a drinking water supply, as specified in appendix III.
    (2) Parameters establishing ground-water quality:
    (i) Chloride
    (ii) Iron
    (iii) Manganese
    (iv) Phenols
    (v) Sodium
    (vi) Sulfate

[Comment: These parameters are to be used as a basis for comparison in 
the event a ground-water quality assessment is required under Sec. 
265.93(d).]

    (3) Parameters used as indicators of ground-water contamination:
    (i) pH
    (ii) Specific Conductance
    (iii) Total Organic Carbon
    (iv) Total Organic Halogen
    (c)(1) For all monitoring wells, the owner or operator must 
establish initial background concentrations or values of all parameters 
specified in paragraph (b) of this section. He must do this quarterly 
for one year.
    (2) For each of the indicator parameters specified in paragraph 
(b)(3) of this section, at least four replicate measurements must be 
obtained for each sample and the initial background arithmetic mean and 
variance must be determined by pooling the replicate measurements for 
the respective parameter concentrations or values in samples obtained 
from upgradient wells during the first year.
    (d) After the first year, all monitoring wells must be sampled and 
the samples analyzed with the following frequencies:
    (1) Samples collected to establish ground-water quality must be 
obtained and analyzed for the parameters specified in paragraph (b)(2) 
of this section at least annually.
    (2) Samples collected to indicate ground-water contamination must be 
obtained and analyzed for the parameters specified in paragraph (b)(3) 
of this section at least semi-annually.
    (e) Elevation of the ground-water surface at each monitoring well 
must be determined each time a sample is obtained.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]



Sec. 265.93  Preparation, evaluation, and response.

    (a) Within one year after the effective date of these regulations, 
the owner or operator must prepare an outline of a ground-water quality 
assessment program. The outline must describe a more comprehensive 
ground-water monitoring program (than that described in Sec. Sec. 
265.91 and 265.92) capable of determining:
    (1) Whether hazardous waste or hazardous waste constituents have 
entered the ground water;
    (2) The rate and extent of migration of hazardous waste or hazardous 
waste constituents in the ground water; and
    (3) The concentrations of hazardous waste or hazardous waste 
constituents in the ground water.
    (b) For each indicator parameter specified in Sec. 265.92(b)(3), 
the owner or operator must calculate the arithmetic mean and variance, 
based on at least

[[Page 618]]

four replicate measurements on each sample, for each well monitored in 
accordance with Sec. 265.92(d)(2), and compare these results with its 
initial background arithmetic mean. The comparison must consider 
individually each of the wells in the monitoring system, and must use 
the Student's t-test at the 0.01 level of significance (see appendix IV) 
to determine statistically significant increases (and decreases, in the 
case of pH) over initial background.
    (c)(1) If the comparisons for the upgradient wells made under 
paragraph (b) of this section show a significant increase (or pH 
decrease), the owner or operator must submit this information in 
accordance with Sec. 265.94(a)(2)(ii).
    (2) If the comparisons for downgradient wells made under paragraph 
(b) of this section show a significant increase (or pH decrease), the 
owner or operator must then immediately obtain additional ground-water 
samples from those downgradient wells where a significant difference was 
detected, split the samples in two, and obtain analyses of all 
additional samples to determine whether the significant difference was a 
result of laboratory error.
    (d)(1) If the analyses performed under paragraph (c)(2) of this 
section confirm the significant increase (or pH decrease), the owner or 
operator must provide written notice to the Regional Administrator--
within seven days of the date of such confirmation--that the facility 
may be affecting ground-water quality.
    (2) Within 15 days after the notification under paragraph (d)(1) of 
this section, the owner or operator must develop a specific plan, based 
on the outline required under paragraph (a) of this section and 
certified by a qualified geologist or geotechnical engineer, for a 
ground-water quality assessment at the facility. This plan must be 
placed in the facility operating record and be maintained until closure 
of the facility.
    (3) The plan to be submitted under Sec. 265.90(d)(1) or paragraph 
(d)(2) of this section must specify:
    (i) The number, location, and depth of wells;
    (ii) Sampling and analytical methods for those hazardous wastes or 
hazardous waste constituents in the facility;
    (iii) Evaluation procedures, including any use of previously-
gathered ground-water quality information; and
    (iv) A schedule of implementation.
    (4) The owner or operator must implement the ground-water quality 
assessment plan which satisfies the requirements of paragraph (d)(3) of 
this section, and, at a minimum, determine:
    (i) The rate and extent of migration of the hazardous waste or 
hazardous waste constituents in the ground water; and
    (ii) The concentrations of the hazardous waste or hazardous waste 
constituents in the ground water.
    (5) The owner or operator must make his first determination under 
paragraph (d)(4) of this section, as soon as technically feasible, and 
prepare a report containing an assessment of ground-water quality. This 
report must be placed in the facility operating record and be maintained 
until closure of the facility.
    (6) If the owner or operator determines, based on the results of the 
first determination under paragraph (d)(4) of this section, that no 
hazardous waste or hazardous waste constituents from the facility have 
entered the ground water, then he may reinstate the indicator evaluation 
program described in Sec. 265.92 and paragraph (b) of this section. If 
the owner or operator reinstates the indicator evaluation program, he 
must so notify the Regional Administrator in the report submitted under 
paragraph (d)(5) of this section.
    (7) If the owner or operator determines, based on the first de ter 
mi nation under paragraph (d)(4) of this section, that hazardous waste 
or hazardous waste constituents from the facility have entered the 
ground water, then he:
    (i) Must continue to make the determinations required under 
paragraph (d)(4) of this section on a quarterly basis until final 
closure of the facility, if the ground-water quality assessment plan was 
implemented prior to final closure of the facility; or
    (ii) May cease to make the determinations required under paragraph 
(d)(4) of this section, if the ground-

[[Page 619]]

water quality assessment plan was implemented during the post-closure 
care period.
    (e) Notwithstanding any other provision of this subpart, any ground-
water quality assessment to satisfy the requirements of Sec. 
265.93(d)(4) which is initiated prior to final closure of the facility 
must be completed and reported in accordance with Sec. 265.93(d)(5).
    (f) Unless the ground water is monitored to satisfy the requirements 
of Sec. 265.93(d)(4), at least annually the owner or operator must 
evaluate the data on ground-water surface elevations obtained under 
Sec. 265.92(e) to determine whether the requirements under Sec. 
265.91(a) for locating the monitoring wells continues to be satisfied. 
If the evaluation shows that Sec. 265.91(a) is no longer satisfied, the 
owner or operator must immediately modify the number, location, or depth 
of the monitoring wells to bring the ground-water monitoring system into 
compliance with this requirement.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 
FR 16909, Apr. 4, 2006]



Sec. 265.94  Recordkeeping and reporting.

    (a) Unless the ground water is monitored to satisfy the requirements 
of Sec. 265.93(d)(4), the owner or operator must:
    (1) Keep records of the analyses required in Sec. 265.92(c) and 
(d), the associated ground-water surface elevations required in Sec. 
265.92(e), and the evaluations required in Sec. 265.93(b) throughout 
the active life of the facility, and, for disposal facilities, 
throughout the post-closure care period as well; and
    (2) Report the following ground-water monitoring information to the 
Regional Administrator:
    (i) During the first year when initial background concentrations are 
being established for the facility: concentrations or values of the 
parameters listed in Sec. 265.92(b)(1) for each ground-water monitoring 
well within 15 days after completing each quarterly analysis. The owner 
or operator must separately identify for each monitoring well any 
parameters whose concentration or value has been found to exceed the 
maximum contaminant levels listed in appendix III.
    (ii) Annually: Concentrations or values of the parameters listed in 
Sec. 265.92(b)(3) for each ground-water monitoring well, along with the 
required evaluations for these parameters under Sec. 265.93(b). The 
owner or operator must separately identify any significant differences 
from initial background found in the upgradient wells, in accordance 
with Sec. 265.93(c)(1). During the active life of the facility, this 
information must be submitted no later than March 1 following each 
calendar year.
    (iii) No later than March 1 following each calendar year: Results of 
the evaluations of ground-water surface elevations under Sec. 
265.93(f), and a description of the response to that evaluation, where 
applicable.
    (b) If the ground water is monitored to satisfy the requirements of 
Sec. 265.93(d)(4), the owner or operator must:
    (1) Keep records of the analyses and evaluations specified in the 
plan, which satisfies the requirements of Sec. 265.93(d)(3), throughout 
the active life of the facility, and, for disposal facilities, 
throughout the post-closure care period as well; and
    (2) Annually, until final closure of the facility, submit to the 
Regional Administrator a report containing the results of his or her 
ground-water quality assessment program which includes, but is not 
limited to, the calculated (or measured) rate of migration of hazardous 
waste or hazardous waste constituents in the ground water during the 
reporting period. This information must be submitted no later than March 
1 following each calendar year.

[45 FR 33232, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50 
FR 4514, Jan. 31, 1985]



                   Subpart G_Closure and Post-Closure

    Source: 51 FR 16451, May 2, 1986, unless otherwise noted.



Sec. 265.110  Applicability.

    Except as Sec. 265.1 provides otherwise:
    (a) Sections 265.111 through 265.115 (which concern closure) apply 
to the

[[Page 620]]

owners and operators of all hazardous waste management facilities; and
    (b) Sections 265.116 through 265.120 (which concern post-closure 
care) apply to the owners and operators of:
    (1) All hazardous waste disposal facilities;
    (2) Waste piles and surface impoundments for which the owner or 
operator intends to remove the wastes at closure to the extent that 
these sections are made applicable to such facilities in Sec. 265.228 
or Sec. 265.258;
    (3) Tank systems that are required under Sec. 265.197 to meet 
requirements for landfills; and
    (4) Containment buildings that are required under Sec. 265.1102 to 
meet the requirement for landfills.
    (c) Section 265.121 applies to owners and operators of units that 
are subject to the requirements of 40 CFR 270.1(c)(7) and are regulated 
under an enforceable document (as defined in 40 CFR 270.1(c)(7)).
    (d) The Regional Administrator may replace all or part of the 
requirements of this subpart (and the unit-specific standards in Sec. 
265.111(c)) applying to a regulated unit (as defined in 40 CFR 264.90), 
with alternative requirements for closure set out in an approved closure 
or post-closure plan, or in an enforceable document (as defined in 40 
CFR 270.1(c)(7)), where the Regional Administrator determines that:
    (1) A regulated unit is situated among solid waste management units 
(or areas of concern), a release has occurred, and both the regulated 
unit and one or more solid waste management unit(s) (or areas of 
concern) are likely to have contributed to the release, and
    (2) It is not necessary to apply the closure requirements of this 
subpart (and/or those referenced herein) because the alternative 
requirements will protect human health and the environment, and will 
satisfy the closure performance standard of Sec. 265.111 (a) and (b).

[51 FR 16451, May 2, 1986, as amended at 51 FR 25479, July 14, 1986; 53 
FR 34086, Sept. 2, 1988; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 
22, 1998; 71 FR 40274, July 14, 2006]



Sec. 265.111  Closure performance standard.

    The owner or operator must close the facility in a manner that:
    (a) Minimizes the need for further maintenance, and
    (b) Controls, minimizes or eliminates, to the extent necessary to 
protect human health and the environment, post-closure escape of 
hazardous waste, hazardous constituents, leachate, contaminated run-off, 
or hazardous waste decomposition products to the ground or surface 
waters or to the atmosphere, and
    (c) Complies with the closure requirements of this subpart, 
including, but not limited to, the requirements of Sec. Sec. 265.197, 
265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and 
265.1102.

[51 FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992; 71 
FR 40275, July 14, 2006]



Sec. 265.112  Closure plan; amendment of plan.

    (a) Written plan. By May 19, 1981, or by six months after the 
effective date of the rule that first subjects a facility to provisions 
of this section, the owner or operator of a hazardous waste management 
facility must have a written closure plan. Until final closure is 
completed and certified in accordance with Sec. 265.115, a copy of the 
most current plan must be furnished to the Regional Administrator upon 
request, including request by mail. In addition, for facilities without 
approved plans, it must also be provided during site inspections, on the 
day of inspection, to any officer, employee, or representative of the 
Agency who is duly designated by the Administrator.
    (b) Content of plan. The plan must identify steps necessary to 
perform partial and/or final closure of the facility at any point during 
its active life. The closure plan must include, at least:
    (1) A description of how each hazardous waste management unit at the 
facility will be closed in accordance with Sec. 265.111; and
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 265.111. The description must 
identify the maximum extent of the operation which will be unclosed

[[Page 621]]

during the active life of the facility; and
    (3) An estimate of the maximum inventory of hazardous wastes ever 
on-site over the active life of the facility and a detailed description 
of the methods to be used during partial and final closure, including, 
but not limited to methods for removing, transporting, treating, storing 
or disposing of all hazardous waste, identification of and the type(s) 
of off-site hazardous waste management unit(s) to be used, if 
applicable; and
    (4) A detailed description of the steps needed to remove or 
decontaminate all hazardous waste residues and contaminated containment 
system components, equipment, structures, and soils during partial and 
final closure including, but not limited to, procedures for cleaning 
equipment and removing contaminated soils, methods for sampling and 
testing surrounding soils, and criteria for determining the extent of 
decontamination necessary to satisfy the closure performance standard; 
and
    (5) A detailed description of other activities necessary during the 
partial and final closure periods to ensure that all partial closures 
and final closure satisfy the closure performance standards, including, 
but not limited to, ground-water monitoring, leachate collection, and 
run-on and run-off control; and
    (6) A schedule for closure of each hazardous waste management unit 
and for final closure of the facility. The schedule must include, at a 
minimum, the total time required to close each hazardous waste 
management unit and the time required for intervening closure activities 
which will allow tracking of the progress of partial and final closure. 
(For example, in the case of a landfill unit, estimates of the time 
required to treat or dispose of all hazardous waste inventory and of the 
time required to place a final cover must be included.); and
    (7) An estimate of the expected year of final closure for facilities 
that use trust funds to demonstrate financial assurance under Sec. 
265.143 or Sec. 265.145 and whose remaining operating life is less than 
twenty years, and for facilities without approved closure plans.
    (8) For facilities where the Regional Administrator has applied 
alternative requirements at a regulated unit under Sec. Sec. 265.90(f), 
265.110(d), and/or 265.140(d), either the alternative requirements 
applying to the regulated unit, or a reference to the enforceable 
document containing those alternative requirements.
    (c) Amendment of plan. The owner or operator may amend the closure 
plan at any time prior to the notification of partial or final closure 
of the facility. An owner or operator with an approved closure plan must 
submit a written request to the Regional Administrator to authorize a 
change to the approved closure plan. The written request must include a 
copy of the amended closure plan for approval by the Regional 
Administrator.
    (1) The owner or operator must amend the closure plan whenever:
    (i) Changes in operating plans or facility design affect the closure 
plan, or
    (ii) There is a change in the expected year of closure, if 
applicable, or
    (iii) In conducting partial or final closure activities, unexpected 
events require a modification of the closure plan.
    (iv) The owner or operator requests the Regional Administrator to 
apply alternative requirements to a regulated unit under Sec. Sec. 
265.90(f), 265.110(d), and/or 265.140(d).
    (2) The owner or operator must amend the closure plan at least 60 
days prior to the proposed change in facility design or operation, or no 
later than 60 days after an unexpected event has occurred which has 
affected the closure plan. If an unexpected event occurs during the 
partial or final closure period, the owner or operator must amend the 
closure plan no later than 30 days after the unexpected event. These 
provisions also apply to owners or operators of surface impoundments and 
waste piles who intended to remove all hazardous wastes at closure, but 
are required to close as landfills in accordance with Sec. 265.310.
    (3) An owner or operator with an approved closure plan must submit 
the modified plan to the Regional Administrator at least 60 days prior 
to the proposed change in facility design or operation, or no more than 
60 days after an

[[Page 622]]

unexpected event has occurred which has affected the closure plan. If an 
unexpected event has occurred during the partial or final closure 
period, the owner or operator must submit the modified plan no more than 
30 days after the unexpected event. These provisions also apply to 
owners or operators of surface impoundments and waste piles who intended 
to remove all hazardous wastes at closure but are required to close as 
landfills in accordance with Sec. 265.310. If the amendment to the plan 
is a Class 2 or 3 modification according to the criteria in Sec. 
270.42, the modification to the plan will be approved according to the 
procedures in Sec. 265.112(d)(4).
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in paragraph (c)(1) of this section. An 
owner or operator with an approved closure plan must submit the modified 
plan within 60 days of the request from the Regional Administrator, or 
within 30 days if the unexpected event occurs during partial or final 
closure. If the amendment is considered a Class 2 or 3 modification 
according to the criteria in Sec. 270.42, the modification to the plan 
will be approved in accordance with the procedures in Sec. 
265.112(d)(4).
    (d) Notification of partial closure and final closure. (1) The owner 
or operator must submit the closure plan to the Regional Administrator 
at least 180 days prior to the date on which he expects to begin closure 
of the first surface impoundment, waste pile, land treatment, or 
landfill unit, or final closure if it involves such a unit, whichever is 
earlier. The owner or operator must submit the closure plan to the 
Regional Administrator at least 45 days prior to the date on which he 
expects to begin partial or final closure of a boiler or industrial 
furnace. The owner or operator must submit the closure plan to the 
Regional Administrator at least 45 days prior to the date on which he 
expects to begin final closure of a facility with only tanks, container 
storage, or incinerator units. Owners or operators with approved closure 
plans must notify the Regional Administrator in writing at least 60 days 
prior to the date on which he expects to begin closure of a surface 
impoundment, waste pile, landfill, or land treatment unit, or final 
closure of a facility involving such a unit. Owners or operators with 
approved closure plans must notify the Regional Administrator in writing 
at least 45 days prior to the date on which he expects to begin partial 
or final closure of a boiler or industrial furnace. Owners or operators 
with approved closure plans must notify the Regional Administrator in 
writing at least 45 days prior to the date on which he expects to begin 
final closure of a facility with only tanks, container storage, or 
incinerator units.
    (2) The date when he ``expects to begin closure'' must be either:
    (i) Within 30 days after the date on which any hazardous waste 
management unit receives the known final volume of hazardous wastes, or, 
if there is a reasonable possibility that the hazardous waste management 
unit will receive additional hazardous wastes, no later than one year 
after the date on which the unit received the most recent volume of 
hazardous waste. If the owner or operator of a hazardous waste 
management unit can demonstrate to the Regional Administrator that the 
hazardous waste management unit or facility has the capacity to receive 
additional hazardous wastes and he has taken, and will continue to take, 
all steps to prevent threats to human health and the environment, 
including compliance with all interim status requirements, the Regional 
Administrator may approve an extension to this one-year limit; or
    (ii) For units meeting the requirements of Sec. 265.113(d), no 
later than 30 days after the date on which the hazardous waste 
management unit receives the known final volume of nonhazardous wastes, 
or if there is a reasonable possibility that the hazardous waste 
management unit will receive additional nonhazardous wastes, no later 
than one year after the date on which the unit received the most recent 
volume of nonhazardous wastes. If the owner or operator can demonstrate 
to the Regional Administrator that the hazardous waste management unit 
has the capacity to receive additional nonhazardous wastes and he has 
taken, and will continue to take, all steps to prevent threats to human 
health and the

[[Page 623]]

environment, including compliance with all applicable interim status 
requirements, the Regional Administrator may approve an extension to 
this one-year limit.
    (3) The owner or operator must submit his closure plan to the 
Regional Administrator no later than 15 days after:
    (i) Termination of interim status except when a permit is issued 
simultaneously with termination of interim status; or
    (ii) Issuance of a judicial decree or final order under section 3008 
of RCRA to cease receiving hazardous wastes or close.
    (4) The Regional Administrator will provide the owner or operator 
and the public, through a newspaper notice, the opportunity to submit 
written comments on the plan and request modifications to the plan no 
later than 30 days from the date of the notice. He will also, in 
response to a request or at his own discretion, hold a public hearing 
whenever such a hearing might clarify one or more issues concerning a 
closure plan. The Regional Administrator will give public notice of the 
hearing at least 30 days before it occurs. (Public notice of the hearing 
may be given at the same time as notice of the opportunity for the 
public to submit written comments, and the two notices may be combined.) 
The Regional Administrator will approve, modify, or disapprove the plan 
within 90 days of its receipt. If the Regional Administrator does not 
approve the plan he shall provide the owner or operator with a detailed 
written statement of reasons for the refusal and the owner or operator 
must modify the plan or submit a new plan for approval within 30 days 
after receiving such written statement. The Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
closure plan. The Regional Administrator must assure that the approved 
plan is consistent with Sec. Sec. 265.111 through 265.115 and the 
applicable requirements of subpart F of this part, and Sec. Sec. 
265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, 
and 265.1102. A copy of the modified plan with a detailed statement of 
reasons for the modifications must be mailed to the owner or operator.
    (e) Removal of wastes and decontamination or dismantling of 
equipment. Nothing in this section shall preclude the owner or operator 
from removing hazardous wastes and decontaminating or dismantling 
equipment in accordance with the approved partial or final closure plan 
at any time before or after notification of partial or final closure.

[51 FR 16451, May 2, 1986, as amended at 54 FR 37935, Sept. 28, 1988; 56 
FR 7207, Feb. 21, 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 37267, Aug. 
18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40275, July 14, 2006]



Sec. 265.113  Closure; time allowed for closure.

    (a) Within 90 days after receiving the final volume of hazardous 
wastes, or the final volume of nonhazardous wastes if the owner or 
operator complies with all applicable requirements in paragraphs (d) and 
(e) of this section, at a hazardous waste management unit or facility, 
or within 90 days after approval of the closure plan, whichever is 
later, the owner or operator must treat, remove from the unit or 
facility, or dispose of on-site, all hazardous wastes in accordance with 
the approved closure plan. The Regional Administrator may approve a 
longer period if the owner or operator demonstrates that:
    (1)(i) The activities required to comply with this paragraph will, 
of necessity, take longer than 90 days to complete; or
    (ii)(A) The hazardous waste management unit or facility has the 
capacity to receive additional hazardous wastes, or has the capacity to 
receive non-hazardous wastes if the facility owner or operator complies 
with paragraphs (d) and (e) of this section; and
    (B) There is a reasonable likelihood that he or another person will 
recommence operation of the hazardous waste management unit or the 
facility within one year; and
    (C) Closure of the hazardous waste management unit or facility would 
be incompatible with continued operation of the site; and
    (2) He has taken and will continue to take all steps to prevent 
threats to

[[Page 624]]

human health and the environment, including compliance with all 
applicable interim status requirements.
    (b) The owner or operator must complete partial and final closure 
activities in accordance with the approved closure plan and within 180 
days after receiving the final volume of hazardous wastes, or the final 
volume of nonhazardous wastes if the owner or operator complies with all 
applicable requirements in paragraphs (d) and (e) of this section, at 
the hazardous waste management unit or facility, or 180 days after 
approval of the closure plan, if that is later. The Regional 
Administrator may approve an extension to the closure period if the 
owner or operator demonstrates that:
    (1)(i) The partial or final closure activities will, of necessity, 
take longer than 180 days to complete; or
    (ii)(A) The hazardous waste management unit or facility has the 
capacity to receive additional hazardous wastes, or has the capacity to 
receive non-hazardous wastes if the facility owner or operator complies 
with paragraphs (d) and (e) of this section; and
    (B) There is reasonable likelihood that he or another person will 
recommence operation of the hazardous waste management unit or the 
facility within one year; and
    (C) Closure of the hazardous waste management unit or facility would 
be incompatible with continued operation of the site; and
    (2) He has taken and will continue to take all steps to prevent 
threats to human health and the environment from the unclosed but not 
operating hazardous waste management unit or facility, including 
compliance with all applicable interim status requirements.
    (c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) 
of this section must be made as follows:
    (1) The demonstrations in paragraph (a)(1) of this section must be 
made at least 30 days prior to the expiration of the 90-day period in 
paragraph (a) of this section; and
    (2) The demonstration in paragraph (b)(1) of this section must be 
made at least 30 days prior to the expiration of the 180-day period in 
paragraph (b) of this section, unless the owner or operator is otherwise 
subject to the deadlines in paragraph (d) of this section.
    (d) The Regional Administrator may allow an owner or operator to 
receive non-hazardous wastes in a landfill, land treatment, or surface 
impoundment unit after the final receipt of hazardous wastes at that 
unit if:
    (1) The owner or operator submits an amended part B application, or 
a part B application, if not previously required, and demonstrates that:
    (i) The unit has the existing design capacity as indicated on the 
part A application to receive non-hazardous wastes; and
    (ii) There is a reasonable likelihood that the owner or operator or 
another person will receive non-hazardous wastes in the unit within one 
year after the final receipt of hazardous wastes; and
    (iii) The non-hazardous wastes will not be incompatible with any 
remaining wastes in the unit or with the facility design and operating 
requirements of the unit or facility under this part; and
    (iv) Closure of the hazardous waste management unit would be 
incompatible with continued operation of the unit or facility; and
    (v) The owner or operator is operating and will continue to operate 
in compliance with all applicable interim status requirements; and
    (2) The part B application includes an amended waste analysis plan, 
ground-water monitoring and response program, human exposure assessment 
required under RCRA section 3019, and closure and post-closure plans, 
and updated cost estimates and demonstrations of financial assurance for 
closure and post-closure care as necessary and appropriate to reflect 
any changes due to the presence of hazardous constituents in the non-
hazardous wastes, and changes in closure activities, including the 
expected year of closure if applicable under Sec. 265.112(b)(7), as a 
result of the receipt of non-hazardous wastes following the final 
receipt of hazardous wastes; and
    (3) The part B application is amended, as necessary and appropriate, 
to account for the receipt of non-hazardous wastes following receipt of 
the final volume of hazardous wastes; and

[[Page 625]]

    (4) The part B application and the demonstrations referred to in 
paragraphs (d)(1) and (d)(2) of this section are submitted to the 
Regional Administrator no later than 180 days prior to the date on which 
the owner or operator of the facility receives the known final volume of 
hazardous wastes, or no later than 90 days after the effective date of 
this rule in the state in which the unit is located, whichever is later.
    (e) In addition to the requirements in paragraph (d) of this 
section, an owner or operator of a hazardous waste surface impoundment 
that is not in compliance with the liner and leachate collection system 
requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 
3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
    (1) Submit with the part B application:
    (i) A contingent corrective measures plan; and
    (ii) A plan for removing hazardous wastes in compliance with 
paragraph (e)(2) of this section; and
    (2) Remove all hazardous wastes from the unit by removing all 
hazardous liquids and removing all hazardous sludges to the extent 
practicable without impairing the integrity of the liner(s), if any.
    (3) Removal of hazardous wastes must be completed no later than 90 
days after the final receipt of hazardous wastes. The Regional 
Administrator may approve an extension to this deadline if the owner or 
operator demonstrates that the removal of hazardous wastes will, of 
necessity, take longer than the allotted period to complete and that an 
extension will not pose a threat to human health and the environment.
    (4) If a release that is a statistically significant increase (or 
decrease in the case of pH) in hazardous constituents over background 
levels is detected in accordance with the requirements in subpart F of 
this part, the owner or operator of the unit:
    (i) Must implement corrective measures in accordance with the 
approved contingent corrective measures plan required by paragraph 
(e)(1) of this section no later than one year after detection of the 
release, or approval of the contingent corrective measures plan, 
whichever is later;
    (ii) May receive wastes at the unit following detection of the 
release only if the approved corrective measures plan includes a 
demonstration that continued receipt of wastes will not impede 
corrective action; and
    (iii) May be required by the Regional Administrator to implement 
corrective measures in less than one year or to cease receipt of wastes 
until corrective measures have been implemented if necessary to protect 
human health and the environment.
    (5) During the period of corrective action, the owner or operator 
shall provide annual reports to the Regional Administrator describing 
the progress of the corrective action program, compile all ground-water 
monitoring data, and evaluate the effect of the continued receipt of 
non-hazardous wastes on the effectiveness of the corrective action.
    (6) The Regional Administrator may require the owner or operator to 
commence closure of the unit if the owner or operator fails to implement 
corrective action measures in accordance with the approved contingent 
corrective measures plan within one year as required in paragraph (e)(4) 
of this section, or fails to make substantial progress in implementing 
corrective action and achieving the facility's background levels.
    (7) If the owner or operator fails to implement corrective measures 
as required in paragraph (e)(4) of this section, or if the Regional 
Administrator determines that substantial progress has not been made 
pursuant to paragraph (e)(6) of this section he shall:
    (i) Notify the owner or operator in writing that the owner or 
operator must begin closure in accordance with the deadline in 
paragraphs (a) and (b) of this section and provide a detailed statement 
of reasons for this determination, and
    (ii) Provide the owner or operator and the public, through a 
newspaper notice, the opportunity to submit written comments on the 
decision no later than 20 days after the date of the notice.
    (iii) If the Regional Administrator receives no written comments, 
the decision will become final five days after

[[Page 626]]

the close of the comment period. The Regional Administrator will notify 
the owner or operator that the decision is final, and that a revised 
closure plan, if necessary, must be submitted within 15 days of the 
final notice and that closure must begin in accordance with the 
deadlines in paragraphs (a) and (b) of this section.
    (iv) If the Regional Administrator receives written comments on the 
decision, he shall make a final decision within 30 days after the end of 
the comment period, and provide the owner or operator in writing and the 
public through a newspaper notice, a detailed statement of reasons for 
the final decision. If the Regional Administrator determines that 
substantial progress has not been made, closure must be initiated in 
accordance with the deadlines in paragraphs (a) and (b) of this section.
    (v) The final determinations made by the Regional Administrator 
under paragraphs (e)(7) (iii) and (iv) of this section are not subject 
to administrative appeal.

[51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 
FR 42512, Aug. 27, 1991; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, July 
14, 2006]



Sec. 265.114  Disposal or decontamination of equipment, structures and soils.

    During the partial and final closure periods, all contaminated 
equipment, structures and soil must be properly disposed of, or 
decontaminated unless specified otherwise in Sec. Sec. 265.197, 
265.228, 265.258, 265.280, or 265.310. By removing all hazardous wastes 
or hazardous constituents during partial and final closure, the owner or 
operator may become a generator of hazardous waste and must handle that 
hazardous waste in accordance with all applicable requirements of part 
262 of this chapter.

[51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988]



Sec. 265.115  Certification of closure.

    Within 60 days of completion of closure of each hazardous waste 
surface impoundment, waste pile, land treatment, and landfill unit, and 
within 60 days of completion of final closure, the owner or operator 
must submit to the Regional Administrator, by registered mail, a 
certification that the hazardous waste management unit or facility, as 
applicable, has been closed in accordance with the specifications in the 
approved closure plan. The certification must be signed by the owner or 
operator and by a qualified Professional Engineer. Documentation 
supporting the Professional Engineer's certification must be furnished 
to the Regional Administrator upon request until he releases the owner 
or operator from the financial assurance requirements for closure under 
Sec. 265.143(h).

[71 FR 16909, Apr. 4, 2006]



Sec. 265.116  Survey plat.

    No later than the submission of the certification of closure of each 
hazardous waste disposal unit, an owner or operator must submit to the 
local zoning authority, or the authority with jurisdiction over local 
land use, and to the Regional Administrator, a survey plat indicating 
the location and dimensions of landfill cells or other hazardous waste 
disposal units with respect to permanently surveyed benchmarks. This 
plat must be prepared and certified by a professional land surveyor. The 
plat filed with the local zoning authority, or the authority with 
jurisdiction over local land use must contain a note, prominently 
displayed, which states the owner's or operator's obligation to restrict 
disturbance of the hazardous waste disposal unit in ac cord ance with 
the applicable subpart G regulations.



Sec. 265.117  Post-closure care and use of property.

    (a)(1) Post-closure care for each hazardous waste management unit 
subject to the requirements of Sec. Sec. 265.117 through 265.120 must 
begin after completion of closure of the unit and continue for 30 years 
after that date. It must consist of at least the following:
    (i) Monitoring and reporting in accordance with the requirements of 
subparts F, K, L, M, and N of this part; and
    (ii) Maintenance and monitoring of waste containment systems in 
accordance with the requirements of subparts F, K, L, M, and N of this 
part.

[[Page 627]]

    (2) Any time preceding closure of a hazardous waste management unit 
subject to post-closure care requirements or final closure, or any time 
during the post-closure period for a particular hazardous waste disposal 
unit, the Regional Administrator may:
    (i) Shorten the post-closure care period applicable to the hazardous 
waste management unit, or facility, if all disposal units have been 
closed, if he finds that the reduced period is sufficient to protect 
human health and the environment (e.g., leachate or ground-water 
monitoring results, characteristics of the hazardous waste, application 
of advanced technology, or alternative disposal, treatment, or re-use 
techniques indicate that the hazardous waste management unit or facility 
is secure); or
    (ii) Extend the post-closure care period applicable to the hazardous 
waste management unit or facility, if he finds that the extended period 
is necessary to protect human health and the environment (e.g., leachate 
or ground-water monitoring results indicate a potential for migration of 
hazardous wastes at levels which may be harmful to human health and the 
environment).
    (b) The Regional Administrator may require, at partial and final 
closure, continuation of any of the security requirements of Sec. 
265.14 during part or all of the post-closure period when:
    (1) Hazardous wastes may remain exposed after completion of partial 
or final closure; or
    (2) Access by the public or domestic livestock may pose a hazard to 
human health.
    (c) Post-closure use of property on or in which hazardous wastes 
remain after partial or final closure must never be allowed to disturb 
the integrity of the final cover, liner(s), or any other components of 
the containment system, or the function of the facility's monitoring 
systems, unless the Regional Administrator finds that the disturbance:
    (1) Is necessary to the proposed use of the property, and will not 
increase the potential hazard to human health or the environment; or
    (2) Is necessary to reduce a threat to human health or the 
environment.
    (d) All post-closure care activities must be in accordance with the 
provisions of the approved post-closure plan as specified in Sec. 
265.118.

[51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.118  Post-closure plan; amendment of plan.

    (a) Written plan. By May 19, 1981, the owner or operator of a 
hazardous waste disposal unit must have a written post-closure plan. An 
owner or operator of a surface impoundment or waste pile that intends to 
remove all hazardous wastes at closure must prepare a post-closure plan 
and submit it to the Regional Administrator within 90 days of the date 
that the owner or operator or Regional Administrator determines that the 
hazardous waste management unit or facility must be closed as a 
landfill, subject to the requirements of Sec. Sec. 265.117 through 
265.120.
    (b) Until final closure of the facility, a copy of the most current 
post-closure plan must be furnished to the Regional Administrator upon 
request, including request by mail. In addition, for facilities without 
approved post-closure plans, it must also be provided during site 
inspections, on the day of inspection, to any officer, employee or 
representative of the Agency who is duly designated by the 
Administrator. After final closure has been certified, the person or 
office specified in Sec. 265.118(c)(3) must keep the approved post-
closure plan during the post-closure period.
    (c) For each hazardous waste management unit subject to the 
requirements of this section, the post-closure plan must identify the 
activities that will be carried on after closure of each disposal unit 
and the frequency of these activities, and include at least:
    (1) A description of the planned monitoring activities and 
frequencies at which they will be performed to comply with subparts F, 
K, L, M, and N of this part during the post-closure care period; and
    (2) A description of the planned maintenance activities, and 
frequencies at which they will be performed, to ensure:
    (i) The integrity of the cap and final cover or other containment 
systems in accordance with the requirements of

[[Page 628]]

subparts K, L, M, and N of this part; and
    (ii) The function of the monitoring equipment in accordance with the 
requirements of subparts F, K, L, M, and N of this part; and
    (3) The name, address, and phone number of the person or office to 
contact about the hazardous waste disposal unit or facility during the 
post-closure care period.
    (4) For facilities subject to Sec. 265.121, provisions that satisfy 
the requirements of Sec. 265.121(a)(1) and (3).
    (5) For facilities where the Regional Administrator has applied 
alternative requirements at a regulated unit under Sec. Sec. 265.90(f), 
265.110(d), and/or 265.140(d), either the alternative requirements that 
apply to the regulated unit, or a reference to the enforceable document 
containing those requirements.
    (d) Amendment of plan. The owner or operator may amend the post-
closure plan any time during the active life of the facility or during 
the post-closure care period. An owner or operator with an approved 
post-closure plan must submit a written request to the Regional 
Administrator to authorize a change to the approved plan. The written 
request must include a copy of the amended post-closure plan for 
approval by the Regional Administrator.
    (1) The owner or operator must amend the post-closure plan whenever:
    (i) Changes in operating plans or facility design affect the post-
closure plan, or
    (ii) Events which occur during the active life of the facility, 
including partial and final closures, affect the post-closure plan.
    (iii) The owner or operator requests the Regional Administrator to 
apply alternative requirements to a regulated unit under Sec. Sec. 
265.90(f), 265.110(d), and/or 265.140(d).
    (2) The owner or operator must amend the post-closure plan at least 
60 days prior to the proposed change in facility design or operation, or 
no later than 60 days after an unexpected event has occurred which has 
affected the post-closure plan.
    (3) An owner or operator with an approved post-closure plan must 
submit the modified plan to the Regional Administrator at least 60 days 
prior to the proposed change in facility design or operation, or no more 
than 60 days after an unexpected event has occurred which has affected 
the post-closure plan. If an owner or operator of a surface impoundment 
or a waste pile who intended to remove all hazardous wastes at closure 
in accordance with Sec. 265.228(b) or Sec. 265.258(a) is required to 
close as a landfill in accordance with Sec. 265.310, the owner or 
operator must submit a post-closure plan within 90 days of the 
determination by the owner or operator or Regional Administrator that 
the unit must be closed as a landfill. If the amendment to the post-
closure plan is a Class 2 or 3 modification according to the criteria in 
Sec. 270.42, the modification to the plan will be approved according to 
the procedures in Sec. 265.118(f).
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in paragraph (d)(1) of this section. An 
owner or operator with an approved post-closure plan must submit the 
modified plan no later than 60 days of the request from the Regional 
Administrator. If the amendment to the plan is considered a Class 2 or 3 
modification according to the criteria in Sec. 270.42, the 
modifications to the post-closure plan will be approved in accordance 
with the procedures in Sec. 265.118(f). If the Regional Administrator 
determines that an owner or operator of a surface impoundment or waste 
pile who intended to remove all hazardous wastes at closure must close 
the facility as a landfill, the owner or operator must submit a post-
closure plan for approval to the Regional Administrator within 90 days 
of the determination.
    (e) The owner or operator of a facility with hazardous waste 
management units subject to these requirements must submit his post-
closure plan to the Regional Administrator at least 180 days before the 
date he expects to begin partial or final closure of the first hazardous 
waste disposal unit. The date he ``expects to begin closure'' of the 
first hazardous waste disposal unit must be either within 30 days after 
the date on which the hazardous waste management unit receives the known 
final volume of hazardous waste or, if there is a reasonable possibility

[[Page 629]]

that the hazardous waste management unit will receive additional 
hazardous wastes, no later than one year after the date on which the 
unit received the most recent volume of hazardous wastes. The owner or 
operator must submit the post-closure plan to the Regional Administrator 
no later than 15 days after:
    (1) Termination of interim status (except when a permit is issued to 
the facility simultaneously with termination of interim status); or
    (2) Issuance of a judicial decree or final orders under section 3008 
of RCRA to cease receiving wastes or close.
    (f) The Regional Administrator will provide the owner or operator 
and the public, through a newspaper notice, the opportunity to submit 
written comments on the post-closure plan and request modifications to 
the plan no later than 30 days from the date of the notice. He will 
also, in response to a request or at his own discretion, hold a public 
hearing whenever such a hearing might clarify one or more issues 
concerning a post-closure plan. The Regional Administrator will give 
public notice of the hearing at least 30 days before it occurs. (Public 
notice of the hearing may be given at the same time as notice of the 
opportunity for the public to submit written comments, and the two 
notices may be combined.) The Regional Administrator will approve, 
modify, or disapprove the plan within 90 days of its receipt. If the 
Regional Administrator does not approve the plan he shall provide the 
owner or operator with a detailed written statement of reasons for the 
refusal and the owner or operator must modify the plan or submit a new 
plan for approval within 30 days after receiving such written statement. 
The Regional Administrator will approve or modify this plan in writing 
within 60 days. If the Regional Administrator modifies the plan, this 
modified plan becomes the approved post-closure plan. The Regional 
Administrator must ensure that the approved post-closure plan is 
consistent with Sec. Sec. 265.117 through 265.120. A copy of the 
modified plan with a detailed statement of reasons for the modifications 
must be mailed to the owner or operator.
    (g) The post-closure plan and length of the post-closure care period 
may be modified any time prior to the end of the post-closure care 
period in either of the following two ways:
    (1) The owner or operator or any member of the public may petition 
the Regional Administrator to extend or reduce the post-closure care 
period applicable to a hazardous waste management unit or facility based 
on cause, or alter the requirements of the post-closure care period 
based on cause.
    (i) The petition must include evidence demonstrating that:
    (A) The secure nature of the hazardous waste management unit or 
facility makes the post-closure care requirement(s) unnecessary or 
supports reduction of the post-closure care period specified in the 
current post-closure plan (e.g., leachate or ground-water monitoring 
results, characteristics of the wastes, application of advanced 
technology, or alternative disposal, treatment, or re-use techniques 
indicate that the facility is secure), or
    (B) The requested extension in the post-closure care period or 
alteration of post-closure care requirements is necessary to prevent 
threats to human health and the environment (e.g., leachate or ground-
water monitoring results indicate a potential for migration of hazardous 
wastes at levels which may be harmful to human health and the 
environment).
    (ii) These petitions will be considered by the Regional 
Administrator only when they present new and relevant information not 
previously considered by the Regional Administrator. Whenever the 
Regional Administrator is considering a petition, he will provide the 
owner or operator and the public, through a newspaper notice, the 
opportunity to submit written comments within 30 days of the date of the 
notice. He will also, in response to a request or at his own discretion, 
hold a public hearing whenever a hearing might clarify one or more 
issues concerning the post-closure plan. The Regional Administrator will 
give the public notice of the hearing at least 30 days before it occurs. 
(Public notice of the hearing may be given at the same time as notice of 
the opportunity for written public comments, and the two notices may

[[Page 630]]

be combined.) After considering the comments, he will issue a final 
determination, based upon the criteria set forth in paragraph (g)(1) of 
this section.
    (iii) If the Regional Administrator denies the petition, he will 
send the petitioner a brief written response giving a reason for the 
denial.
    (2) The Regional Administrator may tentatively decide to modify the 
post-closure plan if he deems it necessary to prevent threats to human 
health and the environment. He may propose to extend or reduce the post-
closure care period applicable to a hazardous waste management unit or 
facility based on cause or alter the requirements of the post-closure 
care period based on cause.
    (i) The Regional Administrator will provide the owner or operator 
and the affected public, through a newspaper notice, the opportunity to 
submit written comments within 30 days of the date of the notice and the 
opportunity for a public hearing as in paragraph (g)(1)(ii) of this 
section. After considering the comments, he will issue a final 
determination.
    (ii) The Regional Administrator will base his final determination 
upon the same criteria as required for petitions under paragraph 
(g)(1)(i) of this section. A modification of the post-closure plan may 
include, where appropriate, the temporary suspension rather than 
permanent deletion of one or more post-closure care requirements. At the 
end of the specified period of suspension, the Regional Ad min is tra 
tor would then determine whether the requirement(s) should be per man 
ently discontinued or reinstated to pre vent threats to human health and 
the environment.

[51 FR 16451, May 2, 1986, as amended at 53 FR 37935, Sept. 28, 1988; 63 
FR 56734, Oct. 22, 1998]



Sec. 265.119  Post-closure notices.

    (a) No later than 60 days after certification of closure of each 
hazardous waste disposal unit, the owner or operator must submit to the 
local zoning authority, or the authority with jurisdiction over local 
land use, and to the Regional Administrator, a record of the type, 
location, and quantity of hazardous wastes disposed of within each cell 
or other disposal unit of the facility. For hazardous wastes disposed of 
before January 12, 1981, the owner or operator must identify the type, 
location and quantity of the hazardous wastes to the best of his 
knowledge and in accordance with any records he has kept.
    (b) Within 60 days of certification of closure of the first 
hazardous waste disposal unit and within 60 days of certification of 
closure of the last hazardous waste disposal unit, the owner or operator 
must:
    (1) Record, in accordance with State law, a notation on the deed to 
the facility property--or on some other instrument which is normally 
examined during title search--that will in perpetuity notify any 
potential purchaser of the property that:
    (i) The land has been used to manage hazardous wastes; and
    (ii) Its use is restricted under 40 CFR part 265, subpart G 
regulations; and
    (iii) The survey plat and record of the type, location, and quantity 
of hazardous wastes disposed of within each cell or other hazardous 
waste disposal unit of the facility required by Sec. Sec. 265.116 and 
265.119(a) have been filed with the local zoning authority or the 
authority with jurisdiction over local land use and with the Regional 
Administrator; and
    (2) Submit a certification signed by the owner or operator that he 
has recorded the notation specified in paragraph (b)(1) of this section 
and a copy of the document in which the notation has been placed, to the 
Regional Administrator.
    (c) If the owner or operator or any subsequent owner of the land 
upon which a hazardous waste disposal unit was located wishes to remove 
hazardous wastes and hazardous waste residues, the liner, if any, and 
all contaminated structures, equipment, and soils, he must request a 
modification to the approved post-closure plan in accordance with the 
requirements of Sec. 265.118(g). The owner or operator must demonstrate 
that the removal of hazardous wastes will satisfy the criteria of Sec. 
265.117(c). By removing hazardous waste, the owner or operator may 
become a generator of hazardous waste and must manage it in accordance 
with

[[Page 631]]

all applicable requirements of this chapter. If the owner or operator is 
granted approval to conduct the removal activities, the owner or 
operator may request that the Regional Administrator approve either:
    (1) The removal of the notation on the deed to the facility property 
or other instrument normally examined during title search, or
    (2) The addition of a notation to the deed or instrument indicating 
the removal of the hazardous waste.

[51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.120  Certification of completion of post-closure care.

    No later than 60 days after the completion of the established post-
closure care period for each hazardous waste disposal unit, the owner or 
operator must submit to the Regional Administrator, by registered mail, 
a certification that the post-closure care period for the hazardous 
waste disposal unit was performed in accordance with the specifications 
in the approved post-closure plan. The certification must be signed by 
the owner or operator and a qualified Professional Engineer. 
Documentation supporting the Professional Engineer's certification must 
be furnished to the Regional Administrator upon request until he 
releases the owner or operator from the financial assurance requirements 
for post-closure care under Sec. 265.145(h).

[71 FR 16909, Apr. 4, 2006]



Sec. 265.121  Post-closure requirements for facilities that obtain enforceable 

documents in lieu of post-closure permits.

    (a) Owners and operators who are subject to the requirement to 
obtain a post-closure permit under 40 CFR 270.1(c), but who obtain 
enforceable documents in lieu of post-closure permits, as provided under 
40 CFR 270.1(c)(7), must comply with the following requirements:
    (1) The requirements to submit information about the facility in 40 
CFR 270.28;
    (2) The requirements for facility-wide corrective action in Sec. 
264.101 of this chapter;
    (3) The requirements of 40 CFR 264.91 through 264.100.
    (b)(1) The Regional Administrator, in issuing enforceable documents 
under Sec. 265.121 in lieu of permits, will assure a meaningful 
opportunity for public involvement which, at a minimum, includes public 
notice and opportunity for public comment:
    (i) When the Agency becomes involved in a remediation at the 
facility as a regulatory or enforcement matter;
    (ii) On the proposed preferred remedy and the assumptions upon which 
the remedy is based, in particular those related to land use and site 
characterization; and
    (iii) At the time of a proposed decision that remedial action is 
complete at the facility. These requirements must be met before the 
Regional Administrator may consider that the facility has met the 
requirements of 40 CFR 270.1(c)(7), unless the facility qualifies for a 
modification to these public involvement procedures under paragraph 
(b)(2) or (3) of this section.
    (2) If the Regional Administrator determines that even a short delay 
in the implementation of a remedy would adversely affect human health or 
the environment, the Regional Administrator may delay compliance with 
the requirements of paragraph (b)(1) of this section and implement the 
remedy immediately. However, the Regional Administrator must assure 
involvement of the public at the earliest opportunity, and, in all 
cases, upon making the decision that additional remedial action is not 
needed at the facility.
    (3) The Regional Administrator may allow a remediation initiated 
prior to October 22, 1998 to substitute for corrective action required 
under a post-closure permit even if the public involvement requirements 
of paragraph (b)(1) of this section have not been met so long as the 
Regional Administrator assures that notice and comment on the decision 
that no further remediation is necessary to protect human health and the 
environment takes place at the earliest reasonable opportunity after 
October 22, 1998.

[63 FR 56734, Oct. 22, 1998]

[[Page 632]]



                    Subpart H_Financial Requirements

    Source: 47 FR 15064, Apr. 7, 1982, unless otherwise noted.



Sec. 265.140  Applicability.

    (a) The requirements of Sec. Sec. 265.142, 265.143 and 265.147 
through 265.150 apply to owners or operators of all hazardous waste 
facilities, except as provided otherwise in this section or in Sec. 
265.1.
    (b) The requirements of Sec. Sec. 265.144 and 265.145 apply only to 
owners and operators of:
    (1) Disposal facilities;
    (2) Tank systems that are required under Sec. 265.197 of this 
chapter to meet the requirements for landfills; and
    (3) Containment buildings that are required under Sec. 265.1102 to 
meet the requirements for landfills.
    (c) States and the Federal government are exempt from the 
requirements of this subpart.
    (d) The Regional Administrator may replace all or part of the 
requirements of this subpart applying to a regulated unit with 
alternative requirements for financial assurance set out in the permit 
or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where 
the Regional Administrator:
    (1) Prescribes alternative requirements for the regulated unit under 
Sec. 265.90(f) and/or 265.110(d), and
    (2) Determines that it is not necessary to apply the requirements of 
this subpart because the alternative financial assurance requirements 
will protect human health and the environment.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16455, May 2, 1986; 51 
FR 25479, July 14, 1986; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 
22, 1998; 71 FR 40275, July 14, 2006]



Sec. 265.141  Definitions of terms as used in this subpart.

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 265.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 265.142 (a), (b), and (c).
    (c) Current post-closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 265.144 (a), (b), and (c).
    (d) Parent corporation means a corporation which directly owns at 
least 50 percent of the voting stock of the corporation which is the 
facility owner or operator; the latter corporation is deemed a 
``subsidiary'' of the parent corporation.
    (e) Post-closure plan means the plan for post-closure care prepared 
in accordance with the requirements of Sec. Sec. 265.117 through 
265.120.
    (f) The following terms are used in the specifications for the 
financial tests for closure, post-closure care, and liability coverage. 
The definitions are intended to assist in the understanding of these 
regulations and are not intended to limit the meanings of terms in a way 
that conflicts with generally accepted accounting practices.
    Assets means all existing and all probable future economic benefits 
obtained or controlled by a particular entity.
    Current assets means cash or other assets or resources commonly 
identified as those which are reasonably expected to be realized in cash 
or sold or consumed during the normal operating cycle of the business.
    Current liabilities means obligations whose liquidation is 
reasonably expected to require the use of existing resources properly 
classifiable as current assets or the creation of other current 
liabilities.
    Current plugging and abandonment cost estimate means the most recent 
of the estimates prepared in accordance with Sec. 144.62(a), (b), and 
(c) of this title.
    Independently audited refers to an audit performed by an independent 
certified public accountant in accordance with generally accepted 
auditing standards.
    Liabilities means probable future sacrifices of economic benefits 
arising from present obligations to transfer assets or provide services 
to other entities in the future as a result of past transactions or 
events.
    Net working capital means current assets minus current liabilities.
    Net worth means total assets minus total liabilities and is 
equivalent to owner's equity.

[[Page 633]]

    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets would not include intangibles such as 
goodwill and rights to patents or royalties.
    (g) In the liability insurance requirements the terms bodily injury 
and property damage shall have the meanings given these terms by 
applicable State law. However, these terms do not include those 
liabilities which, consistent with standard industry practice, are 
excluded from coverage in liability policies for bodily injury and 
property damage. The Agency intends the meanings of other terms used in 
the liability insurance requirements to be consistent with their common 
meanings within the insurance industry. The definitions given below of 
several of the terms are intended to assist in the understanding of 
these regulations and are not intended to limit their meanings in a way 
that conflicts with general insurance industry usage.
    Accidental occurrence means an accident, including continuous or 
repeated exposure to conditions, which results in bodily injury or 
property damage neither expected nor intended from the standpoint of the 
insured.
    Legal defense costs means any expenses that an insurer incurs in 
defending against claims of third parties brought under the terms and 
conditions of an insurance policy.
    Nonsudden accidental occurrence means an occurrence which takes 
place over time and involves continuous or repeated exposure.
    Sudden accidental occurrence means an occurrence which is not 
continuous or repeated in nature.
    (h) Substantial business relationship means the extent of a business 
relationship necessary under applicable State law to make a guarantee 
contract issued incident to that relationship valid and enforceable. A 
``substantial business relationship'' must arise from a pattern of 
recent or ongoing business transactions, in addition to the guarantee 
itself, such that a currently existing business relationship between the 
guarantor and the owner or operator is demonstrated to the satisfaction 
of the applicable EPA Regional Administrator.

[47 FR 16558, Apr. 16, 1982, as amended at 51 FR 16456, May 2, 1986; 53 
FR 33959, Sept. 1, 1988]



Sec. 265.142  Cost estimate for closure.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of closing the facility in accordance with 
the requirements in Sec. Sec. 265.111 through 265.115 and applicable 
closure requirements in Sec. Sec. 265.197, 265.228, 265.258, 265.280, 
265.310, 265.351, 265.381, 265.404, and 265.1102.
    (1) The estimate must equal the cost of final closure at the point 
in the facility's active life when the extent and manner of its 
operation would make closure the most expensive, as indicated by its 
closure plan (see Sec. 265.112(b)); and
    (2) The closure cost estimate must be based on the costs to the 
owner or operator of hiring a third party to close the facility. A third 
party is a party who is neither a parent nor a subsidiary of the owner 
or operator. (See definition of parent corporation in Sec. 265.141(d).) 
The owner or operator may use costs for on-site disposal if he can 
demonstrate that on-site disposal capacity will exist at all times over 
the life of the facility.
    (3) The closure cost estimate may not incorporate any salvage value 
that may be realized with the sale of hazardous wastes, or non-hazardous 
wastes if applicable under Sec. 265.113(d), facility structures or 
equipment, land, or other assets associated with the facility at the 
time of partial or final closure.
    (4) The owner or operator may not incorporate a zero cost for 
hazardous wastes, or non-hazardous wastes if applicable under Sec. 
265.113(d), that might have economic value.
    (b) During the active life of the facility, the owner or operator 
must adjust the closure cost estimate for inflation within 60 days prior 
to the anniversary date of the establishment of the financial 
instrument(s) used to comply with Sec. 265.143. For owners and 
operators using the financial test or corporate guarantee, the closure 
cost estimate must be updated for inflation within 30 days after the 
close of the firm's fiscal year and before submission of updated

[[Page 634]]

information to the Regional Administrator as specified in Sec. 
265.143(e)(3). The adjustment may be made by re cal cu lating the 
closure cost estimate in current dollars, or by using an inflation 
factor derived from the most recent Implicit Price Deflator for Gross 
National Product published by the U.S. Department of Commerce in its 
Survey of Current Business, as specified in paragraphs (b)(1) and (2) of 
this section. The inflation factor is the result of dividing the latest 
published annual Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the closure cost 
estimate by the inflation factor. The result is the adjusted closure 
cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted closure cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the closure cost estimate no later than 30 days after a 
revision has been made to the closure plan which increases the cost of 
closure. If the owner or operator has an approved closure plan, the 
closure cost estimate must be revised no later than 30 days after the 
Regional Administrator has approved the request to modify the closure 
plan, if the change in the closure plan increases the cost of closure. 
The revised closure cost estimate must be adjusted for inflation as 
specified in Sec. 265.142(b).
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest closure cost 
estimate prepared in accordance with Sec. Sec. 265.142 (a) and (c) and, 
when this estimate has been adjusted in accordance with Sec. 
265.142(b), the latest adjusted closure cost estimate.

[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16456, May 2, 1986; 54 FR 33397, Aug. 14, 1989; 57 FR 37267, Aug. 18, 
1992; 71 FR 40275, July 14, 2006]



Sec. 265.143  Financial assurance for closure.

    By the effective date of these regulations, an owner or operator of 
each facility must establish financial assurance for closure of the 
facility. He must choose from the options as specified in paragraphs (a) 
through (e) of this section.
    (a) Closure trust fund. (1) An owner or operator may satisfy the 
requirements of this section by establishing a closure trust fund which 
conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator. The trustee must be an entity which has the authority to 
act as a trustee and whose trust operations are regulated and examined 
by a Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 264.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current 
closure cost estimate covered by the agreement.
    (3) Payments into the trust fund must be made annually by the owner 
or operator over the 20 years beginning with the effective date of these 
regulations or over the remaining operating life of the facility as 
estimated in the closure plan, whichever period is shorter; this period 
is hereafter referred to as the ``pay-in period.'' The payments into the 
closure trust fund must be made as follows:
    (i) The first payment must be made by the effective date of these 
regulations, except as provided in paragraph (a)(5) of this section. The 
first payment must be at least equal to the current closure cost 
estimate, except as provided in Sec. 265.143(f), divided by the number 
of years in the pay-in period.
    (ii) Subsequent payments must be made no later than 30 days after 
each anniversary date of the first payment. The amount of each 
subsequent payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current closure cost estimate, CV is the current value 
of the trust fund, and Y is the number of years remaining in the pay-in 
period.

    (4) The owner or operator may accelerate payments into the trust 
fund or he may deposit the full amount of the current closure cost 
estimate at the

[[Page 635]]

time the fund is established. However, he must maintain the value of the 
fund at no less than the value that the fund would have if annual 
payments were made as specified in paragraph (a)(3) of this section.
    (5) If the owner or operator establishes a closure trust fund after 
having used one or more alternate mechanisms specified in this section, 
his first payment must be in at least the amount that the fund would 
contain if the trust fund were established initially and annual payments 
made as specified in paragraph (a)(3) of this section.
    (6) After the pay-in period is completed, whenever the current 
closure cost estimate changes, the owner or operator must compare the 
new estimate with the trustee's most recent annual valuation of the 
trust fund. If the value of the fund is less than the amount of the new 
estimate, the owner or operator, within 60 days after the change in the 
cost estimate, must either deposit an amount into the fund so that its 
value after this deposit at least equals the amount of the current 
closure cost estimate, or obtain other financial assurance as specified 
in this section to cover the difference.
    (7) If the value of the trust fund is greater than the total amount 
of the current closure cost estimate, the owner or operator may submit a 
written request to the Regional Administrator for release of the amount 
in excess of the current closure cost estimate.
    (8) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current closure cost estimate covered by the 
trust fund.
    (9) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (7) or (8) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) After beginning partial or final closure, an owner or operator 
or another person authorized to conduct partial or final closure may 
request reimbursements for partial or final closure expenditures by 
submitting itemized bills to the Regional Administrator. The owner or 
operator may request reimbursements for partial closure only if 
sufficient funds are remaining in the trust fund to cover the maximum 
costs of closing the facility over its remaining operating life. No 
later than 60 days after receiving bills for partial or final closure 
activities, the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator has reason 
to believe that the maximum cost of closure over the remaining life of 
the facility will be significantly greater than the value of the trust 
fund, he may withhold reimbursements of such amounts as he deems prudent 
until he determines, in accordance with Sec. 265.143(h) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (11) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.143(h).
    (b) Surety bond guaranteeing payment into a closure trust fund. (1) 
An owner or operator may satisfy the requirements of this section by 
obtaining a surety bond which conforms to the requirements of this 
paragraph and submitting the bond to the Regional Administrator. The 
surety company issuing the bond must, at a minimum, be among those 
listed as acceptable sureties on Federal bonds in Circular 570 of the 
U.S. Department of the Treasury.

[[Page 636]]

    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in Sec. 
265.143(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.143(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before the beginning of final closure of the facility; or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin final closure 
issued by the Regional Administrator becomes final, or within 15 days 
after an order to begin final closure is issued by a U.S. district court 
or other court of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current closure cost estimate, except as provided in Sec. 
265.143(f).
    (7) Whenever the current closure cost estimate increases to an 
amount greater than the penal sum, the owner or operator, within 60 days 
after the increase, must either cause the penal sum to be increased to 
an amount at least equal to the current closure cost estimate and submit 
evidence of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current closure cost estimate decreases, the penal sum may 
be reduced to the amount of the current closure cost estimate following 
written approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Closure letter of credit. (1) An owner or operator may satisfy 
the requirements of this section by obtaining an irrevocable standby 
letter of credit which conforms to the requirements of this paragraph 
and submitting the letter to the Regional Administrator. The issuing 
institution must be an entity which has the authority to issue letters 
of credit and whose letter-of-credit operations are regulated and 
examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(d).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the

[[Page 637]]

terms of the letter of credit, all amounts paid pursuant to a draft by 
the Regional Administrator will be deposited by the issuing institution 
directly into the standby trust fund in accordance with instructions 
from the Regional Administrator. This standby trust fund must meet the 
requirements of the trust fund specified in Sec. 265.143(a), except 
that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.143(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: The EPA 
Identification Number, name, and address of the facility, and the amount 
of funds assured for closure of the facility by the letter of credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current closure cost estimate, except as provided in Sec. 
265.143(f).
    (7) Whenever the current closure cost estimate increases to an 
amount greater than the amount of the credit, the owner or operator, 
within 60 days after the increase, must either cause the amount of the 
credit to be increased so that it at least equals the current closure 
cost estimate and submit evidence of such increase to the Regional 
Administrator, or obtain other financial assurance as specified in this 
section to cover the increase. Whenever the current closure cost 
estimate decreases, the amount of the credit may be reduced to the 
amount of the current closure cost estimate following written approval 
by the Regional Administrator.
    (8) Following a final administrative determination pursuant to 
section 3008 of RCRA that the owner or operator has failed to perform 
final closure in accordance with the approved closure plan when required 
to do so, the Regional Administrator may draw on the letter of credit.
    (9) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide al ter nate 
financial assurance as specified in this section and obtain written ap 
pro val of such assurance from the Regional Administrator.
    (10) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the

[[Page 638]]

requirements of this section in accordance with Sec. 265.143(h).
    (d) Closure insurance. (1) An owner or operator may satisfy the 
requirements of this section by obtaining closure insurance which 
conforms to the requirements of this paragraph and submitting a 
certificate of such insurance to the Regional Administrator. By the 
effective date of these regulations the owner or operator must submit to 
the Regional Administrator a letter from an insurer stating that the 
insurer is considering issuance of closure insurance conforming to the 
requirements of this paragraph to the owner or operator. Within 90 days 
after the effective date of these regulations, the owner or operator 
must submit the certificate of insurance to the Regional Administrator 
or establish other financial assurance as specified in this section. At 
a minimum, the insurer must be licensed to transact the business of 
insurance, or eligible to provide insurance as an excess or surplus 
lines insurer, in one or more States.
    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 264.151(e).
    (3) The closure insurance policy must be issued for a face amount at 
least equal to the current closure cost estimate, except as provided in 
Sec. 265.143(f). The term ``face amount'' means the total amount the 
insurer is obligated to pay under the policy. Actual payments by the 
insurer will not change the face amount, although the insurer's future 
liability will be lowered by the amount of the payments.
    (4) The closure insurance policy must guarantee that funds will be 
available to close the facility whenever final closure occurs. The 
policy must also guarantee that once final closure begins, the insurer 
will be responsible for paying out funds, up to an amount equal to the 
face amount of the policy, upon the direction of the Regional 
Administrator, to such party or parties as the Regional Administrator 
specifies.
    (5) After beginning partial or final closure, an owner or operator 
or any other person authorized to conduct closure may request 
reimbursements for closure expenditures by submitting itemized bills to 
the Regional Administrator. The owner or operator may request 
reimbursements for partial closure only if the remaining value of the 
policy is sufficient to cover the maximum costs of closing the facility 
over its remaining operating life. Within 60 days after receiving bills 
for closure activities, the Regional Administrator will instruct the 
insurer to make reimbursements in such amounts as the Regional 
Administrator specifies in writing if the Regional Administrator 
determines that the partial or final closure expenditures are in 
accordance with the approved closure plan or otherwise justified. If the 
Regional Administrator has reason to believe that the maximum cost of 
closure over the remaining life of the facility will be significantly 
greater than the face amount of the policy, he may withhold 
reimbursement of such amounts as he deems prudent until he determines, 
in accordance with Sec. 265.143(h), that the owner or operator is no 
longer required to maintain financial assurance for final closure of the 
particular facility. If the Regional Administrator does not instruct the 
insurer to make such reimbursements, he will provide to the owner or 
operator a detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (d)(10) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or

[[Page 639]]

fail to renew the policy except for failure to pay the premium. The 
automatic renewal of the policy must, at a minimum, provide the insured 
with the option of renewal at the face amount of the expiring policy. If 
there is a failure to pay the premium, the insurer may elect to cancel, 
terminate, or fail to renew the policy by sending notice by certified 
mail to the owner or operator and the Regional Administrator. 
Cancellation, termination, or failure to renew may not occur, however, 
during the 120 days beginning with the date of receipt of the notice by 
both the Regional Administrator and the owner or operator, as evidenced 
by the return receipts. Cancellation, termination, or failure to renew 
may not occur and the policy will remain in full force and effect in the 
event that on or before the date of expiration:
    (i) The Regional Administrator deems the facility abandoned; or
    (ii) Interim status is terminated or revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current closure cost estimate increases to an 
amount greater than the face amount of the policy, the owner or 
operator, within 60 days after the increase, must either cause the face 
amount to be increased to an amount at least equal to the current 
closure cost estimate and submit evidence of such increase to the 
Regional Administrator, or obtain other financial assurance as specified 
in this section to cover the increase. Whenever the current closure cost 
estimate decreases, the face amount may be reduced to the amount of the 
current closure cost estimate following written approval by the Regional 
Administrator.
    (10) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.143(h).
    (e) Financial test and corporate guarantee for closure. (1) An owner 
or operator may satisfy the requirements of this section by 
demonstrating that he passes a financial test as specified in this 
paragraph. To pass this test the owner or operator must meet the 
criteria of either paragraph (e)(1)(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: A ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current closure and post-closure cost estimates and 
the current plugging and abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current

[[Page 640]]

plugging and abandonment cost estimates.
    (2) The phrase ``current closure and post-closure cost estimates'' 
as used in paragraph (e)(1) of this section refers to the cost estimates 
required to be shown in paragraphs 1-4 of the letter from the owner's or 
operator's chief financial officer (Sec. 264.151(f)). The phrase 
``current plugging and abandonment cost estimates'' as used in paragraph 
(e)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 144.70(f) of this title).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(f); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and
    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) The owner or operator may obtain an extension of the time 
allowed for submission of the documents specified in paragraph (e)(3) of 
this section if the fiscal year of the owner or operator ends during the 
90 days prior to the effective date of these regulations and if the 
year-end financial statements for that fiscal year will be audited by an 
independent certified public accountant. The extension will end no later 
than 90 days after the end of the owner's or operator's fiscal year. To 
obtain the extension, the owner's or operator's chief financial officer 
must send, by the effective date of these regulations, a letter to the 
Regional Administrator of each Region in which the owner's or operator's 
facilities to be covered by the financial test are located. This letter 
from the chief financial officer must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, and current closure and post-
closure cost estimates to be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(e)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(e)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (e)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (e)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (e)(1) of this section, require reports of financial condition 
at any time from the

[[Page 641]]

owner or operator in addition to those specified in paragraph (e)(3) of 
this section. If the Regional Administrator finds, on the basis of such 
reports or other information, that the owner or operator no longer meets 
the requirements of paragraph (e)(1) of this section, the owner or 
operator must provide alternate financial assurance as specified in this 
section within 30 days after notification of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (e)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this section 
within 30 days after notification of the disallowance.
    (9) The owner or operator is no longer required to submit the items 
specified in paragraph (e)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.143(h).
    (10) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (e)(1) through (8) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
264.151(h). A certified copy of the guarantee must accompany the items 
sent to the Regional Administrator as specified in paragraph (e)(3) of 
this section. One of these items must be the letter from the guarantor's 
chief financial officer. If the guarantor's parent corporation is also 
the parent corporation of the owner or operator, the letter must 
describe the value received in consideration of the guarantee. If the 
guarantor is a firm with a ``substantial business relationship'' with 
the owner or operator, this letter must describe this ``substantial 
business relationship'' and the value received in consideration of the 
guarantee. The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform final closure of a 
facility covered by the corporate guarantee in accordance with the 
closure plan and other interim status requirements whenever required to 
do so, the guarantor will do so or establish a trust fund as specified 
in Sec. 265.143(a) in the name of the owner or operator.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternate financial 
assurance in the name of the owner or operator.
    (f) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds, letters of credit, and insurance. The mechanisms 
must be as specified in paragraphs (a) through (d), respectively, of 
this section, except that it is the combination of mechanisms, rather 
than the single mechanism, which must provide financial assurance for an

[[Page 642]]

amount at least equal to the current closure cost estimate. If an owner 
or operator uses a trust fund in combination with a surety bond or a 
letter of credit, he may use the trust fund as the standby trust fund 
for the other mechanisms. A single standby trust fund may be established 
for two or more mechanisms. The Regional Administrator may use any or 
all of the mechanisms to provide for closure of the facility.
    (g) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number, name, address, and the amount of funds for 
closure assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for closure of any of the facilities covered by the mechanism, the 
Regional Administrator may direct only the amount of funds designated 
for that facility, unless the owner or operator agrees to the use of 
additional funds available under the mechanism.
    (h) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that final closure has 
been completed in accordance with the approved closure plan, the 
Regional Administrator will notify the owner or operator in writing that 
he is no longer required by this section to maintain financial assurance 
for final closure of the facility, unless the Regional Administrator has 
reason to believe that final closure has not been in accordance with the 
approved closure plan. The Regional Administrator shall provide the 
owner or operator a detailed written statement of any such reason to 
believe that closure has not been in accordance with the approved 
closure plan.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16456, May 2, 1986; 57 
FR 42843, Sept. 16, 1992; 71 FR 16909, Apr. 4, 2006]



Sec. 265.144  Cost estimate for post-closure care.

    (a) The owner or operator of a hazardous waste disposal unit must 
have a detailed written estimate, in current dollars, of the annual cost 
of post-closure monitoring and maintenance of the facility in accordance 
with the applicable post-closure regulations in Sec. Sec. 265.117 
through 265.120, 265.228, 265.258, 265.280, and 265.310.
    (1) The post-closure cost estimate must be based on the costs to the 
owner or operator of hiring a third party to conduct post-closure care 
activities. A third party is a party who is neither a parent nor 
subsidiary of the owner or operator. (See definition of parent 
corporation in Sec. 265.141(d).)
    (2) The post-closure cost estimate is calculated by multiplying the 
annual post-closure cost estimate by the number of years of post-closure 
care required under Sec. 265.117.
    (b) During the active life of the facility, the owner or operator 
must adjust the post-closure cost estimate for inflation within 60 days 
prior to the anniversary date of the establishment of the financial 
instrument(s) used to comply with Sec. 265.145. For owners or operators 
using the financial test or corporate guarantee, the post-closure care 
cost estimate must be updated for inflation no later than 30 days after 
the close of the firm's fiscal year and before submission of updated 
information to the Regional Administrator as specified in Sec. 
265.145(d)(5). The adjustment may be made by recalculating the post-
closure cost estimate in current dollars or by using an inflation factor 
derived from the most recent Implicit Price Deflator for Gross National 
Product published by the U.S. Department of Commerce in its Survey of 
Current Business as specified in Sec. 265.145 (b)(1) and (2). The 
inflation factor is the result of dividing the latest published annual

[[Page 643]]

Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the post-closure 
cost es ti mate by the inflation factor. The result is the adjusted 
post-closure cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted post-closure cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the post-closure cost estimate no later than 30 days after a 
revision to the post-closure plan which increases the cost of post-
closure care. If the owner or operator has an approved post-closure 
plan, the post-closure cost estimate must be revised no later than 30 
days after the Regional Administrator has approved the request to modify 
the plan, if the change in the post-closure plan increases the cost of 
post-closure care. The revised post-closure cost estimate must be 
adjusted for inflation as specified in Sec. 265.144(b).
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: the latest post-closure cost 
estimate prepared in accordance with Sec. 265.144 (a) and (c) and, when 
this estimate has been adjusted in accordance with Sec. 265.144(b), the 
latest adjusted post-closure cost estimate.

[47 FR 15064, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 
FR 16457, May 2, 1986]



Sec. 265.145  Financial assurance for post-closure care.

    By the effective date of these regulations, an owner or operator of 
a facility with a hazardous waste disposal unit must establish financial 
assurance for post-closure care of the disposal unit(s).
    (a) Post-closure trust fund. (1) An owner or operator may satisfy 
the requirements of this section by establishing a post-closure trust 
fund which conforms to the requirements of this paragraph and submitting 
an originally signed duplicate of the trust agreement to the Regional 
Administrator. The trustee must be an entity which has the authority to 
act as a trustee and whose trust operations are regulated and examined 
by a Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 264.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current post-
closure cost estimate covered by the agreement.
    (3) Payments into the trust fund must be made annually by the owner 
or operator over the 20 years beginning with the effective date of these 
regulations or over the remaining operating life of the facility as 
estimated in the closure plan, whichever period is shorter; this period 
is hereafter referred to as the ``pay-in period.'' The payments into the 
post-closure trust fund must be made as follows:
    (i) The first payment must be made by the effective date of these 
regulations, except as provided in paragraph (a)(5) of this section. The 
first payment must be at least equal to the current post-closure cost 
estimate, except as provided in Sec. 265.145(f), divided by the number 
of years in the pay-in period.
    (ii) Subsequent payments must be made no later than 30 days after 
each anniversary date of the first payment. The amount of each 
subsequent payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050

where CE is the current post-closure cost estimate, CV is the current 
value of the trust fund, and Y is the number of years remaining in the 
pay-in period.

    (4) The owner or operator may accelerate payments into the trust 
fund or he may deposit the full amount of the current post-closure cost 
estimate at the time the fund is established. However, he must maintain 
the value of the fund at no less than the value that the fund would have 
if annual payments were made as specified in paragraph (a)(3) of this 
section.
    (5) If the owner or operator establishes a post-closure trust fund 
after having used one or more alternate mechanisms specified in this 
section,

[[Page 644]]

his first payment must be in at least the amount that the fund would 
contain if the trust fund were established initially and annual payments 
made as specified in paragraph (a)(3) of this section.
    (6) After the pay-in period is completed, whenever the current post-
closure cost estimate changes during the operating life of the facility, 
the owner or operator must compare the new estimate with the trustee's 
most recent annual valuation of the trust fund. If the value of the fund 
is less than the amount of the new estimate, the owner or operator, 
within 60 days after the change in the cost estimate, must either 
deposit an amount into the fund so that its value after this deposit at 
least equals the amount of the current post-closure cost estimate, or 
obtain other financial assurance as specified in this section to cover 
the difference.
    (7) During the operating life of the facility, if the value of the 
trust fund is greater than the total amount of the current post-closure 
cost estimate, the owner or operator may submit a written request to the 
Regional Administrator for release of the amount in excess of the 
current post-closure cost estimate.
    (8) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current post-closure cost estimate covered 
by the trust fund.
    (9) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (7) or (8) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing.
    (10) During the period of post-closure care, the Regional 
Administrator may approve a release of funds if the owner or operator 
demonstrates to the Regional Administrator that the value of the trust 
fund exceeds the remaining cost of post-closure care.
    (11) An owner or operator or any other person authorized to conduct 
post-closure care may request reimbursements for post-closure 
expenditures by submitting itemized bills to the Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure expenditures are in accordance with the approved post-closure 
plan or otherwise justified. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide the 
owner or operator with a detailed written statement of reasons.
    (12) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.145(h).
    (b) Surety bond guaranteeing payment into a post-closure trust fund. 
(1) An owner or operator may satisfy the requirements of this section by 
obtaining a surety bond which conforms to the requirements of this 
paragraph and submitting the bond to the Regional Administrator. The 
surety company issuing the bond must, at a minimum, be among those 
listed as acceptable sureties on Federal bonds in Circular 570 of the 
U.S. Department of the Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in Sec. 
265.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and

[[Page 645]]

    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in Sec. 265.145(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current post-closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before the beginning of final closure of the facility; or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin final closure 
issued by the Regional Administrator becomes final, or within 15 days 
after an order to begin final closure is issued by a U.S. district court 
or other court of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current post-closure cost estimate, except as provided in Sec. 
265.145(f).
    (7) Whenever the current post-closure cost estimate increases to an 
amount greater than the penal sum, the owner or operator, within 60 days 
after the increase, must either cause the penal sum to be increased to 
an amount at least equal to the current post-closure cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current post-closure cost estimate decreases, 
the penal sum may be reduced to the amount of the current post- closure 
cost estimate following written approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Post-closure letter of credit. (1) An owner or operator may 
satisfy the requirements of this section by obtaining an irrevocable 
standby letter of credit which conforms to the requirements of this 
paragraph and submitting the letter to the Regional Administrator. The 
issuing institution must be an entity which has the authority to issue 
letters of credit and whose letter-of-credit operations are regulated 
and examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(d).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in Sec. 
265.145(a), except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of

[[Page 646]]

this section, the following are not required by these regulations:
    (A) Payments into the trust fund as specified in Sec. 265.145(a);
    (B) Updating of Schedule A of the trust agreement (see Sec. 
264.151(a)) to show current post-closure cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: The EPA 
Identification Number, name, and address of the facility, and the amount 
of funds assured for post-closure care of the facility by the letter of 
credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current post-closure cost estimate, except as provided in Sec. 
265.145(f).
    (7) Whenever the current post-closure cost estimate increases to an 
amount greater than the amount of the credit during the operating life 
of the facility, the owner or operator, within 60 days after the 
increase, must either cause the amount of the credit to be increased so 
that it at least equals the current post-closure cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current post-closure cost estimate decreases 
during the operating life of the facility, the amount of the credit may 
be reduced to the amount of the current post-closure cost estimate 
following written approval by the Regional Administrator.
    (8) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the amount of the letter of 
credit if the owner or operator demonstrates to the Regional 
Administrator that the amount exceeds the remaining cost of post-closure 
care.
    (9) Following a final administrative determination pursuant to 
section 3008 of RCRA that the owner or operator has failed to perform 
post-closure care in accordance with the approved post-closure plan and 
other permit requirements, the Regional Administrator may draw on the 
letter of credit.
    (10) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this section and obtain written 
approval of such assurance from the Regional Administrator.
    (11) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.145(h).
    (d) Post-closure insurance. (1) An owner or operator may satisfy the 
requirements of this section by obtaining post-closure insurance which 
conforms

[[Page 647]]

to the requirements of this paragraph and submitting a certificate of 
such insurance to the Regional Administrator. By the effective date of 
these regulations the owner or operator must submit to the Regional 
Administrator a letter from an insurer stating that the insurer is 
considering issuance of post- closure insurance conforming to the 
requirements of this paragraph to the owner or operator. Within 90 days 
after the effective date of these regulations, the owner or operator 
must submit the certificate of insurance to the Regional Administrator 
or establish other financial assurance as specified in this section. At 
a minimum, the insurer must be licensed to transact the business of 
insurance, or eligible to provide insurance as an excess or surplus 
lines insurer, in one or more States.
    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 264.151(e).
    (3) The post-closure insurance policy must be issued for a face 
amount at least equal to the current post-closure cost estimate, except 
as provided in Sec. 265.145(f). The term ``face amount'' means the 
total amount the insurer is obligated to pay under the policy. Actual 
payments by the insurer will not change the face amount, although the 
insurer's future liability will be lowered by the amount of the 
payments.
    (4) The post-closure insurance policy must guarantee that funds will 
be available to provide post-closure care of the facility whenever the 
post-closure period begins. The policy must also guarantee that once 
post-closure care begins the insurer will be responsible for paying out 
funds, up to an amount equal to the face amount of the policy, upon the 
direction of the Regional Administrator, to such party or parties as the 
Regional Administrator specifies.
    (5) An owner or operator or any other person authorized to perform 
post-closure care may request reimbursement for post-closure care 
expenditures by submitting itemized bills to the Regional Administrator. 
Within 60 days after receiving bills for post-closure care activities, 
the Regional Administrator will instruct the insurer to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the post-
closure expenditures are in accordance with the approved post-closure 
plan or otherwise justified. If the Regional Administrator does not 
instruct the insurer to make such reimbursements, he will provide a 
detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (d)(11) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in the section, will 
constitute a significant violation of these regulations, warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy most contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:

[[Page 648]]

    (i) The Regional Administrator deems the facility abandoned; or
    (ii) Interim status is terminated or revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current post-closure cost estimate increases to an 
amount greater than the face amount of the policy during the operating 
life of the facility, the owner or operator, within 60 days after the 
increase, must either cause the face amount to be increased to an amount 
at least equal to the current post-closure cost estimate and submit 
evidence of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current post-closure cost estimate decreases during the 
operating life of the facility, the face amount may be reduced to the 
amount of the current post-closure cost estimate following written 
approval by the Regional Administrator.
    (10) Commencing on the date that liability to make payments pursuant 
to the policy accrues, the insurer will thereafter annually increase the 
face amount of the policy. Such increase must be equivalent to the face 
amounts of the policy, less any payments made, multiplied by an amount 
equivalent to 85 percent of the most recent investment rate or of the 
equivalent coupon-issue yield announced by the U.S. Treasury for 26-week 
Treasury securities.
    (11) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.145(h).
    (e) Financial test and corporate guarantee for post-closure care. 
(1) An owner or operator may satisfy the requirements of this section by 
demonstrating that he passes a financial test as specified in this 
paragraph. To pass this test the owner or operator must meet the 
criteria either of paragraph (e)(1)(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: a ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current closure and post-closure cost estimates and 
the current plugging and abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets in the United States amounting to at least 90 percent of 
his total assets or at least six times the sum of the current closure 
and post-closure cost estimates and the cur rent plugging and 
abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of his total assets or at least six times the sum of the current 
closure and post-closure cost estimates and the current plugging and 
abandonment cost estimates.
    (2) The phrase ``current closure and post-closure cost estimates'' 
as used in paragraph (e)(1) of this section refers to the cost estimates 
required to be shown in paragraphs 1-4 of the letter from the owner's or 
operator's chief financial officer (Sec. 264.151(f)). The phrase 
``current plugging and abandonment

[[Page 649]]

cost estimates'' as used in paragraph (e)(1) of this section refers to 
the cost estimates required to be shown in paragraphs 1-4 of the letter 
from the owner's or operator's chief financial officer (Sec. 144.70(f) 
of this title).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(f); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and
    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) The owner or operator may obtain an extension of the time 
allowed for submission of the documents specified in paragraph (e)(3) of 
this section if the fiscal year of the owner or operator ends during the 
90 days prior to the effective date of these regulations and if the 
year-end financial statements for that fiscal year will be audited by an 
independent certified public accountant. The extension will end no later 
than 90 days after the end of the owner's or operator's fiscal year. To 
obtain the extension, the owner's or operator's chief financial officer 
must send, by the effective date of these regulations, a letter to the 
Regional Administrator of each Region in which the owner's or operator's 
facilities to be covered by the financial test are located. This letter 
from the chief financial officer must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, and the current closure and post-
closure cost estimates to be covered by the test;
    (iv) Specify the date ending the owner's or operator's latest 
complete fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(e)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be au dited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(e)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (e)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (e)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (e)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (e)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (e)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as

[[Page 650]]

specified in this section within 30 days after notification of such a 
finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (e)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this section 
within 30 days after notification of the disallowance.
    (9) During the period of post-closure care, the Regional 
Administrator may approve a decrease in the current post-closure cost 
estimate for which this test demonstrates financial assurance if the 
owner or operator demonstrates to the Regional Administrator that the 
amount of the cost estimate exceeds the remaining cost of post-closure 
care.
    (10) The owner or operator is no longer required to submit the items 
specified in paragraph (e)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with Sec. 265.145(h).
    (11) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (e)(1) through (9) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
264.151(h). A certified copy of the guarantee must accompany the items 
sent to the Regional Administrator as specified in paragraph (e)(3) of 
this section. One of these items must be the letter from the guarantor's 
chief financial officer. If the guarantor's parent corporation is also 
the parent corporation of the owner or operator, the letter must 
describe the value received in consideration of the guarantee. If the 
guarantor is a firm with a ``substantial business relationship'' with 
the owner or operator, this letter must describe this ``substantial 
business relationship'' and the value received in consideration of the 
guarantee. The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform post-closure care of a 
facility covered by the corporate guarantee in accordance with the post-
closure plan and other interim status requirements whenever required to 
do so, the guarantor will do so or establish a trust fund as specified 
in Sec. 265.145(a) in the name of the owner or operator.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternate financial 
assurance in the name of the owner or operator.
    (f) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds, letters of credit, and insurance. The mechanisms 
must be as specified in paragraphs (a) through (d), respectively, of 
this section, except that it is the combination of mechanisms, rather 
than the single mechanism, which

[[Page 651]]

must provide financial assurance for an amount at least equal to the 
current post-closure cost estimate. If an owner or operator uses a trust 
fund in combination with a surety bond or a letter of credit, he may use 
the trust fund as the standby trust fund for the other mechanisms. A 
single standby trust fund may be established for two or more mechanisms. 
The Regional Administrator may use any or all of the mechanisms to 
provide for post-closure care of the facility.
    (g) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number, name, address, and the amount of funds for post-
closure care assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for post-closure care of any of the facilities covered by the mechanism, 
the Regional Administrator may direct only the amount of funds 
designated for that facility, unless the owner or operator agrees to the 
use of additional funds available under the mechanism.
    (h) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that the post-closure 
care period has been completed for a hazardous waste disposal unit in 
accordance with the approved plan, the Regional Administrator will 
notify the owner or operator in writing that he is no longer required to 
maintain financial assurance for post-closure care of that unit, unless 
the Regional Administrator has reason to believe that post-closure care 
has not been in accordance with the approved post-closure plan. The 
Regional Administrator shall provide the owner or operator a detailed 
written statement of any such reason to believe that post-closure care 
has not been in accordance with the approved post-closure plan.

[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16457, May 2, 1986; 57 
FR 42843, Sept. 16, 1992; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, July 
14, 2006]



Sec. 265.146  Use of a mechanism for financial assurance of both closure and 

post-closure care.

    An owner or operator may satisfy the requirements for financial 
assurance for both closure and post-closure care for one or more 
facilities by using a trust fund, surety bond, letter of credit, 
insurance, financial test, or corporate guarantee that meets the 
specifications for the mechanism in both Sec. Sec. 265.143 and 265.145. 
The amount of funds available through the mechanism must be no less than 
the sum of funds that would be available if a separate mechanism had 
been established and maintained for financial assurance of closure and 
of post-closure care.



Sec. 265.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous waste treatment, storage, or disposal facility, or a 
group of such facilities, must demonstrate financial responsibility for 
bodily injury and property damage to third parties caused by sudden 
accidental occurrences arising from operations of the facility or group 
of facilities. The owner or operator must have and maintain liability 
coverage for sudden accidental occurrences in the amount of at least $1 
million per occurrence with an annual aggregate of at least $2 million, 
exclusive of legal defense costs. This liability coverage may be 
demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or 
(6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.

[[Page 652]]

    (i) Each insurance policy must be amended by attachment of the 
Hazardous Waste Facility Liability Endorsement, or evidenced by a 
Certificate of Liability Insurance. The wording of the endorsement must 
be identical to the wording specified in Sec. 264.151(i). The wording 
of the certificate of insurance must be identical to the wording 
specified in Sec. 264.151(j). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrator if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous waste treatment, storage, or disposal 
facility is entered between the owner or operator and third-party 
claimant for liability coverage under paragraphs (a)(1) through (a)(6) 
of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous waste treatment, 
storage, or disposal facility is issued against the owner or operator or 
an instrument that is providing financial assurance for liability 
coverage under paragraphs (a)(1) through (a)(6) of this section.
    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a surface impoundment, landfill, or land treatment facility 
which is used to manage hazardous waste, or a group of such facilities, 
must demonstrate financial responsibility for bodily injury and property 
damage to third parties caused by nonsudden accidental occurrences 
arising from operations of the facility or group of facilities. The 
owner or operator must have and maintain liability coverage for 
nonsudden accidental occurrences in the amount of at least $3 million 
per occurrence with an annual aggregate of at least $6 million, 
exclusive of legal defense costs. An owner or operator who must

[[Page 653]]

meet the requirements of this section may combine the required per-
occurrence coverage levels for sudden and nonsudden accidental 
occurrences into a single per-occurrence level, and combine the required 
annual aggregate coverage levels for sudden and nonsudden accidental 
occurrences into a single annual aggregate level. Owners or operators 
who combine coverage levels for sudden and nonsudden accidental 
occurrences must maintain liability coverage in the amount of at least 
$4 million per occurrence and $8 million annual aggregate. This 
liability coverage may be demonstrated as specified in paragraph (b) 
(1), (2), (3), (4), (5), or (6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Waste Facility Liability Endorsement or evidenced by a 
Certificate of Liability Insurance. The wording of the endorsement must 
be identical to the wording specified in Sec. 264.151(i). The wording 
of the certificate of insurance must be identical to the wording 
specified in Sec. 264.151(j). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrators if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (b)(1) through (b)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous waste treatment, storage, or disposal 
facility is entered between the owner or operator and third-party 
claimant for liability coverage under paragraphs (b)(1) through (b)(6) 
of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous waste treatment, 
storage, or disposal facility is issued against the owner or operator

[[Page 654]]

or an instrument that is providing financial assurance for liability 
coverage under paragraphs (b)(1) through (b)(6) of this section.
    (c) Request for variance. If an owner or operator can demonstrate to 
the satisfaction of the Regional Administrator that the levels of 
financial responsibility required by paragraph (a) or (b) of this 
section are not consistent with the degree and duration of risk 
associated with treatment, storage, or disposal at the facility or group 
of facilities, the owner or operator may obtain a variance from the 
Regional Administrator. The request for a variance must be submitted in 
writing to the Regional Administrator. If granted, the variance will 
take the form of an adjusted level of required liability coverage, such 
level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section. The 
Regional Administrator will process a variance request as if it were a 
permit modification request under Sec. 270.41(a)(5) of this chapter and 
subject to the procedures of Sec. 124.5 of this chapter. 
Notwithstanding any other provision, the Regional Administrator may hold 
a public hearing at his discretion or whenever he finds, on the basis of 
requests for a public hearing, a significant degree of pubic interest in 
a tentative decision to grant a variance.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator determines that the levels of financial responsibility 
required by paragraph (a) or (b) of this section are not consistent with 
the degree and duration of risk associated with treatment, storage, or 
disposal at the facility or group of facilities, the Regional 
Administrator may adjust the level of financial responsibility required 
under paragraph (a) or (b) of this section as may be necessary to 
protect human health and the environment. This adjusted level will be 
based on the Regional Administrator's assessment of the degree and 
duration of risk associated with the ownership or operation of the 
facility or group of facilities. In addition, if the Regional 
Administrator determines that there is a significant risk to human 
health and the environment from nonsudden accidental occurrences 
resulting from the operations of a facility that is not a surface 
impoundment, landfill, or land treatment facility, he may require that 
an owner or operator of the facility comply with paragraph (b) of this 
section. An owner or operator must furnish to the Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage. The Regional 
Administrator will process an adjustment of the level of required 
coverage as if it were a permit modification under Sec. 270.41(a)(5) of 
this chapter and subject to the procedures of Sec. 124.5 of this 
chapter. Notwithstanding any other provision, the Regional Administrator 
may hold a public hearing at his discretion or whenever he finds, on the 
basis of requests for a public hearing, a significant degree of public 
interest in a tentative decision to adjust the level or type of required 
coverage.
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and a qualified Professional 
Engineer that final closure has been completed in accordance with the 
approved closure plan, the Regional Administrator will notify the owner 
or operator in writing that he is no longer required by this section to 
maintain liability coverage for that facility, unless the Regional 
Administrator has reason to believe that closure has not been in 
accordance with the approved closure plan.
    (f) Financial test for liability coverage. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of paragraph (f)(1) 
(i) or (ii) of this section:
    (i) The owner or operator must have:

[[Page 655]]

    (A) Net working capital and tangible net worth each at least six 
times the amount of liability coverage to be demonstrated by this test; 
and
    (B) Tangible net worth of at least $10 million; and
    (C) Assets in the United States amounting to either: (1) At least 90 
percent of his total assets; or (2) at least six times the amount of 
liability coverage to be demonstrated by this test.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth of at least $10 million; and
    (C) Tangible net worth at least six times the amount of liability 
coverage to be demonstrated by this test; and
    (D) Assets in the United States amounting to either: (1) At least 90 
percent of his total assets; or (2) at least six times the amount of 
liability coverage to be demonstrated by this test.
    (2) The phrase ``amount of liability coverage'' as used in paragraph 
(f)(1) of this section refers to the annual aggregate amounts for which 
coverage is required under paragraphs (a) and (b) of this section.
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 264.151(g). If an owner or 
operator is using the financial test to demonstrate both assurance for 
closure or post-closure care, as specified by Sec. Sec. 264.143(f), 
264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must 
submit the letter specified in Sec. 264.151(g) to cover both forms of 
financial responsibility; a separate letter as specified in Sec. 
264.151(f) is not required.
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year.
    (iii) A special report from the owner's or operator's independent 
certified public accountant to the owner or operator stating that:
    (A) He has compared the data which the letter from the chief 
financial officer specifies as having been derived from the 
independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements; and
    (B) In connection with that procedure, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (4) The owner or operator may obtain a one-time extension of the 
time allowed for submission of the documents specified in paragraph 
(f)(3) of this section if the fiscal year of the owner or operator ends 
during the 90 days prior to the effective date of these regulations and 
if the year-end financial statements for that fiscal year will be 
audited by an independent certified public accountant. The extension 
will end no later than 90 days after the end of the owner's or 
operator's fiscal year. To obtain the extension, the owner's or 
operator's chief financial officer must send, by the effective date of 
these regulations, a letter to the Regional Administrator of each Region 
in which the owner's or operator's facilities to be covered by the 
financial test are located. This letter from the chief financial officer 
must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, the amount of liability coverage 
and, when applicable, current closure and post-closure cost estimates to 
be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(f)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.

[[Page 656]]

    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must obtain insurance, a letter of 
credit, a surety bond, a trust fund, or a guarantee for the entire 
amount of required liability coverage as specified in this section. 
Evidence of liability coverage must be submitted to the Regional 
Administrator within 90 days after the end of the fiscal year for which 
the year-end financial data show that the owner or operator no longer 
meets the test requirements.
    (7) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide evidence of insurance for the entire amount of required 
liability coverage as specified in this section within 30 days after 
notification of disallowance.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(6) of this section. The 
wording of the guarantee must be identical to the wording specified in 
Sec. 264.151(h)(2) of this chapter. A certified copy of the guarantee 
must accompany the items sent to the Regional Administrator as specified 
in paragraph (f)(3) of this section. One of these items must be the 
letter from the guarantor's chief financial officer. If the guarantor's 
parent corporation is also the parent corporation of the owner or 
operator, this letter must describe the value received in consideration 
of the guarantee. If the guarantor is a firm with a ``substantial 
business relationship'' with the owner or operator, this letter must 
describe this ``substantial business relationship'' and the value 
received in consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden or nonsudden accidental occurrences (or both as 
the case may be), arising from the operation of facilities covered by 
this corporate guarantee, or fails to pay an amount agreed to in 
settlement of claims arising from or alleged to arise from such injury 
or damage, the guarantor will do so up to the limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of (A) 
the State in which the guarantor is incorporated, and (B) each State in 
which a facility covered by the guarantee is located have submitted a 
written statement to EPA that a guarantee executed as described in this 
section and Sec. 264.151(h)(2) is a legally valid and enforceable 
obligation in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if (A) the non-U.S. corporation has identified a registered 
agent for service of process in each State in which a facility covered 
by the guarantee is located and in the State in which it has its 
principal place of business, and if (B) the Attorney General or 
Insurance Commissioner of each State in which a facility covered by the 
guarantee is located and

[[Page 657]]

the State in which the guarantor corporation has its principal place of 
business, has submitted a written statement to EPA that a guarantee 
executed as described in this section and Sec. 264.151(h)(2) is a 
legally valid and enforceable obligation in that State.
    (h) Letter of credit for liability coverage. (1) An owner or 
operator may satisfy the requirements of this section by obtaining an 
irrevocable standby letter of credit that conforms to the requirements 
of this paragraph and submitting a copy of the letter of credit to the 
Regional Administrator.
    (2) The financial institution issuing the letter of credit must be 
an entity that has the authority to issue letters of credit and whose 
letter of credit operations are regulated and examined by a Federal or 
State agency.
    (3) The wording of the letter of credit must be identical to the 
wording specified in Sec. 264.151(k) of this chapter.
    (4) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section may also establish a standby trust fund. 
Under the terms of such a letter of credit, all amounts paid pursuant to 
a draft by the trustee of the standby trust will be deposited by the 
issuing institution into the standby trust in accordance with 
instructions from the trustee. The trustee of the standby trust fund 
must be an entity which has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal or State 
agency.
    (5) The wording of the standby trust fund must be identical to the 
wording specified in Sec. 264.151(n).
    (i) Surety bond for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by obtaining a surety bond that 
conforms to the requirements of this paragraph and submitting a copy of 
the bond to the Regional Administrator.
    (2) The surety company issuing the bond must be among those listed 
as acceptable sureties on Federal bonds in the most recent Circular 570 
of the U.S. Department of the Treasury.
    (3) The wording of the surety bond must be identical to the wording 
specified in Sec. 264.151(l) of this chapter.
    (4) A surety bond may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of (i) 
the State in which the surety is incorporated, and (ii) each State in 
which a facility covered by the surety bond is located have submitted a 
written statement to EPA that a surety bond executed as described in 
this section and Sec. 264.151(l) of this chapter is a legally valid and 
enforceable obligation in that State.
    (j) Trust fund for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by establishing a trust fund 
that conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator.
    (2) The trustee must be an entity which has the authority to act as 
a trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (3) The trust fund for liability coverage must be funded for the 
full amount of the liability coverage to be provided by the trust fund 
before it may be relied upon to satisfy the requirements of this 
section. If at any time after the trust fund is created the amount of 
funds in the trust fund is reduced below the full amount of the 
liability coverage to be provided, the owner or operator, by the 
anniversary date of the establishment of the Fund, must either add 
sufficient funds to the trust fund to cause its value to equal the full 
amount of liability coverage to be provided, or obtain other financial 
assurance as specified in this section to cover the difference. For 
purposes of this paragraph, ``the full amount of the liability coverage 
to be provided'' means the amount of coverage for sudden and/or 
nonsudden occurrences required to be provided by the owner or operator 
by this section, less the amount of financial assurance for liability 
coverage that is being pro vided by other financial assurance mechanisms 
being used to de mon strate financial assurance by the owner or 
operator.
    (4) The wording of the trust fund must be identical to the wording 
specified in Sec. 264.151(m) of this part.
    (k) Notwithstanding any other provision of this part, an owner or 
operator using liability insurance to satisfy the

[[Page 658]]

requirements of this section may use, until October 16, 1982, a 
Hazardous Waste Facility Liability Endorsement or Certificate of 
Liability Insurance that does not certify that the insurer is licensed 
to transact the business of insurance, or eligible as an excess or 
surplus lines insurer, in one or more States.

[47 FR 16558, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47 
FR 30447, July 13, 1982; 48 FR 30115, June 30, 1983; 51 FR 16458, May 2, 
1986; 51 FR 25355, July 11, 1986; 52 FR 44321, Nov. 18, 1987; 53 FR 
33959, Sept. 1, 1988; 56 FR 30200, July 1, 1991; 56 FR 47912, Sept. 23, 
1991; 57 FR 42843, Sept. 16, 1992; 71 FR 16910, Apr. 4, 2006; 71 FR 
40275, July 14, 2006]



Sec. 265.148  Incapacity of owners or operators, guarantors, or financial 

institutions.

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in Sec. Sec. 
265.143(e) and 265.145(e) must make such a notification if he is named 
as debtor, as required under the terms of the corporate guarantee (Sec. 
264.151(h)).
    (b) An owner or operator who fulfills the requirements of Sec. 
265.143, Sec. 265.145, or Sec. 265.147 by obtaining a trust fund, 
surety bond, letter of credit, or insurance policy will be deemed to be 
without the required financial assurance or liability coverage in the 
event of bankruptcy of the trustee or issuing institution, or a 
suspension or revocation of the authority of the trustee institution to 
act as trustee or of the institution issuing the surety bond, letter of 
credit, or insurance policy to issue such instruments. The owner or 
operator must establish other financial assurance or liability coverage 
within 60 days after such an event.



Sec. 265.149  Use of State-required mechanisms.

    (a) For a facility located in a State where EPA is administering the 
requirements of this subpart but where the State has hazardous waste 
regulations that include requirements for financial assurance of closure 
or post-closure care or liability coverage, an owner or operator may use 
State-required financial mechanisms to meet the requirements of Sec. 
265.143, Sec. 265.145, or Sec. 265.147 if the Regional Administrator 
determines that the State mechanisms are at least equivalent to the 
financial mechanisms specified in this subpart. The Regional 
Administrator will evaluate the equivalency of the mechanisms 
principally in terms of (1) certainty of the availability of funds for 
the required closure or post-closure care activities or liability 
coverage and (2) the amount of funds that will be made available. The 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator evidence of the establishment of the mechanism together 
with a letter requesting that the State-required mechanism be considered 
acceptable for meeting the requirements of this subpart. The submission 
must include the following information: The facility's EPA 
Identification Number, name, and address, and the amount of funds for 
closure or post-closure care or liability coverage assured by the 
mechanism. The Regional Administrator will notify the owner or operator 
of his determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 265.143, Sec. 265.145, or 
Sec. 265.147, as applicable.
    (b) If a State-required mechanism is found acceptable as specified 
in paragraph (a) of this section except for the amount of funds 
available, the owner or operator may satisfy the requirements of this 
subpart by increasing the funds available through the State-required 
mechanism or using additional financial mechanisms as specified in this 
subpart. The amount of funds available through the State and Federal 
mechanisms must at least equal the amount required by this subpart.

[[Page 659]]



Sec. 265.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure, post-closure care, or liability 
requirements of this part or assures that funds will be available from 
State sources to cover those requirements, the owner or operator will be 
in compliance with the requirements of Sec. 265.143, Sec. 265.145, or 
Sec. 265.147 if the Regional Administrator determines that the State's 
assumption of responsibility is at least equivalent to the financial 
mechanisms specified in this subpart. The Regional Administrator will 
evaluate the equivalency of State guarantees principally in terms of (1) 
certainty of the availability of funds for the required closure or post-
closure care activities or liability coverage and (2) the amount of 
funds that will be made available. The Regional Administrator may also 
consider other factors as he deems appropriate. The owner or operator 
must submit to the Regional Administrator a letter from the State 
describing the nature of the State's assumption of responsibility 
together with a letter from the owner or operator requesting that the 
State's assumption of responsibility be considered acceptable for 
meeting the requirements of this subpart. The letter from the State must 
include, or have attached to it, the following information: The 
facility's EPA Identification Number, name, and address, and the amount 
of funds for closure or post-closure care or liability coverage that are 
guaranteed by the State. The Regional Administrator will notify the 
owner or operator of his determination regarding the acceptability of 
the State's guarantee in lieu of financial mechanisms specified in this 
subpart. The Regional Administrator may require the owner or operator to 
submit additional information as is deemed necessary to make this 
determination. Pending this determination, the owner or operator will be 
deemed to be in compliance with the requirements of Sec. Sec. 265.143, 
Sec. 265.145, or Sec. 265.147, as applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



               Subpart I_Use and Management of Containers



Sec. 265.170  Applicability.

    The regulations in this subpart apply to owners and operators of all 
hazardous waste facilities that store containers of hazardous waste, 
except as Sec. 265.1 provides otherwise.



Sec. 265.171  Condition of containers.

    If a container holding hazardous waste is not in good condition, or 
if it begins to leak, the owner or operator must transfer the hazardous 
waste from this container to a container that is in good condition, or 
manage the waste in some other way that complies with the requirements 
of this part.



Sec. 265.172  Compatibility of waste with container.

    The owner or operator must use a container made of or lined with 
materials which will not react with, and are otherwise compatible with, 
the hazardous waste to be stored, so that the ability of the container 
to contain the waste is not impaired.



Sec. 265.173  Management of containers.

    (a) A container holding hazardous waste must always be closed during 
storage, except when it is necessary to add or remove waste.
    (b) A container holding hazardous waste must not be opened, handled, 
or stored in a manner which may rupture the container or cause it to 
leak.

[Comment: Re-use of containers in transportation is governed by U.S. 
Department of Transportation regulations, including those set forth in 
49 CFR 173.28.]

[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980]

[[Page 660]]



Sec. 265.174  Inspections.

    At least weekly, the owner or operator must inspect areas where 
containers are stored, except for Performance Track member facilities, 
that must conduct inspections at least once each month, upon approval by 
the Director. To apply for reduced inspection frequency, the Performance 
Track member facility must follow the procedures described in Sec. 
265.15(b)(5) of this part. The owner or operator must look for leaking 
containers and for deterioration of containers caused by corrosion or 
other factors.


[Comment: See Sec. 265.171 for remedial action required if 
deterioration or leaks are detected.]

[71 FR 16910, Apr. 4, 2006, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.175  [Reserved]



Sec. 265.176  Special requirements for ignitable or reactive waste.

    Containers holding ignitable or reactive waste must be located at 
least 15 meters (50 feet) from the facility's property line.

[Comment: See Sec. 265.17(a) for additional requirements.]



Sec. 265.177  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same container, 
unless Sec. 265.17(b) is complied with.
    (b) Hazardous waste must not be placed in an unwashed container that 
previously held an incompatible waste or material (see appendix V for 
examples), unless Sec. 265.17(b) is complied with.
    (c) A storage container holding a hazardous waste that is 
incompatible with any waste or other materials stored nearby in other 
containers, piles, open tanks, or surface impoundments must be separated 
from the other materials or protected from them by means of a dike, 
berm, wall, or other device.

[Comment: The purpose of this is to prevent fires, explosions, gaseous 
emissions, leaching, or other discharge of hazardous waste or hazardous 
waste constituents which could result from the mixing of incompatible 
wastes or materials if containers break or leak.]



Sec. 265.178  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
container in accordance with the applicable requirements of subparts AA, 
BB, and CC of this part.

[61 FR 59968, Nov. 25, 1996]



                         Subpart J_Tank Systems

    Source: 51 FR 25479, July 14, 1986, unless otherwise noted.



Sec. 265.190  Applicability.

    The requirements of this subpart apply to owners and operators of 
facilities that use tank systems for storing or treating hazardous waste 
except as otherwise provided in paragraphs (a), (b), and (c) of this 
section or in Sec. 265.1 of this part.
    (a) Tank systems that are used to store or treat hazardous waste 
which contains no free liquids and are situated inside a building with 
an impermeable floor are exempted from the requirements in Sec. 
265.193. To demonstrate the absence or presence of free liquids in the 
stored/treated waste, the following test must be used: Method 9095B 
(Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
    (b) Tank systems, including sumps, as defined in Sec. 260.10, that 
serve as part of a secondary containment system to collect or contain 
releases of hazardous wastes are exempted from the requirements in Sec. 
265.193(a).
    (c) Tanks, sumps, and other collection devices used in conjunction 
with drip pads, as defined in Sec. 260.10 of this chapter and regulated 
under 40 CFR part 265 subpart W, must meet the requirements of this 
subpart.

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 
55 FR 50486, Dec. 6, 1990; 58 FR 46050, Aug. 31, 1993; 70 FR 34585, June 
14, 2005]

[[Page 661]]



Sec. 265.191  Assessment of existing tank system's integrity.

    (a) For each existing tank system that does not have secondary 
containment meeting the requirements of Sec. 265.193, the owner or 
operator must determine that the tank system is not leaking or is unfit 
for use. Except as provided in paragraph (c) of this section, the owner 
or operator must obtain and keep on file at the facility a written 
assessment reviewed and certified by a qualified Professional Engineer 
in accordance with Sec. 270.11(d) of this chapter, that attests to the 
tank system's integrity by January 12, 1988.
    (b) This assessment must determine that the tank system is 
adequately designed and has sufficient structural strength and 
compatibility with the waste(s) to be stored or treated to ensure that 
it will not collapse, rupture, or fail. At a minimum, this assessment 
must consider the following:
    (1) Design standard(s), if available, according to which the tank 
and ancillary equipment were constructed;
    (2) Hazardous characteristics of the waste(s) that have been or will 
be handled;
    (3) Existing corrosion protection measures;
    (4) Documented age of the tank system, if available, (otherwise, an 
estimate of the age); and
    (5) Results of a leak test, internal inspection, or other tank 
integrity examination such that:
    (i) For non-enterable underground tanks, this assessment must 
consist of a leak test that is capable of taking into account the 
effects of temperature variations, tank end deflection, vapor pockets, 
and high water table effects,
    (ii) For other than non-enterable underground tanks and for 
ancillary equipment, this assessment must be either a leak test, as 
described above, or an internal inspection and/or other tank integrity 
examination certified by a qualified Professional Engineer in accordance 
with Sec. 270.11(d) of this chapter that addresses cracks, leaks, 
corrosion, and erosion.

[Note: The practices described in the American Petroleum Institute (API) 
Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, 
``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981, may 
be used, where applicable, as guidelines in conducting the integrity 
examination of an other than non-enterable underground tank system.]

    (c) Tank systems that store or treat materials that become hazardous 
wastes subsequent to July 14, 1986 must conduct this assessment within 
12 months after the date that the waste becomes a hazardous waste.
    (d) If, as a result of the assessment conducted in accordance with 
paragraph (a) of this section, a tank system is found to be leaking or 
unfit for use, the owner or operator must comply with the requirements 
of Sec. 265.196.

[51 FR 25479, July 14, 1986, as amended at 71 FR 16910, Apr. 4, 2006]



Sec. 265.192  Design and installation of new tank systems or components.

    (a) Owners or operators of new tank systems or components must 
ensure that the foundation, structural support, seams, connections, and 
pressure controls (if applicable) are adequately designed and that the 
tank system has sufficient structural strength, compatibility with the 
waste(s) to be stored or treated, and corrosion protection so that it 
will not collapse, rupture, or fail. The owner or operator must obtain a 
written assessment reviewed and certified by a qualified Professional 
Engineer in accordance with Sec. 270.11(d) of this chapter attesting 
that the system has sufficient structural integrity and is acceptable 
for the storing and treating of hazardous waste. This assessment must 
include the following information:
    (1) Design standard(s) according to which the tank(s) and ancillary 
equipment is or will be constructed.
    (2) Hazardous characteristics of the waste(s) to be handled.
    (3) For new tank systems or components in which the external shell 
of a metal tank or any external metal component of the tank system is or 
will be in contact with the soil or with water, a determination by a 
corrosion expert of:
    (i) Factors affecting the potential for corrosion, including but not 
limited to:
    (A) Soil moisture content;
    (B) Soil pH;
    (C) Soil sulfides level;
    (D) Soil resistivity;

[[Page 662]]

    (E) Structure to soil potential;
    (F) Influence of nearby underground metal structures (e.g., piping);
    (G) Stray electric current; and,
    (H) Existing corrosion-protection measures (e.g., coating, cathodic 
protection), and
    (ii) The type and degree of external corrosion protection that are 
needed to ensure the integrity of the tank system during the use of the 
tank system or component, consisting of one or more of the following:
    (A) Corrosion-resistant materials of construction such as special 
alloys or fiberglass-reinforced plastic;
    (B) Corrosion-resistant coating (such as epoxy or fiberglass) with 
cathodic protection (e.g., impressed current or sacrificial anodes); and
    (C) Electrical isolation devices such as insulating joints and 
flanges.

    Note: The practices described in the National Association of 
Corrosion Engineers (NACE) standard, ``Recommended Practice (RP-02-85)--
Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and the American Petroleum Institute 
(API) Publication 1632, ``Cathodic Protection of Underground Petroleum 
Storage Tanks and Piping Systems,'' may be used, where applicable, as 
guidelines in providing corrosion protection for tank systems.

    (4) For underground tank system components that are likely to be 
affected by vehicular traffic, a determination of design or operational 
measures that will protect the tank system against potential damage; and
    (5) Design considerations to ensure that:
    (i) Tank foundations will maintain the load of a full tank;
    (ii) Tank systems will be anchored to prevent flotation or 
dislodgement where the tank system is placed in a saturated zone, or is 
located within a seismic fault zone; and
    (iii) Tank systems will withstand the effects of frost heave.
    (b) The owner or operator of a new tank system must ensure that 
proper handling procedures are adhered to in order to prevent damage to 
the system during installation. Prior to covering, enclosing, or placing 
a new tank system or component in use, an independent, qualified 
installation inspector or a qualified Professional Engineer, either of 
whom is trained and experienced in the proper installation of tank 
systems, must inspect the system or component for the presence of any of 
the following items:
    (1) Weld breaks;
    (2) Punctures;
    (3) Scrapes of protective coatings;
    (4) Cracks;
    (5) Corrosion;
    (6) Other structural damage or inadequate construction or 
installation.

All discrepancies must be remedied before the tank system is covered, 
enclosed, or placed in use.
    (c) New tank systems or components and piping that are placed 
underground and that are backfilled must be provided with a backfill 
material that is a noncorrosive, porous, homogeneous substance and that 
is carefully installed so that the backfill is placed completely around 
the tank and compacted to ensure that the tank and piping are fully and 
uniformly supported.
    (d) All new tanks and ancillary equipment must be tested for 
tightness prior to being covered, enclosed or placed in use. If a tank 
system is found not to be tight, all repairs necessary to remedy the 
leak(s) in the system must be performed prior to the tank system being 
covered, enclosed, or placed in use.
    (e) Ancillary equipment must be supported and protected against 
physical damage and excessive stress due to settlement, vibration, 
expansion or contraction.

    Note: The piping system installation procedures described in 
American Petroleum Institute (API) Publication 1615 (November 1979), 
``Installation of Underground Petroleum Storage Systems,'' or ANSI 
Standard B31.3, ``Petroleum Refinery System,'' may be used, where 
applicable, as guidelines for proper installation of piping systems.

    (f) The owner or operator must provide the type and degree of 
corrosion protection necessary, based on the information provided under 
paragraph (a)(3) of this section, to ensure the integrity of the tank 
system during use of the tank system. The installation of a corrosion 
protection system that is field fabricated must be supervised by an 
independent corrosion expert to ensure proper installation.

[[Page 663]]

    (g) The owner or operator must obtain and keep on file at the 
facility written statements by those persons required to certify the 
design of the tank system and supervise the installation of the tank 
system in accordance with the requirements of paragraphs (b) through (f) 
of this section to attest that the tank system was properly designed and 
installed and that repairs, pursuant to paragraphs (b) and (d) of this 
section were performed. These written statements must also include the 
certification statement as required in Sec. 270.11(d) of this chapter.

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986; 71 FR 16910, 
Apr. 4, 2006]



Sec. 265.193  Containment and detection of releases.

    (a) In order to prevent the release of hazardous waste or hazardous 
constituents to the environment, secondary containment that meets the 
requirements of this section must be provided (except as provided in 
paragraphs (f) and (g) of this section):
    (1) For all new and existing tank systems or components, prior to 
their being put into service.
    (2) For tank systems that store or treat materials that become 
hazardous wastes, within 2 years of the hazardous waste listing, or when 
the tank system has reached 15 years of age, whichever comes later.
    (b) Secondary containment systems must be:
    (1) Designed, installed, and operated to prevent any migration of 
wastes or accumulated liquid out of the system to the soil, ground 
water, or surface water at any time during the use of the tank system; 
and
    (2) Capable of detecting and collecting releases and accumulated 
liquids until the collected material is removed.
    (c) To meet the requirements of paragraph (b) of this section, 
secondary containment systems must be at a minimum:
    (1) Constructed of or lined with materials that are compatible with 
the waste(s) to be placed in the tank system and must have sufficient 
strength and thickness to prevent failure due to pressure gradients 
(including static head and external hydrological forces), physical 
contact with the waste to which they are exposed, climatic conditions, 
the stress of installation, and the stress of daily operation (including 
stresses from nearby vehicular traffic);
    (2) Placed on a foundation or base capable of providing support to 
the secondary containment system and resistance to pressure gradients 
above and below the system and capable of preventing failure due to 
settlement, compression, or uplift;
    (3) Provided with a leak detection system that is designed and 
operated so that it will detect the failure of either the primary and 
secondary containment structure or any release of hazardous waste or 
accumulated liquid in the secondary containment system within 24 hours, 
or at the earliest practicable time if the existing detection technology 
or site conditions will not allow detection of a release within 24 
hours;
    (4) Sloped or otherwise designed or operated to drain and remove 
liquids resulting from leaks, spills, or precipitation. Spilled or 
leaked waste and accumulated precipitation must be removed from the 
secondary containment system within 24 hours, or in as timely a manner 
as is possible to prevent harm to human health or the environment, if 
removal of the released waste or accumulated precipitation cannot be 
accomplished within 24 hours.

    Note: If the collected material is a hazardous waste under part 261 
of this chapter, it is subject to management as a hazardous waste in 
accordance with all applicable requirements of parts 262 through 265 of 
this chapter. If the collected material is discharged through a point 
source to waters of the United States, it is subject to the requirements 
of sections 301, 304, and 402 of the Clean Water Act, as amended. If 
discharged to Publicly Owned Treatment Works (POTWs), it is subject to 
the requirements of section 307 of the Clear Water Act, as amended. If 
the collected material is released to the environment, it may be subject 
to the reporting requirements of 40 CFR part 302.

    (d) Secondary containment for tanks must include one or more of the 
following devices:
    (1) A liner (external to the tank);
    (2) A vault;
    (3) A double-walled tank; or

[[Page 664]]

    (4) An equivalent device as approved by the Regional Administrator.
    (e) In addition to the requirements of paragraphs (b), (c), and (d) 
of this section, secondary containment systems must satisfy the 
following requirements:
    (1) External liner systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event;
    (iii) Free of cracks or gaps; and
    (iv) Designed and installed to completely surround the tank and to 
cover all surrounding earth likely to come into contact with the waste 
if released from the tank(s) (i.e., capable of preventing lateral as 
well as vertical migration of the waste).
    (2) Vault systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event;
    (iii) Constructed with chemical-resistant water stops in place at 
all joints (if any);
    (iv) Provided with an impermeable interior coating or lining that is 
compatible with the stored waste and that will prevent migration of 
waste into the concrete;
    (v) Provided with a means to protect against the formation of and 
ignition of vapors within the vault, if the waste being stored or 
treated:
    (A) Meets the definition of ignitable waste under Sec. 261.21 of 
this chapter, or
    (B) Meets the definition of reactive waste under Sec. 261.23 of 
this chapter and may form an ignitable or explosive vapor; and
    (vi) Provided with an exterior moisture barrier or be otherwise 
designed or operated to prevent migration of moisture into the vault if 
the vault is subject to hydraulic pressure.
    (3) Double-walled tanks must be:
    (i) Designed as an integral structure (i.e., an inner tank within an 
outer shell) so that any release from the inner tank is contained by the 
outer shell;
    (ii) Protected, if constructed of metal, from both corrosion of the 
primary tank interior and the external surface of the outer shell; and
    (iii) Provided with a built-in, continuous leak detection system 
capable of detecting a release within 24 hours or at the earliest 
practicable time, if the owner or operator can demonstrate to the 
Regional Administrator, and the Regional Administrator concurs, that the 
existing leak detection technology or site conditions will not allow 
detection of a release within 24 hours.

    Note: The provisions outlined in the Steel Tank Institute's (STI) 
``Standard for Dual Wall Underground Steel Storage Tank'' may be used as 
guidelines for aspects of the design of underground steel double-walled 
tanks.

    (f) Ancillary equipment must be provided with full secondary 
containment (e.g., trench, jacketing, double-walled piping) that meets 
the requirements of paragraphs (b) and (c) of this section except for:
    (1) Aboveground piping (exclusive of flanges, joints, valves, and 
connections) that are visually inspected for leaks on a daily basis;
    (2) Welded flanges, welded joints, and welded connections that are 
visually inspected for leaks on a daily basis;
    (3) Sealless or magnetic coupling pumps and sealless valves, that 
are visually inspected for leaks on a daily basis; and
    (4) Pressurized aboveground piping systems with automatic shut-off 
devices (e.g., excess flow check valves, flow metering shutdown devices, 
loss of pressure actuated shut-off devices) that are visually inspected 
for leaks on a daily basis.
    (g) The owner or operator may obtain a variance from the 
requirements of

[[Page 665]]

this Section if the Regional Administrator finds, as a result of a 
demonstration by the owner or operator, either: that alternative design 
and operating practices, together with location characteristics, will 
prevent the migration of hazardous waste or hazardous constituents into 
the ground water or surface water at least as effectively as secondary 
containment during the active life of the tank system or that in the 
event of a release that does migrate to ground water or surface water, 
no substantial present or potential hazard will be posed to human health 
or the environment. New underground tank systems may not, per a 
demonstration in accordance with paragraph (g)(2) of this section, be 
exempted from the secondary containment requirements of this section. 
Application for a variance as allowed in paragraph (g) of this section 
does not waive compliance with the requirements of this subpart for new 
tank systems.
    (1) In deciding whether to grant a variance based on a demonstration 
of equivalent protection of ground water and surface water, the Regional 
Administrator will consider:
    (i) The nature and quantity of the waste;
    (ii) The proposed alternate design and operation;
    (iii) The hydrogeologic setting of the facility, including the 
thickness of soils between the tank system and ground water; and
    (iv) All other factors that would influence the quality and mobility 
of the hazardous constituents and the potential for them to migrate to 
ground water or surface water.
    (2) In deciding whether to grant a variance, based on a 
demonstration of no substantial present or potential hazard, the 
Regional Administrator will consider:
    (i) The potential adverse effects on ground water, surface water, 
and land quality taking into account:
    (A) The physical and chemical characteristics of the waste in the 
tank system, including its potential for migration,
    (B) The hydrogeological characteristics of the facility and 
surrounding land,
    (C) The potential for health risks caused by human exposure to waste 
constituents,
    (D) The potential for damage to wildlife, crops, vegetation, and 
physical structures caused by exposure to waste constituents, and
    (E) The persistence and permanence of the potential adverse effects;
    (ii) The potential adverse effects of a release on ground-water 
quality, taking into account:
    (A) The quantity and quality of ground water and the direction of 
ground-water flow,
    (B) The proximity and withdrawal rates of water in the area,
    (C) The current and future uses of ground water in the area, and
    (D) The existing quality of ground water, including other sources of 
contamination and their cumulative impact on the ground-water quality;
    (iii) The potential adverse effects of a release on surface water 
quality, taking into account:
    (A) The quantity and quality of ground water and the direction of 
ground-water flow,
    (B) The patterns of rainfall in the region,
    (C) The proximity of the tank system to surface waters,
    (D) The current and future uses of surface waters in the area and 
any water quality standards established for those surface waters, and
    (E) The existing quality of surface water, including other sources 
of contamination and the cumulative impact on surface-water quality; and
    (iv) The potential adverse effects of a release on the land 
surrounding the tank system, taking into account:
    (A) The patterns of rainfall in the region, and
    (B) The current and future uses of the surrounding land.
    (3) The owner or operator of a tank system, for which a variance 
from secondary containment had been granted in accordance with the 
requirements of paragraph (g)(1) of this section, at which a release of 
hazardous waste has occurred from the primary tank system but has not 
migrated beyond the zone of engineering control (as established in the 
variance), must:

[[Page 666]]

    (i) Comply with the requirements of Sec. 265.196, except paragraph 
(d); and
    (ii) Decontaminate or remove contaminated soil to the extent 
necessary to:
    (A) Enable the tank system, for which the variance was granted, to 
resume operation with the capability for the detection of and response 
to releases at least equivalent to the capability it had prior to the 
release, and
    (B) Prevent the migration of hazardous waste or hazardous 
constituents to ground water or surface water; and
    (iii) If contaminated soil cannot be removed or decontaminated in 
accordance with paragraph (g)(3)(ii) of this section, comply with the 
requirements of Sec. 265.197(b);
    (4) The owner or operator of a tank system, for which a variance 
from secondary containment had been granted in accordance with the 
requirements of paragraph (g)(1) of this section, at which a release of 
hazardous waste has occurred from the primary tank system and has 
migrated beyond the zone of engineering control (as established in the 
variance), must:
    (i) Comply with the requirements of Sec. 265.196(a), (b), (c), and 
(d); and
    (ii) Prevent the migration of hazardous waste or hazardous 
constituents to ground water or surface water, if possible, and 
decontaminate or remove contaminated soil. If contaminated soil cannot 
be decontaminated or removed, or if ground water has been contaminated, 
the owner or operator must comply with the requirements of Sec. 
265.197(b);
    (iii) If repairing, replacing, or re in stalling the tank system, 
provide secondary containment in accordance with the requirements of 
paragraphs (a) through (f) of this section or reapply for a variance 
from secondary containment and meet the requirements for new tank 
systems in Sec. 265.192 if the tank system is replaced. The owner or 
operator must comply with these requirements even if contaminated soil 
can be decontaminated or removed, and ground water or surface water has 
not been contaminated.
    (h) The following procedures must be followed in order to request a 
variance from secondary containment:
    (1) The Regional Administrator must be notified in writing by the 
owner or operator that he intends to conduct and submit a demonstration 
for a variance from secondary containment as allowed in paragraph (g) of 
this section according to the following schedule:
    (i) For existing tank systems, at least 24 months prior to the date 
that secondary containment must be provided in accordance with paragraph 
(a) of this section; and
    (ii) For new tank systems, at least 30 days prior to entering into a 
contract for installation of the tank system.
    (2) As part of the notification, the owner or operator must also 
submit to the Regional Administrator a description of the steps 
necessary to conduct the demonstration and a timetable for completing 
each of the steps. The demonstration must address each of the factors 
listed in paragraph (g)(1) or paragraph (g)(2) of this section.
    (3) The demonstration for a variance must be completed and submitted 
to the Regional Administrator within 180 days after notifying the 
Regional Administrator of intent to conduct the demonstration.
    (4) The Regional Administrator will inform the public, through a 
newspaper notice, of the availability of the demonstration for a 
variance. The notice shall be placed in a daily or weekly major local 
newspaper of general circulation and shall provide at least 30 days from 
the date of the notice for the public to review and comment on the 
demonstration for a variance. The Regional Administrator also will hold 
a public hearing, in response to a request or at his own discretion, 
whenever such a hearing might clarify one or more issues concerning the 
demonstration for a variance. Public notice of the hearing will be given 
at least 30 days prior to the date of the hearing and may be given at 
the same time as notice of the opportunity for the public to review and 
comment on the demonstration. These two notices may be combined.
    (5) The Regional Administrator will approve or disapprove the 
request for a variance within 90 days of receipt of the demonstration 
from the owner or operator and will notify in writing the owner or 
operator and each person who

[[Page 667]]

submitted written comments or requested notice of the variance decision. 
If the demonstration for a variance is incomplete or does not include 
sufficient information, the 90-day time period will begin when the 
Regional Administrator receives a complete demonstration, including all 
information necessary to make a final determination. If the public 
comment period in paragraph (h)(4) of this section is extended, the 90-
day time period will be similarly extended.
    (i) All tank systems, until such time as secondary containment 
meeting the requirements of this section is provided, must comply with 
the following:
    (1) For non-enterable underground tanks, a leak test that meets the 
requirements of Sec. 265.191(b)(5) must be conducted at least annually;
    (2) For other than non-enterable underground tanks, and for all 
ancillary equipment, the owner or operator must either conduct a leak 
test as in paragraph (i)(1) of this section or an internal inspection or 
other tank integrity examination by a qualified Professional Engineer 
that addresses cracks, leaks, and corrosion or erosion at least 
annually. The owner or operator must remove the stored waste from the 
tank, if necessary, to allow the condition of all internal tank surfaces 
to be assessed.

    Note: The practices described in the American Petroleum Institute 
(API) Publication Guide for Inspection of Refining Equipment, Chapter 
XIII, ``Atmospheric and Low Pressure Storage Tanks,'' 4th edition, 1981, 
may be used, when applicable, as guidelines for assessing the overall 
condition of the tank system.

    (3) The owner or operator must maintain on file at the facility a 
record of the results of the assessments conducted in accordance with 
paragraphs (i)(1) through (i)(3) of this section.
    (4) If a tank system or component is found to be leaking or unfit-
for-use as a result of the leak test or assessment in paragraphs (i)(1) 
through (i)(3) of this section, the owner or operator must comply with 
the requirements of Sec. 265.196.

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
53 FR 34087, Sept. 2, 1988; 71 FR 16910, Apr. 4, 2006; 71 FR 40275, July 
14, 2006]



Sec. 265.194  General operating requirements.

    (a) Hazardous wastes or treatment reagents must not be placed in a 
tank system if they could cause the tank, its ancillary equipment, or 
the secondary containment system to rupture, leak, corrode, or otherwise 
fail.
    (b) The owner or operator must use appropriate controls and 
practices to prevent spills and overflows from tank or secondary 
containment systems. These include at a minimum:
    (1) Spill prevention controls (e.g., check valves, dry disconnect 
couplings);
    (2) Overfill prevention controls (e.g., level sensing devices, high 
level alarms, automatic feed cutoff, or bypass to a standby tank); and
    (3) Maintenance of sufficient freeboard in uncovered tanks to 
prevent overtopping by wave or wind action or by precipitation.
    (c) The owner or operator must comply with the requirements of Sec. 
265.196 if a leak or spill occurs in the tank system.

[51 FR 25479, July 14, 1986, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.195  Inspections.

    (a) The owner or operator must inspect, where present, at least once 
each operating day, data gathered from monitoring and leak detection 
equipment (e.g., pressure or temperature gauges, monitoring wells) to 
ensure that the tank system is being operated according to its design.

    Note: Section 265.15(c) requires the owner or operator to remedy any 
deterioration or malfunction he finds. Section 265.196 requires the 
owner or operator to notify the Regional Administrator within 24 hours 
of confirming a release. Also, 40 CFR part 302 may require the owner or 
operator to notify the National Response Center of a release.

    (b) Except as noted under the paragraph (c) of this section, the 
owner or operator must inspect at least once each operating day:
    (1) Overfill/spill control equipment (e.g., waste-feed cutoff 
systems, bypass systems, and drainage systems) to ensure that it is in 
good working order;

[[Page 668]]

    (2) Above ground portions of the tank system, if any, to detect 
corrosion or releases of waste; and
    (3) The construction materials and the area immediately surrounding 
the externally accessible portion of the tank system, including the 
secondary containment system (e.g., dikes) to detect erosion or signs of 
releases of hazardous waste (e.g., wet spots, dead vegetation).
    (c) Owners or operators of tank systems that either use leak 
detection equipment to alert facility personnel to leaks, or implement 
established workplace practices to ensure leaks are promptly identified, 
must inspect at least weekly those areas described in paragraphs (b)(1) 
through (3) of this section. Use of the alternate inspection schedule 
must be documented in the facility's operating record. This 
documentation must include a description of the established workplace 
practices at the facility.
    (d) Performance Track member facilities may inspect on a less 
frequent basis, upon approval by the Director, but must inspect at least 
once each month. To apply for a less than weekly inspection frequency, 
the Performance Track member facility must follow the procedures 
described in Sec. 265.15(b)(5).
    (e) Ancillary equipment that is not provided with secondary 
containment, as described in Sec. 265.193(f)(1) through (4), must be 
inspected at least once each operating day.
    (f) The owner or operator must inspect cathodic protection systems, 
if present, according to, at a minimum, the following schedule to ensure 
that they are functioning properly:
    (1) The proper operation of the cathodic protection system must be 
confirmed within six months after initial installation, and annually 
thereafter; and
    (2) All sources of impressed current must be inspected and/or 
tested, as appropriate, at least bimonthly (i.e., every other month).

    Note: The practices described in the National Association of 
Corrosion Engineers (NACE) standard, ``Recommended Practice (RP-02-85)--
Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems,'' and the American Petroleum Institute 
(API) Publication 1632, ``Cathodic Protection of Underground Petroleum 
Storage Tanks and Piping Systems,'' may be used, where applicable, as 
guidelines in maintaining and inspecting cathodic protection systems.

    (g) The owner or operator must document in the operating record of 
the facility an inspection of those items in paragraphs (a) and (b) of 
this section.

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 
71 FR 16910, Apr. 4, 2006]



Sec. 265.196  Response to leaks or spills and disposition of leaking or unfit-

for-use tank systems.

    A tank system or secondary containment system from which there has 
been a leak or spill, or which is un fit for use, must be removed from 
service immediately, and the owner or operator must satisfy the 
following requirements:
    (a) Cessation of use; prevent flow or addition of wastes. The owner 
or operator must immediately stop the flow of hazardous waste into the 
tank system or secondary containment system and inspect the system to 
determine the cause of the release.
    (b) Removal of waste from tank system or secondary containment 
system. (1) If the release was from the tank system, the owner or 
operator must, within 24 hours after detection of the leak or, if the 
owner or operator demonstrates that that is not possible, at the 
earliest practicable time remove as much of the waste as is necessary to 
prevent further release of hazardous waste to the environment and to 
allow inspection and repair of the tank system to be performed.
    (2) If the release was to a secondary containment system, all 
released materials must be removed within 24 hours or in as timely a 
manner as is possible to prevent harm to human health and the 
environment.
    (c) Containment of visible releases to the environment. The owner or 
operator must immediately conduct a visual inspection of the release 
and, based upon that inspection:
    (1) Prevent further migration of the leak or spill to soils or 
surface water; and
    (2) Remove, and properly dispose of, any visible contamination of 
the soil or surface water.

[[Page 669]]

    (d) Notifications, reports. (1) Any release to the environment, 
except as provided in paragraph (d)(2) of this section, must be reported 
to the Regional Administrator within 24 hours of detection. If the 
release has been reported pursuant to 40 CFR part 302, that report will 
satisfy this requirement.
    (2) A leak or spill of hazardous waste that is:
    (i) Less than or equal to a quantity of one (1) pound, and
    (ii) Immediately contained and cleaned-up is exempted from the 
requirements of this paragraph.
    (3) Within 30 days of detection of a release to the environment, a 
report containing the following information must be submitted to the 
Regional Administrator:
    (i) Likely route of migration of the release;
    (ii) Characteristics of the surrounding soil (soil composition, 
geology, hydrogeology, climate);
    (iii) Results of any monitoring or sampling conducted in connection 
with the release, (if available). If sampling or monitoring data 
relating to the release are not available within 30 days, these data 
must be submitted to the Regional Administrator as soon as they become 
available;
    (iv) Proximity to downgradient drinking water, surface water, and 
population areas; and
    (v) Description of response actions taken or planned.
    (e) Provision of secondary containment, repair, or closure. (1) 
Unless the owner or operator satisfies the requirements of paragraphs 
(e) (2) through (4) of this section, the tank system must be closed in 
accordance with Sec. 265.197.
    (2) If the cause of the release was a spill that has not damaged the 
integrity of the system, the owner/operator may return the system to 
service as soon as the released waste is removed and repairs, if 
necessary, are made.
    (3) If the cause of the release was a leak from the primary tank 
system into the secondary containment system, the system must be 
repaired prior to returning the tank system to service.
    (4) If the source of the release was a leak to the environment from 
a component of a tank system without secondary containment, the owner/
operator must provide the component of the system from which the leak 
occurred with secondary containment that satisfies the requirements of 
Sec. 265.193 before it can be returned to service, unless the source of 
the leak is an aboveground portion of a tank system. If the source is an 
aboveground component that can be inspected visually, the component must 
be repaired and may be returned to service without secondary containment 
as long as the requirements of paragraph (f) of this section are 
satisfied. If a component is replaced to comply with the requirements of 
this subparagraph, that component must satisfy the requirements for new 
tank systems or components in Sec. Sec. 265.192 and 265.193. 
Additionally, if a leak has occurred in any portion of a tank system 
component that is not readily accessible for visual inspection (e.g., 
the bottom of an inground or onground tank), the entire component must 
be provided with secondary containment in accordance with Sec. 265.193 
prior to being returned to use.
    (f) Certification of major repairs. If the owner/operator has 
repaired a tank system in accordance with paragraph (e) of this section, 
and the repair has been extensive (e.g., installation of an internal 
liner; repair of a ruptured primary containment or secondary containment 
vessel), the tank system must not be returned to service unless the 
owner/operator has obtained a certification by a qualified Professional 
Engineer in accordance with Sec. 270.11(d) that the repaired system is 
capable of handling hazardous wastes without release for the intended 
life of the system. This certification is to be placed in the operating 
record and maintained until closure of the facility.

    Note: The Regional Administrator may, on the basis of any 
information received that there is or has been a release of hazardous 
waste or hazardous constituents into the environment, issue an order 
under RCRA section 3004(v), 3008(h), or 7003(a) requiring corrective 
action or such other response as deemed necessary to protect human 
health or the environment.
    Note: See Sec. 265.15(c) for the requirements necessary to remedy a 
failure. Also, 40 CFR Part 302 requires the owner or operator to

[[Page 670]]

notify the National Response Center of a release of any ``reportable 
quantity.''

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 
71 FR 16911, Apr. 4, 2006]



Sec. 265.197  Closure and post-closure care.

    (a) At closure of a tank system, the owner or operator must remove 
or decontaminate all waste residues, contaminated containment system 
components (liners, etc.), contaminated soils, and structures and 
equipment contaminated with waste, and manage them as hazardous waste, 
unless Sec. 261.3(d) of this Chapter applies. The closure plan, closure 
activities, cost estimates for closure, and financial responsibility for 
tank systems must meet all of the requirements specified in subparts G 
and H of this part.
    (b) If the owner or operator demonstrates that not all contaminated 
soils can be practicably removed or decontaminated as required in 
paragraph (a) of this section, then the owner or operator must close the 
tank system and perform post-closure care in accordance with the closure 
and post-closure care requirements that apply to landfills (Sec. 
265.310). In addition, for the purposes of closure, post-closure, and 
financial responsibility, such a tank system is then considered to be a 
landfill, and the owner or operator must meet all of the requirements 
for landfills specified in subparts G and H of this part.
    (c) If an owner or operator has a tank system which does not have 
secondary containment that meets the requirements of Sec. 265.193(b) 
through (f) and which is not exempt from the secondary containment 
requirements in accordance with Sec. 265.193(g), then,
    (1) The closure plan for the tank system must include both a plan 
for complying with paragraph (a) of this section and a contingent plan 
for complying with paragraph (b) of this section.
    (2) A contingent post-closure plan for complying with paragraph (b) 
of this section must be prepared and submitted as part of the permit 
application.
    (3) The cost estimates calculated for closure and post-closure care 
must reflect the costs of complying with the contingent closure plan and 
the contingent post-closure plan, if these costs are greater than the 
costs of complying with the closure plan prepared for the expected 
closure under paragraph (a) of this section.
    (4) Financial assurance must be based on the cost estimates in 
paragraph (c)(3) of this section.
    (5) For the purposes of the contingent closure and post-closure 
plans, such a tank system is considered to be a landfill, and the 
contingent plans must meet all of the closure, post-closure, and 
financial responsibility requirements for landfills under subparts G and 
H of this part.

[51 FR 25479, July 14, 1986, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.198  Special requirements for ignitable or reactive wastes.

    (a) Ignitable or reactive waste must not be placed in a tank system, 
unless:
    (1) The waste is treated, rendered, or mixed before or immediately 
after placement in the tank system so that:
    (i) The resulting waste, mixture, or dissolved material no longer 
meets the definition of ignitable or reactive waste under Sec. Sec. 
261.21 or 261.23 of this chapter; and
    (ii) Section 265.17(b) is complied with; or
    (2) The waste is stored or treated in such a way that it is 
protected from any material or conditions that may cause the waste to 
ignite or react; or
    (3) The tank system is used solely for emergencies.
    (b) The owner or operator of a facility where ignitable or reactive 
waste is stored or treated in tanks must comply with the requirements 
for the maintenance of protective distances between the waste management 
area and any public ways, streets, alleys, or an adjoining property line 
that can be built upon as required in Tables 2-1 through 2-6 of the 
National Fire Protection Association's ``Flammable and Combustible 
Liquids Code,'' (1977 or 1981), (incorporated by reference, see Sec. 
260.11).



Sec. 265.199  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible waste and materials, must 
not

[[Page 671]]

be placed in the same tank system, unless Sec. 265.17(b) is complied 
with.
    (b) Hazardous waste must not be placed in a tank system that has not 
been decontaminated and that previously held an incompatible waste or 
material, unless Sec. 265.17(b) is complied with.



Sec. 265.200  Waste analysis and trial tests.

    In addition to performing the waste analysis required by Sec. 
265.13, the owner or operator must, whenever a tank system is to be used 
to treat chemically or to store a hazardous waste that is substantially 
different from waste previously treated or stored in that tank system; 
or treat chemically a hazardous waste with a substantially different 
process than any previously used in that tank system:
    (a) Conduct waste analyses and trial treatment or storage tests 
(e.g., bench-scale or pilot-plant scale tests); or
    (b) Obtain written, documented information on similar waste under 
similar operating conditions to show that the proposed treatment or 
storage will meet the requirements of Sec. 265.194(a).

    Note: Section 265.13 requires the waste analysis plan to include 
analyses needed to comply with Sec. Sec. 265.198 and 265.199. Section 
265.73 requires the owner or operator to place the results from each 
waste analysis and trial test, or the documented information, in the 
operating record of the facility.



Sec. 265.201  Special requirements for generators of between 100 and 1,000 

kg/mo that accumulate hazardous waste in tanks.

    (a) The requirements of this section apply to small quantity 
generators of more than 100 kg but less than 1,000 kg of hazardous waste 
in a calendar month, that accumulate hazardous waste in tanks for less 
than 180 days (or 270 days if the generator must ship the waste greater 
than 200 miles), and do not accumulate over 6,000 kg on-site at any 
time.
    (b) Generators of between 100 and 1,000 kg/mo hazardous waste must 
comply with the following general operating requirements:
    (1) Treatment or storage of hazardous waste in tanks must comply 
with Sec. 265.17(b).
    (2) Hazardous wastes or treatment reagents must not be placed in a 
tank if they could cause the tank or its inner liner to rupture, leak, 
corrode, or otherwise fail before the end of its intended life.
    (3) Uncovered tanks must be operated to ensure at least 60 
centimeters (2 feet) of freeboard, unless the tank is equipped with a 
containment structure (e.g., dike or trench), a drainage control system, 
or a diversion structure (e.g., standby tank) with a capacity that 
equals or exceeds the volume of the top 60 centimeters (2 feet) of the 
tank.
    (4) Where hazardous waste is continuously fed into a tank, the tank 
must be equipped with a means to stop this inflow (e.g., waste feed 
cutoff system or by-pass system to a stand-by tank).

    Note: These systems are intended to be used in the event of a leak 
or overflow from the tank due to a system failure (e.g., a malfunction 
in the treatment process, a crack in the tank, etc.).

    (c) Except as noted in paragraph (d) of this section, generators who 
accumulate between 100 and 1,000 kg/mo of hazardous waste in tanks must 
inspect, where present:
    (1) Discharge control equipment (e.g., waste feed cutoff systems, 
by-pass systems, and drainage systems) at least once each operating day, 
to ensure that it is in good working order;
    (2) Data gathered from monitoring equipment (e.g., pressure and 
temperature gauges) at least once each operating day to ensure that the 
tank is being operated according to its design;
    (3) The level of waste in the tank at least once each operating day 
to ensure compliance with Sec. 265.201(b)(3);
    (4) The construction materials of the tank at least weekly to detect 
corrosion or leaking of fixtures or seams; and
    (5) The construction materials of, and the area immediately 
surrounding, discharge confinement structures (e.g., dikes) at least 
weekly to detect erosion or obvious signs of leakage (e.g., wet spots or 
dead vegetation).

    Note: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.

    (d) Generators who accumulate between 100 and 1,000 kg/mo of 
hazardous waste in tanks or tank systems that

[[Page 672]]

have full secondary containment and that either use leak detection 
equipment to alert facility personnel to leaks, or implement established 
workplace practices to ensure leaks are promptly identified, must 
inspect at least weekly, where applicable, the areas identified in 
paragraphs (c)(1) through (5) of this section. Use of the alternate 
inspection schedule must be documented in the facility's operating 
record. This documentation must include a description of the established 
workplace practices at the facility.
    (e) Performance Track member facilities may inspect on a less 
frequent basis, upon approval by the Director, but must inspect at least 
once each month. To apply for a less than weekly inspection frequency, 
the Performance Track member facility must follow the procedures 
described in Sec. 265.15(b)(5).
    (f) Generators of between 100 and 1,000 kg/mo accumulating hazardous 
waste in tanks must, upon closure of the facility, remove all hazardous 
waste from tanks, discharge control equipment, and discharge confinement 
structures.

    Note: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3(c) or 
(d) of this chapter, that any solid waste removed from his tank is not a 
hazardous waste, the owner or operator becomes a generator of hazardous 
waste and must manage it in accordance with all applicable requirements 
of parts 262, 263, and 265 of this chapter.

    (g) Generators of between 100 and 1,000 kg/mo must comply with the 
following special requirements for ignitable or reactive waste:
    (1) Ignitable or reactive waste must not be placed in a tank, 
unless:
    (i) The waste is treated, rendered, or mixed before or immediately 
after placement in a tank so that (A) the resulting waste, mixture, or 
dissolution of material no longer meets the definition of ignitable or 
reactive waste under Sec. 261.21 or Sec. 261.23 of this chapter, and 
(B) Sec. 265.17(b) is complied with; or
    (ii) The waste is stored or treated in such a way that it is 
protected from any material or conditions that may cause the waste to 
ignite or react; or
    (iii) The tank is used solely for emergencies.
    (2) The owner or operator of a facility which treats or stores 
ignitable or reactive waste in covered tanks must comply with the buffer 
zone requirements for tanks contained in Tables 2-1 through 2-6 of the 
National Fire Protection Association's ``Flammable and Combustible 
Liquids Code,'' (1977 or 1981) (incorporated by reference, see Sec. 
260.11).
    (h) Generators of between 100 and 1,000 kg/mo must comply with the 
following special requirements for incompatible wastes:
    (1) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same tank, unless 
Sec. 265.17(b) is complied with.
    (2) Hazardous waste must not be placed in an unwashed tank which 
previously held an incompatible waste or material, unless Sec. 
265.17(b) is complied with.

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 
71 FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, 2006]



Sec. 265.202  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
tank in accordance with the applicable requirements of subparts AA, BB, 
and CC of this part.

[61 FR 59968, Nov. 25, 1996]



                     Subpart K_Surface Impoundments



Sec. 265.220  Applicability.

    The regulations in this subpart apply to owners and operators of fa 
cil i ties that use surface impoundments to treat, store, or dispose of 
haz ard ous waste, except as Sec. 265.1 provides otherwise.



Sec. 265.221  Design and operating requirements.

    (a) The owner or operator of each new surface impoundment unit, each 
lateral expansion of a surface impoundment unit, and each replacement of 
an existing surface impoundment unit must install two or more liners, 
and a leachate collection and removal system between the liners, and 
operate the leachate collection and removal

[[Page 673]]

system, in accordance with Sec. 264.221(c), unless exempted under Sec. 
264.221(d), (e), or (f) of this Chapter.
    (b) The owner or operator of each unit referred to in paragraph (a) 
of this section must notify the Regional Administrator at least sixty 
days prior to receiving waste. The owner or operator of each facility 
submitting notice must file a part B application within six months of 
the receipt of such notice.
    (c) The owner or operator of any replacement surface impoundment 
unit is exempt from paragraph (a) of this section if:
    (1) The existing unit was constructed in compliance with the design 
standards of Sec. 3004(o)(1)(A)(i) and (o)(5) of the Resource 
Conservation and Recovery Act; and
    (2) There is no reason to believe that the liner is not functioning 
as designed.
    (d) The double liner requirement set forth in paragraph (a) of this 
section may be waived by the Regional Administrator for any monofill, 
if:
    (1) The monofill contains only hazardous wastes from foundry furnace 
emission controls or metal casting molding sand, and such wastes do not 
contain constituents which would render the wastes hazardous for reasons 
other than the Toxicity Characteristic in Sec. 261.24 of this chapter, 
with EPA Hazardous Waste Numbers D004 through D017; and
    (2)(i)(A) The monofill has at least one liner for which there is no 
evidence that such liner is leaking. For the purposes of this paragraph 
the term ``liner'' means a liner designed, constructed, installed, and 
operated to prevent hazardous waste from passing into the liner at any 
time during the active life of the facility, or a liner designed, 
constructed, installed, and operated to prevent hazardous waste from 
migrating beyond the liner to adjacent subsurface soil, ground water, or 
surface water at any time during the active life of the facility. In the 
case of any surface impoundment which has been exempted from the 
requirements of paragraph (a) of this section on the basis of a liner 
designed, constructed, installed, and operated to prevent hazardous 
waste from passing beyond the liner, at the closure of such impoundment 
the owner or operator must remove or decontaminate all waste residues, 
all contaminated liner material, and contaminated soil to the extent 
practicable. If all contaminated soil is not removed or decontaminated, 
the owner or operator of such impoundment must comply with appropriate 
post-closure requirements, including but not limited to ground-water 
monitoring and corrective action;
    (B) The monofill is located more than one-quarter mile from an 
``underground source of drinking water'' (as that term is defined in 40 
CFR 270.2); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requirements for facilities with permits under RCRA 
section 3005(c); or
    (ii) The owner or operator demonstrates that the monofill is 
located, designed and operated so as to assure that there will be no 
migration of any hazardous constituent into ground water or surface 
water at any future time.
    (e) In the case of any unit in which the liner and leachate 
collection system has been installed pursuant to the requirements of 
paragraph (a) of this section and in good faith compliance with 
paragraph (a) of this section and with guidance documents governing 
liners and leachate collection systems under paragraph (a) of this 
section, no liner or leachate collection system which is different from 
that which was so installed pursuant to paragraph (a) of this section 
will be required for such unit by the Regional Administrator when 
issuing the first permit to such facility, except that the Regional 
Administrator will not be precluded from requiring installation of a new 
liner when the Regional Administrator has reason to believe that any 
liner installed pursuant to the requirements of paragraph (a) of this 
section is leaking.
    (f) A surface impoundment must maintain enough freeboard to prevent 
any overtopping of the dike by overfilling, wave action, or a storm. 
Except as provided in paragraph (b) of this section, there must be at 
least 60 centimeters (two feet) of freeboard.
    (g) A freeboard level less than 60 centimeters (two feet) may be 
maintained

[[Page 674]]

if the owner or operator obtains certification by a qualified engineer 
that alternate design features or operating plans will, to the best of 
his knowledge and opinion, prevent overtopping of the dike. The 
certification, along with a written identification of alternate design 
features or operating plans preventing overtopping, must be maintained 
at the facility.
    (h) Surface impoundments that are newly subject to RCRA section 
3005(j)(1) due to the promulgation of additional listings or 
characteristics for the identification of hazardous waste must be in 
compliance with paragraphs (a), (c) and (d) of this section not later 
than 48 months after the promulgation of the additional listing or 
characteristic. This compliance period shall not be cut short as the 
result of the promulgation of land disposal prohibitions under part 268 
of this chapter or the granting of an extension to the effective date of 
a prohibition pursuant to Sec. 268.5 of this chapter, within this 48-
month period.

[50 FR 16048, Apr. 23, 1985. Redesignated at 57 FR 3492, Jan. 29, 1992. 
50 FR 28749, July 15, 1985, as amended at 55 FR 11876, Mar. 29, 1990; 57 
FR 3492, Jan. 29, 1992; 57 FR 37267, Aug. 18, 1992; 71 FR 16911, Apr. 4, 
2006; 71 FR 40275, July 14, 2006]



Sec. 265.222  Action leakage rate.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 265.221(a) must submit a proposed action leakage rate to the 
Regional Administrator when submitting the notice required under Sec. 
265.221(b). Within 60 days of receipt of the notification, the Regional 
Administrator will: Establish an action leakage rate, either as proposed 
by the owner or operator or modified using the criteria in this section; 
or extend the review period for up to 30 days. If no action is taken by 
the Regional Administrator before the original 60 or extended 90 day 
review periods, the action leakage rate will be approved as proposed by 
the owner or operator.
    (b) The Regional Administrator shall approve an action leakage rate 
for surface impoundment units subject to Sec. 265.221(a). The action 
leakage rate is the maximum design flow rate that the leak detection 
system (LDS) can remove without the fluid head on the bottom liner 
exceeding 1 foot. The action leakage rate must include an adequate 
safety margin to allow for uncertainties in the design (e.g., slope, 
hydraulic conductivity, thickness of drainage material), construction, 
operation, and location of the LDS, waste and leachate characteristics, 
likelihood and amounts of other sources of liquids in the LDS, and 
proposed response actions (e.g., the action leakage rate must consider 
decreases in the flow capacity of the system over time resulting from 
siltation and clogging, rib layover and creep of synthetic components of 
the system, overburden pressures, etc.).
    (c) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly or monthly flow rate from the 
monitoring data obtained under Sec. 265.226(b), to an average daily 
flow rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period, and if the unit closes in accordance with Sec. 
265.228(a)(2), monthly during the post-closure care period when monthly 
monitoring is required under Sec. 265.226(b).

[57 FR 3492, Jan. 29, 1992]



Sec. 265.223  Containment system.

    All earthen dikes must have a protective cover, such as grass, 
shale, or rock, to minimize wind and water erosion and to preserve their 
structural integrity.



Sec. 265.224  Response actions.

    (a) The owner or operator of surface impoundment units subject to 
Sec. 265.221(a) must develop and keep on site until closure of the 
facility a response action plan. The response action plan must set forth 
the actions to be taken if the action leakage rate has been exceeded. At 
a minimum, the response action plan must describe the actions specified 
in paragraph (b) of this section.
    (b) If the flow rate into the leak detection system exceeds the 
action leakage rate for any sump, the owner or operator must:

[[Page 675]]

    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipt should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and longer-term actions to be 
taken to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b)(3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b)(3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the liquids in the leak detection system to identify the source of 
liquids and possible location of any leaks, and the hazard and mobility 
of the liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or
    (2) Document why such assessments are not needed.

[57 FR 3492, Jan. 29, 1992. Redesignated and amended at 71 FR 16911, 
Apr. 4, 2006; 71 FR 40275, July 14, 2006]



Sec. 265.225  Waste analysis and trial tests.

    (a) In addition to the waste analyses required by Sec. 265.13, 
whenever a surface impoundment is to be used to:
    (1) Chemically treat a hazardous waste which is substantially 
different from waste previously treated in that impoundment; or
    (2) Chemically treat hazardous waste with a substantially different 
process than any previously used in that impoundment; the owner or 
operator must, before treating the different waste or using the 
different process:
    (i) Conduct waste analyses and trial treatment tests (e.g., bench 
scale or pilot plant scale tests); or
    (ii) Obtain written, documented information on similar treatment of 
similar waste under similar operating conditions; to show that this 
treatment will comply with Sec. 265.17(b).

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Sec. Sec. 265.229 and 265.230. 
As required by Sec. 265.73, the owner or operator must place the 
results from each waste analysis and trial test, or the documented 
information, in the operating record of the facility.]

    (b) [Reserved]



Sec. 265.226  Monitoring and inspection.

    (a) The owner or operator must inspect:
    (1) The freeboard level at least once each operating day to ensure 
compliance with Sec. 265.222, and
    (2) The surface impoundment, including dikes and vegetation 
surrounding the dike, at least once a week to detect any leaks, 
deterioration, or failures in the impoundment.
    (b)(1) An owner or operator required to have a leak detection system 
under Sec. 265.221(a) must record the amount of liquids removed from 
each leak detection system sump at least once each week during the 
active life and closure period.
    (2) After the final cover is installed, the amount of liquids 
removed from each leak detection system sump must be recorded at least 
monthly. If the liquid level in the sump stays below the pump operating 
level for two consecutive months, the amount of liquids in the sumps 
must be recorded at least quarterly. If the liquid level in the sump 
stays below the pump operating

[[Page 676]]

level for two consecutive quarters, the amount of liquids in the sumps 
must be recorded at least semi-annually. If at any time during the post-
closure care period the pump operating level is exceeded at units on 
quarterly or semi-annual recording schedules, the owner or operator must 
return to monthly recording of amounts of liquids removed from each sump 
until the liquid level again stays below the pump operating level for 
two consecutive months.
    (3) ``Pump operating level'' is a liquid level proposed by the owner 
or operator and approved by the Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids backup into the 
drainage layer and minimizes head in the sump. The timing for submission 
and approval of the proposed ``pump operating level'' will be in 
accordance with Sec. 265.222(a).

[Comment: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.]

[45 FR 33232, May 19, 1980, as amended at 57 FR 3493, Jan. 29, 1992]



Sec. 265.227  [Reserved]



Sec. 265.228  Closure and post-closure care.

    (a) At closure, the owner or operator must:
    (1) Remove or decontaminate all waste residues, contaminated 
containment system components (liners, etc.), contaminated subsoils, and 
structures and equipment contaminated with waste and leachate, and 
manage them as hazardous waste unless Sec. 261.3(d) of this chapter 
applies; or
    (2) Close the impoundment and provide post-closure care for a 
landfill under subpart G and Sec. 265.310, including the following:
    (i) Eliminate free liquids by removing liquid wastes or solidifying 
the remaining wastes and waste residues;
    (ii) Stabilize remaining wastes to a bearing capacity sufficient to 
support the final cover; and
    (iii) Cover the surface impoundment with a final cover designed and 
constructed to:
    (A) Provide long-term minimization of the migration of liquids 
through the closed impoundment;
    (B) Function with minimum maintenance;
    (C) Promote drainage and minimize erosion or abrasion of the cover;
    (D) Accommodate settling and subsidence so that the cover's 
integrity is maintained; and
    (E) Have a permeability less than or equal to the permeability of 
any bottom liner system or natural subsoils present.
    (b) In addition to the requirements of subpart G, and Sec. 265.310, 
during the post-closure care period, the owner or operator of a surface 
impoundment in which wastes, waste residues, or contaminated materials 
remain after closure in accordance with the provisions of paragraph 
(a)(2) of this section must:
    (1) Maintain the integrity and effectiveness of the final cover, 
including making repairs to the cover as necessary to correct the 
effects of settling, subsidence, erosion, or other events;
    (2) Maintain and monitor the leak detection system in accordance 
with Sec. Sec. 264.221(c)(2)(iv) and (3) of this chapter and 265.226(b) 
and comply with all other applicable leak detection system requirements 
of this part;
    (3) Maintain and monitor the ground-water monitoring system and 
comply with all other applicable requirements of subpart F of this part; 
and
    (4) Prevent run-on and run-off from eroding or otherwise damaging 
the final cover.

[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992; 71 
FR 40275, July 14, 2006]



Sec. 265.229  Special requirements for ignitable or reactive waste.

    Ignitable or reactive waste must not be placed in a surface 
impoundment, unless the waste and impoundment satisfy all applicable 
requirements of 40 CFR part 268, and:
    (a) The waste is treated, rendered, or mixed before or immediately 
after placement in the impoundment so that:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 265.17(b) is complied with; or

[[Page 677]]

    (b)(1) The waste is managed in such a way that it is protected from 
any material or conditions which may cause it to ignite or react; and
    (2) The owner or operator obtains a certification from a qualified 
chemist or engineer that, to the best of his knowledge and opinion, the 
design features or operating plans of the facility will prevent ignition 
or reaction; and
    (3) The certification and the basis for it are maintained at the 
facility; or
    (c) The surface impoundment is used solely for emergencies.

[50 FR 16048, Apr. 23, 1985, as amended at 55 FR 22685, June 1, 1990; 71 
FR 40275, July 14, 2006]



Sec. 265.230  Special requirements for incompatible wastes.

    Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same surface 
impoundment, unless Sec. 265.17(b) is complied with.



Sec. 265.231  Air emission standards.

    The owner or operator shall manage all hazardous waste placed in a 
surface impoundment in accordance with the applicable requirements of 
subparts BB and CC of this part.

[61 FR 59968, Nov. 25, 1996]



                          Subpart L_Waste Piles



Sec. 265.250  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that treat or store hazardous waste in piles, except as Sec. 
265.1 provides otherwise. Alternatively, a pile of hazardous waste may 
be managed as a landfill under subpart N.



Sec. 265.251  Protection from wind.

    The owner or operator of a pile containing hazardous waste which 
could be subject to dispersal by wind must cover or otherwise manage the 
pile so that wind dispersal is controlled.



Sec. 265.252  Waste analysis.

    In addition to the waste analyses required by Sec. 265.13, the 
owner or operator must analyze a representative sample of waste from 
each incoming movement before adding the waste to any existing pile, 
unless (1) The only wastes the facility receives which are amenable to 
piling are compatible with each other, or (2) the waste received is 
compatible with the waste in the pile to which it is to be added. The 
analysis conducted must be capable of differentiating between the types 
of hazardous waste the owner or operator places in piles, so that mixing 
of incompatible waste does not inadvertently occur. The analysis must 
include a visual comparison of color and texture.

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Sec. Sec. 265.256 and 265.257. 
As required by Sec. 265.73, the owner or operator must place the 
results of this analysis in the operating record of the facility.]

    (b) [Reserved]



Sec. 265.253  Containment.

    If leachate or run-off from a pile is a hazardous waste, then 
either:
    (a)(1) The pile must be placed on an impermeable base that is 
compatible with the waste under the conditions of treatment or storage;
    (2) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
active portion of the pile during peak discharge from at least a 25-year 
storm;
    (3) The owner or operator must design, construct, operate, and 
maintain a run-off management system to collect and control at least the 
water volume resulting from a 24-hour, 25-year storm; and
    (4) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously to maintain design capacity of the 
system; or
    (b)(1) The pile must be protected from precipitation and run-on by 
some other means; and
    (2) No liquids or wastes containing free liquids may be placed in 
the pile.

[Comment: If collected leachate or run-off is discharged through a point 
source to waters of the United States, it is subject to the requirements 
of section 402 of the Clean Water Act, as amended.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32367, July 26, 1982]

[[Page 678]]



Sec. 265.254  Design and operating requirements.

    The owner or operator of each new waste pile on which construction 
commences after January 29, 1992, each lateral expansion of a waste pile 
unit on which construction commences after July 29, 1992, and each such 
replacement of an existing waste pile unit that is to commence reuse 
after July 29, 1992 must install two or more liners and a leachate 
collection and removal system above and between such liners, and operate 
the leachate collection and removal systems, in accordance with Sec. 
264.251(c), unless exempted under Sec. 264.251(d), (e), or (f), of this 
chapter; and must comply with the procedures of Sec. 265.221(b). 
``Construction commences'' is as defined in Sec. 260.10 of this chapter 
under ``existing facility''.

[57 FR 3493, Jan. 29, 1992]



Sec. 265.255  Action leakage rates.

    (a) The owner or operator of waste pile units subject to Sec. 
265.254 must submit a proposed action leakage rate to the Regional 
Administrator when submitting the notice required under Sec. 265.254. 
Within 60 days of receipt of the notification, the Regional 
Administrator will: Establish an action leakage rate, either as proposed 
by the owner or operator or modified using the criteria in this section; 
or extend the review period for up to 30 days. If no action is taken by 
the Regional Administrator before the original 60 or extended 90 day 
review periods, the action leakage rate will be approved as proposed by 
the owner or operator.
    (b) The Regional Administrator shall approve an action leakage rate 
for waste pile units subject to Sec. 265.254. The action leakage rate 
is the maximum design flow rate that the leak detection system (LDS) can 
remove without the fluid head on the bottom liner exceeding 1 foot. The 
action leakage rate must include an adequate safety margin to allow for 
uncertainties in the design (e.g., slope, hydraulic conductivity, 
thickness of drainage material), construction, operation, and location 
of the LDS, waste and leachate characteristics, likelihood and amounts 
of other sources of liquids in the LDS, and proposed response actions 
(e.g., the action leakage rate must consider decreases in the flow 
capacity of the system over time resulting from siltation and clogging, 
rib layover and creep of synthetic components of the system, overburden 
pressures, etc.).
    (c) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly flow rate from the monitoring 
data obtained under Sec. 265.260, to an average daily flow rate 
(gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period.

[57 FR 3493, Jan. 29, 1992, as amended at 71 FR 40275, July 14, 2006]



Sec. 265.256  Special requirements for ignitable or reactive waste.

    (a) Ignitable or reactive waste must not be placed in a pile unless 
the waste and pile satisfy all applicable requirements of 40 CFR part 
268, and:
    (1) Addition of the waste to an existing pile (i) results in the 
waste or mixture no longer meeting the definition of ignitable or 
reactive waste under Sec. 261.21 or Sec. 261.23 of this chapter, and 
(ii) complies with Sec. 265.17(b); or
    (2) The waste is managed in such a way that it is protected from any 
material or conditions which may cause it to ignite or react.
    (b) [Reserved]

[45 FR 33232, May 19, 1980, as amended at 55 FR 22685, June 1, 1990]



Sec. 265.257  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same pile, unless 
Sec. 265.17(b) is complied with.
    (b) A pile of hazardous waste that is incompatible with any waste or 
other material stored nearby in other containers, piles, open tanks, or 
surface impoundments must be separated from the other materials, or 
protected from them by means of a dike, berm, wall, or other device.


[[Page 679]]


[Comment: The purpose of this is to prevent fires, explosions, gaseous 
emissions, leaching, or other discharge of hazardous waste or hazardous 
waste constituents which could result from the contact or mixing of 
incompatible wastes or materials.]

    (c) Hazardous waste must not be piled on the same area where 
incompatible wastes or materials were previously piled, unless that area 
has been decontaminated sufficiently to ensure compliance with Sec. 
265.17(b).



Sec. 265.258  Closure and post-closure care.

    (a) At closure, the owner or operator must remove or decontaminate 
all waste residues, contaminated containment system components (liners, 
etc.), contaminated subsoils, and structures and equipment contaminated 
with waste and leachate, and manage them as hazardous waste unless Sec. 
261.3(d) of this chapter applies; or
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with the closure and post-closure requirements that apply to landfills 
(Sec. 265.310).

[47 FR 32368, July 26, 1982]



Sec. 265.259  Response actions.

    (a) The owner or operator of waste pile units subject to Sec. 
265.254 must develop and keep on-site until closure of the facility a 
response action plan. The response action plan must set forth the 
actions to be taken if the action leakage rate has been exceeded. At a 
minimum, the response action plan must describe the actions specified in 
paragraph (b) of this section.
    (b) If the flow rate into the leak determination system exceeds the 
action leakage rate for any sump, the owner or operator must:
    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipts should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and longer-term actions to be 
taken to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b)(3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b)(3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the liquids in the leak detection system to identify the source of 
liquids and possible location of any leaks, and the hazard and mobility 
of the liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or
    (2) Document why such assessments are not needed.

[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 16911, Apr. 4, 2006; 71 
FR 40275, July 14, 2006]



Sec. 265.260  Monitoring and inspection.

    An owner or operator required to have a leak detection system under 
Sec. 265.254 must record the amount of liquids removed from each leak 
detection

[[Page 680]]

system sump at least once each week during the active life and closure 
period.

[57 FR 3494, Jan. 29, 1992]



                        Subpart M_Land Treatment



Sec. 265.270  Applicability.

    The regulations in this subpart apply to owners and operators of 
hazardous waste land treatment facilities, except as Sec. 265.1 
provides otherwise.



Sec. 265.271  [Reserved]



Sec. 265.272  General operating requirements.

    (a) Hazardous waste must not be placed in or on a land treatment 
facility unless the waste can be made less hazardous or nonhazardous by 
degradation, transformation, or immobilization processes occurring in or 
on the soil.
    (b) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
active portions of the facility during peak discharge from at least a 
25-year storm.
    (c) The owner or operator must design, construct, operate, and 
maintain a run-off management system capable of collecting and 
controlling a water volume at least equivalent to a 24-hour, 25-year 
storm.
    (d) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously after storms to maintain design capacity 
of the system.
    (e) If the treatment zone contains particulate matter which may be 
subject to wind dispersal, the owner or operator must manage the unit to 
control wind dispersal.

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 
FR 16048, Apr. 23, 1985]



Sec. 265.273  Waste analysis.

    In addition to the waste analyses required by Sec. 265.13, before 
placing a hazardous waste in or on a land treatment facility, the owner 
or operator must:
    (a) Determine the concentrations in the waste of any substances 
which equal or exceed the maximum concentrations contained in Table 1 of 
Sec. 261.24 of this chapter that cause a waste to exhibit the Toxicity 
Characteristic;
    (b) For any waste listed in part 261, subpart D, of this chapter, 
determine the concentrations of any substances which caused the waste to 
be listed as a hazardous waste; and
    (c) If food chain crops are grown, determine the concentrations in 
the waste of each of the following constituents: arsenic, cadmium, lead, 
and mercury, unless the owner or operator has written, documented data 
that show that the constituent is not present.

[Comment: Part 261 of this chapter specifies the substances for which a 
waste is listed as a hazardous waste. As required by Sec. 265.13, the 
waste analysis plan must include analyses needed to comply with 
Sec. Sec. 265.281 and 265.282. As required by Sec. 265.73, the owner 
or operator must place the results from each waste analysis, or the 
documented information, in the operating record of the facility.]

[45 FR 33232, May 19, 1980, as amended at 55 FR 11876, Mar. 29, 1990]



Sec. Sec. 265.274-265.275  [Reserved]



Sec. 265.276  Food chain crops.

    (a) An owner or operator of a hazardous waste land treatment 
facility on which food chain crops are being grown, or have been grown 
and will be grown in the future, must notify the Regional Administrator 
within 60 days after the effective date of this part.

[Comment: The growth of food chain crops at a facility which has never 
before been used for this purpose is a significant change in process 
under Sec. 122.72(c) of this chapter. Owners or operators of such land 
treatment facilities who propose to grow food chain crops after the 
effective date of this part must comply with Sec. 122.72(c) of this 
chapter.]

    (b)(1) Food chain crops must not be grown on the treated area of a 
hazardous waste land treatment facility unless the owner or operator can 
demonstrate, based on field testing, that any arsenic, lead, mercury, or 
other constituents identified under Sec. 265.273(b):
    (i) Will not be transferred to the food portion of the crop by plant 
uptake or direct contact, and will not otherwise

[[Page 681]]

be ingested by food chain animals (e.g., by grazing); or
    (ii) Will not occur in greater concentrations in the crops grown on 
the land treatment facility than in the same crops grown on untreated 
soils under similar conditions in the same region.
    (2) The information necessary to make the demonstration required by 
paragraph (b)(1) of this section must be kept at the facility and must, 
at a minimum:
    (i) Be based on tests for the specific waste and application rates 
being used at the facility; and
    (ii) Include descriptions of crop and soil characteristics, sample 
selection criteria, sample size determination, analytical methods, and 
statistical procedures.
    (c) Food chain crops must not be grown on a land treatment facility 
receiving waste that contains cadmium unless all requirements of 
paragraphs (c)(1) (i) through (iii) of this section or all requirements 
of paragraphs (c)(2) (i) through (iv) of this section are met.
    (1)(i) The pH of the waste and soil mixture is 6.5 or greater at the 
time of each waste application, except for waste containing cadmium at 
concentrations of 2 mg/kg (dry weight) or less;
    (ii) The annual application of cadmium from waste does not exceed 
0.5 kilograms per hectare (kg/ha) on land used for production of 
tobacco, leafy vegetables, or root crops grown for human consumption. 
For other food chain crops, the annual cadmium application rate does not 
exceed:

------------------------------------------------------------------------
                                                              Annual Cd
                                                             application
                        Time period                           rate (kg/
                                                                 ha)
------------------------------------------------------------------------
Present to June 30, 1984...................................          2.0
July 1, 1984 to December 31, 1986..........................         1.25
Beginning January 1, 1987..................................          0.5
------------------------------------------------------------------------

    (iii) The cumulative application of cadmium from waste does not 
exceed the levels in either paragraph (c)(1)(iii)(A) or (B) of this 
section.
    (A)

------------------------------------------------------------------------
                                                    Maximum cumulative
                                                    application (kg/ha)
                                                 -----------------------
    Soil caption exchange capacity (meq/100g)     Background  Background
                                                    soil pH     soil pH
                                                   less than    greater
                                                      6.5      than 6.5
------------------------------------------------------------------------
Less than 5.....................................           5           5
5 to 15.........................................           5          10
Greater than 15.................................           5          20
------------------------------------------------------------------------

    (B) For soils with a background pH of less than 6.5, the cumulative 
cadmium application rate does not exceed the levels below: Provided, 
that the pH of the waste and soil mixture is adjusted to and maintained 
at 6.5 or greater whenever food chain crops are grown.

------------------------------------------------------------------------
                                                               Maximum
                                                              cumulative
         Soil caption exchange capacity (meq/100g)           application
                                                               (kg/ha)
------------------------------------------------------------------------
Less than 5................................................            5
5 to 15....................................................           10
Greater than 15............................................           20
------------------------------------------------------------------------

    (2)(i) The only food chain crop produced is animal feed.
    (ii) The pH of the waste and soil mixture is 6.5 or greater at the 
time of waste application or at the time the crop is planted, whichever 
occurs later, and this pH level is maintained whenever food chain crops 
are grown.
    (iii) There is a facility operating plan which demonstrates how the 
animal feed will be distributed to preclude ingestion by humans. The 
facility operating plan describes the measures to be taken to safeguard 
against possible health hazards from cadmium entering the food chain, 
which may result from alternative land uses.
    (iv) Future property owners are notified by a stipulation in the 
land record or property deed which states that the property has received 
waste at high cadmium application rates and that food chain crops must 
not be grown except in compliance with paragraph (c)(2) of this section.

[Comment: As required by Sec. 265.73, if an owner or operator grows 
food chain crops on his land treatment facility, he must place the 
information developed in this section in the operating record of the 
facility.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 48 
FR 14295, Apr. 1, 1983]

[[Page 682]]



Sec. 265.277  [Reserved]



Sec. 265.278  Unsaturated zone (zone of aeration) monitoring.

    (a) The owner or operator must have in writing, and must implement, 
an unsaturated zone monitoring plan which is designed to:
    (1) Detect the vertical migration of hazardous waste and hazardous 
waste constituents under the active portion of the land treatment 
facility, and
    (2) Provide information on the background concentrations of the 
hazardous waste and hazardous waste constituents in similar but 
untreated soils nearby; this background monitoring must be conducted 
before or in conjunction with the monitoring required under paragraph 
(a)(1) of this section.
    (b) The unsaturated zone monitoring plan must include, at a minimum:
    (1) Soil monitoring using soil cores, and
    (2) Soil-pore water monitoring using devices such as lysimeters.
    (c) To comply with paragraph (a)(1) of this section, the owner or 
operator must demonstrate in his unsaturated zone monitoring plan that:
    (1) The depth at which soil and soil-pore water samples are to be 
taken is below the depth to which the waste is incorporated into the 
soil;
    (2) The number of soil and soil-pore water samples to be taken is 
based on the variability of:
    (i) The hazardous waste constituents (as identified in Sec. 
265.273(a) and (b)) in the waste and in the soil; and
    (ii) The soil type(s); and
    (3) The frequency and timing of soil and soil-pore water sampling is 
based on the frequency, time, and rate of waste application, proximity 
to ground water, and soil permeability.
    (d) The owner or operator must keep at the facility his unsaturated 
zone monitoring plan, and the rationale used in developing this plan.
    (e) The owner or operator must analyze the soil and soil-pore water 
samples for the hazardous waste constituents that were found in the 
waste during the waste analysis under Sec. 265.273 (a) and (b).

[Comment: As required by Sec. 265.73, all data and information 
developed by the owner or operator under this section must be placed in 
the operating record of the facility.]



Sec. 265.279  Recordkeeping.

    The owner or operator must include hazardous waste application dates 
and rates in the operating record required under Sec. 265.73.

[47 FR 32368, July 26, 1982]



Sec. 265.280  Closure and post-closure.

    (a) In the closure plan under Sec. 265.112 and the post-closure 
plan under Sec. 265.118, the owner or operator must address the 
following objectives and indicate how they will be achieved:
    (1) Control of the migration of hazardous waste and hazardous waste 
constituents from the treated area into the ground water;
    (2) Control of the release of contaminated run-off from the facility 
into surface water;
    (3) Control of the release of airborne particulate contaminants 
caused by wind erosion; and
    (4) Compliance with Sec. 265.276 concerning the growth of food-
chain crops.
    (b) The owner or operator must consider at least the following 
factors in addressing the closure and post-closure care objectives of 
paragraph (a) of this section:
    (1) Type and amount of hazardous waste and hazardous waste con stit 
u ents applied to the land treat ment facility;
    (2) The mobility and the expected rate of migration of the hazard 
ous waste and hazardous waste constituents;
    (3) Site location, topography, and surrounding land use, with 
respect to the potential effects of pollutant migration (e.g., proximity 
to ground water, surface water and drinking water sources);
    (4) Climate, including amount, frequency, and pH of precipitation;
    (5) Geological and soil profiles and surface and subsurface 
hydrology of the site, and soil characteristics, including cation 
exchange capacity, total organic carbon, and pH;
    (6) Unsaturated zone monitoring information obtained under Sec. 
265.278; and

[[Page 683]]

    (7) Type, concentration, and depth of migration of hazardous waste 
constituents in the soil as compared to their background concentrations.
    (c) The owner or operator must consider at least the following 
methods in addressing the closure and post-closure care objectives of 
paragraph (a) of this section:
    (1) Removal of contaminated soils;
    (2) Placement of a final cover, considering:
    (i) Functions of the cover (e.g., infiltration control, erosion and 
run-off control, and wind erosion control); and
    (ii) Characteristics of the cover, including material, final surface 
contours, thickness, porosity and permeability, slope, length of run of 
slope, and type of vegetation on the cover; and
    (3) Monitoring of ground water.
    (d) In addition to the requirements of subpart G of this part, 
during the closure period the owner or operator of a land treatment 
facility must:
    (1) Continue unsaturated zone monitoring in a manner and frequency 
specified in the closure plan, except that soil pore liquid monitoring 
may be terminated 90 days after the last application of waste to the 
treatment zone;
    (2) Maintain the run-on control system required under Sec. 
265.272(b);
    (3) Maintain the run-off management system required under Sec. 
265.272(c); and
    (4) Control wind dispersal of particulate matter which may be 
subject to wind dispersal.
    (e) For the purpose of complying with Sec. 265.115, when closure is 
completed the owner or operator may submit to the Regional Administrator 
certification both by the owner or operator and by an independent, 
qualified soil scientist, in lieu of a qualified Professional Engineer, 
that the facility has been closed in accordance with the specifications 
in the approved closure plan.
    (f) In addition to the requirements of Sec. 265.117, during the 
post-closure care period the owner or operator of a land treatment unit 
must:
    (1) Continue soil-core monitoring by collecting and analyzing 
samples in a manner and frequency specified in the post-closure plan;
    (2) Restrict access to the unit as appropriate for its post-closure 
use;
    (3) Assure that growth of food chain crops complies with Sec. 
265.276; and
    (4) Control wind dispersal of hazardous waste.

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 71 
FR 16911, Apr. 4, 2006; 71 FR 40275, July 14, 2006]



Sec. 265.281  Special requirements for ignitable or reactive waste.

    The owner or operator must not apply ignitable or reactive waste to 
the treatment zone unless the waste and treatment zone meet all 
applicable requirements of 40 CFR part 268, and:
    (a) The waste is immediately incorporated into the soil so that:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 264.17(b) is complied with; or
    (b) The waste is managed in such a way that it is protected from any 
material or conditions which may cause it to ignite or react.

[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990; 71 
FR 40275, July 14, 2006]



Sec. 265.282  Special requirements for incompatible wastes.

    Incompatible wastes, or incompatible wastes and materials (see 
appendix V for examples), must not be placed in the same land treatment 
area, unless Sec. 265.17(b) is complied with.



                           Subpart N_Landfills



Sec. 265.300  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities that dispose of hazardous waste in landfills, except as Sec. 
265.1 provides otherwise. A waste pile used as a disposal facility is a 
landfill and is governed by this subpart.



Sec. 265.301  Design and operating requirements.

    (a) The owner or operator of each new landfill unit, each lateral 
expansion of a landfill unit, and each replacement of an existing 
landfill unit must install two or more liners and a

[[Page 684]]

leachate collection and removal system above and between such liners, 
and operate the leachate collection and removal system, in accordance 
with Sec. 264.301(c), unless exempted under Sec. 264.301(d), (e), or 
(f) of this chapter.
    (b) The owner or operator of each unit referred to in paragraph (a) 
of this section must notify the Regional Administrator at least sixty 
days prior to receiving waste. The owner or operator of each facility 
submitting notice must file a part B application within six months of 
the receipt of such notice.
    (c) The owner or operator of any replacement landfill unit is exempt 
from paragraph (a) of this section if:
    (1) The existing unit was constructed in compliance with the design 
standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource 
Conservation and Recovery Act; and
    (2) There is no reason to believe that the liner is not functioning 
as designed.
    (d) The double liner requirement set forth in paragraph (a) of this 
section may be waived by the Regional Administrator for any monofill, 
if:
    (1) The monofill contains only hazardous wastes from foundry furnace 
emission controls or metal casting molding sand, and such wastes do not 
contain constituents which would render the wastes hazardous for reasons 
other than the Toxicity Characteristic in Sec. 261.24 of this chapter, 
with EPA Hazardous Waste Numbers D004 through D017; and
    (2)(i)(A) The monofill has at least one liner for which there is no 
evidence that such liner is leaking;
    (B) The monofill is located more than one-quarter mile from an 
``underground source of drinking water'' (as that term is defined in 40 
CFR 270.2); and
    (C) The monofill is in compliance with generally applicable ground-
water monitoring requirements for facilities with permits under RCRA 
section 3005(c); or
    (ii) The owner or operator demonstrates that the monofill is 
located, designed and operated so as to assure that there will be no 
migration of any hazardous constituent into ground water or surface 
water at any future time.
    (e) In the case of any unit in which the liner and leachate 
collection system has been installed pursuant to the requirements of 
paragraph (a) of this section and in good faith compliance with 
paragraph (a) of this section and with guidance documents governing 
liners and leachate collection systems under paragraph (a) of this 
section, no liner or leachate collection system which is different from 
that which was so installed pursuant to paragraph (a) of this section 
will be required for such unit by the Regional Administrator when 
issuing the first permit to such facility, except that the Regional 
Administrator will not be precluded from requiring installation of a new 
liner when the Regional Administrator has reason to believe that any 
liner installed pursuant to the requirements of paragraph (a) of this 
section is leaking.
    (f) The owner or operator must design, construct, operate, and 
maintain a run-on control system capable of preventing flow onto the 
active portion of the landfill during peak discharge from at least a 25-
year storm.
    (g) The owner or operator must design, construct, operate and 
maintain a run-off management system to collect and control at least the 
water volume resulting from a 24-hour, 25-year storm.
    (h) Collection and holding facilities (e.g., tanks or basins) 
associated with run-on and run-off control systems must be emptied or 
otherwise managed expeditiously after storms to maintain design capacity 
of the system.
    (i) The owner or operator of a landfill containing hazardous waste 
which is subject to dispersal by wind must cover or otherwise manage the 
landfill so that wind dispersal of the hazardous waste is controlled.

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Sec. Sec. 265.312, 265.313, and 
265.314. As required by Sec. 265.73, the owner or operator must place 
the results of these analyses in the operating record of the facility.]

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 50 
FR 18374, Apr. 30, 1985. Redesignated from Sec. 265.302 at 57 FR 3494, 
Jan. 29, 1992; 50 FR 28750, July 15, 1985, as amended at 57 FR 3494, 
Jan. 29, 1992; 57 FR 30658, July 10, 1992; 71 FR 16911, Apr. 4, 2006; 71 
FR 40275, July 14, 2006]

[[Page 685]]



Sec. 265.302  Action leakage rate.

    (a) The owner or operator of landfill units subject to Sec. 
265.301(a) must submit a proposed action leakage rate to the Regional 
Administrator when submitting the notice required under Sec. 
265.301(b). Within 60 days of receipt of the notification, the Regional 
Administrator will: Establish an action leakage rate, either as proposed 
by the owner or operator or modified using the criteria in this section; 
or extend the review period for up to 30 days. If no action is taken by 
the Regional Administrator before the original 60 or extended 90 day 
review periods, the action leakage rate will be approved as proposed by 
the owner or operator.
    (b) The Regional Administrator shall approve an action leakage rate 
for land fill units subject to Sec. 265.301(a). The action leakage rate 
is the maximum design flow rate that the leak detection system (LDS) can 
remove without the fluid head on the bottom liner exceeding 1 foot. The 
action leakage rate must include an adequate safety margin to allow for 
uncertainties in the design (e.g., slope, hydraulic conductivity, 
thickness of drainage material), construction, operation, and location 
of the LDS, waste and leachate characteristics, likelihood and amounts 
of other sources of liquids in the LDS, and proposed response actions 
(e.g., the action leakage rate must consider decreases in the flow 
capacity of the system over time resulting from siltation and clogging, 
rib layover and creep of synthetic components of the system, overburden 
pressures, etc.).
    (c) To determine if the action leakage rate has been exceeded, the 
owner or operator must convert the weekly or monthly flow rate from the 
monitoring data obtained under Sec. 265.304 to an average daily flow 
rate (gallons per acre per day) for each sump. Unless the Regional 
Administrator approves a different calculation, the average daily flow 
rate for each sump must be calculated weekly during the active life and 
closure period, and monthly during the post-closure care period when 
monthly monitoring is required under Sec. 265.304(b).

[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 40276, July 14, 2006]



Sec. 265.303  Response actions.

    (a) The owner or operator of landfill units subject to Sec. 
265.301(a) must develop and keep on site until closure of the facility a 
response action plan. The response action plan must set forth the 
actions to be taken if the action leakage rate has been exceeded. At a 
minimum, the response action plan must describe the actions specified in 
paragraph (b) of this section.
    (b) If the flow rate into the leak detection system exceeds the 
action leakage rate for any sump, the owner or operator must:
    (1) Notify the Regional Administrator in writing of the exceedance 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator within 14 days of the determination, as to the amount of 
liquids, likely sources of liquids, possible location, size, and cause 
of any leaks, and short-term actions taken and planned;
    (3) Determine to the extent practicable the location, size, and 
cause of any leak;
    (4) Determine whether waste receipt should cease or be curtailed, 
whether any waste should be removed from the unit for inspection, 
repairs, or controls, and whether or not the unit should be closed;
    (5) Determine any other short-term and longer-term actions to be 
taken to mitigate or stop any leaks; and
    (6) Within 30 days after the notification that the action leakage 
rate has been exceeded, submit to the Regional Administrator the results 
of the analyses specified in paragraphs (b)(3), (4), and (5) of this 
section, the results of actions taken, and actions planned. Monthly 
thereafter, as long as the flow rate in the leak detection system 
exceeds the action leakage rate, the owner or operator must submit to 
the Regional Administrator a report summarizing the results of any 
remedial actions taken and actions planned.
    (c) To make the leak and/or remediation determinations in paragraphs 
(b)(3), (4), and (5) of this section, the owner or operator must:
    (1)(i) Assess the source of liquids and amounts of liquids by 
source,
    (ii) Conduct a fingerprint, hazardous constituent, or other analyses 
of the

[[Page 686]]

liquids in the leak detection system to identify the source of liquids 
and possible location of any leaks, and the hazard and mobility of the 
liquid; and
    (iii) Assess the seriousness of any leaks in terms of potential for 
escaping into the environment; or
    (2) Document why such assessments are not needed.

[57 FR 3494, Jan. 29, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 
FR 40276, July 14, 2006]



Sec. 265.304  Monitoring and inspection.

    (a) An owner or operator required to have a leak detection system 
under Sec. 265.301(a) must record the amount of liquids removed from 
each leak detection system sump at least once each week during the 
active life and closure period.
    (b) After the final cover is installed, the amount of liquids 
removed from each leak detection system sump must be recorded at least 
monthly. If the liquid level in the sump stays below the pump operating 
level for two consecutive months, the amount of liquids in the sumps 
must be recorded at least quarterly. If the liquid level in the sump 
stays below the pump operating level for two consecutive quarters, the 
amount of liquids in the sumps must be recorded at least semi-annually. 
If at any time during the post-closure care period the pump operating 
level is exceeded at units on quarterly or semi-annual recording 
schedules, the owner or operator must return to monthly recording of 
amounts of liquids removed from each sump until the liquid level again 
stays below the pump operating level for two consecutive months.
    (c) ``Pump operating level'' is a liquid level proposed by the owner 
or operator and approved by the Regional Administrator based on pump 
activation level, sump dimensions, and level that avoids backup into the 
drainage layer and minimizes head in the sump. The timing for submission 
and approval of the proposed ``pump operating level'' will be in 
accordance with Sec. 265.302(a).

[57 FR 3495, Jan. 29, 1992]



Sec. Sec. 265.305-265.308  [Reserved]



Sec. 265.309  Surveying and recordkeeping.

    The owner or operator of a landfill must maintain the following 
items in the operating record required in Sec. 265.73:
    (a) On a map, the exact location and dimensions, including depth, of 
each cell with respect to permanently surveyed benchmarks; and
    (b) The contents of each cell and the approximate location of each 
hazardous waste type within each cell.



Sec. 265.310  Closure and post-closure care.

    (a) At final closure of the landfill or upon closure of any cell, 
the owner or operator must cover the landfill or cell with a final cover 
designed and constructed to:
    (1) Provide long-term minimization of migration of liquids through 
the closed landfill;
    (2) Function with minimum maintenance;
    (3) Promote drainage and minimize erosion or abrasion of the cover;
    (4) Accommodate settling and subsidence so that the cover's 
integrity is maintained; and
    (5) Have a permeability less than or equal to the permeability of 
any bottom liner system or natural subsoils present.
    (b) After final closure, the owner or operator must comply with all 
post-closure requirements contained in Sec. Sec. 265.117 through 
265.120 including maintenance and monitoring throughout the post-closure 
care period. The owner or operator must:
    (1) Maintain the integrity and effectiveness of the final cover, 
including making repairs to the cover as necessary to correct the 
effects of settling, subsidence, erosion, or other events;
    (2) Maintain and monitor the leak detection system in accordance 
with Sec. Sec. 264.301(c)(3)(iv) and (4) of this chapter and 
265.304(b), and comply with all other applicable leak detection system 
requirements of this part;
    (3) Maintain and monitor the ground-water monitoring system and 
comply with all other applicable requirements of subpart F of this part;

[[Page 687]]

    (4) Prevent run-on and run-off from eroding or otherwise damaging 
the final cover; and
    (5) Protect and maintain surveyed benchmarks used in complying with 
Sec. 265.309.

[50 FR 16048, Apr. 23, 1985, as amended at 57 FR 3495, Jan. 29, 1992]



Sec. 265.311  [Reserved]



Sec. 265.312  Special requirements for ignitable or reactive waste.

    (a) Except as provided in paragraph (b) of this section, and in 
Sec. 265.316, ignitable or reactive waste must not be placed in a 
landfill, unless the waste and landfill meets all applicable 
requirements of 40 CFR part 268, and:
    (1) The resulting waste, mixture, or dissolution of material no 
longer meets the definition of ignitable or reactive waste under Sec. 
261.21 or Sec. 261.23 of this chapter; and
    (2) Section 265.17(b) is complied with.
    (b) Except for prohibited wastes which remain subject to treatment 
standards in subpart D of part 268, ignitable wastes in containers may 
be landfilled without meeting the requirements of paragraph (a) of this 
section, provided that the wastes are disposed of in such a way that 
they are protected from any material or conditions which may cause them 
to ignite. At a minimum, ignitable wastes must be disposed of in non-
leaking containers which are carefully handled and placed so as to avoid 
heat, sparks, rupture, or any other condition that might cause ignition 
of the wastes; must be covered daily with soil or other non-combustible 
material to minimize the potential for ignition of the wastes; and must 
not be disposed of in cells that contain or will contain other wastes 
which may generate heat sufficient to cause ignition of the waste.

[47 FR 32368, July 26, 1982, as amended at 55 FR 22686, June 1, 1990; 71 
FR 40276, July 14, 2006]



Sec. 265.313  Special requirements for incompatible wastes.

    Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same landfill cell, 
unless Sec. 265.17(b) is complied with.



Sec. 265.314  Special requirements for bulk and containerized liquids.

    (a) The placement of bulk or non-containerized liquid hazardous 
waste or hazardous waste containing free liquids (whether or not 
sorbents have been added) in any landfill is prohibited.
    (b) Containers holding free liquids must not be placed in a landfill 
unless:
    (1) All free-standing liquid,
    (i) has been removed by decanting, or other methods,
    (ii) has been mixed with sorbent or solidified so that free-standing 
liquid is no longer observed; or
    (iii) had been otherwise eliminated; or
    (2) The container is very small, such as an ampule; or
    (3) The container is designed to hold free liquids for use other 
than storage, such as a battery or capacitor; or
    (4) The container is a lab pack as defined in Sec. 265.316 and is 
disposed of in accordance with Sec. 265.316.
    (c) To demonstrate the absence or presence of free liquids in either 
a containerized or a bulk waste, the following test must be used: Method 
9095B (Paint Filter Liquids Test) as described in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
    (d) The date for compliance with paragraph (a) of this section is 
November 19, 1981. The date for compliance with paragraph (c) of this 
section is March 22, 1982.
    (e) Sorbents used to treat free liquids to be disposed of in 
landfills must be nonbiodegradable. Nonbiodegradable sorbents are: 
materials listed or described in paragraph (f)(1) of this section; 
materials that pass one of the tests in paragraph (f)(2) of this 
section; or materials that are determined by EPA to be nonbiodegradable 
through the Part 260 petition process.
    (1) Nonbiodegradable sorbents. (i) Inorganic minerals, other 
inorganic materials, and elemental carbon (e.g., aluminosilicates, 
clays, smectites, Fuller's earth, bentonite, calcium bentonite, 
montmorillonite, calcined montmorillonite, kaolinite, micas (illite), 
vermiculites, zeolites; calcium

[[Page 688]]

carbonate (organic free limestone); oxides/hydroxides, alumina, lime, 
silica (sand), diatomaceous earth; perlite (volcanic glass); expanded 
volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; 
activated charcoal/activated carbon); or
    (ii) High molecular weight synthetic polymers (e.g., polyethylene, 
high density polyethylene (HDPE), polypropylene, polystyrene, 
polyurethane, polyacrylate, polynorborene, polyisobutylene, ground 
synthetic rubber, cross-linked allylstyrene and tertiary butyl 
copolymers). This does not include polymers derived from biological 
material or polymers specifically designed to be degradable; or
    (iii) Mixtures of these non bio degrad a ble materials.
    (2) Tests for non bio degrad a ble sorbents. (i) The sorbent 
material is determined to be non bio degrad a ble under ASTM Method G21-
70 (1984a)--Standard Practice for Determining Resistance of Synthetic 
Polymer Materials to Fungi; or
    (ii) The sorbent material is determined to be nonbiodegradable under 
ASTM Method G22-76 (1984b)--Standard Practice for Determining Resistance 
of Plastics to Bacteria; or
    (iii) The sorbent material is determined to be non-biodegradable 
under OECD test 301B: [CO2 Evolution (Modified Sturm Test)].
    (f) The placement of any liquid which is not a hazardous waste in a 
landfill is prohibited unless the owner or operator of such landfill 
demonstrates to the Regional Administrator or the Regional Administrator 
determines that:
    (1) The only reasonably available alternative to the placement in 
such landfill is placement in a landfill or unlined surface impoundment, 
whether or not permitted or operating under interim status, which 
contains, or may reasonably be anticipated to contain, hazardous waste; 
and
    (2) Placement in such owner or operator's landfill will not present 
a risk of contamination of any ``underground source of drinking water'' 
(as that term is defined in 40 CFR 270.2).

[45 FR 33232, May 19, 1980, as amended at 47 FR 12318, Mar. 22, 1982; 47 
FR 32369, July 26, 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, July 
15, 1985; 51 FR 19177, May 28, 1986; 57 FR 54461, Nov. 18, 1992; 58 FR 
46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34585, June 14, 
2005; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006]



Sec. 265.315  Special requirements for containers.

    Unless they are very small, such as an ampule, containers must be 
either:
    (a) At least 90 percent full when placed in the landfill; or
    (b) Crushed, shredded, or similarly reduced in volume to the maximum 
practical extent before burial in the landfill.

[50 FR 16048, Apr. 23, 1985]



Sec. 265.316  Disposal of small containers of hazardous waste in overpacked 

drums (lab packs).

    Small containers of hazardous waste in overpacked drums (lab packs) 
may be placed in a landfill if the following requirements are met:
    (a) Hazardous waste must be packaged in non-leaking inside 
containers. The inside containers must be of a design and constructed of 
a material that will not react dangerously with, be decomposed by, or be 
ignited by the waste held therein. Inside containers must be tightly and 
securely sealed. The inside containers must be of the size and type 
specified in the Department of Transportation (DOT) hazardous materials 
regulations (49 CFR parts 173, 178 and 179), if those regulations 
specify a particular inside container for the waste.
    (b) The inside containers must be overpacked in an open head DOT-
specification metal shipping container (49 CFR parts 178 and 179) of no 
more than 416-liter (110 gallon) capacity and surrounded by, at a 
minimum, a sufficient quantity of sorbent material, determined to be 
nonbiodegradable in accordance with Sec. 265.314(f), to completely sorb 
all of the liquid contents of the inside containers. The metal outer 
container must be full after it has been packed with inside containers 
and sorbent material.

[[Page 689]]

    (c) The sorbent material used must not be capable of reacting 
dangerously with, being decomposed by, or being ignited by the contents 
of the inside containers in accordance with Sec. 265.17(b).
    (d) Incompatible wastes, as defined in Sec. 260.10 of this chapter, 
must not be placed in the same outside container.
    (e) Reactive waste, other than cyanide- or sulfide-bearing waste as 
defined in Sec. 261.23(a)(5) of this chapter, must be treated or 
rendered non-reactive prior to packaging in accordance with paragraphs 
(a) through (d) of this section. Cyanide- and sulfide-bearing reactive 
waste may be packaged in accordance with paragraphs (a) through (d) of 
this section without first being treated or rendered non-reactive.
    (f) Such disposal is in compliance with the requirements of 40 CFR 
part 268. Persons who incinerate lab packs according to the requirements 
in 40 CFR 268.42(c)(1) may use fiber drums in place of metal outer 
containers. Such fiber drums must meet the DOT specifications in 49 CFR 
173.12 and be overpacked according to the requirements in paragraph (b) 
of this section.

[46 FR 56596, Nov. 17, 1981, as amended at 55 FR 22686, June 1, 1990; 57 
FR 54461, Nov. 18, 1992; 71 FR 40276, July 14, 2006]



                         Subpart O_Incinerators

    Source: 46 FR 7680, Jan. 23, 1981, unless otherwise noted.



Sec. 265.340  Applicability.

    (a) The regulations of this subpart apply to owners and operators of 
hazardous waste incinerators (as defined in Sec. 260.10 of this 
chapter), except as Sec. 265.1 provides otherwise.
    (b) Integration of the MACT standards. (1) Except as provided by 
paragraphs (b)(2) and (b)(3) of this section, the standards of this part 
no longer apply when an owner or operator 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 Sec. Sec. 63.1207(j) and 63.1210(d) of this chapter 
documenting compliance with the requirements of part 63, subpart EEE, of 
this chapter.
    (2) The MACT standards do not replace the closure requirements of 
Sec. 264.351 or the applicable requirements of subparts A through H, BB 
and CC of this part.
    (3) Section 265.345 generally prohibiting burning of hazardous waste 
during startup and shutdown remains in effect if you elect to comply 
with Sec. 270.235(b)(1)(i) of this chapter to minimize emissions of 
toxic compounds from startup and shutdown.
    (c) Owners and operators of incinerators burning hazardous waste are 
exempt from all of the requirements of this subpart, except Sec. 
265.351 (Closure), provided that the owner or operator has documented, 
in writing, that the waste would not reasonably be expected to contain 
any of the hazardous constituents listed in part 261, appendix VIII, of 
this chapter, and such documentation is retained at the facility, if the 
waste to be burned is:
    (1) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is ignitable (Hazard Code I), corrosive 
(Hazard Code C), or both; or
    (2) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is reactive (Hazard Code R) for 
characteristics other than those listed in Sec. 261.23(a) (4) and (5), 
and will not be burned when other hazardous wastes are present in the 
combustion zone; or
    (3) A hazardous waste solely because it possesses the characteristic 
of ignitability, corrosivity, or both, as determined by the tests for 
characteristics of hazardous wastes under part 261, subpart C, of this 
chapter; or
    (4) A hazardous waste solely because it possesses the reactivity 
characteristics described by Sec. 261.23(a) (1), (2), (3), (6), (7), or 
(8) of this chapter, and will not be burned when other hazardous wastes 
are present in the combustion zone.

[47 FR 27533, June 24, 1982 and 50 FR 666, Jan. 4, 1985, as amended at 
50 FR 49203, Nov. 29, 1985; 56 FR 7208, Feb. 21, 1991; 64 FR 53075, 
Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 70 FR 59575, Oct. 12, 2005]

[[Page 690]]



Sec. 265.341  Waste analysis.

    In addition to the waste analyses required by Sec. 265.13, the 
owner or operator must sufficiently analyze any waste which he has not 
previously burned in his incinerator to enable him to establish steady 
state (normal) operating conditions (including waste and auxiliary fuel 
feed and air flow) and to determine the type of pollutants which might 
be emitted. At a minimum, the analysis must determine:
    (a) Heating value of the waste;
    (b) Halogen content and sulfur content in the waste; and
    (c) Concentrations in the waste of lead and mercury, unless the 
owner or operator has written, documented data that show that the 
element is not present.

[Comment: As required by Sec. 265.73, the owner or operator must place 
the results from each waste analysis, or the documented information, in 
the operating record of the facility.]



Sec. Sec. 265.342-265.344  [Reserved]



Sec. 265.345  General operating requirements.

    During start-up and shut-down of an incinerator, the owner or 
operator must not feed hazardous waste unless the incinerator is at 
steady state (normal) conditions of operation, including steady state 
operating temperature and air flow.



Sec. 265.346  [Reserved]



Sec. 265.347  Monitoring and inspections.

    The owner or operator must conduct, as a minimum, the following 
monitoring and inspections when incinerating hazardous waste:
    (a) Existing instruments which relate to combustion and emission 
control must be monitored at least every 15 minutes. Appropriate 
corrections to maintain steady state combustion conditions must be made 
immediately either automatically or by the operator. Instruments which 
relate to combustion and emission control would normally include those 
measuring waste feed, auxiliary fuel feed, air flow, in ciner a tor 
temperature, scrubber flow, scrubber pH, and relevant level controls.
    (b) The complete incinerator and associated equipment (pumps, 
valves, conveyors, pipes, etc.) must be inspected at least daily for 
leaks, spills, and fugitive emissions, and all emergency shutdown 
controls and system alarms must be checked to assure proper operation.

[46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982]



Sec. Sec. 265.348-265.350  [Reserved]



Sec. 265.351  Closure.

    At closure, the owner or operator must remove all hazardous waste 
and hazardous waste residues (including but not limited to ash, scrubber 
waters, and scrubber sludges) from the incinerator.

[Comment: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3(d) of 
this chapter, that the residue removed from his incinerator is not a 
hazardous waste, the owner or operator becomes a generator of hazardous 
waste and must manage it in accordance with all applicable requirements 
of parts 262 through 266 of this chapter.]



Sec. 265.352  Interim status incinerators burning particular hazardous wastes.

    (a) Owners or operators of incinerators subject to this subpart may 
burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they 
receive a certification from the Assistant Administrator for Solid Waste 
and Emergency Response that they can meet the performance standards of 
subpart O of part 264 when they burn these wastes.
    (b) The following standards and procedures will be used in 
determining whether to certify an incinerator:
    (1) The owner or operator will submit an application to the 
Assistant Administrator for Solid Waste and Emergency Response 
containing applicable information in Sec. Sec. 270.19 and 270.62 
demonstrating that the incinerator can meet the performance standards in 
subpart O of part 264 when they burn these wastes.
    (2) The Assistant Administrator for Solid Waste and Emergency 
Response will issue a tentative decision as to whether the incinerator 
can meet the

[[Page 691]]

performance standards in subpart O of part 264. Notification of this 
tentative decision will be provided by newspaper advertisement and radio 
broadcast in the jurisdiction where the incinerator is located. The 
Assistant Administrator for Solid Waste and Emergency Response will 
accept comment on the tentative decision for 60 days. The Assistant 
Administrator for Solid Waste and Emergency Response also may hold a 
public hearing upon request or at his discretion.
    (3) After the close of the public comment period, the Assistant 
Administrator for Solid Waste and Emergency Response will issue a 
decision whether or not to certify the incinerator.

[50 FR 2005, Jan. 14, 1985]



Sec. Sec. 265.353-265.369  [Reserved]



                       Subpart P_Thermal Treatment



Sec. 265.370  Other thermal treatment.

    The regulations in this subpart apply to owners or operators of 
facilities that thermally treat hazardous waste in devices other than 
enclosed devices using controlled flame combustion, except as Sec. 
265.1 provides otherwise. Thermal treatment in enclosed devices using 
controlled flame combustion is subject to the requirements of subpart O 
if the unit is an incinerator, and subpart H of part 266, if the unit is 
a boiler or an industrial furnace as defined in Sec. 260.10.

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 32692, July 17, 1991]



Sec. Sec. 265.371-265.372  [Reserved]



Sec. 265.373  General operating requirements.

    Before adding hazardous waste, the owner or operator must bring his 
thermal treatment process to steady state (normal) conditions of 
operation--including steady state operating temperature--using auxiliary 
fuel or other means, unless the process is a non-continuous (batch) 
thermal treatment process which requires a complete thermal cycle to 
treat a discrete quantity of hazardous waste.



Sec. 265.374  [Reserved]



Sec. 265.375  Waste analysis.

    In addition to the waste analyses required by Sec. 265.13, the 
owner or operator must sufficiently analyze any waste which he has not 
previously treated in his thermal process to enable him to establish 
steady state (normal) or other appropriate (for a non-continuous 
process) operating conditions (including waste and auxiliary fuel feed) 
and to determine the type of pollutants which might be emitted. At a 
minimum, the analysis must determine:
    (a) Heating value of the waste;
    (b) Halogen content and sulfur content in the waste; and
    (c) Concentrations in the waste of lead and mercury, unless the 
owner or operator has written, documented data that show that the 
element is not present.

[Comment: As required by Sec. 265.73, the owner or operator must place 
the results from each waste analysis, or the documented information, in 
the operating record of the facility.]



Sec. 265.376  [Reserved]



Sec. 265.377  Monitoring and inspections.

    (a) The owner or operator must conduct, as a minimum, the following 
monitoring and inspections when thermally treating hazardous waste:
    (1) Existing instruments which relate to temperature and emission 
control (if an emission control device is present) must be monitored at 
least every 15 minutes. Appropriate corrections to maintain steady state 
or other appropriate thermal treatment conditions must be made 
immediately either automatically or by the operator. Instruments which 
relate to temperature and emission control would normally include those 
measuring waste feed, auxiliary fuel feed, treatment process 
temperature, and relevant process flow and level controls.
    (2) The stack plume (emissions), where present, must be observed 
visually at least hourly for normal appearance (color and opacity). The 
operator must immediately make any indicated operating corrections 
necessary to return any visible emissions to their normal appearance.

[[Page 692]]

    (3) The complete thermal treatment process and associated equipment 
(pumps, valves, conveyors, pipes, etc.) must be inspected at least daily 
for leaks, spills, and fugitive emissions, and all emergency shutdown 
controls and system alarms must be checked to assure proper operation.
    (b) [Reserved]



Sec. Sec. 265.378-265.380  [Reserved]



Sec. 265.381  Closure.

    At closure, the owner or operator must remove all hazardous waste 
and hazardous waste residues (including, but not limited to, ash) from 
the thermal treatment process or equipment.

[Comment: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3 (c) or 
(d) of this chapter, that any solid waste removed from his thermal 
treatment process or equipment is not a hazardous waste, the owner or 
operator becomes a generator of hazardous waste and must man age it in 
ac cord ance with all ap pli ca ble requirements of parts 262, 263, and 
265 of this chapter.]



Sec. 265.382  Open burning; waste explosives.

    Open burning of hazardous waste is prohibited except for the open 
burning and detonation of waste explosives. Waste explosives include 
waste which has the potential to detonate and bulk military propellants 
which cannot safely be disposed of through other modes of treatment. 
Detonation is an explosion in which chemical transformation passes 
through the material faster than the speed of sound (0.33 kilometers/
second at sea level). Owners or operators choosing to open burn or 
detonate waste explosives must do so in accordance with the following 
table and in a manner that does not threaten human health or the 
environment.

------------------------------------------------------------------------
                                             Minimum distance from open
 Pounds of waste explosives or propellants  burning or detonation to the
                                                 property of others
------------------------------------------------------------------------
0 to 100..................................  204 meters (670 feet).
101 to 1,000..............................  380 meters (1,250 feet).
1,001 to 10,000...........................  530 meters (1,730 feet).
10,001 to 30,000..........................  690 meters (2,260 feet).
------------------------------------------------------------------------



Sec. 265.383  Interim status thermal treatment devices burning particular 

hazardous waste.

    (a) Owners or operators of thermal treatment devices subject to this 
subpart may burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or 
FO27 if they receive a certification from the Assistant Administrator 
for Solid Waste and Emergency Response that they can meet the 
performance standards of subpart O of part 264 when they burn these 
wastes.
    (b) The following standards and procedures will be used in 
determining whether to certify a thermal treatment unit:
    (1) The owner or operator will submit an application to the 
Assistant Administrator for Solid Waste and Emergency Response 
containing the applicable information in Sec. Sec. 270.19 and 270.62 
demonstrating that the thermal treatment unit can meet the performance 
standard in subpart O of part 264 when they burn these wastes.
    (2) The Assistant Administrator for Solid Waste and Emergency 
Response will issue a tentative decision as to whether the thermal 
treatment unit can meet the performance standards in subpart O of part 
264. Notification of this tentative decision will be provided by 
newspaper advertisement and radio broadcast in the jurisdiction where 
the thermal treatment device is located. The Assistant Ad min is tra tor 
for Solid Waste and E mer gen cy Response will accept comment on the 
tentative decision for 60 days. The Assistant Ad min is tra tor for 
Solid Waste and E mer gen cy Response also may hold a public hearing 
upon request or at his discretion.
    (3) After the close of the public comment period, the Assistant 
Administrator for Solid Waste and Emergency Response will issue a 
decision whether or not to certify the thermal treatment unit.

[50 FR 2005, Jan. 14, 1985]



         Subpart Q_Chemical, Physical, and Biological Treatment



Sec. 265.400  Applicability.

    The regulations in this subpart apply to owners and operators of 
facilities

[[Page 693]]

which treat hazardous wastes by chemical, physical, or biological 
methods in other than tanks, surface impoundments, and land treatment 
facilities, except as Sec. 265.1 provides otherwise. Chemical, 
physical, and biological treatment of hazardous waste in tanks, surface 
impoundments, and land treatment facilities must be conducted in 
accordance with subparts J, K, and M, respectively.



Sec. 265.401  General operating requirements.

    (a) Chemical, physical, or biological treatment of hazardous waste 
must comply with Sec. 265.17(b).
    (b) Hazardous wastes or treatment reagents must not be placed in the 
treatment process or equipment if they could cause the treatment process 
or equipment to rupture, leak, corrode, or otherwise fail before the end 
of its intended life.
    (c) Where hazardous waste is continuously fed into a treatment 
process or equipment, the process or equipment must be equipped with a 
means to stop this inflow (e.g., a waste feed cut-off system or by-pass 
system to a standby containment device).

[Comment: These systems are intended to be used in the event of a 
malfunction in the treatment process or equipment.]



Sec. 265.402  Waste analysis and trial tests.

    (a) In addition to the waste analysis required by Sec. 265.13, 
whenever:
    (1) A hazardous waste which is substantially different from waste 
previously treated in a treatment process or equipment at the facility 
is to be treated in that process or equipment, or
    (2) A substantially different process than any previously used at 
the facility is to be used to chemically treat hazardous waste;

the owner or operator must, before treating the different waste or using 
the different process or equipment:
    (i) Conduct waste analyses and trial treatment tests (e.g., bench 
scale or pilot plant scale tests); or
    (ii) Obtain written, documented information on similar treatment of 
similar waste under similar operating conditions;

to show that this proposed treatment will meet all applicable 
requirements of Sec. 265.401 (a) and (b).
    [(b) [Reserved]

[Comment: As required by Sec. 265.13, the waste analysis plan must 
include analyses needed to comply with Sec. Sec. 265.405 and 265.406. 
As required by Sec. 265.73, the owner or operator must place the 
results from each waste analysis and trial test, or the documented 
information, in the operating record of the facility.]



Sec. 265.403  Inspections.

    (a) The owner or operator of a treatment facility must inspect, 
where present:
    (1) Discharge control and safety equipment (e.g., waste feed cut-off 
systems, by-pass systems, drainage systems, and pressure relief systems) 
at least once each operating day, to ensure that it is in good working 
order;
    (2) Data gathered from monitoring equipment (e.g., pressure and 
temperature gauges), at least once each operating day, to ensure that 
the treatment process or equipment is being operated according to its 
design;
    (3) The construction materials of the treatment process or 
equipment, at least weekly, to detect corrosion or leaking of fixtures 
or seams; and
    (4) The construction materials of, and the area immediately 
surrounding, discharge confinement structures (e.g., dikes), at least 
weekly, to detect erosion or obvious signs of leakage (e.g., wet spots 
or dead vegetation).
    (b) [Reserved]

[Comment: As required by Sec. 265.15(c), the owner or operator must 
remedy any deterioration or malfunction he finds.]



Sec. 265.404  Closure.

    At closure, all hazardous waste and hazardous waste residues must be 
removed from treatment processes or equipment, discharge control 
equipment, and discharge confinement structures.

[Comment: At closure, as throughout the operating period, unless the 
owner or operator can demonstrate, in accordance with Sec. 261.3 (c) or 
(d) of this chapter, that any solid waste removed from his treatment 
process or equipment is not a hazardous waste, the owner or operator 
becomes a generator of hazardous waste and must manage it in accordance 
with all applicable requirements of parts 262, 263, and 265 of this 
chapter.]

[[Page 694]]



Sec. 265.405  Special requirements for ignitable or reactive waste.

    (a) Ignitable or reactive waste must not be placed in a treatment 
process or equipment unless:
    (1) The waste is treated, rendered, or mixed before or immediately 
after placement in the treatment process or equipment so that (i) the 
resulting waste, mixture, or dissolution of material no longer meets the 
definition of ignitable or reactive waste under Sec. 261.21 or 261.23 
of this chapter, and (ii) Sec. 265.17(b) is complied with; or
    (2) The waste is treated in such a way that it is protected from any 
material or conditions which may cause the waste to ignite or react.
    (b) [Reserved]

[45 FR 33232, May 19, 1980, asamended at 71 FR 40276, July 14, 2006]



Sec. 265.406  Special requirements for incompatible wastes.

    (a) Incompatible wastes, or incompatible wastes and materials, (see 
appendix V for examples) must not be placed in the same treatment 
process or equipment, unless Sec. 265.17(b) is complied with.
    (b) Hazardous waste must not be placed in unwashed treatment 
equipment which previously held an incompatible waste or material, 
unless Sec. 265.17(b) is complied with.



                     Subpart R_Underground Injection



Sec. 265.430  Applicability.

    Except as Sec. 265.1 provides otherwise:
    (a) The owner or operator of a facility which disposes of hazardous 
waste by underground injection is excluded from the requirements of 
subparts G and H of this part.
    (b) The requirements of this subpart apply to owners and operators 
of wells used to dispose of hazardous waste which are classified as 
Class I under Sec. 144.6(a) of this chapter and which are classified as 
Class IV under Sec. 144.6(d) of this chapter.

[Comment: In addition to the requirements of subparts A through E of 
this part, the owner or operator of a facility which disposes of 
hazardous waste by underground injection ultimately must comply with the 
requirements of Sec. Sec. 265.431 through 265.437. These sections are 
reserved at this time. The Agency will propose regulations that would 
establish those requirements.]

[45 FR 33232, May 19, 1980, as amended at 48 FR 30115, June 30, 1983]

Subparts S-V [Reserved]



                           Subpart W_Drip Pads

    Source: 55 FR 50486, Dec. 6, 1990, unless otherwise noted.



Sec. 265.440  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of facilities that use new or existing drip pads to convey treated wood 
drippage, precipitation, and/or surface water run-off to an associated 
collection system. Existing drip pads are those constructed before 
December 6, 1990 and those for which the owner or operator has a design 
and has entered into binding financial or other agreements for 
construction prior to December 6, 1990. All other drip pads are new drip 
pads. The requirement at Sec. 265.443(b)(3) to install a leak 
collection system applies only to those drip pads that are constructed 
after December 24, 1992 except for those constructed after December 24, 
1992 for which the owner or operator has a design and has entered into 
binding financial or other agreements for construction prior to December 
24, 1992.
    (b) The owner or operator of any drip pad that is inside or under a 
structure that provides protection from precipitation so that neither 
run-off nor run-on is generated is not subject to regulation under Sec. 
265.443(e) or Sec. 265.443(f), as appropriate.
    (c) The requirements of this subpart are not applicable to the 
management of infrequent and incidental drippage in storage yards 
provided that:
    (1) The owner or operator maintains and complies with a written 
contingency plan that describes how the owner or operator will respond 
immediately to the discharge of such infrequent and incidental drippage. 
At a minimum, the contingency plan must describe how the facility will 
do the following:
    (i) Clean up the drippage;
    (ii) Document the cleanup of the drippage;

[[Page 695]]

    (iii) Retain documents regarding cleanup for three years; and
    (iv) Manage the contaminated media in a manner consistent with 
Federal regulations.

[55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991; 57 
FR 61503, Dec. 24, 1992]



Sec. 265.441  Assessment of existing drip pad integrity.

    (a) For each existing drip pad as defined in Sec. 265.440, the 
owner or operator must evaluate the drip pad and determine that it meets 
all of the requirements of this subpart, except the requirements for 
liners and leak detection systems of Sec. 265.443(b). No later than the 
effective date of this rule, the owner or operator must obtain and keep 
on file at the facility a written assessment of the drip pad, reviewed 
and certified by a qualified Professional Engineer that attests to the 
results of the evaluation. The assessment must be reviewed, updated, and 
re-certified annually until all upgrades, repairs, or modifications 
necessary to achieve compliance with all the standards of Sec. 265.443 
are complete. The evaluation must document the extent to which the drip 
pad meets each of the design and operating standards of Sec. 265.443, 
except the standards for liners and leak detection systems, specified in 
Sec. 265.443(b).
    (b) The owner or operator must develop a written plan for upgrading, 
repairing, and modifying the drip pad to meet the requirements of Sec. 
265.443(b), and submit the plan to the Regional Administrator no later 
than 2 years before the date that all repairs, upgrades, and 
modifications are complete. This written plan must describe all changes 
to be made to the drip pad in sufficient detail to document compliance 
with all the requirements of Sec. 265.443. The plan must be reviewed 
and certified by a qualified Professional Engineer.
    (c) Upon completion of all repairs and modifications, the owner or 
operator must submit to the Regional Administrator or State Director, 
the as-built drawings for the drip pad together with a certification by 
a qualified Professional Engineer attesting that the drip pad conforms 
to the drawings.
    (d) If the drip pad is found to be leaking or unfit for use, the 
owner or operator must comply with the provisions of Sec. 265.443(m) of 
this subpart or close the drip pad in accordance with Sec. 265.445 of 
this subpart.

[55 FR 50486, Dec. 6, 1990, as amended at 57 FR 61504, Dec. 24, 1992; 71 
FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006]



Sec. 265.442  Design and installation of new drip pads.

    Owners and operators of new drip pads must ensure that the pads are 
designed, installed, and operated in accordance with one of the 
following:
    (a) All of the applicable requirements of Sec. Sec. 265.443 (except 
Sec. 265.443(a)(4)), 265.444 and 265.445 of this subpart, or
    (b) All of the applicable requirements of Sec. Sec. 265.443 (except 
Sec. 265.443(b)), 265.444 and 265.445 of this subpart.

[57 FR 61504, Dec. 24, 1992]



Sec. 265.443  Design and operating requirements.

    (a) Drip pads must:
    (1) Be constructed of non-earthen materials, excluding wood and non-
structurally supported asphalt;
    (2) Be sloped to free-drain treated wood drippage, rain and other 
waters, or solutions of drippage and water or other wastes to the 
associated collection system;
    (3) Have a curb or berm around the perimeter;
    (4)(i) Have a hydraulic conductivity of less than or equal to 
1x10-7 centimeters per second, e.g., existing concrete drip 
pads must be sealed, coated, or covered with a surface material with a 
hydraulic conductivity of less than or equal to 1x10-7 
centimeters per second such that the entire surface where drippage 
occurs or may run across is capable of containing such drippage and 
mixtures of drippage and precipitation, materials, or other wastes while 
being routed to an associated collection system. This surface material 
must be maintained free of cracks and gaps that could adversely affect 
its hydraulic conductivity, and the material must be chemically 
compatible with the preservatives that contact the drip pad. The 
requirements of this provision apply only to existing drip pads and 
those drip pads for which the owner or

[[Page 696]]

operator elects to comply with Sec. 265.442(b) instead of Sec. 
265.442(a).
    (ii) The owner or operator must obtain and keep on file at the 
facility a written assessment of the drip pad, reviewed and certified by 
a qualified Professional Engineer that attests to the results of the 
evaluation. The assessment must be reviewed, updated and recertified 
annually. The evaluation must document the extent to which the drip pad 
meets the design and operating standards of this section, except for 
paragraph (b) of this section.
    (5) Be of sufficient structural strength and thickness to prevent 
failure due to physical contact, climatic conditions, the stress of 
installation, and the stress of daily operations, e.g., variable and 
moving loads such as vehicle traffic, movement of wood, etc.

    Note: EPA will generally consider applicable standards established 
by professional organizations generally recognized by industry such as 
the American Concrete Institute (ACI) and the American Society of 
Testing Materials (ASTM) in judging the structural integrity requirement 
of this paragraph.

    (b) If an owner/operator elects to comply with Sec. 265.442(a) 
instead of Sec. 265.442(b), the drip pad must have:
    (1) A synthetic liner installed below the drip pad that is designed, 
constructed, and installed to prevent leakage from the drip pad into the 
adjacent subsurface soil or groundwater or surface water at any time 
during the active life (including the closure period) of the drip pad. 
The liner must be constructed of materials that will prevent waste from 
being absorbed into the liner and prevent releases into the adjacent 
subsurface soil or ground water or surface water during the active life 
of the facility. The liner must be:
    (i) Constructed of materials that have appropriate chemical 
properties and sufficient strength and thickness to prevent failure due 
to pressure gradients (including static head and external hydrogeologic 
forces), physical contact with the waste or drip pad leakage to which 
they are exposed, climatic conditions, the stress of installation, and 
the stress of daily operation (including stresses from vehicular traffic 
on the drip pad);
    (ii) Placed upon a foundation or base capable of providing support 
to the liner and resistance to pressure gradients above and below the 
liner to prevent failure of the liner due to settlement, compression or 
uplift; and
    (iii) Installed to cover all surrounding earth that could come in 
contact with the waste or leakage; and
    (2) A leakage detection system immediately above the liner that is 
designed, constructed, maintained and operated to detect leakage from 
the drip pad. The leakage detection system must be:
    (i) Constructed of materials that are:
    (A) Chemically resistant to the waste managed in the drip pad and 
the leakage that might be generated; and
    (B) Of sufficient strength and thickness to prevent collapse under 
the pressures exerted by overlaying materials and by any equipment used 
at the drip pad; and
    (ii) Designed and operated to function without clogging through the 
scheduled closure of the drip pad.
    (iii) Designed so that it will detect the failure of the drip pad or 
the presence of a release of hazardous waste or accumulated liquid at 
the earliest practicable time.
    (3) A leakage collection system immediately above the liner that is 
designed, constructed, maintained and operated to collect leakage from 
the drip pad such that it can be removed from below the drip pad. The 
date, time, and quantity of any leakage collected in this system and 
removed must be documented in the operating log.
    (c) Drip pads must be maintained such that they remain free of 
cracks, gaps, corrosion, or other deterioration that could cause 
hazardous waste to be released from the drip pad.

    Note: See Sec. 265.443(m) for remedial action required if 
deterioration or leakage is detected.

    (d) The drip pad and associated collection system must be designed 
and operated to convey, drain, and collect liquid resulting from 
drippage or precipitation in order to prevent run-off.
    (e) Unless protected by a structure, as described in Sec. 
265.440(b) of this subpart, the owner or operator must design, 
construct, operate and maintain a run-on control system capable of 
preventing flow onto the drip pad during

[[Page 697]]

peak discharge from at least a 24-hour, 25-year storm unless the system 
has sufficient excess capacity to contain any run-on that might enter 
the system, or the drip pad is protected by a structure or cover, as 
described in Sec. 265.440(b) of this subpart.
    (f) Unless protected by a structure or cover, as described in Sec. 
265.440(b) of this subpart, the owner or operator must design, 
construct, operate and maintain a run-off management system to collect 
and control at least the water volume resulting from a 24-hour, 25-year 
storm.
    (g) The drip pad must be evaluated to determine that it meets the 
requirements of paragraphs (a) through (f) of this section and the owner 
or operator must obtain a statement from a qualified Professional 
Engineer certifying that the drip pad design meets the requirements of 
this section.
    (h) Drippage and accumulated precipitation must be removed from the 
associated collection system as necessary to prevent overflow onto the 
drip pad.
    (i) The drip pad surface must be cleaned thoroughly in a manner and 
frequency such that accumulated residues of hazardous waste or other 
materials are removed, with residues being properly managed as hazardous 
waste, so as to allow weekly inspections of the entire drip pad surface 
without interference or hindrance from accumulated residues of hazardous 
waste or other materials on the drip pad. The owner or operator must 
document the date and time of each cleaning and the cleaning procedure 
used in the facility's operating log.
    (j) Drip pads must be operated and maintained in a manner to 
minimize tracking of hazardous waste or hazardous waste constituents off 
the drip pad as a result of activities by personnel or equipment.
    (k) After being removed from the treatment vessel, treated wood from 
pressure and non-pressure processes must be held on the drip pad until 
drippage has ceased. The owner or operator must maintain records 
sufficient to document that all treated wood is held on the pad 
following treatment in accordance with this requirement.
    (l) Collection and holding units associated with run-on and run-off 
control systems must be emptied or otherwise managed as soon as possible 
after storms to maintain design capacity of the system.
    (m) Throughout the active life of the drip pad, if the owner or 
operator detects a condition that may have caused or has caused a 
release of hazardous waste, the condition must be repaired within a 
reasonably prompt period of time following discovery, in accordance with 
the following procedures:
    (1) Upon detection of a condition that may have caused or has caused 
a release of hazardous waste (e.g., upon detection of leakage by the 
leak detection system), the owner or operator must:
    (i) Enter a record of the discovery in the facility operating log;
    (ii) Immediately remove the portion of the drip pad affected by the 
condition from service;
    (iii) Determine what steps must be taken to repair the drip pad, 
remove any leakage from below the drip pad, and establish a schedule for 
accomplishing the clean up and repairs;
    (iv) Within 24 hours after discovery of the condition, notify the 
Regional Administrator of the condition and, within 10 working days, 
provide a written notice to the Regional Administrator with a 
description of the steps that will be taken to repair the drip pad, and 
clean up any leakage, and the schedule for accomplishing this work.
    (2) The Regional Administrator will review the information 
submitted, make a determination regarding whether the pad must be 
removed from service completely or partially until repairs and clean up 
are complete, and notify the owner or operator of the determination and 
the underlying rationale in writing.
    (3) Upon completing all repairs and clean up, the owner or operator 
must notify the Regional Administrator in writing and provide a 
certification, signed by an independent qualified, registered 
professional engineer, that the repairs and clean up have been completed 
according to the written plan submitted in accordance with paragraph 
(m)(1)(iv) of this section.

[[Page 698]]

    (n) The owner or operator must maintain, as part of the facility 
operating log, documentation of past operating and waste handling 
practices. This must include identification of preservative formulations 
used in the past, a description of drippage management practices, and a 
description of treated wood storage and handling practices.

[55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 
FR 5861, Feb. 18, 1992; 57 FR 61504, Dec. 24, 1992; 71 FR 16912, Apr. 4, 
2006; 71 FR 40276, July 14, 2006]



Sec. 265.444  Inspections.

    (a) During construction or installation, liners and cover systems 
(e.g., membranes, sheets, or coatings) must be inspected for uniformity, 
damage and imperfections (e.g., holes, cracks, thin spots, or foreign 
materials). Immediately after construction or installation, liners must 
be inspected and certified as meeting the requirements of Sec. 265.443 
by a qualified Professional Engineer. This certification must be 
maintained at the facility as part of the facility operating record. 
After installation, liners and covers must be inspected to ensure tight 
seams and joints and the absence of tears, punctures, or blisters.
    (b) While a drip pad is in operation, it must be inspected weekly 
and after storms to detect evidence of any of the following:
    (1) Deterioration, malfunctions or improper operation of run-on and 
run-off control systems;
    (2) The presence of leakage in and proper functioning of leakage 
detection system.
    (3) Deterioration or cracking of the drip pad surface.

    Note: See Sec. 265.443(m) for remedial action required if 
deterioration or leakage is detected.

[55 FR 50486, Dec. 6, 1990, as amended at 71 FR 16912, Apr. 4, 2006]



Sec. 265.445  Closure.

    (a) At closure, the owner or operator must remove or decontaminate 
all waste residues, contaminated containment system components (pad, 
liners, etc.), contaminated subsoils, and structures and equipment 
contaminated with waste and leakage, and manage them as hazardous waste.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practically removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with closure and post-closure care requirements that apply to landfills 
(Sec. 265.310). For permitted units, the requirement to have a permit 
continues throughout the post-closure period.
    (c)(1) The owner or operator of an existing drip pad, as defined in 
Sec. 265.440 of this subpart, that does not comply with the liner 
requirements of Sec. 265.443(b)(1) must:
    (i) Include in the closure plan for the drip pad under Sec. 265.112 
both a plan for complying with paragraph (a) of this section and a 
contingent plan for complying with paragraph (b) of this section in case 
not all contaminated subsoils can be practicably removed at closure; and
    (ii) Prepare a contingent post-closure plan under Sec. 265.118 of 
this part for complying with paragraph (b) of this section in case not 
all contaminated subsoils can be practicably removed at closure.
    (2) The cost estimates calculated under Sec. Sec. 265.112 and 
265.144 of this part for closure and post-closure care of a drip pad 
subject to this paragraph must include the cost of complying with the 
contingent closure plan and the contingent post-closure plan, but are 
not required to include the cost of expected closure under paragraph (a) 
of this section.

[55 FR 50486, Dec. 6, 1990, as amended at 71 FR 40276, July 14, 2006]

Subparts X-Z [Reserved]



           Subpart AA_Air Emission Standards for Process Vents

    Source: 55 FR 25507, June 21, 1990, unless otherwise noted.

[[Page 699]]



Sec. 265.1030  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 265.1).
    (b) Except for Sec. Sec. 265.1034, paragraphs (d) and (e), this 
subpart applies to process vents associated with distillation, 
fractionation, thin-film evaporation, solvent extraction, or air or 
steam stripping operations that manage hazardous wastes with organic 
concentrations of at least 10 ppmw, if these operations are conducted in 
one of the following:
    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a 
hazardous waste recycling unit that is not a 90-day tank or container) 
and that is located at a hazardous waste management facility otherwise 
subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 40 
CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the requirements of 40 CFR 261.6.

    Note: The requirements of Sec. Sec. 265.1032 through 265.1036 apply 
to process vents on hazardous waste recycling units previously exempt 
under paragraph 261.6(c)(1). Other exemptions under Sec. Sec. 261.4, 
and 265.1(c) are not affected by these requirements.]

    (c) The requirements of this subpart do not apply to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided 
that facility is operated in compliance with the requirements contained 
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The 
requirements of this subpart shall apply to the facility upon 
termination of the Clean Air Act permit issued pursuant to 40 CFR 
52.2454.
    (d) The requirements of this subpart do not apply to the process 
vents at a facility where the facility owner or operator certifies that 
all of the process vents that would otherwise be subject to this subpart 
are equipped with and operating air emission controls in accordance with 
the process vent requirements of an applicable Clean Air Act regulation 
codified under 40 CFR part 60, part 61, or part 63. The documentation of 
compliance under regulations at 40 CFR part 60, part 61, or part 63 
shall be kept with, or made readily available with, the facility 
operating record.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59968, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64661, Dec. 
8, 1997]



Sec. 265.1031  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 265.1032  Standards: Process vents.

    (a) The owner or operator of a fa cil ity with process vents 
associated with distillation, fractionation, thin-film evaporation, 
solvent extraction or air or steam stripping operations man aging haz 
ard ous wastes with organic con cen tra tions at least 10 ppmw shall 
either:
    (1) Reduce total organic emissions from all affected process vents 
at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
    (2) Reduce, by use of a control device, total organic emissions from 
all affected process vents at the facility by 95 weight percent.
    (b) If the owner or operator installs a closed-vent system and 
control device to comply with the provisions of paragraph (a) of this 
section, the closed-vent system and control device must meet the 
requirements of Sec. 265.1033.
    (c) Determinations of vent emissions and emission reductions or 
total organic compound concentrations achieved by add-on control devices 
may be based on engineering calculations or performance tests. If 
performance tests are used to determine vent emissions, emission 
reductions, or total organic compound concentrations achieved by add-on 
control devices, the performance tests must conform with the 
requirements of Sec. 265.1034(c).
    (d) When an owner or operator and the Regional Administrator do not 
agree on determinations of vent emissions and/or emission reductions or

[[Page 700]]

total organic compound concentrations achieved by add-on control devices 
based on engineering calculations, the test methods in Sec. 265.1034(c) 
shall be used to resolve the disagreement.



Sec. 265.1033  Standards: Closed-vent systems and control devices.

    (a)(1) Owners or operators of closed-vent systems and control 
devices used to comply with provisions of this part shall comply with 
the provisions of this section.
    (2)(i) The owner or operator of an existing facility who cannot 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the requirements of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (ii) Any unit that begins operation after December 21, 1990, and is 
subject to the requirements of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (iii) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months after 
the amendment's effective date. When control equipment required by this 
subpart can not be installed and begin operation by the effective date 
of the amendment, the facility owner or operator shall prepare an 
implementation schedule that includes the following information: 
Specific calendar dates for award of contracts or issuance of purchase 
orders for the control equipment, initiation of on-site installation of 
the control equipment, completion of the control equipment installation, 
and performance of any testing to demonstrate that the installed 
equipment meets the applicable standards of this subpart. The owner or 
operator shall enter the implementation schedule in the operating record 
or in a permanent, readily available file located at the facility.
    (iv) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997, due 
to an action other than those described in paragraph (a)(2)(iii) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).
    (b) A control device involving vapor recovery (e.g., a condenser or 
adsorber) shall be designed and operated to recover the organic vapors 
vented to it with an efficiency of 95 weight percent or greater unless 
the total organic emission limits of Sec. 265.1032(a)(1) for all 
affected process vents can be attained at an efficiency less than 95 
weight percent.
    (c) An enclosed combustion device (e.g., a vapor incinerator, 
boiler, or process heater) shall be designed and operated to reduce the 
organic emissions vented to it by 95 weight percent or greater; to 
achieve a total organic compound concentration of 20 ppmv, expressed as 
the sum of the actual compounds, not carbon equivalents, on a dry basis 
corrected to 3 percent oxygen; or to provide a minimum residence time of 
0.50 seconds at a minimum temperature of 760 [deg]C. If a boiler or 
process heater is used as the control device, then the vent stream shall 
be introduced into the flame combustion zone of the boiler or process 
heater.
    (d)(1) A flare shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (e)(1) of 
this section, except for periods not to exceed a total of 5 minutes 
during any 2 consecutive hours.
    (2) A flare shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f)(2)(iii) of this 
section.

[[Page 701]]

    (3) A flare shall be used only if the net heating value of the gas 
being combusted is 11.2 MJ/scm (300 Btu/scf) or greater, if the flare is 
steam-assisted or air-assisted; or if the net heating value of the gas 
being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is 
nonassisted. The net heating value of the gas being combusted shall be 
determined by the methods specified in paragraph (e)(2) of this section.
    (4)(i) A steam-assisted or nonassisted flare shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (e)(3) of this section, of less than 18.3 m/s (60 
ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this 
section.
    (ii) A steam-assisted or nonassisted flare designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (e)(3) of this section, equal to or greater than 18.3 m/s (60 
ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating 
value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/
scf).
    (iii) A steam-assisted or nonassisted flare designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (e)(3) of this section, less than the velocity, 
Vmax, as determined by the method specified in paragraph 
(e)(4) of this section, and less than 122 m/s (400 ft/s) is allowed.
    (5) An air-assisted flare shall be designed and operated with an 
exit velocity less than the velocity, Vmax, as determined by 
the method specified in paragraph (e)(5) of this section.
    (6) A flare used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (e)(1) Reference Method 22 in 40 CFR part 60 shall be used to 
determine the compliance of a flare with the visible emission provisions 
of this subpart. The observation period is 2 hours and shall be used 
according to Method 22.
    (2) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.178

where:

HT=Net heating value of the sample, MJ/scm; where the net 
enthalpy per mole of offgas is based on combustion at 25 [deg]C and 760 
mm Hg, but the standard temperature for determining the volume 
corresponding to 1 mol is 20 [deg]C;
K=Constant, 1.74x10-7 (1/ppm) (g mol/scm) (MJ/kcal) where 
standard temperature for (g mol/scm) is 20 [deg]C;
Ci=Concentration of sample component i in ppm on a wet basis, 
as measured for organics by Reference Method 18 in 40 CFR part 60 and 
measured for hydrogen and carbon monoxide by ASTM D 1946-82 
(incorporated by reference as specified in Sec. 260.11); and
Hi=Net heat of combustion of sample component i, kcal/g mol 
at 25 [deg]C and 760 mm Hg. The heats of combustion may be determined 
using ASTM D 2382-83 (incorporated by reference as specified in Sec. 
260.11) if published values are not available or cannot be calculated.

    (3) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR 
part 60 as appropriate, by the unobstructed (free) cross-sectional area 
of the flare tip.
    (4) The maximum allowed velocity in m/s, Vmax, for a 
flare complying with paragraph (d)(4)(iii) of this section shall be 
determined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

where:

HT=The net heating value as determined in paragraph (e)(2) of 
this section.
28.8=Constant,
31.7=Constant.

    (5) The maximum allowed velocity in m/s, Vmax, for an 
air-assisted flare shall be determined by the following equation:

Vmax = 8.706 + 0.7084 (HT)

where:

8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph (e)(2) 
of this section.

    (f) The owner or operator shall monitor and inspect each control 
device required to comply with this section to ensure proper operation 
and maintenance of the control device by implementing the following 
requirements:

[[Page 702]]

    (1) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow from each affected process vent to the control device 
at least once every hour. The flow indicator sensor shall be installed 
in the vent stream at the nearest feasible point to the control device 
inlet, but before being combined with other vent streams.
    (2) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a device to continuously monitor control 
device operation as specified below:
    (i) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in 
[deg] C or 0.5 [deg] C, whichever is greater. The 
temperature sensor shall be installed at a location in the combustion 
chamber downstream of the combustion zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations and have an accuracy of 
1 percent of the temperature being monitored in 
[deg] C or 0.5 [deg] C, whichever is greater. One 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed inlet and a second temperature sensor 
shall be installed in the vent stream at the nearest feasible point to 
the catalyst bed outlet.
    (iii) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (iv) For a boiler or process heater having a design heat input 
capacity less than 44 MW, a temperature monitoring device equipped with 
a continuous recorder. The device shall have an accuracy of 1 percent of the temperature being monitored in [deg] C 
or 0.5 [deg] C, whichever is greater. The 
temperature sensor shall be installed at a location in the furnace 
downstream of the combustion zone.
    (v) For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW, a monitoring device equipped 
with a continuous recorder to measure a parameter(s) that indicates good 
combustion operating practices are being used.
    (vi) For a condenser, either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the condenser; or
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of 1 percent of the temperature being 
monitored in degrees Celsius ( [deg]C) or 0.5 
[deg]C, whichever is greater. The temperature sensor shall be installed 
at a location in the exhaust vent stream from the condenser exit (i.e., 
product side).
    (vii) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly in the control device, 
either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the carbon bed, or
    (B) A monitoring device equipped with a continuous recorder to 
measure a parameter that indicates the carbon bed is regenerated on a 
regular, predetermined time cycle.
    (3) Inspect the readings from each monitoring device required by 
paragraphs (f) (1) and (2) of this section at least once each operating 
day to check control device operation and, if necessary, immediately 
implement the corrective measures necessary to ensure the control device 
operates in compliance with the requirements of this section.
    (g) An owner or operator using a carbon adsorption system such as a 
fixed-bed carbon adsorber that regenerates the carbon bed directly 
onsite in the control device, shall replace the existing carbon in the 
control device with fresh carbon at a regular, pre de termined time 
interval that is no longer than the carbon service life established as a 
requirement of Sec. 265.1035(b)(4)(iii)(F).
    (h) An owner or operator using a carbon adsorption system such as a 
carbon canister that does not regenerate the

[[Page 703]]

carbon bed directly onsite in the control device shall replace the 
existing carbon in the control device with fresh carbon on a regular 
basis by using one of the following procedures:
    (1) Monitor the concentration level of the organic compounds in the 
exhaust vent stream from the carbon adsorption system on a regular 
schedule and replace the existing carbon with fresh carbon immediately 
when carbon breakthrough is indicated. The monitoring frequency shall be 
daily or at an interval no greater than 20 percent of the time required 
to consume the total carbon working capacity established as a 
requirement of Sec. 265.1035(b)(4)(iii)(G), whichever is longer.
    (2) Replace the existing carbon with fresh carbon at a regular, 
predetermined time interval that is less than the design carbon 
replacement interval established as a requirement of Sec. 
265.1035(b)(4)(iii)(G).
    (i) An owner or operator of an affected facility seeking to comply 
with the provisions of this part by using a control device other than a 
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, 
process heater, condenser, or carbon adsorption system is required to 
develop documentation including sufficient information to describe the 
control device operation and identify the process parameter or 
parameters that indicate proper operation and maintenance of the control 
device.
    (j) A closed-vent system shall meet either of the following design 
requirements:
    (1) A closed-vent system shall be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppmv above background as determined by the procedure in Sec. 
265.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (k) The owner or operator shall monitor and inspect each closed-vent 
system required to comply with this section to ensure proper operation 
and maintenance of the closed-vent system by implementing the following 
requirements:
    (1) Each closed-vent system that is used to comply with paragraph 
(j)(1) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) An initial leak detection monitoring of the closed-vent system 
shall be conducted by the owner or operator on or before the date that 
the system becomes subject to this section. The owner or operator shall 
monitor the closed-vent system components and connections using the 
procedures specified in Sec. 265.1034(b) of this subpart to demonstrate 
that the closed-vent system operates with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppmv above 
background.
    (ii) After initial leak detection monitoring required in paragraph 
(k)(1)(i) of this section, the owner or operator shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air pollutant emissions. The owner or operator shall 
monitor a component or connection using the procedures specified in 
Sec. 265.1034(b) of this subpart to demonstrate that it operates with 
no detectable emissions following any time the component is repaired or 
replaced (e.g., a section of damaged hard piping is replaced with new 
hard piping) or the connection is unsealed (e.g., a flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (k)(1)(ii)(A) of this section shall be monitored 
annually and at other times as requested by the Regional Administrator, 
except as provided for in paragraph (n) of this section, using the 
procedures specified in

[[Page 704]]

Sec. 265.1034(b) of this subpart to demonstrate that the components or 
connections operate with no detectable emissions.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect or leak in accordance with the 
requirements of paragraph (k)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec. 
265.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph 
(j)(2) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) The closed-vent system shall be visually inspected by the owner 
or operator to check for defects that could result in air pollutant 
emissions. Defects include, but are not limited to, visible cracks, 
holes, or gaps in ductwork or piping or loose connections.
    (ii) The owner or operator shall perform an initial inspection of 
the closed-vent system on or before the date that the system becomes 
subject to this section. Thereafter, the owner or operator shall perform 
the inspections at least once every year.
    (iii) In the event that a defect or leak is detected, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (k)(3) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in Sec. 
265.1035 of this subpart.
    (3) The owner or operator shall repair all detected defects as 
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by 
an instrument reading greater than 500 ppmv above background, shall be 
controlled as soon as practicable, but not later than 15 calendar days 
after the emission is detected, except as provided for in paragraph 
(k)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown, or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be completed by the end of the next process unit 
shutdown.
    (iv) The owner or operator shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 265.1035 
of this subpart.
    (l) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (m) The owner or operator using a carbon adsorption system to 
control air pollutant emissions shall document that all carbon that is a 
hazardous waste and that is removed from the control device is managed 
in one of the following manners, regardless of the average volatile 
organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that 
meets one of the following:
    (i) The owner or operator of the unit has been issued a final permit 
under 40 CFR part 270 which implements the requirements of 40 CFR part 
264 subpart X; or
    (ii) The unit is equipped with and operating air emission controls 
in accordance with the applicable requirements of subparts AA and CC of 
either this part or of 40 CFR part 264; or
    (iii) The unit is equipped with and operating air emission controls 
in accordance with a national emission standard for hazardous air 
pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the owner 
or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 264, subpart O; or
    (ii) Has designed and operates the incinerator in accordance with 
the interim status requirements of subpart O of this part.
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:

[[Page 705]]

    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (n) Any components of a closed-vent system that are designated, as 
described in Sec. 265.1035(c)(9) of this subpart, as unsafe to monitor 
are exempt from the requirements of paragraph (k)(1)(ii)(B) of this 
section if:
    (1) The owner or operator of the closed-vent system determines that 
the components of the closed-vent system are unsafe to monitor because 
monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with paragraph (k)(1)(ii)(B) of this section; 
and
    (2) The owner or operator of the closed-vent system adheres to a 
written plan that requires monitoring the closed-vent system components 
using the procedure specified in paragraph (k)(1)(ii)(B) of this section 
as frequently as practicable during safe-to-monitor times.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 
FR 59969, Nov. 25, 1996; 62 FR 64661, Dec. 8, 1997; 71 FR 40276, July 
14, 2006]



Sec. 265.1034  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) When a closed-vent system is tested for compliance with no 
detectable emissions, as required in Sec. 265.1033(k) of this subpart, 
the test shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in 
Reference Method 21.
    (6) The instrument probe shall be traversed around all potential 
leak in ter faces as close to the interface as possible as described in 
Reference Method 21.
    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (c) Performance tests to determine compliance with Sec. 265.1032(a) 
and with the total organic compound concentration limit of Sec. 
265.1033(c) shall comply with the following:
    (1) Performance tests to determine total organic compound 
concentrations and mass flow rates entering and exiting control devices 
shall be conducted and data reduced in accordance with the following 
reference methods and calculation procedures:
    (i) Method 2 in 40 CFR part 60 for velocity and volumetric flow 
rate.
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (iii) Each performance test shall consist of three separate runs; 
each run conducted for at least 1 hour under the conditions that exist 
when the hazardous waste management unit is operating at the highest 
load or capacity level reasonably expected to occur. For the purpose of 
determining total organic compound concentrations and mass flow rates, 
the average of results of all runs shall apply. The average shall be 
computed on a time-weighted basis.

[[Page 706]]

    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.

    [GRAPHIC] [TIFF OMITTED] TR14JN05.000
    
Where:

Eh = Total organic mass flow rate, kg/h;
Q2sd = Volumetric flow rate of gases entering or exiting 
control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
in the vent gas, as determined by Method 18;
MWi = Molecular weight of organic compound i in the vent gas, 
kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6)

Where:

Eh = Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as 
determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 
mm Hg);
10-6 = Conversion from ppm.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA=(Eh) (H)

where:

EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.

    (vi) Total organic emissions from all affected process vents at the 
facility shall be determined by summing the hourly total organic mass 
emission rates (Eh, as determined in paragraph (c)(1)(iv) of 
this section) and by summing the annual total organic mass emission 
rates (EA, as determined in paragraph (c)(1)(v) of this 
section) for all affected process vents at the facility.
    (2) The owner or operator shall record such process information as 
may be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (i) Sampling ports adequate for the test methods specified in 
paragraph (c)(1) of this section.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the 
event that a sample is accidentally lost or conditions occur in which 
one of the three runs must be discontinued because of forced shutdown, 
failure of an irreplaceable portion of the sample train, extreme 
meteorological conditions, or other circumstances beyond the owner or 
operator's control, compliance may, upon the Regional Administrator's 
approval, be determined using the average of the results of the two 
other runs.
    (d) To show that a process vent associated with a hazardous waste 
distillation, fractionation, thin-film evaporation, solvent extraction, 
or air or steam stripping operation is not subject to the requirements 
of this subpart, the owner or operator must make an initial 
determination that the time-weighted, annual average total organic 
concentration of the waste managed by the waste management unit is less 
than 10 ppmw using one of the following two methods:
    (1) Direct measurement of the organic concentration of the waste 
using the following procedures:
    (i) The owner or operator must take a minimum of four grab samples 
of waste for each waste stream managed in the affected unit under 
process conditions expected to cause the maximum waste organic 
concentration.
    (ii) For waste generated onsite, the grab samples must be collected 
at a

[[Page 707]]

point before the waste is exposed to the atmosphere such as in an 
enclosed pipe or other closed system that is used to transfer the waste 
after generation to the first affected distillation fractionation, thin-
film evaporation, solvent extraction, or air or steam stripping 
operation. For waste generated offsite, the grab samples must be 
collected at the inlet to the first waste management unit that receives 
the waste provided the waste has been transferred to the facility in a 
closed system such as a tank truck and the waste is not diluted or mixed 
with other waste.
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060A 
(incorporated by reference under Sec. 260.11 of this chapter) of ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846; or analyzed for its individual organic constituents.
    (iv) The arithmetic mean of the results of the analyses of the four 
samples shall apply for each waste stream managed in the unit in 
determining the time-weighted, annual average total organic 
concentration of the waste. The time-weighted average is to be 
calculated using the annual quantity of each waste stream processed and 
the mean organic concentration of each waste stream managed in the unit.
    (2) Using knowledge of the waste to determine that its total organic 
concentration is less than 10 ppmw. Documentation of the waste 
determination is required. Examples of documentation that shall be used 
to support a determination under this provision include production 
process information documenting that no organic compounds are used, 
information that the waste is generated by a process that is identical 
to a process at the same or another facility that has previously been 
demonstrated by direct measurement to generate a waste stream having a 
total organic content less than 10 ppmw, or prior speciation analysis 
results on the same waste stream where it can also be documented that no 
process changes have occurred since that analysis that could affect the 
waste total organic concentration.
    (e) The determination that distillation fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations 
manage hazardous wastes with time-weighted annual average total organic 
concentrations less than 10 ppmw shall be made as follows:
    (1) By the effective date that the facility becomes subject to the 
provisions of this subpart or by the date when the waste is first 
managed in a waste management unit, whichever is later; and
    (2) For continuously generated waste, annually; or
    (3) Whenever there is a change in the waste being managed or a 
change in the process that generates or treats the waste.
    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation manages a 
hazardous waste with organic concentrations of at least 10 ppmw based on 
knowledge of the waste, the dispute may be resolved using direct 
measurement as specified at paragraph (d)(1) of this section.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59970, Nov. 25, 1996; 62 FR 32463, June 13, 1997; 70 FR 34586, 
June 14, 2005]



Sec. 265.1035  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one hazardous waste management 
unit subject to the provisions of this subpart may comply with the 
recordkeeping requirements for these hazardous waste management units in 
one recordkeeping system if the system identifies each record by each 
hazardous waste management unit.
    (b) Owners and operators must record the following information in 
the facility operating record:
    (1) For facilities that comply with the provisions of Sec. 
265.1033(a)(2), an implementation schedule that includes dates by which 
the closed-vent system and control device will be installed and in 
operation. The schedule must also

[[Page 708]]

include a rationale of why the installation cannot be completed at an 
earlier date. The implementation schedule must be in the facility 
operating record by the effective date that the facility becomes subject 
to the provisions of this subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 265.1032, including:
    (i) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous waste management units on a facility plot 
plan); and
    (ii) Information and data supporting determinations of vent 
emissions and emission reductions achieved by add-on control devices 
based on engineering calculations or source tests. For the purpose of 
determining compliance, determinations of vent emissions and emission 
reductions must be made using operating parameter values (e.g., 
temperatures, flow rates or vent stream organic compounds and 
concentrations) that represent the conditions that result in maximum 
organic emissions, such as when the waste management unit is operating 
at the highest load or capacity level reasonably expected to occur. If 
the owner or operator takes any action (e.g., managing a waste of 
different composition or increasing operating hours of affected waste 
management units) that would result in an increase in total organic 
emissions from affected process vents at the facility, then a new 
determination is required.
    (3) Where an owner or operator chooses to use test data to determine 
the organic removal efficiency or total organic compound concentration 
achieved by the control device, a performance test plan. The test plan 
must include:
    (i) A description of how it is determined that the planned test is 
going to be conducted when the hazardous waste management unit is 
operating at the highest load or capacity level reasonably expected to 
occur. This shall include the estimated or design flow rate and organic 
content of each vent stream and define the acceptable operating ranges 
of key process and control device parameters during the test program.
    (ii) A detailed engineering description of the closed-vent system 
and control device including:
    (A) Manufacturer's name and model number of control device.
    (B) Type of control device.
    (C) Dimensions of the control device.
    (D) Capacity.
    (E) Construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (4) Documentation of compliance with Sec. 265.1033 shall include 
the following information:
    (i) A list of all information references and sources used in 
preparing the documentation.
    (ii) Records, including the dates, of each compliance test required 
by Sec. 265.1033(j).
    (iii) If engineering calculations are used, a design analysis, 
specifications, drawings, schematics, and piping and instrumentation 
diagrams based on the appropriate sections of ``APTI Course 415: Control 
of Gaseous Emissions'' (incorporated by reference as specified in Sec. 
260.11) or other engineering texts acceptable to the Regional 
Administrator that present basic control device design information. 
Documentation provided by the control device manufacturer or vendor that 
describes the control device design in accordance with paragraphs 
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used to 
comply with this requirement. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified below.
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the

[[Page 709]]

design minimum and average temperature in the combustion zone and the 
combustion zone residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the combustion zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in Sec. 
265.1033(d).
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level, design average 
temperature of the condenser exhaust vent stream, and design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system such as a fixed-bed adsorber that 
regenerates the carbon bed directly onsite in the control device, the 
design analysis shall consider the vent stream composition, constituent 
concentrations, flow rate, relative humidity, and temperature. The 
design analysis shall also establish the design exhaust vent stream 
organic compound concentration level, number and capacity of carbon 
beds, type and working capacity of activated carbon used for carbon 
beds, design total steam flow over the period of each complete carbon 
bed regeneration cycle, duration of the carbon bed steaming and cooling/
drying cycles, design carbon bed temperature after regeneration, design 
carbon bed regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system such as a carbon canister that 
does not regenerate the carbon bed directly onsite in the control 
device, the design analysis shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature. The design analysis shall also establish the design outlet 
organic concentration level, capacity of carbon bed, type and working 
capacity of activated carbon used for carbon bed, and design carbon 
replacement interval based on the total carbon working capacity of the 
control device and source operating schedule.
    (iv) A statement signed and dated by the owner or operator 
certifying that the operating parameters used in the design analysis 
reasonably represent the conditions that exist when the hazardous waste 
management unit is or would be operating at the highest load or capacity 
level reasonably expected to occur.
    (v) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
percent or greater unless the total organic concentration limit of Sec. 
265.1032(a) is achieved at an efficiency less than 95 weight percent or 
the total organic emission limits of Sec. 265.1032(a) for affected 
process vents at the facility can be attained by a control device 
involving vapor recovery at an efficiency less than 95 weight percent. A 
statement provided by the control device manufacturer or vendor 
certifying that the control equipment meets the design specifications 
may be used to comply with this requirement.
    (vi) If performance tests are used to demonstrate compliance, all 
test results.
    (c) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of this part shall be recorded and kept up-
to-date in the facility operating record. The information shall include:
    (1) Description and date of each modification that is made to the 
closed-vent system or control device design.

[[Page 710]]

    (2) Identification of operating parameter, description of monitoring 
device, and diagram of monitoring sensor location or locations used to 
comply with Sec. 265.1033(f)(1) and (f)(2).
    (3) Monitoring, operating and inspection information required by 
paragraphs (f) through (k) of Sec. 265.1033 of this subpart.
    (4) Date, time, and duration of each period that occurs while the 
control device is operating when any monitored parameter exceeds the 
value established in the control device design analysis as specified 
below:
    (i) For a thermal vapor incinerator designed to operate with a 
minimum residence time of 0.50 seconds at a minimum temperature of 760 
[deg]C, period when the combustion temperature is below 760 [deg]C.
    (ii) For a thermal vapor incinerator designed to operate with an 
organic emission reduction efficiency of 95 percent or greater, period 
when the combustion zone temperature is more than 28 [deg]C below the 
design average combustion zone temperature established as a requirement 
of paragraph (b)(4)(iii)(A) of this section.
    (iii) For a catalytic vapor incinerator, period when:
    (A) Temperature of the vent stream at the catalyst bed inlet is more 
than 28 [deg]C below the average temperature of the inlet vent stream 
established as a requirement of paragraph (b)(4)(iii)(B) of this 
section; or
    (B) Temperature difference across the catalyst bed is less than 80 
percent of the design average temperature difference established as a 
requirement of paragraph (b)(4)(iii)(B) of this section.
    (iv) For a boiler or process heater, period when:
    (A) Flame zone temperature is more than 28 [deg]C below the design 
average flame zone temperature established as a requirement of paragraph 
(b)(4)(iii)(C) of this section; or
    (B) Position changes where the vent stream is introduced to the 
combustion zone from the location established as a requirement of 
paragraph (b)(4)(iii)(C) of this section.
    (v) For a flare, period when the pilot flame is not ignited.
    (vi) For a condenser that complies with Sec. 265.1033(f)(2)(vi)(A), 
period when the organic compound concentration level or readings of 
organic compounds in the exhaust vent stream from the condenser are more 
than 20 percent greater than the design outlet organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (vii) For a condenser that complies with Sec. 
265.1033(f)(2)(vi)(B), period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more than 6 [deg]C above the design average exhaust vent stream 
temperature established as a requirement of paragraph (b)(4)(iii)(E) of 
this section; or
    (B) Temperature of the coolant fluid exiting the condenser is more 
than 6 [deg]C above the design average coolant fluid temperature at the 
condenser outlet established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (viii) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 265.1033(f)(2)(vii)(A), period when the 
organic compound concentration level or readings of organic compounds in 
the exhaust vent stream from the carbon bed are more than 20 percent 
greater than the design exhaust vent stream organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(F) of this section.
    (ix) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 265.1033(f)(2)(vii)(B), period when the 
vent stream continues to flow through the control device beyond the 
predetermined carbon bed regeneration time established as a requirement 
of paragraph (b)(4)(iii)(F) of this section.
    (5) Explanation for each period recorded under paragraph (c)(4) of 
this section of the cause for control device operating parameter 
exceeding the design value and the measures implemented to correct the 
control device operation.
    (6) For carbon adsorption systems operated subject to requirements 
specified in Sec. 265.1033(g) or Sec. 265.1033(h)(2), date when 
existing carbon in the

[[Page 711]]

 control device is replaced with fresh carbon.
    (7) For carbon adsorption systems operated subject to requirements 
specified in Sec. 265.1033(h)(1), a log that records:
    (i) Date and time when control device is monitored for carbon 
breakthrough and the monitoring device reading.
    (ii) Date when existing carbon in the control device is replaced 
with fresh carbon.
    (8) Date of each control device startup and shutdown.
    (9) An owner or operator designating any components of a closed-vent 
system as unsafe to monitor pursuant to Sec. 265.1033(n) of this 
subpart shall record in a log that is kept in the facility operating 
record the identification of closed-vent system components that are 
designated as unsafe to monitor in accordance with the requirements of 
Sec. 265.1033(n) of this subpart, an explanation for each closed-vent 
system component stating why the closed-vent system component is unsafe 
to monitor, and the plan for monitoring each closed-vent system 
component.
    (10) When each leak is detected as specified in Sec. 265.1033(k) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3) through (c)(10) of this section shall be 
maintained by the owner or operator for at least 3 years following the 
date of each occurrence, measurement, maintenance, corrective action, or 
record.
    (e) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, monitoring and inspection information 
indicating proper operation and maintenance of the control device must 
be recorded in the facility operating record.
    (f) Up-to-date information and data used to determine whether or not 
a process vent is subject to the requirements in Sec. 265.1032 
including supporting documentation as required by Sec. 265.1034(d)(2) 
when application of the knowledge of the nature of the hazardous waste 
stream or the process by which it was produced is used, shall be 
recorded in a log that is kept in the facility operating record.

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59970, Nov. 25, 1996; 71 FR 40276, July 14, 2006]



Sec. Sec. 265.1036-265.1049  [Reserved]



          Subpart BB_Air Emission Standards for Equipment Leaks

    Source: 55 FR 25512, June 21, 1990, unless otherwise noted.



Sec. 265.1050  Applicability.

    (a) The regulations in this subpart apply to owners and operators of 
facilities that treat, store, or dispose of hazardous wastes (except as 
provided in Sec. 265.1).
    (b) Except as provided in Sec. 265.1064(k), this subpart applies to 
equipment that contains or contacts hazardous wastes with organic 
concentrations of at least 10 percent by weight that are managed in one 
of the following:

[[Page 712]]

    (1) A unit that is subject to the permitting requirements of 40 CFR 
part 270, or
    (2) A unit (including a hazardous waste recycling unit) that is not 
exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a 
hazardous waste recycling unit that is not a 90-day tank or container) 
and that is located at a hazardous waste management facility otherwise 
subject to the permitting requirements of 40 CFR part 270, or
    (3) A unit that is exempt from permitting under the provisions of 40 
CFR 262.34(a) (i.e., a ``90-day'' tank or container) and is not a 
recycling unit under the provisions of 40 CFR 261.6.
    (c) Each piece of equipment to which this subpart applies shall be 
marked in such a manner that it can be distinguished readily from other 
pieces of equipment.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. 265.1052 to Sec. 265.1060 if it is identified as 
required in Sec. 265.1064(g)(5).
    (e) Equipment that contains or contacts hazardous waste with an 
organic concentration of at least 10 percent by weight for less than 300 
hours per calendar year is excluded from the requirements of Sec. Sec. 
265.1052 through 265.1060 of this subpart if it is identified, as 
required in Sec. 265.1064(g)(6) of this subpart.
    (f) The requirements of this subpart do not apply to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided 
that facility is operated in compliance with the requirements contained 
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The 
requirements of this subpart shall apply to the facility upon 
termination of the Clean Air Act permit issued pursuant to 40 CFR 
52.2454.
    (g) Purged coatings and solvents from surface coating operations 
subject to the national emission standards for hazardous air pollutants 
(NESHAP) for the surface coating of automobiles and light-duty trucks at 
40 CFR part 63, subpart IIII, are not subject to the requirements of 
this subpart.

    [Note: The requirements of Sec. Sec. 265.1052 through 265.1064 
apply to equipment associated with hazardous waste recycling units 
previously exempt under paragraph 261.6(c)(1). Other exemptions under 
Sec. Sec. 261.4 and 265.1(c) are not affected by these requirements.]

[55 FR 25512, June 21, 1990, as amended at 61 FR 59970, Nov. 25, 1996; 
62 FR 52642, Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997; 69 FR 22661, Apr. 
26, 2004]



Sec. 265.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 264.1031, the Act, and parts 260-266.



Sec. 265.1052  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec. 265.1063(b), except as 
provided in paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal.
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 265.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than 5 calendar days after each leak is detected.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a), provided the following requirements are met:
    (1) Each dual mechanical seal system must be:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure, or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 265.1060, or
    (iii) Equipped with a system that purges the barrier fluid into a 
hazardous waste stream with no detectable emissions to the atmosphere.

[[Page 713]]

    (2) The barrier fluid system must not be a hazardous waste with 
organic concentrations 10 percent or greater by weight.
    (3) Each barrier fluid system must be equipped with a sensor that 
will detect failure of the seal system, the barrier fluid system or 
both.
    (4) Each pump must be checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
must be checked daily or be equipped with an audible alarm that must be 
checked monthly to ensure that it is functioning properly.
    (ii) The owner or operator must determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (6)(i) If there are indications of liquids dripping from the pump 
seal or the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined in paragraph 
(d)(5)(ii) of this section, a leak is detected.
    (ii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 265.1059.
    (iii) A first attempt at repair (e.g., relapping the seal) shall be 
made no later than 5 calendar days after each leak is detected.
    (e) Any pump that is designated, as described in Sec. 
265.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a), (c), and (d) of this section if the 
pump meets the following requirements:
    (1) Must have no externally actuated shaft penetrating the pump 
housing.
    (2) Must operate with no detectable emissions as indicated by an 
instrument reading of less than 500 ppm above background as measured by 
the methods specified in Sec. 265.1063(c).
    (3) Must be tested for compliance with paragraph (e)(2) of this 
section initially upon designation, annually, and at other times as 
requested by the Regional Administrator.
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec. 265.1060, it 
is exempt from the requirements of paragraphs (a) through (e) of this 
section.

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]



Sec. 265.1053  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of total 
organic emissions to the atmosphere, except as provided in paragraphs 
(h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is at all 
times greater than the compressor stuffing box pressure, or
    (2) Equipped with a barrier fluid system that is connected by a 
closed-vent system to a control device that complies with the 
requirements of Sec. 265.1060, or
    (3) Equipped with a system that purges the barrier fluid into a 
hazardous waste stream with no detectable emissions to atmosphere.
    (c) The barrier fluid must not be a hazardous waste with organic 
concentrations 10 percent or greater by weight.
    (d) Each barrier fluid system as described in paragraphs (a) through 
(c) of this section shall be equipped with a sensor that will detect 
failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm that 
must be checked monthly to ensure that it is functioning properly unless 
the compressor is located within the boundary of an unmanned plant site, 
in which case the sensor must be checked daily.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion

[[Page 714]]

that indicates failure of the seal system, the barrier fluid system or 
both.
    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 265.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than 5 calendar days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section if it is equipped with a closed-vent system 
capable of capturing and transporting any leakage from the seal to a 
control device that complies with the requirements of Sec. 265.1060, 
except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in Sec. 
265.1064(g)(2), for no detectable emission as indicated by an instrument 
reading of less than 500 ppm above background is exempt from the 
requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is determined to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 265.1063(c).
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.



Sec. 265.1054  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 265.1063(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 265.1059.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the condition of no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, as measured by the method specified in Sec. 
265.1063(c).
    (c) Any pressure relief device that is equipped with a closed-vent 
system capable of capturing and transporting leakage from the pressure 
relief device to a control device as described in Sec. 265.1060 is 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 265.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system. This system shall collect the 
sample purge for return to the process or for routing to the appropriate 
treatment system. Gases displaced during filling of the sample container 
are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall:
    (1) Return the purged process fluid directly to the process line; or
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a waste management unit that complies with the 
applicable requirements of Sec. 265.1085 through Sec. 265.1087 of this 
subpart or a control device that complies with the requirements of Sec. 
265.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[61 FR 59971, Nov. 25, 1996]



Sec. 265.1056  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve.

[[Page 715]]

    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring hazardous waste 
stream flow through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the hazardous waste 
stream end is closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) of 
this section at all other times.



Sec. 265.1057  Standards: Valves in gas/vapor service or in light liquid 

service.

    (a) Each valve in gas/vapor or light liquid service shall be 
monitored monthly to detect leaks by the methods specified in Sec. 
265.1063(b) and shall comply with paragraphs (b) through (e) of this 
section, except as provided in paragraphs (f), (g), and (h) of this 
section, and Sec. Sec. 265.1061 and 265.1062.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) Any valve for which a leak is not detected for two successive 
months may be monitored the first month of every succeeding quarter, 
beginning with the next quarter, until a leak is detected.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 265.1059.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts.
    (2) Replacement of bonnet bolts.
    (3) Tightening of packing gland nuts.
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec. 
265.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the 
hazardous waste stream.
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec. 265.1063(c).
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.
    (g) Any valve that is designated, as described in Sec. 
265.1064(h)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve determines that the valve is 
unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section.
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec. 
265.1064(h)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve determines that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The hazardous waste management unit within which the valve is 
located was in operation before June 21, 1990.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec. 265.1058  Standards: Pumps and valves in heavy liquid service, pressure 

relief devices in light liquid or heavy liquid service, and flanges and other 

connectors.

    (a) Pumps and valves in heavy liquid service, pressure relief 
devices in light

[[Page 716]]

liquid or heavy liquid service, and flanges and other connectors shall 
be monitored within 5 days by the method specified in Sec. 265.1063(b) 
if evidence of a potential leak is found by visual, audible, olfactory, 
or any other detection method.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 265.1059.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. 265.1057(e).
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the 
monitoring requirements of paragraph (a) of this section and from the 
recordkeeping requirements of Sec. 265.1064 of this subpart.

[55 FR 25512, June 21, 1990, as amended at 61 FR 59971, Nov. 25, 1996]



Sec. 265.1059  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if the repair is technically infeasible without a 
hazardous waste management unit shutdown. In such a case, repair of this 
equipment shall occur before the end of the next hazardous waste 
management unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
will be allowed for equipment that is isolated from the hazardous waste 
management unit and that does not continue to contain or contact 
hazardous waste with organic concentrations at least 10 percent by 
weight.
    (c) Delay of repair for valves will be allowed if:
    (1) The owner or operator determines that emissions of purged 
material resulting from immediate repair are greater than the emissions 
likely to result from delay of repair.
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 265.1060.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system.
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a hazardous waste management unit 
shutdown will be allowed for a valve if valve assembly replacement is 
necessary during the hazardous waste management unit shutdown, valve 
assembly supplies have been depleted, and valve assembly supplies had 
been sufficiently stocked before the supplies were depleted. Delay of 
repair beyond the next hazardous waste management unit shutdown will not 
be allowed unless the next hazardous waste management unit shutdown 
occurs sooner than 6 months after the first hazardous waste management 
unit shutdown.



Sec. 265.1060  Standards: Closed-vent systems and control devices.

    (a) Owners and operators of closed-vent systems and control devices 
subject to this subpart shall comply with the provisions of Sec. 
265.1033 of this part.
    (b)(1) The owner or operator of an existing facility who can not 
install a closed-vent system and control device to comply with the 
provisions of this subpart on the effective date that the facility 
becomes subject to the provisions of this subpart must prepare an 
implementation schedule that includes dates by which the closed-vent 
system and control device will be installed and in operation. The 
controls must be installed as soon as possible, but the implementation 
schedule may allow up to 30 months after the effective date that the 
facility becomes subject to this subpart for installation and startup.
    (2) Any units that begin operation after December 21, 1990, and are 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.

[[Page 717]]

    (3) The owner or operator of any facility in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to this subpart shall comply with all requirements 
of this subpart as soon as practicable but no later than 30 months after 
the amendment's effective date. When control equipment required by this 
subpart can not be installed and begin operation by the effective date 
of the amendment, the facility owner or operator shall prepare an 
implementation schedule that includes the following information: 
Specific calendar dates for award of contracts or issuance of purchase 
orders for the control equipment, initiation of on-site installation of 
the control equipment, completion of the control equipment installation, 
and performance of any testing to demonstrate that the installed 
equipment meets the applicable standards of this subpart. The owner or 
operator shall enter the implementation schedule in the operating record 
or in a permanent, readily available file located at the facility.
    (4) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997 due 
to an action other than those described in paragraph (b)(3) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).

[62 FR 64662, Dec. 8, 1997]



Sec. 265.1061  Alternative standards for valves in gas/vapor service or in 

light liquid service: percentage of valves allowed to leak.

    (a) An owner or operator subject to the requirements of Sec. 
265.1057 may elect to have all valves within a hazardous waste 
management unit comply with an alternative standard which allows no 
greater than 2 percent of the valves to leak.
    (b) The following requirements shall be met if an owner or operator 
decides to comply with the alternative standard of allowing 2 percent of 
valves to leak:
    (1) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Regional Administrator.
    (2) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 265.1057 (d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec. 265.1057 within 
the hazardous waste management unit shall be monitored within 1 week by 
the methods specified in Sec. 265.1063(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves subject to the requirements in Sec. 265.1057 for which leaks 
are detected by the total number of valves subject to the requirements 
in Sec. 265.1057 within the hazardous waste management unit.

[55 FR 25512, June 21, 1990, as amended at 71 FR 16912, Apr. 4, 2006]



Sec. 265.1062  Alternative standards for valves in gas/vapor service or in 

light liquid service: skip period leak detection and repair.

    (a) An owner or operator subject to the requirements of Sec. 
265.1057 may elect for all valves within a hazardous waste management 
unit to comply with one of the alternative work practices specified in 
paragraphs (b) (2) and (3) of this section.
    (b)(1) An owner or operator shall comply with the requirements for 
valves, as described in Sec. 265.1057, except as described in 
paragraphs (b)(2) and (b)(3) of this section.
    (2) After two consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip one of the quarterly leak detection 
periods (i.e., monitor for leaks once every six months) for the valves 
subject to the requirements in Sec. 265.1057 of this subpart.
    (3) After five consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than 2 percent, an owner 
or operator may begin to skip three of the quarterly leak detection 
periods (i.e.,

[[Page 718]]

monitor for leaks once every year) for the valves subject to the 
requirements in Sec. 265.1057 of this subpart.
    (4) If the percentage of valves leaking is greater than 2 percent, 
the owner or operators shall monitor monthly in compliance with the 
requirements in Sec. 265.1057, but may again elect to use this section 
after meeting the requirements of Sec. 265.1057(c)(1).

[55 FR 25512, June 21, 1990, as amended at 62 FR 64662, Dec. 8, 1997; 71 
FR 16912, Apr. 4, 2006]



Sec. 265.1063  Test methods and procedures.

    (a) Each owner or operator subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Leak detection monitoring, as required in Sec. Sec. 265.1052 
through 265.1062, shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (c) When equipment is tested for compliance with no detectable 
emissions, as required in Sec. Sec. 265.1052(e), 265.1053(i), 265.1054, 
and 265.1057(f), the test shall comply with the following requirements:
    (1) The requirements of paragraphs (b) (1) through (4) of this 
section shall apply.
    (2) The background level shall be determined, as set forth in 
Reference Method 21.
    (3) The instrument probe shall be traversed around all potential 
leak in ter faces as close to the interface as possible as described in 
Reference Method 21.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d) In accordance with the waste analysis plan required by Sec. 
265.13(b), an owner or operator of a facility must determine, for each 
piece of equipment, whether the equipment contains or contacts a 
hazardous waste with organic concentration that equals or exceeds 10 
percent by weight using the following:
    (1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, 
E 260-85 (incorporated by reference under Sec. 260.11);
    (2) Method 9060A (incorporated by reference under Sec. 260.11 of 
this chapter) of ``Test Methods for Evaluating Solid Waste,'' EPA 
Publication SW-846 or analyzed for its individual organic constituents; 
or
    (3) Application of the knowledge of the nature of the hazardous 
waste stream or the process by which it was produced. Documentation of a 
waste determination by knowledge is required. Examples of documentation 
that shall be used to support a determination under this provision 
include production process information documenting that no organic 
compounds are used, information that the waste is generated by a process 
that is identical to a process at the same or another facility that has 
previously been demonstrated by direct measurement to have a total 
organic content less than 10 percent, or prior speciation analysis 
results on the same waste stream where it can also be documented that no 
process changes have occurred since that analysis that could affect the 
waste total organic concentration.
    (e) If an owner or operator determines that a piece of equipment 
contains or contacts a hazardous waste with organic concentrations at 
least 10 percent by weight, the determination can be revised only after 
following the procedures in paragraph (d)(1) or (d)(2) of this section.

[[Page 719]]

    (f) When an owner or operator and the Regional Administrator do not 
agree on whether a piece of equipment contains or contacts a hazardous 
waste with organic concentrations at least 10 percent by weight, the 
procedures in paragraph (d)(1) or (d)(2) of this section can be used to 
resolve the dispute.
    (g) Samples used in determining the percent organic content shall be 
representative of the highest total organic content hazardous waste that 
is expected to be contained in or contact the equipment.
    (h) To determine if pumps or valves are in light liquid service, the 
vapor pressures of constituents may be obtained from standard reference 
texts or may be determined by ASTM D-2879-86 (incorporated by reference 
under Sec. 260.11).
    (i) Performance tests to determine if a control device achieves 95 
weight percent organic emission reduction shall comply with the 
procedures of Sec. 265.1034 (c)(1) through (c)(4).

[55 FR 25512, June 21, 1990, as amended at 62 FR 32463, June 13, 1997; 
70 FR 34586, June 14, 2005; 71 FR 40276, July 14, 2006]



Sec. 265.1064  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one hazardous waste management 
unit subject to the provisions of this subpart may comply with the 
recordkeeping requirements for these hazardous waste management units in 
one recordkeeping system if the system identifies each record by each 
hazardous waste management unit.
    (b) Owners and operators must record the following information in 
the facility operating record:
    (1) For each piece of equipment to which subpart BB of part 265 
applies:
    (i) Equipment identification number and hazardous waste management 
unit identification.
    (ii) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (iii) Type of equipment (e.g., a pump or pipeline valve).
    (iv) Percent-by-weight total organics in the hazardous waste stream 
at the equipment.
    (v) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (vi) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (2) For facilities that comply with the provisions of Sec. 
265.1033(a)(2), an implementation schedule as specified in Sec. 
265.1033(a)(2).
    (3) Where an owner or operator chooses to use test data to 
demonstrate the organic removal efficiency or total organic compound 
concentration achieved by the control device, a performance test plan as 
specified in Sec. 265.1035(b)(3).
    (4) Documentation of compliance with Sec. 265.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 265.1035(b)(4).
    (c) When each leak is detected as specified in Sec. Sec. 265.1052, 
265.1053, 265.1057, and 265.1058, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, the date evidence of a potential 
leak was found in accordance with Sec. 265.1058(a), and the date the 
leak was detected, shall be attached to the leaking equipment.
    (2) The identification on equipment, except on a valve, may be 
removed after it has been repaired.
    (3) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. 265.1057(c) and 
no leak has been detected during those 2 months.
    (d) When each leak is detected as specified in Sec. Sec. 265.1052, 
265.1053, 265.1057, and 265.1058, the following information shall be 
recorded in an inspection log and shall be kept in the facility 
operating record:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date evidence of a potential leak was found in accordance 
with Sec. 265.1058(a).
    (3) The date the leak was detected and the dates of each attempt to 
repair the leak.

[[Page 720]]

    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 265.1063(b) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (6) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (7) Documentation supporting the delay of repair of a valve in 
compliance with Sec. 265.1059(c).
    (8) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a hazardous 
waste management unit shutdown.
    (9) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (10) The date of successful repair of the leak.
    (e) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of Sec. 265.1060 shall be recorded and kept 
up-to-date in the facility operating record as specified in Sec. 
265.1035(c). Design documentation is specified in Sec. 265.1035 (c)(1) 
and (c)(2) and monitoring, operating, and inspection information in 
Sec. 265.1035 (c)(3)-(c)(8).
    (f) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, monitoring and inspection information 
indicating proper operation and maintenance of the control device must 
be recorded in the facility operating record.
    (g) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec. 265.1052 through 265.1060 shall be 
recorded in a log that is kept in the facility operating record:
    (1) A list of identification numbers for equipment (except welded 
fittings) subject to the requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to designate for no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, under the provisions of Sec. Sec. 265.1052(e), 265.1053(i), 
and 265.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Sec. Sec. 265.1052(e), 265.1053(i), or 265.1057(f) 
shall be signed by the owner or operator.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 265.1054(a).
    (4)(i) The dates of each compliance test required in Sec. Sec. 
265.1052(e), 265.1053(i), 265.1054, and 265.1057(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for less than 300 hours 
per calendar year.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 265.1057 (g) and (h) shall be recorded in a 
log that is kept in the facility operating record:
    (1) A list of identification numbers for valves that are designated 
as unsafe to monitor, an explanation for each valve stating why the 
valve is unsafe to monitor, and the plan for monitoring each valve.
    (2) A list of identification numbers for valves that are designated 
as difficult to monitor, an explanation for each valve stating why the 
valve is difficult to monitor, and the planned schedule for monitoring 
each valve.
    (i) The following information shall be recorded in the facility 
operating record for valves complying with Sec. 265.1062:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (j) The following information shall be recorded in a log that is 
kept in the facility operating record:
    (1) Criteria required in Sec. Sec. 265.1052 (d)(5)(ii) and 
265.1053(e)(2) and an explanation of the criteria.
    (2) Any changes to these criteria and the reasons for the changes.

[[Page 721]]

    (k) The following information shall be recorded in a log that is 
kept in the facility operating record for use in determining exemptions 
as provided in the applicability section of this subpart and other 
specific subparts:
    (1) An analysis determining the design capacity of the hazardous 
waste management unit.
    (2) A statement listing the hazardous waste influent to and effluent 
from each hazardous waste management unit subject to the requirements in 
Sec. Sec. 265.1052 through 265.1060 and an analysis determining whether 
these hazardous wastes are heavy liquids.
    (3) An up-to-date analysis and the supporting information and data 
used to determine whether or not equipment is subject to the 
requirements in Sec. Sec. 265.1052 through 265.1060. The record shall 
include supporting documentation as required by Sec. 265.1063(d)(3) 
when application of the knowledge of the nature of the hazardous waste 
stream or the process by which it was produced is used. If the owner or 
operator takes any action (e.g., changing the process that produced the 
waste) that could result in an increase in the total organic content of 
the waste contained in or contacted by equipment determined not to be 
subject to the requirements in Sec. Sec. 265.1052 through 265.1060, 
then a new determination is required.
    (l) Records of the equipment leak information required by paragraph 
(d) of this section and the operating information required by paragraph 
(e) of this section need be kept only 3 years.
    (m) The owner or operator of any facility with equipment that is 
subject to this subpart and to leak detection, monitoring, and repair 
requirements under regulations at 40 CFR part 60, part 61, or part 63 
may elect to determine compliance with this subpart either by 
documentation pursuant to Sec. 265.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, part 
61, or part 63 pursuant to the relevant provisions of the regulations at 
40 part 60, part 61, or part 63. The documentation of compliance under 
regulation at 40 CFR part 60, part 61, or part 63 shall be kept with or 
made readily available with the facility operating record.

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997]



Sec. Sec. 265.1065-265.1079  [Reserved]



 Subpart CC_Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers

    Source: 59 FR 62935, Dec. 6, 1994, unless otherwise noted.



Sec. 265.1080  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of all facilities that treat, store, or dispose of hazardous waste in 
tanks, surface impoundments, or containers subject to either subpart I, 
J, or K of this part except as Sec. 265.1 and paragraph (b) of this 
section provide otherwise.
    (b) The requirements of this subpart do not apply to the following 
waste management units at the facility:
    (1) A waste management unit that holds hazardous waste placed in the 
unit before December 6, 1996, and in which no hazardous waste is added 
to the unit on or after December 6, 1996.
    (2) A container that has a design capacity less than or equal to 0.1 
m\3\.
    (3) A tank in which an owner or operator has stopped adding 
hazardous waste and the owner or operator has begun implementing or 
completed closure pursuant to an approved closure plan.
    (4) A surface impoundment in which an owner or operator has stopped 
adding hazardous waste (except to implement an approved closure plan) 
and the owner or operator has begun implementing or completed closure 
pursuant to an approved closure plan.
    (5) A waste management unit that is used solely for on-site 
treatment or storage of hazardous waste that is placed in the unit as a 
result of implementing remedial activities required under the corrective 
action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA 
authorities; or similar Federal or State authorities.
    (6) A waste management unit that is used solely for the management 
of radioactive mixed waste in accordance

[[Page 722]]

with all applicable regulations under the authority of the Atomic Energy 
Act and the Nuclear Waste Policy Act.
    (7) A hazardous waste management unit that the owner or operator 
certifies is equipped with and operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63. For the 
purpose of complying with this paragraph, a tank for which the air 
emission control includes an enclosure, as opposed to a cover, must be 
in compliance with the enclosure and control device requirements of 
Sec. 265.1085(i), except as provided in Sec. 265.1083(c)(5).
    (8) A tank that has a process vent as defined in 40 CFR 264.1031.
    (c) For the owner and operator of a facility subject to this subpart 
who has received a final permit under RCRA section 3005 prior to 
December 6, 1996, the following requirements apply:
    (1) The requirements of 40 CFR part 264, subpart CC shall be 
incorporated into the permit when the permit is reissued in accordance 
with the requirements of 40 CFR 124.15 or reviewed in accordance with 
the requirements of 40 CFR 270.50(d).
    (2) Until the date when the permit is reissued in accordance with 
the requirements of 40 CFR 124.15 or reviewed in accordance with the 
requirements of 40 CFR 270.50(d), the owner and operator is subject to 
the requirements of this subpart.
    (d) The requirements of this subpart, except for the recordkeeping 
requirements specified in Sec. 265.1090(i) of this subpart, are 
administratively stayed for a tank or a container used for the 
management of hazardous waste generated by organic peroxide 
manufacturing and its associated laboratory operations when the owner or 
operator of the unit meets all of the following conditions:
    (1) The owner or operator identifies that the tank or container 
receives hazardous waste generated by an organic peroxide manufacturing 
process producing more than one functional family of organic peroxides 
or multiple organic peroxides within one functional family, that one or 
more of these organic peroxides could potentially undergo self-
accelerating thermal decomposition at or below ambient temperatures, and 
that organic peroxides are the predominant products manufactured by the 
process. For the purpose of meeting the conditions of this paragraph, 
``organic peroxide'' means an organic compound that contains the 
bivalent -O-O- structure and which may be considered to be a structural 
derivative of hydrogen peroxide where one or both of the hydrogen atoms 
has been replaced by an organic radical.
    (2) The owner or operator prepares documentation, in accordance with 
the requirements of Sec. 265.1090(i) of this subpart, explaining why an 
undue safety hazard would be created if air emission controls specified 
in Sec. Sec. 265.1085 through 265.1088 of this subpart are installed 
and operated on the tanks and containers used at the facility to manage 
the hazardous waste generated by the organic peroxide manufacturing 
process or processes meeting the conditions of paragraph (d)(1) of this 
section.
    (3) The owner or operator notifies the Regional Administrator in 
writing that hazardous waste generated by an organic peroxide 
manufacturing process or processes meeting the conditions of paragraph 
(d)(1) of this section are managed at the facility in tanks or 
containers meeting the conditions of paragraph (d)(2) of this section. 
The notification shall state the name and address of the facility, and 
be signed and dated by an authorized representative of the facility 
owner or operator.
    (e)(1) Except as provided in paragraph (e)(2) of this section, the 
requirements of this subpart do not apply to the pharmaceutical 
manufacturing facility, commonly referred to as the Stonewall Plant, 
located at Route 340 South, Elkton, Virginia, provided that facility is 
operated in compliance with the requirements contained in a Clean Air 
Act permit issued pursuant to 40 CFR 52.2454. The requirements of this 
subpart shall apply to the facility upon termination of the Clean Air 
Act permit issued pursuant to 40 CFR 52.2454.
    (2) Notwithstanding paragraph (e)(1) of this section, any hazardous 
waste surface impoundment operated at the Stonewall Plant is subject to 
the

[[Page 723]]

standards in Sec. 265.1086 and all requirements related to hazardous 
waste surface impoundments that are referenced in or by Sec. 265.1086, 
including the closed-vent system and control device requirements of 
Sec. 265.1088 and the recordkeeping requirements of Sec. 265.1090(c).
    (f) This section applies only to the facility commonly referred to 
as the OSi Specialties Plant, located on State Route 2, Sistersville, 
West Virginia (``Sistersville Plant'').
    (1)(i) Provided that the Sistersville Plant is in compliance with 
the requirements of paragraph (f)(2) of this section, the requirements 
referenced in paragraph (f)(1)(iii) of this section are temporarily 
deferred, as specified in paragraph (f)(3) of this section, with respect 
to the two hazardous waste surface impoundments at the Sistersville 
Plant. Beginning on the date that paragraph (f)(1)(ii) of this section 
is first implemented, the temporary deferral of this paragraph shall no 
longer be effective.
    (ii)(A) In the event that a notice of revocation is issued pursuant 
to paragraph (f)(3)(iv) of this section, the requirements referenced in 
paragraph (f)(1)(iii) of this section are temporarily deferred, with 
respect to the two hazardous waste surface impoundments, provided that 
the Sistersville Plant is in compliance with the requirements of 
paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) 
and (g) of this section, except as provided under paragraph 
(f)(1)(ii)(B) of this section. The temporary deferral of the previous 
sentence shall be effective beginning on the date the Sistersville Plant 
receives written notification of revocation, and continuing for a 
maximum period of 18 months from that date, provided that the 
Sistersville Plant is in compliance with the requirements of paragraphs 
(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of 
this section at all times during that 18-month period. In no event shall 
the temporary deferral continue to be effective after the MON Compliance 
Date.
    (B) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section as a result of the 
permanent removal of the capper unit from methyl capped polyether 
production service, the requirements referenced in paragraph (f)(1)(iii) 
of this section are temporarily deferred, with respect to the two 
hazardous waste surface impoundments, provided that the Sistersville 
Plant is in compliance with the requirements of paragraphs (f)(2)(vi), 
and (g) of this section. The temporary deferral of the previous sentence 
shall be effective beginning on the date the Sistersville Plant receives 
written notification of revocation, and continuing for a maximum period 
of 18 months from that date, provided that the Sistersville Plant is in 
compliance with the requirements of paragraphs (f)(2)(vi) and (g) of 
this section at all times during that 18-month period. In no event shall 
the temporary deferral continue to be effective after the MON Compliance 
Date.
    (iii) The standards in Sec. 265.1086 of this part, and all 
requirements referenced in or by Sec. 265.1086 that otherwise would 
apply to the two hazardous waste surface impoundments, including the 
closed-vent system and control device requirements of Sec. 265.1088 of 
this part.
    (2) Notwithstanding the effective period and revocation provisions 
in paragraph (f)(3) of this section, the temporary deferral provided in 
paragraph (f)(1)(i) of this section is effective only if the 
Sistersville Plant meets the requirements of paragraph (f)(2) of this 
section.
    (i) The Sistersville Plant shall install an air pollution control 
device on the polyether methyl capper unit (``capper unit''), implement 
a methanol recovery operation, and implement a waste minimization/
pollution prevention (``WMPP'') project. The installation and 
implementation of these requirements shall be conducted according to the 
schedule described in paragraphs (f)(2)(i) and (f)(2)(vi) of this 
section.
    (A) The Sistersville Plant shall complete the initial start-up of a 
thermal incinerator on the capper unit's process vents from the first 
stage vacuum pump, from the flash pot and surge tank, and from the water 
stripper, no later than April 1, 1998.
    (B) The Sistersville Plant shall provide to the EPA and the West 
Virginia Department of Environmental Protection, written notification of 
the actual

[[Page 724]]

date of initial start-up of the thermal incinerator, and commencement of 
the methanol recovery operation. The Sistersville Plant shall submit 
this written notification as soon as practicable, but in no event later 
than 15 days after such events.
    (ii) The Sistersville Plant shall install and operate the capper 
unit process vent thermal incinerator according to the requirements of 
paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this section.
    (A) Capper unit process vent thermal incinerator.
    (1) Except as provided under paragraph (f)(2)(ii)(D) of this 
section, the Sistersville Plant shall operate the process vent thermal 
incinerator such that the incinerator reduces the total organic 
compounds (``TOC'') from the process vent streams identified in 
paragraph (f)(2)(i)(A) of this section, by 98 weight-percent, or to a 
concentration of 20 parts per million by volume, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent.
    (i) Prior to conducting the initial performance test required under 
paragraph (f)(2)(ii)(B) of this section, the Sistersville Plant shall 
operate the thermal incinerator at or above a minimum temperature of 
1600 Fahrenheit.
    (ii) After the initial performance test required under paragraph 
(f)(2)(ii)(B) of this section, the Sistersville Plant shall operate the 
thermal incinerator at or above the minimum temperature established 
during that initial performance test.
    (iii) The Sistersville Plant shall operate the process vent thermal 
incinerator at all times that the capper unit is being operated to 
manufacture product.
    (2) The Sistersville Plant shall install, calibrate, and maintain 
all air pollution control and monitoring equipment described in 
paragraphs (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this section, according 
to the manufacturer's specifications, or other written procedures that 
provide adequate assurance that the equipment can reasonably be expected 
to control and monitor accurately, and in a manner consistent with good 
engineering practices during all periods when emissions are routed to 
the unit.
    (B) The Sistersville Plant shall comply with the requirements of 
paragraphs (f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(3) of this section for 
performance testing and monitoring of the capper unit process vent 
thermal incinerator.
    (1) Within 120 days after thermal incinerator initial start-up, the 
Sistersville Plant shall conduct a performance test to determine the 
minimum temperature at which compliance with the emission reduction 
requirement specified in paragraph (f)(4) of this section is achieved. 
This determination shall be made by measuring TOC minus methane and 
ethane, according to the procedures specified in paragraph (f)(2)(ii)(B) 
of this section.
    (2) The Sistersville Plant shall conduct the initial performance 
test in accordance with the standards set forth in paragraph (f)(4) of 
this section.
    (3) Upon initial start-up, the Sistersville Plant shall install, 
calibrate, maintain and operate, according to manufacturer's 
specifications and in a manner consistent with good engineering 
practices, the monitoring equipment described in paragraphs 
(f)(2)(ii)(B)(3)(i) through (f)(2)(ii)(B)(3)(iii) of this section.
    (i) A temperature monitoring device equipped with a continuous 
recorder. The temperature monitoring device shall be installed in the 
firebox or in the duct work immediately downstream of the firebox in a 
position before any substantial heat exchange is encountered.
    (ii) A flow indicator that provides a record of vent stream flow to 
the incinerator at least once every fifteen minutes. The flow indicator 
shall be installed in the vent stream from the process vent at a point 
closest to the inlet of the incinerator.
    (iii) If the closed-vent system includes bypass devices that could 
be used to divert the gas or vapor stream to the atmosphere before 
entering the control device, each bypass device shall be equipped with 
either a bypass flow indicator or a seal or locking device as specified 
in this paragraph. For the purpose of complying with this paragraph, low 
leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, spring-loaded pressure

[[Page 725]]

relief valves, and other fittings used for safety purposes are not 
considered to be bypass devices. If a bypass flow indicator is used to 
comply with this paragraph, the bypass flow indicator shall be installed 
at the inlet to the bypass line used to divert gases and vapors from the 
closed-vent system to the atmosphere at a point upstream of the control 
device inlet. If a seal or locking device (e.g. car-seal or lock-and-key 
configuration) is used to comply with this paragraph, the device shall 
be placed on the mechanism by which the bypass device position is 
controlled (e.g., valve handle, damper levels) when the bypass device is 
in the closed position such that the bypass device cannot be opened 
without breaking the seal or removing the lock. The Sistersville Plant 
shall visually inspect the seal or locking device at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
    (C) The Sistersville Plant shall keep on-site an up-to-date, readily 
accessible record of the information described in paragraphs 
(f)(2)(ii)(C)(1) through (f)(2)(ii)(C)(4) of this section.
    (1) Data measured during the initial performance test regarding the 
firebox temperature of the incinerator and the percent reduction of TOC 
achieved by the incinerator, and/or such other information required in 
addition to or in lieu of that information by the WVDEP in its approval 
of equivalent test methods and procedures.
    (2) Continuous records of the equipment operating procedures 
specified to be monitored under paragraph (f)(2)(ii)(B)(3) of this 
section, as well as records of periods of operation during which the 
firebox temperature falls below the minimum temperature established 
under paragraph (f)(2)(ii)(A)(1) of this section.
    (3) Records of all periods during which the vent stream has no flow 
rate to the extent that the capper unit is being operated during such 
period.
    (4) Records of all periods during which there is flow through a 
bypass device.
    (D) The Sistersville Plant shall comply with the start-up, shutdown, 
maintenance and malfunction requirements contained in paragraphs 
(f)(2)(ii)(D)(1) through (f)(2)(ii)(D)(6) of this section, with respect 
to the capper unit process vent incinerator.
    (1) The Sistersville Plant shall develop and implement a Start-up, 
Shutdown and Malfunction Plan as required by the provisions set forth in 
paragraph (f)(2)(ii)(D) of this section. The plan shall describe, in 
detail, procedures for operating and maintaining the thermal incinerator 
during periods of start-up, shutdown and malfunction, and a program of 
corrective action for malfunctions of the thermal incinerator.
    (2) The plan shall include a detailed description of the actions the 
Sistersville Plant will take to perform the functions described in 
paragraphs (f)(2)(ii)(D)(2)(i) through (f)(2)(ii)(D)(2)(iii) of this 
section.
    (i) Ensure that the thermal incinerator is operated in a manner 
consistent with good air pollution control practices.
    (ii) Ensure that the Sistersville Plant is prepared to correct 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions.
    (iii) Reduce the reporting requirements associated with periods of 
start-up, shutdown and malfunction.
    (3) During periods of start-up, shutdown and malfunction, the 
Sistersville Plant shall maintain the process unit and the associated 
thermal incinerator in accordance with the procedures set forth in the 
plan.
    (4) The plan shall contain record keeping requirements relating to 
periods of start-up, shutdown or malfunction, actions taken during such 
periods in conformance with the plan, and any failures to act in 
conformance with the plan during such periods.
    (5) During periods of maintenance or malfunction of the thermal 
incinerator, the Sistersville Plant may continue to operate the capper 
unit, provided that operation of the capper unit without the thermal 
incinerator shall be limited to no more than 240 hours each calendar 
year.
    (6) For the purposes of paragraph (f)(2)(iii)(D) of this section, 
the Sistersville Plant may use its operating procedures manual, or a 
plan developed for other reasons, provided

[[Page 726]]

that plan meets the requirements of paragraph (f)(2)(iii)(D) of this 
section for the start-up, shutdown and malfunction plan.
    (iii) The Sistersville Plant shall operate the closed-vent system in 
accordance with the requirements of paragraphs (f)(2)(iii)(A) through 
(f)(2)(iii)(D) of this section.
    (A) Closed-vent system.
    (1) At all times when the process vent thermal incinerator is 
operating, the Sistersville Plant shall route the vent streams 
identified in paragraph (f)(2)(i) of this section from the capper unit 
to the thermal incinerator through a closed-vent system.
    (2) The closed-vent system will be designed for and operated with no 
detectable emissions, as defined in paragraph (f)(6) of this section.
    (B) The Sistersville Plant will comply with the performance 
standards set forth in paragraph (f)(2)(iii)(A)(1) of this section on 
and after the date on which the initial performance test referenced in 
paragraph (f)(2)(ii)(B) of this section is completed, but no later than 
sixty (60) days after the initial start-up date.
    (C) The Sistersville Plant shall comply with the monitoring 
requirements of paragraphs (f)(2)(iii)(C)(1) through (f)(2)(iii)(C)(3) 
of this section, with respect to the closed-vent system.
    (1) At the time of the performance test described in paragraph 
(f)(2)(ii)(B) of this section, the Sistersville Plant shall inspect the 
closed-vent system as specified in paragraph (f)(5) of this section.
    (2) At the time of the performance test described in paragraph 
(f)(2)(ii)(B) of this section, and annually thereafter, the Sistersville 
Plant shall inspect the closed-vent system for visible, audible, or 
olfactory indications of leaks.
    (3) If at any time a defect or leak is detected in the closed-vent 
system, the Sistersville Plant shall repair the defect or leak in 
accordance with the requirements of paragraphs (f)(2)(iii)(C)(3)(i) and 
(f)(2)(iii)(C)(3)(ii) of this section.
    (i) The Sistersville Plant shall make first efforts at repair of the 
defect no later than five (5) calendar days after detection, and repair 
shall be completed as soon as possible but no later than forty-five (45) 
calendar days after detection.
    (ii) The Sistersville Plant shall maintain a record of the defect 
repair in accordance with the requirements specified in paragraph 
(f)(2)(iii)(D) of this section.
    (D) The Sistersville Plant shall keep on-site up-to-date, readily 
accessible records of the inspections and repairs required to be 
performed by paragraph (f)(2)(iii) of this section.
    (iv) The Sistersville Plant shall operate the methanol recovery 
operation in accordance with paragraphs (f)(2)(iv)(A) through 
(f)(2)(iv)(C) of this section.
    (A) The Sistersville Plant shall operate the condenser associated 
with the methanol recovery operation at all times during which the 
capper unit is being operated to manufacture product.
    (B) The Sistersville Plant shall comply with the monitoring 
requirements described in paragraphs (f)(2)(B)(1) through (f)(2)(B)(3) 
of this section, with respect to the methanol recovery operation.
    (1) The Sistersville Plant shall perform measurements necessary to 
determine the information described in paragraphs (f)(2)(iv)(B)(1)(i) 
and (f)(2)(iv)(B)(1)(ii) of this section to demonstrate the percentage 
recovery by weight of the methanol contained in the influent gas stream 
to the condenser.
    (i) Information as is necessary to calculate the annual amount of 
methanol generated by operating the capper unit.
    (ii) The annual amount of methanol recovered by the condenser 
associated with the methanol recovery operation.
    (2) The Sistersville Plant shall install, calibrate, maintain and 
operate according to manufacturer specifications, a temperature 
monitoring device with a continuous recorder for the condenser 
associated with the methanol recovery operation, as an indicator that 
the condenser is operating.
    (3) The Sistersville Plant shall record the dates and times during 
which the capper unit and the condenser are operating.
    (C) The Sistersville Plant shall keep on-site up-to-date, readily-
accessible

[[Page 727]]

records of the parameters specified to be monitored under paragraph 
(f)(2)(iv)(B) of this section.
    (v) The Sistersville Plant shall comply with the requirements of 
paragraphs (f)(2)(v)(A) through (f)(2)(v)(C) of this section for the 
disposition of methanol collected by the methanol recovery operation.
    (A) On an annual basis, the Sistersville Plant shall ensure that a 
minimum of 95% by weight of the methanol collected by the methanol 
recovery operation (also referred to as the ``collected methanol'') is 
utilized for reuse, recovery, or thermal recovery/treatment. The 
Sistersville Plant may use the methanol on-site, or may transfer or sell 
the methanol for reuse, recovery, or thermal recovery/treatment at other 
facilities.
    (1) Reuse. To the extent reuse of all of the collected methanol 
destined for reuse, recovery, or thermal recovery is not economically 
feasible, the Sistersville Plant shall ensure the residual portion is 
sent for recovery, as defined in paragraph (f)(6) of this section, 
except as provided in paragraph (f)(2)(v)(A)(2) of this section.
    (2) Recovery. To the extent that reuse or recovery of all the 
collected methanol destined for reuse, recovery, or thermal recovery is 
not economically feasible, the Sistersville Plant shall ensure that the 
residual portion is sent for thermal recovery/treatment, as defined in 
paragraph (f)(6) of this section.
    (3) The Sistersville Plant shall ensure that, on an annual basis, no 
more than 5% of the methanol collected by the methanol recovery 
operation is subject to bio-treatment.
    (4) In the event the Sistersville Plant receives written 
notification of revocation pursuant to paragraph (f)(3)(iv) of this 
section, the percent limitations set forth under paragraph (f)(2)(v)(A) 
of this section shall no longer be applicable, beginning on the date of 
receipt of written notification of revocation.
    (B) The Sistersville Plant shall perform such measurements as are 
necessary to determine the pounds of collected methanol directed to 
reuse, recovery, thermal recovery/treatment and bio-treatment, 
respectively, on a monthly basis.
    (C) The Sistersville Plant shall keep on-site up-to-date, readily 
accessible records of the amounts of collected methanol directed to 
reuse, recovery, thermal recovery/treatment and bio-treatment necessary 
for the measurements required under paragraph (f)(2)(iv)(B) of this 
section.
    (vi) The Sistersville Plant shall perform a WMPP project in 
accordance with the requirements and schedules set forth in paragraphs 
(f)(2)(vi)(A) through (f)(2)(vi)(C) of this section.
    (A) In performing the WMPP Project, the Sistersville Plant shall use 
a Study Team and an Advisory Committee as described in paragraphs 
(f)(2)(vi)(A)(1) through (f)(2)(vi)(A)(6) of this section.
    (1) At a minimum, the multi-functional Study Team shall consist of 
Sistersville Plant personnel from appropriate plant departments 
(including both management and employees) and an independent contractor. 
The Sistersville Plant shall select a contractor that has experience and 
training in WMPP in the chemical manufacturing industry.
    (2) The Sistersville Plant shall direct the Study Team such that the 
team performs the functions described in paragraphs (f)(2)(vi)(A)(2)(i) 
through (f)(2)(vi)(A)(2)(v) of this section.
    (i) Review Sistersville Plant operations and waste streams.
    (ii) Review prior WMPP efforts at the Sistersville Plant.
    (iii) Develop criteria for the selection of waste streams to be 
evaluated for the WMPP Project.
    (iv) Identify and prioritize the waste streams to be evaluated 
during the study phase of the WMPP Project, based on the criteria 
described in paragraph (f)(2)(vi)(A)(2)(iii) of this section.
    (v) Perform the WMPP Study as required by paragraphs 
(f)(2)(vi)(A)(3) through (f)(2)(vi)(A)(5), paragraph (f)(2)(vi)(B), and 
paragraph (f)(2)(vi)(C) of this section.
    (3)(i) The Sistersville Plant shall establish an Advisory Committee 
consisting of a representative from EPA, a representative from WVDEP, 
the Sistersville Plant Manager, the Sistersville Plant Director of 
Safety, Health and Environmental Affairs, and a stakeholder 
representative(s).

[[Page 728]]

    (ii) The Sistersville Plant shall select the stakeholder 
representative(s) by mutual agreement of EPA, WVDEP and the Sistersville 
Plant no later than 20 days after receiving from EPA and WVDEP the names 
of their respective committee members.
    (4) The Sistersville Plant shall convene a meeting of the Advisory 
Committee no later than thirty days after selection of the stakeholder 
representatives, and shall convene meetings periodically thereafter as 
necessary for the Advisory Committee to perform its assigned functions. 
The Sistersville Plant shall direct the Advisory Committee to perform 
the functions described in paragraphs (f)(2)(vi)(A)(4)(i) through 
(f)(2)(vi)(A)(4)(iii) of this section.
    (i) Review and comment upon the Study Team's criteria for selection 
of waste streams, and the Study Team's identification and prioritization 
of the waste streams to be evaluated during the WMPP Project.
    (ii) Review and comment upon the Study Team progress reports and the 
draft WMPP Study Report.
    (iii) Periodically review the effectiveness of WMPP opportunities 
implemented as part of the WMPP Project, and, where appropriate, WMPP 
opportunities previously determined to be infeasible by the Sistersville 
Plant but which had potential for feasibility in the future.
    (5) Beginning on January 15, 1998, and every ninety (90) days 
thereafter until submission of the final WMPP Study Report required by 
paragraph (f)(2)(vi)(C) of this section, the Sistersville Plant shall 
direct the Study Team to submit a progress report to the Advisory 
Committee detailing its efforts during the prior ninety (90) day period.
    (B) The Sistersville Plant shall ensure that the WMPP Study and the 
WMPP Study Report meet the requirements of paragraphs (f)(2)(vi)(B)(1) 
through (f)(2)(vi)(B)(3) of this section.
    (1) The WMPP Study shall consist of a technical, economic, and 
regulatory assessment of opportunities for source reduction and for 
environmentally sound recycling for waste streams identified by the 
Study Team.
    (2) The WMPP Study shall evaluate the source, nature, and volume of 
the waste streams; describe all the WMPP opportunities identified by the 
Study Team; provide a feasibility screening to evaluate the technical 
and economical feasibility of each of the WMPP opportunities; identify 
any cross-media impacts or any anticipated transfers of risk associated 
with each feasible WMPP opportunity; and identify the projected economic 
savings and projected quantitative waste reduction estimates for each 
WMPP opportunity identified.
    (3) No later than October 19, 1998, the Sistersville Plant shall 
prepare and submit to the members of the Advisory Committee a draft WMPP 
Study Report which, at a minimum, includes the results of the WMPP 
Study, identifies WMPP opportunities the Sistersville Plant determines 
to be feasible, discusses the basis for excluding other opportunities as 
not feasible, and makes recommendations as to whether the WMPP Study 
should be continued. The members of the Advisory Committee shall provide 
any comments to the Sistersville Plant within thirty (30) days of 
receiving the WMPP Study Report.
    (C) Within thirty (30) days after receipt of comments from the 
members of the Advisory Committee, the Sistersville Plant shall submit 
to EPA and WVDEP a final WMPP Study Report which identifies those WMPP 
opportunities the Sistersville Plant determines to be feasible and 
includes an implementation schedule for each such WMPP opportunity. The 
Sistersville Plant shall make reasonable efforts to implement all 
feasible WMPP opportunities in accordance with the priorities identified 
in the implementation schedule.
    (1) For purposes of this section, a WMPP opportunity is feasible if 
the Sistersville Plant considers it to be technically feasible (taking 
into account engineering and regulatory factors, product line 
specifications and customer needs) and economically practical (taking 
into account the full environmental costs and benefits associated with 
the WMPP opportunity and the company's internal requirements for 
approval of capital projects). For

[[Page 729]]

purposes of the WMPP Project, the Sistersville Plant shall use ``An 
Introduction to Environmental Accounting as a Business Management 
Tool,'' (EPA 742/R-95/001) as one tool to identify the full 
environmental costs and benefits of each WMPP opportunity.
    (2) In implementing each WMPP opportunity, the Sistersville Plant 
shall, after consulting with the other members of the Advisory 
Committee, develop appropriate protocols and methods for determining the 
information required by paragraphs (f)(2)(vi)(2)(i) through 
(f)(2)(vi)(2)(iii) of this section.
    (i) The overall volume of wastes reduced.
    (ii) The quantities of each constituent identified in paragraph 
(f)(8) of this section reduced in the wastes.
    (iii) The economic benefits achieved.
    (3) No requirements of paragraph (f)(2)(vi) of this section are 
intended to prevent or restrict the Sistersville Plant from evaluating 
and implementing any WMPP opportunities at the Sistersville Plant in the 
normal course of its operations or from implementing, prior to the 
completion of the WMPP Study, any WMPP opportunities identified by the 
Study Team.
    (vii) The Sistersville Plant shall maintain on-site each record 
required by paragraph (f)(2) of this section, through the MON Compliance 
Date.
    (viii) The Sistersville Plant shall comply with the reporting 
requirements of paragraphs (f)(2)(viii)(A) through (f)(2)(viii)(G) of 
this section.
    (A) At least sixty days prior to conducting the initial performance 
test of the thermal incinerator, the Sistersville Plant shall submit to 
EPA and WVDEP copies of a notification of performance test, as described 
in 40 CFR 63.7(b). Following the initial performance test of the thermal 
incinerator, the Sistersville Plant shall submit to EPA and WVDEP copies 
of the performance test results that include the information relevant to 
initial performance tests of thermal incinerators contained in 40 CFR 
63.7(g)(1), 40 CFR 63.117(a)(4)(i), and 40 CFR 63.117(a)(4)(ii).
    (B) Beginning in 1999, on January 31 of each year, the Sistersville 
Plant shall submit a semiannual written report to the EPA and WVDEP, 
with respect to the preceding six month period ending on December 31, 
which contains the information described in paragraphs 
(f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(10) of this section.
    (1) Instances of operating below the minimum operating temperature 
established for the thermal incinerator under paragraph (f)(2)(ii)(A)(1) 
of this section which were not corrected within 24 hours of onset.
    (2) Any periods during which the capper unit was being operated to 
manufacture product while the flow indicator for the vent streams to the 
thermal incinerator showed no flow.
    (3) Any periods during which the capper unit was being operated to 
manufacture product while the flow indicator for any bypass device on 
the closed vent system to the thermal incinerator showed flow.
    (4) Information required to be reported during that six month period 
under the preconstruction permit issued under the state permitting 
program approved under subpart XX of 40 CFR Part 52--Approval and 
Promulgation of Implementation Plans for West Virginia.
    (5) Any periods during which the capper unit was being operated to 
manufacture product while the condenser associated with the methanol 
recovery operation was not in operation.
    (6) The amount (in pounds and by month) of methanol collected by the 
methanol recovery operation during the six month period.
    (7) The amount (in pounds and by month) of collected methanol 
utilized for reuse, recovery, thermal recovery/treatment, or bio-
treatment, respectively, during the six month period.
    (8) The calculated amount (in pounds and by month) of methanol 
generated by operating the capper unit.
    (9) The status of the WMPP Project, including the status of 
developing the WMPP Study Report.
    (10) Beginning in the year after the Sistersville Plant submits the 
final WMPP Study Report required by paragraph (f)(2)(vi)(C) of this 
section, and continuing in each subsequent Semiannual Report required by 
paragraph (f)(2)(viii)(B) of this section, the Sistersville Plant shall 
report on the

[[Page 730]]

progress of the implementation of feasible WMPP opportunities identified 
in the WMPP Study Report. The Semiannual Report required by paragraph 
(f)(2)(viii)(B) of this section shall identify any cross-media impacts 
or impacts to worker safety or community health issues that have 
occurred as a result of implementation of the feasible WMPP 
opportunities.
    (C) Beginning in 1999, on July 31 of each year, the Sistersville 
Plant shall provide an Annual Project Report to the EPA and WVDEP 
Project XL contacts containing the information required by paragraphs 
(f)(2)(viii)(C)(1) through (f)(2)(viii)(C)(8) of this section.
    (1) The categories of information required to be submitted under 
paragraphs (f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(8) of this 
section, for the preceding 12 month period ending on June 30.
    (2) An updated Emissions Analysis for January through December of 
the preceding calendar year. The Sistersville Plant shall submit the 
updated Emissions Analysis in a form substantially equivalent to the 
previous Emissions Analysis prepared by the Sistersville Plant to 
support Project XL. The Emissions Analysis shall include a comparison of 
the volatile organic emissions associated with the capper unit process 
vents and the wastewater treatment system (using the EPA Water 8 model 
or other model agreed to by the Sistersville Plant, EPA and WVDEP) under 
Project XL with the expected emissions from those sources absent Project 
XL during that period.
    (3) A discussion of the Sistersville Plant's performance in meeting 
the requirements of this section, specifically identifying any areas in 
which the Sistersville Plant either exceeded or failed to achieve any 
such standard.
    (4) A description of any unanticipated problems in implementing the 
XL Project and any steps taken to resolve them.
    (5) A WMPP Implementation Report that contains the information 
contained in paragraphs paragraphs (f)(2)(viii)(C)(5)(i) through 
(viii)(C)(5)(vi) of this section.
    (i) A summary of the WMPP opportunities selected for implementation.
    (ii) A description of the WMPP opportunities initiated and/or 
completed.
    (iii) Reductions in volume of waste generated and amounts of each 
constituent reduced in wastes including any constituents identified in 
paragraph (f)(8) of this section.
    (iv) An economic benefits analysis.
    (v) A summary of the results of the Advisory Committee's review of 
implemented WMPP opportunities.
    (vi) A reevaluation of WMPP opportunities previously determined to 
be infeasible by the Sistersville Plant but which had potential for 
future feasibility.
    (6) An assessment of the nature of, and the successes or problems 
associated with, the Sistersville Plant's interaction with the federal 
and state agencies under the Project.
    (7) An update on stakeholder involvement efforts.
    (8) An evaluation of the Project as implemented against the Project 
XL Criteria and the baseline scenario.
    (D) The Sistersville Plant shall submit to the EPA and WVDEP Project 
XL contacts a written Final Project Report covering the period during 
which the temporary deferral was effective, as described in paragraph 
(f)(3) of this section.
    (1) The Final Project Report shall contain the information required 
to be submitted for the Semiannual Report required under paragraph 
(f)(2)(viii)(B) of this section, and the Annual Project Report required 
under paragraph (f)(2)(viii)(C) of this section.
    (2) The Sistersville Plant shall submit the Final Project Report to 
EPA and WVDEP no later than 180 days after the temporary deferral of 
paragraph (f)(1) of this section is revoked, or 180 days after the MON 
Compliance Date, whichever occurs first.
    (E)(1) The Sistersville Plant shall retain on-site a complete copy 
of each of the report documents to be submitted to EPA and WVDEP in 
accordance with requirements under paragraph (f)(2) of this section. The 
Sistersville Plant shall retain this record until 180 days after the MON 
Compliance Date. The Sistersville Plant shall provide to stakeholders 
and interested parties a written notice of availability (to be mailed to 
all persons on the Project

[[Page 731]]

mailing list and to be provided to at least one local newspaper of 
general circulation) of each such document, and provide a copy of each 
document to any such person upon request, subject to the provisions of 
40 CFR part 2.
    (2) Any reports or other information submitted to EPA or WVDEP may 
be released to the public pursuant to the Federal Freedom of Information 
Act (42 U.S.C. 552 et seq.), subject to the provisions of 40 CFR part 2.
    (F) The Sistersville Plant shall make all supporting monitoring 
results and records required under paragraph (f)(2) of this section 
available to EPA and WVDEP within a reasonable amount of time after 
receipt of a written request from those Agencies, subject to the 
provisions of 40 CFR Part 2.
    (G) Each report submitted by the Sistersville Plant under the 
requirements of paragraph (f)(2) of this section shall be certified by a 
Responsible Corporate Officer, as defined in 40 CFR 270.11(a)(1).
    (H) For each report submitted in accordance with paragraph (f)(2) of 
this section, the Sistersville Plant shall send one copy each to the 
addresses in paragraphs (f)(2)(viii) (H)(1) through (H)(3) of this 
section.
    (1) U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2029, Attention Tad Radzinski, Mail Code 3WC11.
    (2) U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Attention L. Nancy Birnbaum, Mail Code 1812.
    (3) West Virginia Division of Environmental Protection, Office of 
Air Quality, 1558 Washington Street East, Charleston, WV 25311-2599, 
Attention John H. Johnston.
    (3) Effective period and revocation of temporary deferral.
    (i) The temporary deferral contained in this section is effective 
from April 1, 1998, and shall remain effective until the MON Compliance 
Date. The temporary deferral contained in this section may be revoked 
prior to the MON Compliance Date, as described in paragraph (f)(3)(iv) 
of this section.
    (ii) On the MON Compliance Date, the temporary deferral contained in 
this section will no longer be effective.
    (iii) The Sistersville Plant shall come into compliance with those 
requirements deferred by this section no later than the MON Compliance 
Date. No later than 18 months prior to the MON Compliance Date, the 
Sistersville Plant shall submit to EPA an implementation schedule that 
meets the requirements of paragraph (g)(1)(iii) of this section.
    (iv) The temporary deferral contained in this section may be revoked 
for cause, as determined by EPA, prior to the MON Compliance Date. The 
Sistersville Plant may request EPA to revoke the temporary deferral 
contained in this section at any time. The revocation shall be effective 
on the date that the Sistersville Plant receives written notification of 
revocation from EPA.
    (v) Nothing in this section shall affect the provisions of the MON, 
as applicable to the Sistersville Plant.
    (vi) Nothing in paragrahs (f) or (g) of this section shall affect 
any regulatory requirements not referenced in paragraph (f)(1)(iii) of 
this section, as applicable to the Sistersville Plant.
    (4) The Sistersville Plant shall conduct the initial performance 
test required by paragraph (f)(2)(ii)(B) of this section using the 
procedures in paragraph (f)(4) of this section. The organic 
concentration and percent reduction shall be measured as TOC minus 
methane and ethane, according to the procedures specified in paragraph 
(f)(4) of this section.
    (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, 
shall be used for selection of the sampling sites.
    (A) To determine compliance with the 98 percent reduction of TOC 
requirement of paragraph (f)(2)(ii)(A)(1) of this section, sampling 
sites shall be located at the inlet of the control device after the 
final product recovery device, and at the outlet of the control device.
    (B) To determine compliance with the 20 parts per million by volume 
TOC limit in paragraph (f)(2)(ii)(A)(1) of this section, the sampling 
site shall be located at the outlet of the control device.
    (ii) The gas volumetric flow rate shall be determined using Method 
2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.

[[Page 732]]

    (iii) To determine compliance with the 20 parts per million by 
volume TOC limit in paragraph (f)(2)(ii)(A)(1) of this section, the 
Sistersville Plant shall use Method 18 of 40 CFR part 60, appendix A to 
measure TOC minus methane and ethane. Alternatively, any other method or 
data that has been validated according to the applicable procedures in 
Method 301 of 40 CFR part 63, appendix A, may be used. The following 
procedures shall be used to calculate parts per million by volume 
concentration, corrected to 3 percent oxygen:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time, such as 15 minute intervals 
during the run.
    (B) The concentration of TOC minus methane and ethane 
(CTOC) shall be calculated as the sum of the concentrations 
of the individual components, and shall be computed for each run using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR15SE98.020

Where:

CTOC=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
Cji=Concentration of sample components j of sample i, dry 
basis, parts per million by volume.
n=Number of components in the sample.
x=Number of samples in the sample run.

    (C) The concentration of TOC shall be corrected to 3 percent oxygen 
if a combustion device is the control device.
    (1) The emission rate correction factor or excess air, integrated 
sampling and analysis procedures of Method 3B of 40 CFR part 60, 
appendix A shall be used to determine the oxygen concentration 
(%O2d). The samples shall be taken during the same time that 
the TOC (minus methane or ethane) samples are taken.
    (2) The concentration corrected to 3 percent oxygen (Cc) 
shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15SE98.021

Where:

Cc=Concentration of TOC corrected to 3 percent oxygen, dry 
basis, parts per million by volume.
Cm=Concentration of TOC (minus methane and ethane), dry 
basis, parts per million by volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.

    (iv) To determine compliance with the 98 percent reduction 
requirement of paragraph (f)(2)(ii)(A)(1) of this section, the 
Sistersville Plant shall use Method 18 of 40 CFR part 60, appendix A; 
alternatively, any other method or data that has been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A may be used. The following procedures shall be used to 
calculate percent reduction efficiency:
    (A) The minimum sampling time for each run shall be 1 hour in which 
either an integrated sample or a minimum of four grab samples shall be 
taken. If grab sampling is used, then the samples shall be taken at 
approximately equal intervals in time such as 15 minute intervals during 
the run.
    (B) The mass rate of TOC minus methane and ethane (Ei, 
Eo) shall be computed. All organic compounds (minus methane 
and ethane) measured by Method 18 of 40 CFR part 60, Appendix A are 
summed using the following equations:
[GRAPHIC] [TIFF OMITTED] TR15SE98.022

Where:

Cij, Coj=Concentration of sample component j of 
the gas stream at the inlet and outlet of the control device, 
respectively, dry basis, parts per million by volume.
Ei, Eo=Mass rate of TOC (minus methane and ethane) 
at the inlet and outlet of the control device, respectively, dry basis, 
kilogram per hour.
Mij, Moj=Molecular weight of sample component j of 
the gas stream at the inlet and

[[Page 733]]

outlet of the control device, respectively, gram/gram-mole.
Qi, Qo=Flow rate of gas stream at the inlet and 
outlet of the control device, respectively, dry standard cubic meter per 
minute.
K2=Constant, 2.494 x 10-6 (parts per 
million)-1 (gram-mole per standard cubic meter) (kilogram/
gram) (minute/hour), where standard temperature (gram-mole per standard 
cubic meter) is 20 [deg]C.

    (C) The percent reduction in TOC (minus methane and ethane) shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR15SE98.023

where:

R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) at the inlet 
to the control device as calculated under paragraph (f)(4)(iv)(B) of 
this section, kilograms TOC per hour.
Eo=Mass rate of TOC (minus methane and ethane) at the outlet 
of the control device, as calculated under paragraph (f)(4)(iv)(B) of 
this section, kilograms TOC per hour.

    (5) At the time of the initial performance test of the process vent 
thermal incinerator required under paragraph (f)(2)(ii)(B) of this 
section, the Sistersville Plant shall inspect each closed vent system 
according to the procedures specified in paragraphs (f)(5)(i) through 
(f)(5)(vi) of this section.
    (i) The initial inspections shall be conducted in accordance with 
Method 21 of 40 CFR part 60, appendix A.
    (ii)(A) Except as provided in paragraph (f)(5)(ii)(B) of this 
section, the detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 of 40 CFR part 60, 
appendix A shall be for the average composition of the process fluid not 
each individual volatile organic compound in the stream. For process 
streams that contain nitrogen, air, or other inerts which are not 
organic hazardous air pollutants or volatile organic compounds, the 
average stream response factor shall be calculated on an inert-free 
basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (f)(5)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (f)(5)(ii)(A) of this section.
    (iii) The detection instrument shall be calibrated before use on 
each day of its use by the procedures specified in Method 21 of 40 CFR 
part 60, appendix A.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(f)(5)(ii)(A) of this section. In such cases, the calibration gas may be 
a mixture of one or more of the compounds to be measured in air.
    (v) The Sistersville Plant may elect to adjust or not adjust 
instrument readings for background. If the Sistersville Plant elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If the Sistersville Plant elects to adjust 
instrument readings for background, the Sistersville Plant shall measure 
background concentration using the procedures in 40 CFR 63.180(b) and 
(c). The Sistersville Plant shall subtract background reading from the 
maximum concentration indicated by the instrument.
    (vi) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (6) Definitions of terms as used in paragraphs (f) and (g) of this 
section.
    (i) Closed vent system is defined as a system that is not open to 
the atmosphere and that is composed of piping, connections and, if 
necessary, flow-inducing devices that transport gas or vapor from the 
capper unit process vent to the thermal incinerator.

[[Page 734]]

    (ii) No detectable emissions means an instrument reading of less 
than 500 parts per million by volume above background as determined by 
Method 21 in 40 CFR part 60.
    (iii) Reuse includes the substitution of collected methanol (without 
reclamation subsequent to its collection) for virgin methanol as an 
ingredient (including uses as an intermediate) or as an effective 
substitute for a commercial product.
    (iv) Recovery includes the substitution of collected methanol for 
virgin methanol as an ingredient (including uses as an intermediate) or 
as an effective substitute for a commercial product following 
reclamation of the methanol subsequent to its collection.
    (v) Thermal recovery/treatment includes the use of collected 
methanol in fuels blending or as a feed to any combustion device to the 
extent permitted by federal and state law.
    (vi) Bio-treatment includes the treatment of the collected methanol 
through introduction into a biological treatment system, including the 
treatment of the collected methanol as a waste stream in an on-site or 
off-site wastewater treatment system. Introduction of the collected 
methanol to the on-site wastewater treatment system will be limited to 
points downstream of the surface impoundments, and will be consistent 
with the requirements of federal and state law.
    (vii) Start-up shall have the meaning set forth at 40 CFR 63.2.
    (viii) Flow indicator means a device which indicates whether gas 
flow is present in the vent stream, and, if required by the permit for 
the thermal incinerator, which measures the gas flow in that stream.
    (ix) Continuous Recorder means a data recording device that records 
an instantaneous data value at least once every fifteen minutes.
    (x) MON means the National Emission Standards for Hazardous Air 
Pollutants for the source category Miscellaneous Organic Chemical 
Production and Processes (``MON''), promulgated under the authority of 
Section 112 of the Clean Air Act.
    (xi) MON Compliance Date means the date 3 years after the effective 
date of the National Emission Standards for Hazardous Air Pollutants for 
the source category Miscellaneous Organic Chemical Production and 
Processes (``MON'').
    (7) OSi Specialties, Incorporated, a subsidiary of Witco Corporation 
(``OSi''), may seek to transfer its rights and obligations under this 
section to a future owner of the Sistersville Plant in accordance with 
the requirements of paragraphs (f)(7)(i) through (f)(7)(iii) of this 
section.
    (i) OSi will provide to EPA a written notice of any proposed 
transfer at least forty-five days prior to the effective date of any 
such transfer. The written notice will identify the proposed transferee.
    (ii) The proposed transferee will provide to EPA a written request 
to assume the rights and obligations under this section at least forty-
five days prior to the effective date of any such transfer. The written 
request will describe the transferee's financial and technical 
capability to assume the obligations under this section, and will 
include a statement of the transferee's intention to fully comply with 
the terms of this section and to sign the Final Project Agreement for 
this XL Project as an additional party.
    (iii) Within thirty days of receipt of both the written notice and 
written request described in paragraphs (f)(7)(i) and (f)(7)(ii) of this 
section, EPA will determine, based on all relevant information, whether 
to approve a transfer of rights and obligations under this section from 
OSi to a different owner.
    (8) The constituents to be identified by the Sistersville Plant 
pursuant to paragraphs (f)(2)(vi)(C)(2)(ii) and (f)(2)(viii)(C)(5)(iii) 
of this section are: 1 Naphthalenamine; 1, 2, 4 Trichlorobenzene; 1,1 
Dichloroethylene; 1,1,1 Trichloroethane; 1,1,1,2 Tetrachloroethane; 
1,1,2 Trichloro 1,2,2 Triflouroethane; 1,1,2 Trichloroethane; 1,1,2,2 
Tetrachloroethane; 1,2 Dichlorobenzene; 1,2 Dichloroethane; 1,2 
Dichloropropane; 1,2 Dichloropropanone; 1,2 Transdichloroethene; 1,2, 
Trans--Dichloroethene; 1,2,4,5 Tetrachlorobenzine; 1,3 Dichlorobenzene; 
1,4 Dichloro 2 butene; 1,4 Dioxane; 2 Chlorophenol; 2 Cyclohexyl 4,6 
dinitrophenol; 2 Methyl

[[Page 735]]

Pyridine; 2 Nitropropane; 2, 4-Di-nitrotoluene; Acetone; Acetonitrile; 
Acrylonitrile; Allyl Alcohol; Aniline; Antimony; Arsenic; Barium; 
Benzene; Benzotrichloride; Benzyl Chloride; Beryllium; Bis (2 ethyl 
Hexyl) Phthalate; Butyl Alcohol, n; Butyl Benzyl Phthalate; Cadmium; 
Carbon Disulfide; Carbon Tetrachloride; Chlorobenzene; Chloroform; 
Chloromethane; Chromium; Chrysene; Copper; Creosol; Creosol, m-; 
Creosol, o; Creosol, p; Cyanide; Cyclohexanone; Di-n-octyl phthalate; 
Dichlorodiflouromethane; Diethyl Phthalate; Dihydrosafrole; 
Dimethylamine; Ethyl Acetate; Ethyl benzene; Ethyl Ether; Ethylene 
Glycol Ethyl Ether; Ethylene Oxide; Formaldehyde; Isobutyl Alcohol; 
Lead; Mercury; Methanol; Methoxychlor; Methyl Chloride; Methyl 
Chloroformate; Methyl Ethyl Ketone; Methyl Ethyl Ketone Peroxide; Methyl 
Isobutyl Ketone; Methyl Methacrylate; Methylene Bromide; Methylene 
Chloride; Naphthalene; Nickel; Nitrobenzene; Nitroglycerine; p-
Toluidine; Phenol; Phthalic Anhydride; Polychlorinated Biphenyls; 
Propargyl Alcohol; Pyridine; Safrole; Selenium; Silver; Styrene; 
Tetrachloroethylene; Tetrahydrofuran; Thallium; Toluene; Toluene 2,4 
Diisocyanate; Trichloroethylene; Trichloroflouromethane; Vanadium; Vinyl 
Chloride; Warfarin; Xylene; Zinc.
    (g) This section applies only to the facility commonly referred to 
as the OSi Specialties Plant, located on State Route 2, Sistersville, 
West Virginia (``Sistersville Plant'').
    (1)(i) No later than 18 months from the date the Sistersville Plant 
receives written notification of revocation of the temporary deferral 
for the Sistersville Plant under paragraph (f) of this section, the 
Sistersville Plant shall, in accordance with the implementation schedule 
submitted to EPA under paragraph (g)(1)(ii) of this section, either come 
into compliance with all requirements of this subpart which had been 
deferred by paragraph (f)(1)(i) of this section, or complete a facility 
or process modification such that the requirements of Sec. 265.1086 are 
no longer applicable to the two hazardous waste surface impoundments. In 
any event, the Sistersville Plant must complete the requirements of the 
previous sentence no later than the MON Compliance Date; if the 
Sistersville Plant receives written notification of revocation of the 
temporary deferral after the date 18 months prior to the MON Compliance 
Date, the date by which the Sistersville Plant must complete the 
requirements of the previous sentence will be the MON Compliance Date, 
which would be less than 18 months from the date of notification of 
revocation.
    (ii) Within 30 days from the date the Sistersville Plant receives 
written notification of revocation under paragraph (f)(3)(iv) of this 
section, the Sistersville Plant shall enter and maintain in the facility 
operating record an implementation schedule. The implementation schedule 
shall demonstrate that within 18 months from the date the Sistersville 
Plant receives written notification of revocation under paragraph 
(f)(3)(iv) of this section (but no later than the MON Compliance Date), 
the Sistersville Plant shall either come into compliance with the 
regulatory requirements that had been deferred by paragraph (f)(1)(i) of 
this section, or complete a facility or process modification such that 
the requirements of Sec. 265.1086 are no longer applicable to the two 
hazardous waste surface impoundments. Within 30 days from the date the 
Sistersville Plant receives written notification of revocation under 
paragraph (f)(3)(iv) of this section, the Sistersville Plant shall 
submit a copy of the implementation schedule to the EPA and WVDEP 
Project XL contacts identified in paragraph (f)(2)(viii)(H) of this 
section. The implementation schedule shall reflect the Sistersville 
Plant's effort to come into compliance as soon as practicable (but no 
later than 18 months after the date the Sistersville Plant receives 
written notification of revocation, or the MON Compliance Date, 
whichever is sooner) with all regulatory requirements that had been 
deferred under paragraph (f)(1)(i) of this section, or to complete a 
facility or process modification as soon as practicable (but no later 
than 18 months after the date the Sistersville Plant receives written 
notification of revocation, or the MON Compliance Date, whichever is 
sooner) such that

[[Page 736]]

the requirements of Sec. 265.1086 are no longer applicable to the two 
hazardous waste surface impoundments.
    (iii) The implementation schedule shall include the information 
described in either paragraph (g)(1)(iii)(A) or (B) of this section.
    (A) Specific calendar dates for: award of contracts or issuance of 
purchase orders for the control equipment required by those regulatory 
requirements that had been deferred by paragraph (f)(1)(i) of this 
section; initiation of on-site installation of such control equipment; 
completion of the control equipment installation; performance of any 
testing to demonstrate that the installed control equipment meets the 
applicable standards of this subpart; initiation of operation of the 
control equipment; and compliance with all regulatory requirements that 
had been deferred by paragraph (f)(1)(i) of this section.
    (B) Specific calendar dates for the purchase, installation, 
performance testing and initiation of operation of equipment to 
accomplish a facility or process modification such that the requirements 
of Sec. 265.1086 are no longer applicable to the two hazardous waste 
surface impoundments.
    (2) Nothing in paragraphs (f) or (g) of this section shall affect 
any regulatory requirements not referenced in paragraph (f)(2)(i) or 
(ii) of this section, as applicable to the Sistersville Plant.
    (3) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section, the requirements 
referenced in paragraph (f)(1)(iii) of this section are temporarily 
deferred, with respect to the two hazardous waste surface impoundments, 
provided that the Sistersville Plant is in compliance with the 
requirements of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), 
(f)(2)(v), (f)(2)(vi) and (g) of this section, except as provided under 
paragraph (g)(4) of this section. The temporary deferral of the previous 
sentence shall be effective beginning on the date the Sistersville Plant 
receives written notification of revocation, and subject to paragraph 
(g)(5) of this section, shall continue to be effective for a maximum 
period of 18 months from that date, provided that the Sistersville Plant 
is in compliance with the requirements of paragraphs (f)(2)(ii), 
(f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section 
at all times during that 18-month period.
    (4) In the event that a notification of revocation is issued 
pursuant to paragraph (f)(3)(iv) of this section as a result of the 
permanent removal of the capper unit from methyl capped polyether 
production service, the requirements referenced in paragraph (f)(1)(iii) 
of this section are temporarily deferred, with respect to the two 
hazardous waste surface impoundments, provided that the Sistersville 
Plant is in compliance with the requirements of paragraphs (f)(2)(vi), 
and (g) of this section. The temporary deferral of the previous sentence 
shall be effective beginning on the date the Sistersville Plant receives 
written notification of revocation, and subject to paragraph (g)(5) of 
this section, shall continue to be effective for a maximum period of 18 
months from that date, provided that the Sistersville Plant is in 
compliance with the requirements of paragraphs (f)(2)(vi) and (g) of 
this section at all times during that 18-month period.
    (5) In no event shall the temporary deferral provided under 
paragraph (g)(3) or (g)(4) of this section be effective after the MON 
Compliance Date.

[59 FR 62935, Dec. 6, 1994]

    Editorial Note: For Federal Register citations affecting Sec. 
265.1080, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 265.1081  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given to them in the Act and parts 260 through 266 of this 
chapter.
    Average volatile organic concentration or average VO concentration 
means the mass-weighted average volatile organic concentration of a 
hazardous waste as determined in accordance with the requirements of 
Sec. 265.1084 of this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that blocks an opening in a cover such that when the 
device is secured in the closed position it prevents or reduces air 
pollutant emissions to the atmosphere. Closure devices include devices 
that are detachable from the

[[Page 737]]

cover (e.g., a sampling port cap), manually operated (e.g., a hinged 
access lid or hatch), or automatically operated (e.g., a spring-loaded 
pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Cover means a device that provides a continuous barrier over the 
hazardous waste managed in a unit to prevent or reduce air pollutant 
emissions to the atmosphere. A cover may have openings (such as access 
hatches, sampling ports, gauge wells) that are necessary for operation, 
inspection, maintenance, and repair of the unit on which the cover is 
used. A cover may be a separate piece of equipment which can be detached 
and removed from the unit or a cover may be formed by structural 
features permanently integrated into the design of the unit.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapors through a closed-vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the surface of the material managed in a tank with 
no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the 
material managed in the unit.
    Floating membrane cover means a cover consisting of a synthetic 
flexible membrane material that rests upon and is supported by the 
hazardous waste being managed in a surface impoundment.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the material being contained, and is equipped with a 
continuous seal.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    In light material service means the container is used to manage a 
material for which both of the following conditions apply: The vapor 
pressure of one or more of the organic constituents in the material is 
greater than 0.3 kilopascals (kPa) at 20 [deg]C; and the total 
concentration of the pure organic constituents having a vapor pressure 
greater than 0.3 kPa at 20 [deg]C is equal to or greater than 20 percent 
by weight.
    Internal floating roof means a cover that rests or floats on the 
material surface (but not necessarily in complete contact with it) 
inside a tank that has a fixed roof.
    Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the hazardous waste between the tank wall and 
the floating roof continuously around the circumference of the tank.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    Maximum organic vapor pressure means the sum of the individual 
organic constituent partial pressures exerted by the material contained 
in a tank, at the maximum vapor pressure-causing conditions (i.e., 
temperature, agitation, pH effects of combining wastes, etc.) reasonably 
expected to occur in the tank. For the purpose of this subpart, maximum 
organic vapor pressure is determined using the procedures specified in 
Sec. 265.1084(c) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.

[[Page 738]]

    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec. 
265.1084(d) of this subpart.
    Point of waste origination means as follows:
    (1) When the facility owner or operator is the generator of the 
hazardous waste, the point of waste origination means the point where a 
solid waste produced by a system, process, or waste management unit is 
determined to be a hazardous waste as defined in 40 CFR part 261.

    Note: In this case, this term is being used in a manner similar to 
the use of the term ``point of generation'' in air standards established 
for waste management operations under authority of the Clean Air Act in 
40 CFR parts 60, 61, and 63.]

    (2) When the facility owner and operator are not the generator of 
the hazardous waste, point of waste origination means the point where 
the owner or operator accepts delivery or takes possession of the 
hazardous waste.
    Point of waste treatment means the point where a hazardous waste to 
be treated in accordance with Sec. 265.1083(c)(2) of this subpart exits 
the treatment process. Any waste determination shall be made before the 
waste is conveyed, handled, or otherwise managed in a manner that allows 
the waste to volatilize to the atmosphere.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine venting 
of gases or vapors from the vapor headspace underneath a cover such as 
during filling of the unit or to adjust the pressure in this vapor 
headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Vapor-mounted seal means a continuous seal that is mounted such that 
there is a vapor space between the hazardous waste in the unit and the 
bottom of the seal.
    Volatile organic concentration or VO concentration means the 
fraction by weight of the volatile organic compounds contained in a 
hazardous waste expressed in terms of parts per million (ppmw) as 
determined by direct measurement or by knowledge of the waste in 
accordance with the requirements of Sec. 265.1084 of this subpart. For 
the purpose of determining the VO concentration of a hazardous waste, 
organic compounds with a Henry's law constant value of at least 0.1 
mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/
X) (which can also be expressed as 1.8x10-6 atmospheres/gram-
mole/m\3\) at 25 degrees Celsius must be included. Appendix VI of this 
subpart presents a list of compounds known to have a Henry's law 
constant value less than the cutoff level.
    Waste determination means performing all applicable procedures in 
accordance with the requirements of Sec. 265.1084 of this subpart to 
determine whether a hazardous waste meets standards specified in this 
subpart. Examples of a waste determination include performing the 
procedures in accordance with the requirements of Sec. 265.1084 of this 
subpart to determine the average VO concentration of a hazardous waste 
at the point of waste origination; the average VO concentration of a 
hazardous waste at the point of waste treatment and comparing the 
results to the exit concentration limit specified for the process used 
to treat

[[Page 739]]

the hazardous waste; the organic reduction efficiency and the organic 
biodegradation efficiency for a biological process used to treat a 
hazardous waste and comparing the results to the applicable standards; 
or the maximum volatile organic vapor pressure for a hazardous waste in 
a tank and comparing the results to the applicable standards.
    Waste stabilization process means any physical or chemical process 
used to either reduce the mobility of hazardous constituents in a 
hazardous waste or eliminate free liquids as determined by Test Method 
9095B (Paint Filter Liquids Test) in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as 
incorporated by reference in Sec. 260.11. A waste stabilization process 
includes mixing the hazardous waste with binders or other materials, and 
curing the resulting hazardous waste and binder mixture. Other 
synonymous terms used to refer to this process are ``waste fixation'' or 
``waste solidification.'' This does not include the adding of absorbent 
materials to the surface of a waste, without mixing, agitation, or 
subsequent curing, to absorb free liquid.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996; 61 
FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997; 70 FR 34586, June 
14, 2005]



Sec. 265.1082  Schedule for implementation of air emission standards.

    (a) Owners or operators of facilities existing on December 6, 1996 
and subject to subparts I, J, and K of this part shall meet the 
following requirements:
    (1) Install and begin operation of all control equipment or waste 
management units required to comply with this subpart and complete 
modifications of production or treatment processes to satisfy exemption 
criteria in accordance with Sec. 265.1083(c) of this subpart by 
December 6, 1996, except as provided for in paragraph (a)(2) of this 
section.
    (2) When control equipment or waste management units required to 
comply with this subpart cannot be installed and in operation or 
modifications of production or treatment processes to satisfy exemption 
criteria in accordance with Sec. 265.1083(c) of this subpart cannot be 
completed by December 6, 1996, the owner or operator shall:
    (i) Install and begin operation of the control equipment and waste 
management units, and complete modifications of production or treatment 
processes as soon as possible but no later than December 8, 1997.
    (ii) Prepare an implementation schedule that includes the following 
information: specific calendar dates for award of contracts or issuance 
of purchase orders for control equipment, waste management units, and 
production or treatment process modifications; initiation of on-site 
installation of control equipment or waste management units, and 
modifications of production or treatment processes; completion of 
control equipment or waste management unit installation, and production 
or treatment process modifications; and performance of testing to 
demonstrate that the installed equipment or waste management units, and 
modified production or treatment processes meet the applicable standards 
of this subpart.
    (iii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, the owner or operator shall enter the 
implementation schedule specified in paragraph (a)(2)(ii) of this 
section in the operating record no later than December 6, 1996.
    (iv) For facilities not subject to Sec. 265.73 of this part, the 
owner or operator shall enter the implementation schedule specified in 
paragraph (a)(2)(ii) of this section in a permanent, readily available 
file located at the facility no later than December 6, 1996.
    (b) Owners or operators of facilities and units in existence on the 
effective date of a statutory or EPA regulatory amendment that renders 
the facility subject to subparts I, J, or K of this part shall meet the 
following requirements:
    (1) Install and begin operation of control equipment or waste 
management units required to comply with this subpart, and complete 
modifications of production or treatment processes to satisfy exemption 
criteria of Sec. 265.1083(c) of this subpart by the effective date of 
the amendment, except as provided for in paragraph (b)(2) of this 
section.

[[Page 740]]

    (2) When control equipment or waste management units required to 
comply with this subpart cannot be installed and begin operation, or 
when modifications of production or treatment processes to satisfy 
exemption criteria of Sec. 265.1083(c) of this subpart cannot be 
completed by the effective date of the amendment, the owner or operator 
shall:
    (i) Install and begin operation of the control equipment or waste 
management unit, and complete modification of production or treatment 
processes as soon as possible but no later than 30 months after the 
effective date of the amendment.
    (ii) For facilities subject to the recordkeeping requirements of 
Sec. 265.73 of this part, enter and maintain the implementation 
schedule specified in paragraph (a)(2)(ii) of this section in the 
operating record no later than the effective date of the amendment, or
    (iii) For facilities not subject to Sec. 265.73 of this part, the 
owner or operator shall enter and maintain the implementation schedule 
specified in paragraph (a)(2)(ii) of this section in a permanent, 
readily available file located at the facility site no later than the 
effective date of the amendment.
    (c) Owners and operators of facilities and units that become newly 
subject to the requirements of this subpart after December 8, 1997 due 
to an action other than those described in paragraph (b) of this section 
must comply with all applicable requirements immediately (i.e., must 
have control devices installed and operating on the date the facility or 
unit becomes subject to this subpart; the 30-month implementation 
schedule does not apply).
    (d) The Regional Administrator may elect to extend the 
implementation date for control equipment at a facility, on a case by 
case basis, to a date later than December 8, 1997, when special 
circumstances that are beyond the facility owner's or operator's control 
delay installation or operation of control equipment, and the owner or 
operator has made all reasonable and prudent attempts to comply with the 
requirements of this subpart.

[62 FR 64662, Dec. 8, 1997]



Sec. 265.1083  Standards: General.

    (a) This section applies to the management of hazardous waste in 
tanks, surface impoundments, and containers subject to this subpart.
    (b) The owner or operator shall control air pollutant emissions from 
each hazardous waste management unit in accordance with standards 
specified in Sec. Sec. 265.1085 through 265.1088 of this subpart, as 
applicable to the hazardous waste management unit, except as provided 
for in paragraph (c) of this section.
    (c) A tank, surface impoundment, or container is exempt from 
standards specified in Sec. 265.1085 through Sec. 265.1088 of this 
subpart, as applicable, provided that the waste management unit is one 
of the following:
    (1) A tank, surface impoundment, or container for which all 
hazardous waste entering the unit has an average VO concentration at the 
point of waste origination of less than 500 parts per million by weight 
(ppmw). The average VO concentration shall be determined using the 
procedures specified in Sec. 265.1084(a) of this subpart. The owner or 
operator shall review and update, as necessary, this determination at 
least once every 12 months following the date of the initial 
determination for the hazardous waste streams entering the unit.
    (2) A tank, surface impoundment, or container for which the organic 
content of all the hazardous waste entering the waste management unit 
has been reduced by an organic destruction or removal process that 
achieves any one of the following conditions:
    (i) A process that removes or destroys the organics contained in the 
hazardous waste to a level such that the average VO concentration of the 
hazardous waste at the point of waste treatment is less than the exit 
concentration limit (Ct) established for the process. The 
average VO concentration of the hazardous waste at the point of waste 
treatment and the exit concentration limit for the process shall be 
determined using the procedures specified in Sec. 265.1084(b) of this 
subpart.
    (ii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for

[[Page 741]]

the process is equal to or greater than 95 percent, and the average VO 
concentration of the hazardous waste at the point of waste treatment is 
less than 100 ppmw. The organic reduction efficiency for the process and 
the average VO concentration of the hazardous waste at the point of 
waste treatment shall be determined using the procedures specified in 
Sec. 265.1084(b) of this subpart.
    (iii) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the actual organic mass removal 
rate (MR) for the process is equal to or greater than the required 
organic mass removal rate (RMR) established for the process. The 
required organic mass removal rate and the actual organic mass removal 
rate for the process shall be determined using the procedures specified 
in Sec. 265.1084(b) of this subpart.
    (iv) A biological process that destroys or degrades the organics 
contained in the hazardous waste, such that either of the following 
conditions is met:
    (A) The organic reduction efficiency (R) for the process is equal to 
or greater than 95 percent, and the organic biodegradation efficiency 
(Rbio) for the process is equal to or greater than 95 
percent. The organic reduction efficiency and the organic biodegradation 
efficiency for the process shall be determined using the procedures 
specified in Sec. 265.1084(b) of this subpart.
    (B) The total actual organic mass biodegradation rate 
(MRbio) for all hazardous waste treated by the process is 
equal to or greater than the required organic mass removal rate (RMR). 
The required organic mass removal rate and the actual organic mass 
biodegradation rate for the process shall be determined using the 
procedures specified in Sec. 265.1084(b) of this subpart.
    (v) A process that removes or destroys the organics contained in the 
hazardous waste and meets all of the following conditions:
    (A) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, the hazardous waste is 
managed continuously in waste management units which use air emission 
controls in accordance with the standards specified in Sec. 265.1085 
through Sec. 265.1088 of this subpart, as applicable to the waste 
management unit.
    (B) From the point of waste origination through the point where the 
hazardous waste enters the treatment process, any transfer of the 
hazardous waste is accomplished through continuous hard-piping or other 
closed system transfer that does not allow exposure of the waste to the 
atmosphere. The EPA considers a drain system that meets the requirements 
of 40 CFR part 63, subpart RR--National Emission Standards for 
Individual Drain Systems to be a closed system.
    (C) The average VO concentration of the hazardous waste at the point 
of waste treatment is less than the lowest average VO concentration at 
the point of waste origination determined for each of the individual 
waste streams entering the process or 500 ppmw, whichever value is 
lower. The average VO concentration of each individual waste stream at 
the point of waste origination shall be determined using the procedures 
specified in Sec. 265.1084(a) of this subpart. The average VO 
concentration of the hazardous waste at the point of waste treatment 
shall be determined using the procedures specified in Sec. 265.1084(b) 
of this subpart.
    (vi) A process that removes or destroys the organics contained in 
the hazardous waste to a level such that the organic reduction 
efficiency (R) for the process is equal to or greater than 95 percent 
and the owner or operator certifies that the average VO concentration at 
the point of waste origination for each of the individual waste streams 
entering the process is less than 10,000 ppmw. The organic reduction 
efficiency for the process and the average VO concentration of the 
hazardous waste at the point of waste origination shall be determined 
using the procedures specified in Sec. 265.1084(b) and Sec. 
265.1084(a) of this subpart, respectively.
    (vii) A hazardous waste incinerator for which the owner or operator 
has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 264, subpart O; or

[[Page 742]]

    (B) Has designed and operates the incinerator in accordance with the 
interim status requirements of subpart O of this part.
    (viii) A boiler or industrial furnace for which the owner or 
operator has either:
    (A) Been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H, or
    (B) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (ix) For the purpose of determining the performance of an organic 
destruction or removal process in accordance with the conditions in each 
of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the owner or 
operator shall account for VO concentrations determined to be below the 
limit of detection of the analytical method by using the following VO 
concentration:
    (A) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, 
whichever is less.
    (B) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant value at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can 
also be expressed as 1.8x10-6 atmospheres/gram-mole/m\3\] at 
25 degrees Celsius.
    (3) A tank or surface impoundment used for biological treatment of 
hazardous waste in accordance with the requirements of paragraph 
(c)(2)(iv) of this section.
    (4) A tank, surface impoundment, or container for which all 
hazardous waste placed in the unit either:
    (i) Meets the numerical concentration limits for organic hazardous 
constituents, applicable to the hazardous waste, as specified in 40 CFR 
part 268--Land Disposal Restrictions under Table ``Treatment Standards 
for Hazardous Waste'' in 40 CFR 268.40; or
    (ii) The organic hazardous constituents in the waste have been 
treated by the treatment technology established by the EPA for the waste 
in 40 CFR 268.42(a), or have been removed or destroyed by an equivalent 
method of treatment approved by EPA pursuant to 40 CFR 268.42(b).
    (5) A tank used for bulk feed of hazardous waste to a waste 
incinerator and all of the following conditions are met:
    (i) The tank is located inside an enclosure vented to a control 
device that is designed and operated in accordance with all applicable 
requirements specified under 40 CFR part 61, subpart FF--National 
Emission Standards for Benzene Waste Operations for a facility at which 
the total annual benzene quantity from the facility waste is equal to or 
greater than 10 megagrams per year;
    (ii) The enclosure and control device serving the tank were 
installed and began operation prior to November 25, 1996; and
    (iii) The enclosure is designed and operated in accordance with the 
criteria for a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, Appendix B. The enclosure may have 
permanent or temporary openings to allow worker access; passage of 
material into or out of the enclosure by conveyor, vehicles, or other 
mechanical or electrical equipment; or to direct air flow into the 
enclosure. The owner or operator shall perform the verification 
procedure for the enclosure as specified in Section 5.0 to ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' annually.
    (d) The Regional Administrator may at any time perform or request 
that the owner or operator perform a waste determination for a hazardous 
waste managed in a tank, surface impoundment, or container exempted from 
using air emission controls under the provisions of this section as 
follows:
    (1) The waste determination for average VO concentration of a 
hazardous waste at the point of waste origination shall be performed 
using direct measurement in accordance with the applicable requirements 
of Sec. 265.1084(a) of this subpart. The waste determination for a 
hazardous waste at the point of waste treatment shall be performed in

[[Page 743]]

accordance with the applicable requirements of Sec. 265.1084(b) of this 
subpart.
    (2) In performing a waste determination pursuant to paragraph (d)(1) 
of this section, the sample preparation and analysis shall be conducted 
as follows:
    (i) In accordance with the method used by the owner or operator to 
perform the waste analysis, except in the case specified in paragraph 
(d)(2)(ii) of this section.
    (ii) If the Regional Administrator determines that the method used 
by the owner or operator was not appropriate for the hazardous waste 
managed in the tank, surface impoundment, or container, then the 
Regional Administrator may choose an appropriate method.
    (3) In a case when the owner or operator is requested to perform the 
waste determination, the Regional Administrator may elect to have an 
authorized representative observe the collection of the hazardous waste 
samples used for the analysis.
    (4) In a case when the results of the waste determination performed 
or requested by the Regional Administrator do not agree with the results 
of a waste determination performed by the owner or operator using 
knowledge of the waste, then the results of the waste determination 
performed in accordance with the requirements of paragraph (d)(1) of 
this section shall be used to establish compliance with the requirements 
of this subpart.
    (5) In a case when the owner or operator has used an averaging 
period greater than 1 hour for determining the average VO concentration 
of a hazardous waste at the point of waste origination, the Regional 
Administrator may elect to establish compliance with this subpart by 
performing or requesting that the owner or operator perform a waste 
determination using direct measurement based on waste samples collected 
within a 1-hour period as follows:
    (i) The average VO concentration of the hazardous waste at the point 
of waste origination shall be determined by direct measurement in 
accordance with the requirements of Sec. 265.1084(a) of this subpart.
    (ii) Results of the waste determination performed or requested by 
the Regional Administrator showing that the average VO concentration of 
the hazardous waste at the point of waste origination is equal to or 
greater than 500 ppmw shall constitute noncompliance with this subpart 
except in a case as provided for in paragraph (d)(5)(iii) of this 
section.
    (iii) For the case when the average VO concentration of the 
hazardous waste at the point of waste origination previously has been 
determined by the owner or operator using an averaging period greater 
than 1 hour to be less than 500 ppmw but because of normal operating 
process variations the VO concentration of the hazardous waste 
determined by direct measurement for any given 1-hour period may be 
equal to or greater than 500 ppmw, information that was used by the 
owner or operator to determine the average VO concentration of the 
hazardous waste (e.g., test results, measurements, calculations, and 
other documentation) and recorded in the facility records in accordance 
with the requirements of Sec. 265.1084(a) and Sec. 265.1090 of this 
subpart shall be considered by the Regional Administrator together with 
the results of the waste determination performed or requested by the 
Regional Administrator in establishing compliance with this subpart.

[61 FR 59972, Nov. 25, 1996, as amended at 62 FR 64663, Dec. 8, 1997]



Sec. 265.1084  Waste determination procedures.

    (a) Waste determination procedure to determine average volatile 
organic (VO) concentration of a hazardous waste at the point of waste 
origination.
    (1) An owner or operator shall determine the average VO 
concentration at the point of waste origination for each hazardous waste 
placed in a waste management unit exempted under the provisions of Sec. 
265.1083(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Sec. 265.1085 through Sec. 
265.1088 of this subpart, as applicable to the waste management unit.
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first

[[Page 744]]

time any portion of the material in the hazardous waste stream is placed 
in a waste management unit exempted under the provisions of Sec. 
265.1083(c)(1) of this subpart from using air emission controls, and 
thereafter an initial determination of the average VO concentration of 
the waste stream shall be made for each averaging period that a 
hazardous waste is managed in the unit; and
    (ii) Perform a new waste determination whenever changes to the 
source generating the waste stream are reasonably likely to cause the 
average VO concentration of the hazardous waste to increase to a level 
that is equal to or greater than the VO concentration limit specified in 
Sec. 265.1083(c)(1) of this subpart.
    (2) For a waste determination that is required by paragraph (a)(1) 
of this section, the average VO concentration of a hazardous waste at 
the point of waste origination shall be determined using either direct 
measurement as specified in paragraph (a)(3) of this section or by 
knowledge as specified in paragraph (a)(4) of this section.
    (3) Direct measurement to determine average VO concentration of a 
hazardous waste at the point of waste origination.
    (i) Identification. The owner or operator shall identify and record 
the point of waste origination for the hazardous waste.
    (ii) Sampling. Samples of the hazardous waste stream shall be 
collected at the point of waste origination in a manner such that 
volatilization of organics contained in the waste and in the subsequent 
sample is minimized and an adequately representative sample is collected 
and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO 
concentration for the hazardous waste stream on a mass-weighted average 
basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the hazardous waste stream but shall not exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. All 
of the samples for a given waste determination shall be collected within 
a one-hour period. The average of the four or more sample results 
constitutes a waste determination for the waste stream. One or more 
waste determinations may be required to represent the complete range of 
waste compositions and quantities that occur during the entire averaging 
period due to normal variations in the operating conditions for the 
source or process generating the hazardous waste stream. Examples of 
such normal variations are seasonal variations in waste quantity or 
fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process, and by which sample integrity is maintained. A 
copy of the written sampling plan shall be maintained on-site in the 
facility operating records. An example of acceptable sample collection 
and handling procedures for a total volatile organic constituent 
concentration may be found in Method 25D in 40 CFR part 60, appendix A.
    (D) Sufficient information, as specified in the ``site sampling 
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be 
prepared and recorded to document the waste quantity represented by the 
samples and, as applicable, the operating conditions for the source or 
process generating the hazardous waste represented by the samples.
    (iii) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with Method 25D in 40 CFR part 60, appendix A for the 
total concentration of volatile organic constituents, or using one or 
more methods when the individual organic compound concentrations are 
identified and summed and the summed waste concentration accounts for 
and reflects all organic compounds in the waste with Henry's law 
constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-

[[Page 745]]

fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 
1.8 x 10-6 atmospheres/gram-mole/m\3\] at 25 degrees Celsius. 
At the owner or operator's discretion, the owner or operator may adjust 
test data obtained by any appropriate method to discount any 
contribution to the total volatile organic concentration that is a 
result of including a compound with a Henry's law constant value of less 
than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured 
concentration of each individual chemical constituent contained in the 
waste is multiplied by the appropriate constituent-specific adjustment 
factor (fm25D). If the owner or operator elects to adjust 
test data, the adjustment must be made to all individual chemical 
constituents with a Henry's law constant value greater than or equal to 
0.1 Y/X at 25 degrees Celsius contained in the waste. Constituent-
specific adjustment factors (fm25D) can be obtained by 
contacting the Waste and Chemical Processes Group, Office of Air Quality 
Planning and Standards, Research Triangle Park, NC 27711. Other test 
methods may be used if they meet the requirements in paragraph 
(a)(3)(iii)(A) or (B) of this section and provided the requirement to 
reflect all organic compounds in the waste with Henry's law constant 
values greater than or equal to 0.1 Y/X [which can also be expressed as 
1.8 x 10-6 atmospheres/gram-mole/m\3\] at 25 degrees Celsius, 
is met.
    (A) Any EPA standard method that has been validated in accordance 
with ``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods,'' 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
    (iv) Calculations.
    (A) The average VO concentration (C) on a mass-weighted basis shall 
be calculated by using the results for all waste determinations 
conducted in accordance with paragraphs (a)(3) (ii) and (iii) of this 
section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.000

where:

C = Average VO concentration of the hazardous waste at the point of 
waste origination on a mass-weighted basis, ppmw.
i = Individual waste determination ``i'' of the hazardous waste.
n = Total number of waste determinations of the hazardous waste 
conducted for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by 
Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the 
averaging period, kg/hr.
Ci = Measured VO concentration of waste determination ``i'' 
as determined in accordance with the requirements of paragraph 
(a)(3)(iii) of this section (i.e. the average of the four or more 
samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw.

    (B) For the purpose of determining Ci, for individual 
waste samples analyzed in accordance with paragraph (a)(3)(iii) of this 
section, the owner or operator shall account for VO concentrations 
determined to be below the limit of detection of the analytical method 
by using the following VO concentration:
    (1) If Method 25D in 40 CFR part 60, Appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A.
    (2) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
waste that has a Henry's law constant values at least 0.1 mole-fraction-
in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can 
also be expressed as 1.8x10-6 atmospheres/gram-mole/m\3\] at 
25 degrees Celsius.
    (v) Provided that the test method is appropriate for the waste as 
required under paragraph (a)(3)(iii) of this section, the EPA will 
determine compliance based on the test method used by

[[Page 746]]

the owner or operator as recorded pursuant to Sec. 265.1090(f)(1) of 
this subpart.
    (4) Use of owner or operator knowledge to determine average VO 
concentration of a hazardous waste at the point of waste origination.
    (i) Documentation shall be prepared that presents the information 
used as the basis for the owner's or operator's knowledge of the 
hazardous waste stream's average VO concentration. Examples of 
information that may be used as the basis for knowledge include: 
Material balances for the source or process generating the hazardous 
waste stream; constituent-specific chemical test data for the hazardous 
waste stream from previous testing that are still applicable to the 
current waste stream; previous test data for other locations managing 
the same type of waste stream; or other knowledge based on information 
included in manifests, shipping papers, or waste certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
owner or operator shall document the test method, sampling protocol, and 
the means by which sampling variability and analytical variability are 
accounted for in the determination of the average VO concentration. For 
example, an owner or operator may use organic concentration test data 
for the hazardous waste stream that are validated in accordance with 
Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of 
the waste.
    (iii) An owner or operator using chemical constituent-specific 
concentration test data as the basis for knowledge of the hazardous 
waste may adjust the test data to the corresponding average VO 
concentration value which would have been obtained had the waste samples 
been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust 
these data, the measured concentration for each individual chemical 
constituent contained in the waste is multiplied by the appropriate 
constituent-specific adjustment factor (fm25D).
    (iv) In the event that the Regional Administrator and the owner or 
operator disagree on a determination of the average VO concentration for 
a hazardous waste stream using knowledge, then the results from a 
determination of average VO concentration using direct measurement as 
specified in paragraph (a)(3) of this section shall be used to establish 
compliance with the applicable requirements of this subpart. The 
Regional Administrator may perform or request that the owner or operator 
perform this determination using direct measurement. The owner or 
operator may choose one or more appropriate methods to analyze each 
collected sample in accordance with the requirements of paragraph 
(a)(3)(iii) of this section.
    (b) Waste determination procedures for treated hazardous waste.
    (1) An owner or operator shall perform the applicable waste 
determination for each treated hazardous waste placed in a waste 
management unit exempted under the provisions of Sec. 265.1083 
(c)(2)(i) through (c)(2)(vi) of this subpart from using air emission 
controls in accordance with standards specified in Sec. Sec. 265.1085 
through 265.1088 of this subpart, as applicable to the waste management 
unit.
    (i) An initial determination of the average VO concentration of the 
waste stream shall be made before the first time any portion of the 
material in the treated waste stream is placed in a waste management 
unit exempted under the provisions of Sec. 265.1083(c)(2), Sec. 
265.1083(c)(3), or Sec. 265.1083(c)(4) of this subpart from using air 
emission controls, and thereafter update the information used for the 
waste determination at least once every 12 months following the date of 
the initial waste determination; and
    (ii) Perform a new waste determination whenever changes to the 
process generating or treating the waste stream are reasonably likely to 
cause the average VO concentration of the hazardous waste to increase to 
a level such that the applicable treatment conditions specified in Sec. 
265.1083(c)(2), Sec. 265.1083(c)(3), or Sec. 265.1083(c)(4) of this 
subpart are not achieved.
    (2) The owner or operator shall designate and record the specific 
provision in Sec. 265.1083(c)(2) of this subpart under which the waste 
determination is being performed. The waste determination for the 
treated hazardous waste shall

[[Page 747]]

be performed using the applicable procedures specified in paragraphs 
(b)(3) through (b)(9) of this section.
    (3) Procedure to determine the average VO concentration of a 
hazardous waste at the point of waste treatment.
    (i) Identification. The owner or operator shall identify and record 
the point of waste treatment for the hazardous waste.
    (ii) Sampling. Samples of the hazardous waste stream shall be 
collected at the point of waste treatment in a manner such that 
volatilization of organics contained in the waste and in the subsequent 
sample is minimized and an adequately representative sample is collected 
and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO 
concentration for the hazardous waste stream on a mass-weighted average 
basis shall be designated and recorded. The averaging period can 
represent any time interval that the owner or operator determines is 
appropriate for the hazardous waste stream but shall not exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous waste determination. All 
of the samples for a given waste determination shall be collected within 
a one-hour period. The average of the four or more sample results 
constitutes a waste determination for the waste stream. One or more 
waste determinations may be required to represent the complete range of 
waste compositions and quantities that occur during the entire averaging 
period due to normal variations in the operating conditions for the 
process generating or treating the hazardous waste stream. Examples of 
such normal variations are seasonal variations in waste quantity or 
fluctuations in ambient temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the owner or operator and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous waste stream are collected such 
that a minimum loss of organics occurs throughout the sample collection 
and handling process, and by which sample integrity is maintained. A 
copy of the written sampling plan shall be maintained on-site in the 
facility operating records. An example of acceptable sample collection 
and handling procedures for a total volatile organic constituent 
concentration may be found in Method 25D in 40 CFR part 60, appendix A.
    (D) Sufficient information, as specified in the ``site sampling 
plan'' required under paragraph (C) of (b)(3)(ii)this section, Sec. 
265.1084(b)(3)(ii), shall be prepared and recorded to document the waste 
quantity represented by the samples and, as applicable, the operating 
conditions for the process treating the hazardous waste represented by 
the samples.
    (iii) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with Method 25D in 40 CFR part 60, appendix A for the 
total concentration of volatile organic constituents, or using one or 
more methods when the individual organic compound concentrations are 
identified and summed and the summed waste concentration accounts for 
and reflects all organic compounds in the waste with Henry's law 
constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 
1.8 x 10-6 atmospheres/gram-mole/m\3\] at 25 degrees Celsius. 
When the owner or operator is making a waste determination for a treated 
hazardous waste that is to be compared to an average VO concentration at 
the point of waste origination or the point of waste entry to the 
treatment system to determine if the conditions of Sec. 
264.1082(c)(2)(i) through (c)(2)(vi) of this chapter, or Sec. 
265.1083(c)(2)(i) through (c)(2)(vi) of this subpart are met, then the 
waste samples shall be prepared and analyzed using the same method or 
methods as were used in making the initial waste determinations at the 
point of waste origination or at the point of entry to the treatment 
system. At the owner or operator's discretion, the owner or operator may 
adjust test data obtained by any appropriate method to discount any 
contribution to the total volatile organic concentration that is a 
result of including a compound with a Henry's law constant value less 
than

[[Page 748]]

0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured 
concentration of each individual chemical constituent in the waste is 
multiplied by the appropriate constituent-specific adjustment factor 
(fm25D). If the owner or operator elects to adjust test data, 
the adjustment must be made to all individual chemical constituents with 
a Henry's law constant value greater than or equal to 0.1 Y/X at 25 
degrees Celsius contained in the waste. Constituent-specific adjustment 
factors (fm25D) can be obtained by contacting the Waste and 
Chemical Processes Group, Office of Air Quality Planning and Standards, 
Research Triangle Park, NC 27711. Other test methods may be used if they 
meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section 
and provided the requirement to reflect all organic compounds in the 
waste with Henry's law constant values greater than or equal to 0.1 Y/X 
[which can also be expressed as 1.8 x 10-6 atmospheres/gram-
mole/m\3\] at 25 degrees Celsius, is met.
    (A) Any EPA standard method that has been validated in accordance 
with ``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods,'' 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
    (iv) Calculations. The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all waste 
determinations conducted in accordance with paragraphs (b)(3)(ii) and 
(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR08DE97.001

where:

C=Average VO concentration of the hazardous waste at the point of waste 
treatment on a mass-weighted basis, ppmw.
i=Individual waste determination ``i'' of the hazardous waste.
n=Total number of waste determinations of the hazardous waste conducted 
for the averaging period (not to exceed 1 year).
Qi=Mass quantity of hazardous waste stream represented by 
Ci, kg/hr.
QT=Total mass quantity of hazardous waste during the 
averaging period, kg/hr.
Ci=Measured VO concentration of waste determination ``i'' as 
determined in accordance with the requirements of paragraph (b)(3)(iii) 
of this section (i.e. the average of the four or more samples specified 
in paragraph (b)(3)(ii)(B) of this section), ppmw.

    (v) Provided that the test method is appropriate for the waste as 
required under paragraph (b)(3)(iii) of this section, compliance shall 
be determined based on the test method used by the owner or operator as 
recorded pursuant to Sec. 265.1090(f)(1) of this subpart.
    (4) Procedure to determine the exit concentration limit 
(Ct) for a treated hazardous waste.
    (i) The point of waste origination for each hazardous waste treated 
by the process at the same time shall be identified.
    (ii) If a single hazardous waste stream is identified in paragraph 
(b)(4)(i) of this section, then the exit concentration limit 
(Ct) shall be 500 ppmw.
    (iii) If more than one hazardous waste stream is identified in 
paragraph (b)(4)(i) of this section, then the average VO concentration 
of each hazardous waste stream at the point of waste origination shall 
be determined in accordance with the requirements of paragraph (a) of 
this section. The exit concentration limit (Ct) shall be 
calculated by using the results determined for each individual hazardous 
waste stream and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.002

Where:

Ct = Exit concentration limit for treated hazardous waste, 
ppmw.

[[Page 749]]

x = Individual hazardous waste stream ``x'' that has an average VO 
concentration less than 500 ppmw at the point of waste origination as 
determined in accordance with the requirements of Sec. 265.1084(a) of 
this subpart.
y = Individual hazardous waste stream ``y'' that has an average VO 
concentration equal to or greater than 500 ppmw at the point of waste 
origination as determined in accordance with the requirements of Sec. 
265.1084(a) of this subpart.
m = Total number of ``x'' hazardous waste streams treated by process.
n = Total number of ``y'' hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream ``x,'' 
kg/yr.
Qy = Annual mass quantity of hazardous waste stream ``y,'' 
kg/yr.
Cx = Average VO concentration of hazardous waste stream ``x'' 
at the point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a) of this subpart, ppmw.

    (5) Procedure to determine the organic reduction efficiency (R) for 
a treated hazardous waste.
    (i) The organic reduction efficiency (R) for a treatment process 
shall be determined based on results for a minimum of three consecutive 
runs.
    (ii) All hazardous waste streams entering the treatment process and 
all hazardous waste streams exiting the treatment process shall be 
identified. The owner or operator shall prepare a sampling plan for 
measuring these streams that accurately reflects the retention time of 
the hazardous waste in the process.
    (iii) For each run, information shall be determined for each 
hazardous waste stream identified in paragraph (b)(5)(ii) of this 
section using the following procedures:
    (A) The mass quantity of each hazardous waste stream entering the 
process (Qb) and the mass quantity of each hazardous waste 
stream exiting the process (Qa) shall be determined.
    (B) The average VO concentration at the point of waste origination 
of each hazardous waste stream entering the process (Cb) 
during the run shall be determined in accordance with the requirements 
of paragraph (a)(3) of this section. The average VO concentration at the 
point of waste treatment of each waste stream exiting the process 
(Ca) during the run shall be determined in accordance with 
the requirements of paragraph (b)(3) of this section.
    (iv) The waste volatile organic mass flow entering the process 
(Eb) and the waste volatile organic mass flow exiting the 
process (Ea) shall be calculated by using the results 
determined in accordance with paragraph (b)(5)(iii) of this section and 
the following equations:
[GRAPHIC] [TIFF OMITTED] TR25NO96.003

Where:

Ea = Waste volatile organic mass flow exiting process, kg/hr.
Eb = Waste volatile organic mass flow entering process, kg/
hr.
m = Total number of runs (at least 3)
j = Individual run ``j''
Qb = Mass quantity of hazardous waste entering process during 
run ``j,'' kg/hr.
Qa = Average mass quantity of hazardous waste exiting process 
during run ``j,'' kg/hr.
Ca = Average VO concentration of hazardous waste exiting 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 265.1084(b)(3) of this subpart, ppmw.
Cb = Average VO concentration of hazardous waste entering 
process during run ``j'' as determined in accordance with the 
requirements of Sec. 265.1084(a)(3) of this subpart, ppmw.

    (v) The organic reduction efficiency of the process shall be 
calculated by using the results determined in accordance with paragraph 
(b)(5)(iv) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.004

Where:

R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.


[[Page 750]]


    (6) Procedure to determine the organic biodegradation efficiency 
(Rbio) for a treated hazardous waste.
    (i) The fraction of organics biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this chapter.
    (ii) The Rbio shall be calculated by using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.005

Where:

Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in 
accordance with the requirements of paragraph (b)(6)(i) of this section.

    (7) Procedure to determine the required organic mass removal rate 
(RMR) for a treated hazardous waste.
    (i) All of the hazardous waste streams entering the treatment 
process shall be identified.
    (ii) The average VO concentration of each hazardous waste stream at 
the point of waste origination shall be determined in accordance with 
the requirements of paragraph (a) of this section.
    (iii) For each individual hazardous waste stream that has an average 
VO concentration equal to or greater than 500 ppmw at the point of waste 
origination, the average volumetric flow rate and the density of the 
hazardous waste stream at the point of waste origination shall be 
determined.
    (iv) The RMR shall be calculated by using the average VO 
concentration, average volumetric flow rate, and density determined for 
each individual hazardous waste stream, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR25NO96.006

Where:

RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream ``y'' that has an average VO 
concentration equal to or greater than 500 ppmw at the point of waste 
origination as determined in accordance with the requirements of Sec. 
265.1084(a) of this subpart.
n = Total number of ``y'' hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream 
``y'' at the point of waste origination, m\3\/hr.
ky = Density of hazardous waste stream ``y,'' kg/m\3\
Cy = Average VO concentration of hazardous waste stream ``y'' 
at the point of waste origination as determined in accordance with the 
requirements of Sec. 265.1084(a) of this subpart, ppmw.

    (8) Procedure to determine the actual organic mass removal rate (MR) 
for a treated hazardous waste.
    (i) The MR shall be determined based on results for a minimum of 
three consecutive runs. The sampling time for each run shall be 1 hour.
    (ii) The waste volatile organic mass flow entering the process 
(Eb) and the waste volatile organic mass flow exiting the 
process (Ea) shall be determined in accordance with the 
requirements of paragraph (b)(5)(iv) of this section.
    (iii) The MR shall be calculated by using the mass flow rate 
determined in accordance with the requirements of paragraph (b)(8)(ii) 
of this section and the following equation:

MR=Eb-Ea

Where:
MR=Actual organic mass removal rate, kg/hr.
Eb=Waste volatile organic mass flow entering process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.
Ea=Waste volatile organic mass flow exiting process as 
determined in accordance with the requirements of paragraph (b)(5)(iv) 
of this section, kg/hr.

    (9) Procedure to determine the actual organic mass biodegradation 
rate (MRbio) for a treated hazardous waste.

[[Page 751]]

    (i) The MRbio shall be determined based on results for a 
minimum of three consecutive runs. The sampling time for each run shall 
be 1 hour.
    (ii) The waste organic mass flow entering the process 
(Eb) shall be determined in accordance with the requirements 
of paragraph (b)(5)(iv) of this section.
    (iii) The fraction of organic biodegraded (Fbio) shall be 
determined using the procedure specified in 40 CFR part 63, appendix C 
of this chapter.
    (iv) The MRbio shall be calculated by using the mass flow 
rates and fraction of organic biodegraded determined in accordance with 
the requirements of paragraphs (b)(9)(ii) and (b)(9)(iii) of this 
section, respectively, and the following equation:

MRbio=EbxFbio

Where:

MRbio=Actual organic mass biodegradation rate, kg/hr.
Eb=Waste organic mass flow entering process as determined in 
accordance with the requirements of paragraph (b)(5)(iv) of this 
section, kg/hr.
Fbio=Fraction of organic biodegraded as determined in 
accordance with the requirements of paragraph (b)(9)(iii) of this 
section.

    (c) Procedure to determine the maximum organic vapor pressure of a 
hazardous waste in a tank.
    (1) An owner or operator shall determine the maximum organic vapor 
pressure for each hazardous waste placed in a tank using Tank Level 1 
controls in accordance with the standards specified in Sec. 265.1085(c) 
of this subpart.
    (2) An owner or operator shall use either direct measurement as 
specified in paragraph (c)(3) of this section or knowledge of the waste 
as specified by paragraph (c)(4) of this section to determine the 
maximum organic vapor pressure which is representative of the hazardous 
waste composition stored or treated in the tank.
    (3) Direct measurement to determine the maximum organic vapor 
pressure of a hazardous waste.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the waste contained in the tank. All samples shall 
be collected and handled in accordance with written procedures prepared 
by the owner or operator and documented in a site sampling plan. This 
plan shall describe the procedure by which representative samples of the 
hazardous waste are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan shall be maintained on-site in the facility operating records. An 
example of acceptable sample collection and handling procedures may be 
found in Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any appropriate one of the following methods may be 
used to analyze the samples and compute the maximum organic vapor 
pressure of the hazardous waste:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Publication 
2517, Third Edition, February 1989, ``Evaporative Loss from External 
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11 
of this chapter);
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-92 (incorporated by reference--refer to Sec. 
260.11 of this chapter); and
    (E) Any other method approved by the Regional Administrator.
    (4) Use of knowledge to determine the maximum organic vapor pressure 
of the hazardous waste. Documentation shall be prepared and recorded 
that presents the information used as the basis for the owner's or 
operator's knowledge that the maximum organic vapor pressure of the 
hazardous waste is less than the maximum vapor pressure limit listed in 
Sec. 265.1085(b)(1)(i) of this subpart for the applicable tank design 
capacity category. An example of information that may be used is 
documentation that the hazardous waste is generated by a process for 
which at other locations it previously has been determined by direct 
measurement that the waste maximum organic vapor pressure is less than 
the maximum vapor pressure limit for the appropriate tank design 
capacity category.
    (d) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart:

[[Page 752]]

    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: The interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure relief valve.
    (2) The test shall be performed when the unit contains a hazardous 
waste having an organic concentration representative of the range of 
concentrations for the hazardous waste expected to be managed in the 
unit. During the test, the cover and closure devices shall be secured in 
the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the hazardous waste 
placed in the waste management unit, not for each individual organic 
constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air), and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppmv methane or n-hexane.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21 of 40 CFR part 60, 
appendix A. In the case when the configuration of the cover or closure 
device prevents a complete traverse of the interface, all accessible 
portions of the interface shall be sampled. In the case when the 
configuration of the closure device prevents any sampling at the 
interface and the device is equipped with an enclosed extension or horn 
(e.g., some pressure relief devices), the instrument probe inlet shall 
be placed at approximately the center of the exhaust area to the 
atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv except when monitoring a seal 
around a rotating shaft that passes through a cover opening, in which 
case the comparison shall be as specified in paragraph (d)(9) of this 
section. If the difference is less than 500 ppmv, then the potential 
leak interface is determined to operate with no detectable organic 
emissions.
    (9) For the seals around a rotating shaft that passes through a 
cover opening, the arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 10,000 ppmw. If the difference is less 
than 10,000 ppmw, then the potential leak interface is determined to 
operate with no detectable organic emissions.

[61 FR 59974, Nov. 25, 1996, as amended at 62 FR 64664, Dec. 8, 1997; 64 
FR 3390, January 21, 1999; 70 FR 34586, June 14, 2005]



Sec. 265.1085  Standards: Tanks.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from tanks for which Sec. 265.1083(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) The owner or operator shall control air pollutant emissions from 
each tank subject to this section in accordance with the following 
requirements, as applicable:
    (1) For a tank that manages hazardous waste that meets all of the 
conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section, the owner or operator shall control air pollutant emissions 
from the tank in accordance with the Tank Level 1 controls specified in 
paragraph (c) of this

[[Page 753]]

section or the Tank Level 2 controls specified in paragraph (d) of this 
section.
    (i) The hazardous waste in the tank has a maximum organic vapor 
pressure which is less than the maximum organic vapor pressure limit for 
the tank's design capacity category as follows:
    (A) For a tank design capacity equal to or greater than 151 m\3\, 
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but 
less than 151 m\3\, the maximum organic vapor pressure limit for the 
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum 
organic vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous waste in the tank is not heated by the owner or 
operator to a temperature that is greater than the temperature at which 
the maximum organic vapor pressure of the hazardous waste is determined 
for the purpose of complying with paragraph (b)(1)(i) of this section.
    (iii) The hazardous waste in the tank is not treated by the owner or 
operator using a waste stabilization process, as defined in Sec. 
265.1081 of this subpart.
    (2) For a tank that manages hazardous waste that does not meet all 
of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) 
of this section, the owner or operator shall control air pollutant 
emissions from the tank by using Tank Level 2 controls in accordance 
with the requirements of paragraph (d) of this section. Examples of 
tanks required to use Tank Level 2 controls include: A tank used for a 
waste stabilization process; and a tank for which the hazardous waste in 
the tank has a maximum organic vapor pressure that is equal to or 
greater than the maximum organic vapor pressure limit for the tank's 
design capacity category as specified in paragraph (b)(1)(i) of this 
section.
    (c) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 1 controls shall meet the requirements specified 
in paragraphs (c)(1) through (c)(4) of this section:
    (1) The owner or operator shall determine the maximum organic vapor 
pressure for a hazardous waste to be managed in the tank using Tank 
Level 1 controls before the first time the hazardous waste is placed in 
the tank. The maximum organic vapor pressure shall be determined using 
the procedures specified in Sec. 265.1084(c) of this subpart. 
Thereafter, the owner or operator shall perform a new determination 
whenever changes to the hazardous waste managed in the tank could 
potentially cause the maximum organic vapor pressure to increase to a 
level that is equal to or greater than the maximum organic vapor 
pressure limit for the tank design capacity category specified in 
paragraph (b)(1)(i) of this section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the hazardous waste 
in the tank. The fixed roof may be a separate cover installed on the 
tank (e.g., a removable cover mounted on an open-top tank) or may be an 
integral part of the tank structural design (e.g., a horizontal 
cylindrical tank equipped with a hatch).
    (ii) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (iii) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
    (A) Equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever hazardous waste is managed in 
the tank, except as provided for in paragraphs (c)(2)(iii)(B)(1) and (2) 
of this section.

[[Page 754]]

    (1) During periods it is necessary to provide access to the tank for 
performing the activities of paragraph (c)(2)(iii)(B)(2) of this 
section, venting of the vapor headspace underneath the fixed roof to the 
control device is not required, opening of closure devices is allowed, 
and removal of the fixed roof is allowed. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, and resume 
operation of the control device.
    (2) During periods of routine inspection, maintenance, or other 
activities needed for normal operations, and for the removal of 
accumulated sludge or other residues from the bottom of the tank.
    (iv) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste to 
the atmosphere, to the extent practical, and will maintain the integrity 
of the fixed roof and closure devices throughout their intended service 
life. Factors to be considered when selecting the materials for and 
designing the fixed roof and closure devices shall include: Organic 
vapor permeability, the effects of any contact with the hazardous waste 
or its vapors managed in the tank; the effects of outdoor exposure to 
wind, moisture, and sunlight; and the operating practices used for the 
tank on which the fixed roof is installed.
    (3) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position 
except as follows:
    (i) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample the liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of tank.
    (ii) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the tank internal pressure in accordance with the tank 
design specifications. The device shall be designed to operate with no 
detectable organic emissions when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the tank 
internal pressure is within the internal pressure operating range 
determined by the owner or operator based on the tank manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitable, explosive, reactive, or 
hazardous materials. Examples of normal operating conditions that may 
require these devices to open are during those times when the tank 
internal pressure exceeds the internal pressure operating range for the 
tank as a result of loading operations or diurnal ambient temperature 
fluctuations.
    (iii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (4) The owner or operator shall inspect the air emission control 
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the fixed

[[Page 755]]

roof and its closure devices on or before the date that the tank becomes 
subject to this section. Thereafter, the owner or operator shall perform 
the inspections at least once every year except under the special 
conditions provided for in paragraph (l) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (d) Owners and operators controlling air pollutant emissions from a 
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The owner or operator who controls air pollutant emissions from 
a tank using a fixed-roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (e)(3) of this 
section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec. 265.1081 of this subpart; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.
    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim space vents are 
to be set to open only when

[[Page 756]]

the internal floating roof is not floating or when the pressure beneath 
the rim exceeds the manufacturer's recommended setting.
    (3) The owner or operator shall inspect the internal floating roof 
in accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: The internal floating roof is not floating on the surface of the 
liquid inside the tank; liquid has accumulated on top of the internal 
floating roof; any portion of the roof seals have detached from the roof 
rim; holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the hazardous waste surface from the 
atmosphere; or the slotted membrane has more than 10 percent open area.
    (ii) The owner or operator shall inspect the internal floating roof 
components as follows except as provided in paragraph (e)(3)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years.
    (iii) As an alternative to performing the inspections specified in 
paragraph (e)(3)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
owner or operator may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every 5 years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or 
(e)(3)(iii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each visual inspection of an internal floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the owner or operator so that it is received by the 
Regional Administrator at least 30 calendar days before refilling the 
tank except when an inspection is not planned as provided for in 
paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 calendar 
days before refilling of the tank. This notification may be made by 
telephone and immediately followed by a written explanation for why the 
inspection is unplanned. Alternatively, written notification, including 
the explanation for the unplanned inspection, may be sent so that it is 
received by the Regional Administrator at least 7 calendar days before 
refilling the tank.
    (v) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (vi) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (4) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any tank complying with 
the requirements of paragraph (e) of this section.
    (f) The owner or operator who controls air pollutant emissions from 
a tank using an external floating roof shall meet the requirements 
specified in paragraphs (f)(1) through (f)(3) of this section.
    (1) The owner or operator shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.

[[Page 757]]

    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in Sec. 265.1081 of this subpart. The total area 
of the gaps between the tank wall and the primary seal shall not exceed 
212 square centimeters (cm\2\) per meter of tank diameter, and the width 
of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank 
diameter, and the width of any portion of these gaps shall not exceed 
1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float well shall be equipped 
with a cover designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vent shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the liquid surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The owner or operator shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be secured and 
maintained in a closed position at all times except when the closure 
device must be open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank

[[Page 758]]

in a continuous fashion except during inspections.
    (3) The owner or operator shall inspect the external floating roof 
in accordance with the procedures specified as follows:
    (i) The owner or operator shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The owner or operator shall perform measurements of gaps between 
the tank wall and the primary seal within 60 calendar days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years.
    (B) The owner or operator shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 calendar days after 
initial operation of the tank following installation of the floating 
roof and, thereafter, at least once every year.
    (C) If a tank ceases to hold hazardous waste for a period of 1 year 
or more, subsequent introduction of hazardous waste into the tank shall 
be considered an initial operation for the purposes of paragraphs 
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
    (D) The owner or operator shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually using 
the following procedure:
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) diameter 
uniform probe passes freely (without forcing or binding against the 
seal) between the seal and the wall of the tank and measure the 
circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (f)(3) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for the seal type as specified in paragraph (f)(1)(ii) of this 
section.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in paragraph (f)(1)(ii) of this section, the owner or 
operator shall repair the defect in accordance with the requirements of 
paragraph (k) of this section.
    (F) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (ii) The owner or operator shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to: Holes, tears, or other openings in the rim seal or seal fabric of 
the floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (B) The owner or operator shall perform an initial inspection of the 
external floating roof and its closure devices on or before the date 
that the tank becomes subject to this section. Thereafter, the owner or 
operator shall perform the inspections at least once every year except 
for the special conditions provided for in paragraph (l) of this 
section.
    (C) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (D) The owner or operator shall maintain a record of the inspection 
in

[[Page 759]]

accordance with the requirements specified in Sec. 265.1090(b) of this 
subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(f)(3)(ii) of this section, the owner or operator shall notify the 
Regional Administrator in advance of each inspection to provide the 
Regional Administrator with the opportunity to have an observer present 
during the inspection. The owner or operator shall notify the Regional 
Administrator of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal 
gaps as required under paragraph (f)(3)(i) of this section, written 
notification shall be prepared and sent by the owner or operator so that 
it is received by the Regional Administrator at least 30 calendar days 
before the date the measurements are scheduled to be performed.
    (B) Prior to each visual inspection of an external floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the owner or operator so that it is received by the 
Regional Administrator at least 30 calendar days before refilling the 
tank except when an inspection is not planned as provided for in 
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the owner or 
operator could not have known about the inspection 30 calendar days 
before refilling the tank, the owner or operator shall notify the 
Regional Administrator as soon as possible, but no later than 7 calendar 
days before refilling of the tank. This notification may be made by 
telephone and immediately followed by a written explanation for why the 
inspection is unplanned. Alternatively, written notification, including 
the explanation for the unplanned inspection, may be sent so that it is 
received by the Regional Administrator at least 7 calendar days before 
refilling the tank.
    (4) Safety devices, as defined in 40 CFR 265.1081, may be installed 
and operated as necessary on any tank complying with the requirements of 
paragraph (f) of this section.
    (g) The owner or operator who controls air pollutant emissions from 
a tank by venting the tank to a control device shall meet the 
requirements specified in paragraphs (g)(1) through (g)(3) of this 
section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous waste to 
the atmosphere, to the extent practical, and will maintain the integrity 
of the fixed roof and closure devices throughout their intended service 
life. Factors to be considered when selecting the materials for and 
designing the fixed roof and closure devices shall include: Organic 
vapor permeability, the effects of any contact with the liquid and its 
vapor managed in the tank; the effects of outdoor exposure to wind, 
moisture, and sunlight; and the operating practices used for the tank on 
which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 265.1088 of this 
subpart.
    (2) Whenever a hazardous waste is in the tank, the fixed roof shall 
be installed with each closure device secured in the closed position and 
the

[[Page 760]]

vapor headspace underneath the fixed roof vented to the control device 
except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the owner or operator shall promptly secure the closure device 
in the closed position or reinstall the cover, as applicable, to the 
tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of a tank.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the owner or operator to check for defects that could 
result in air pollutant emissions. Defects include, but are not limited 
to, visible cracks, holes, or gaps in the roof sections or between the 
roof and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the procedures 
specified in Sec. 265.1088 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the tank 
becomes subject to this section. Thereafter, the owner or operator shall 
perform the inspections at least once every year except for the special 
conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(b) of 
this subpart.
    (h) The owner or operator who controls air pollutant emissions by 
using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 265.1084(d) of this subpart.
    (3) Whenever a hazardous waste is in the tank, the tank shall be 
operated as a closed system that does not vent to the atmosphere except 
under either of the following conditions as specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 265.1081 of this subpart, is required to avoid an unsafe 
condition.
    (ii) At those times when purging of inerts from the tank is required 
and the purge stream is routed to a closed-vent system and control 
device designed and operated in accordance with the requirements of 
Sec. 265.1088 of this subpart.
    (i) The owner or operator who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (i)(4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker

[[Page 761]]

access; passage of material into or out of the enclosure by conveyor, 
vehicles, or other mechanical means; entry of permanent mechanical or 
electrical equipment; or direct airflow into the enclosure. The owner or 
operator shall perform the verification procedure for the enclosure as 
specified in Section 5.0 to ``Procedure T--Criteria for and Verification 
of a Permanent or Temporary Total Enclosure'' initially when the 
enclosure is first installed and, thereafter, annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec. 265.1088 of this subpart.
    (3) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any enclosure, closed-vent 
system, or control device used to comply with the requirements of 
paragraphs (i)(1) and (i)(2) of this section.
    (4) The owner or operator shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 265.1088 of this 
subpart.
    (j) The owner or operator shall transfer hazardous waste to a tank 
subject to this section in accordance with the following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(j)(2) of this section, to the tank from another tank subject to this 
section or from a surface impoundment subject to Sec. 265.1086 of this 
subpart shall be conducted using continuous hard-piping or another 
closed system that does not allow exposure of the hazardous waste to the 
atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (j)(1) of this section do not 
apply when transferring a hazardous waste to the tank under any of the 
following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 265.1083(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 265.1083(c)(2) of 
this subpart.
    (iii) The hazardous waste meets the requirements of Sec. 
265.1083(c)(4) of this subpart.
    (k) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of 
paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the tank and no alternative tank 
capacity is available at the site to accept the hazardous waste normally 
managed in the tank. In this case, the owner or operator shall repair 
the defect the next time the process or unit that is generating the 
hazardous waste managed in the tank stops operation. Repair of the 
defect shall be completed before the process or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would expose 
a worker to dangerous, hazardous, or other unsafe conditions, then the 
owner or operator may designate a cover as an ``unsafe to inspect and 
monitor cover'' and comply with all of the following requirements:
    (i) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.

[[Page 762]]

    (ii) Develop and implement a written plan and schedule to inspect 
and monitor the cover, using the procedures specified in the applicable 
section of this subpart, as frequently as practicable during those times 
when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely 
underground, an owner or operator is required to inspect and monitor, as 
required by the applicable provisions of this section, only those 
portions of the tank cover and those connections to the tank (e.g., fill 
ports, access hatches, gauge wells, etc.) that are located on or above 
the ground surface.

[61 FR 59979, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64 
FR 3391, Jan. 21, 1999; 71 FR 40276, July 14, 2006]



Sec. 265.1086  Standards: Surface impoundments.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from surface impoundments for which Sec. 
265.1083(b) of this subpart references the use of this section for such 
air emission control.
    (b) The owner or operator shall control air pollutant emissions from 
the surface impoundment by installing and operating either of the 
following:
    (1) A floating membrane cover in accordance with the provisions 
specified in paragraph (c) of this section; or
    (2) A cover that is vented through a closed-vent system to a control 
device in accordance with the requirements specified in paragraph (d) of 
this section.
    (c) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a floating membrane cover shall meet the 
requirements specified in paragraphs (c)(1) through (c)(3) of this 
section.
    (1) The surface impoundment shall be equipped with a floating 
membrane cover designed to meet the following specifications:
    (i) The floating membrane cover shall be designed to float on the 
liquid surface during normal operations and form a continuous barrier 
over the entire surface area of the liquid.
    (ii) The cover shall be fabricated from a synthetic membrane 
material that is either:
    (A) High density polyethylene (HDPE) with a thickness no less than 
2.5 millimeters (mm); or
    (B) A material or a composite of different materials determined to 
have both organic permeability properties that are equivalent to those 
of the material listed in paragraph (c)(1)(ii)(A) of this section and 
chemical and physical properties that maintain the material integrity 
for the intended service life of the material.
    (iii) The cover shall be installed in a manner such that there are 
no visible cracks, holes, gaps, or other open spaces between cover 
section seams or between the interface of the cover edge and its 
foundation mountings.
    (iv) Except as provided for in paragraph (c)(1)(v) of this section, 
each opening in the floating membrane cover shall be equipped with a 
closure device designed to operate such that when the closure device is 
secured in the closed position there are no visible cracks, holes, gaps, 
or other open spaces in the closure device or between the perimeter of 
the cover opening and the closure device.
    (v) The floating membrane cover may be equipped with one or more 
emergency cover drains for removal of stormwater. Each emergency cover 
drain shall be equipped with a slotted membrane fabric cover that covers 
at least 90 percent of the area of the opening or a flexible fabric 
sleeve seal.
    (vi) The closure devices shall be made of suitable materials that 
will minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, and will maintain the integrity of the closure devices 
throughout their intended service life. Factors to be considered when 
selecting the materials of construction and designing the cover and 
closure devices shall include: Organic vapor permeability; the effects 
of any contact with the liquid and its vapor managed in the surface 
impoundment; the effects of outdoor exposure to wind, moisture, and 
sunlight; and the operating practices used for the surface impoundment 
on which the floating membrane cover is installed.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
floating

[[Page 763]]

membrane cover shall float on the liquid and each closure device shall 
be secured in the closed position except as follows:
    (i) Opening of closure devices or removal of the cover is allowed at 
the following times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample the liquid in the surface 
impoundment, or when a worker needs to open a hatch to maintain or 
repair equipment. Following completion of the activity, the owner or 
operator shall promptly replace the cover and secure the closure device 
in the closed position, as applicable.
    (B) To remove accumulated sludge or other residues from the bottom 
of surface impoundment.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect the floating membrane cover 
in accordance with the following procedures:
    (i) The floating membrane cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams or 
between the interface of the cover edge and its foundation mountings; 
broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices.
    (ii) The owner or operator shall perform an initial inspection of 
the floating membrane cover and its closure devices on or before the 
date that the surface impoundment becomes subject to this section. 
Thereafter, the owner or operator shall perform the inspections at least 
once every year except for the special conditions provided for in 
paragraph (g) of this section.
    (iii) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(f) of this section.
    (iv) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(c) of 
this subpart.
    (d) The owner or operator who controls air pollutant emissions from 
a surface impoundment using a cover vented to a control device shall 
meet the requirements specified in paragraphs (d)(1) through (d)(3) of 
this section.
    (1) The surface impoundment shall be covered by a cover and vented 
directly through a closed-vent system to a control device in accordance 
with the following requirements:
    (i) The cover and its closure devices shall be designed to form a 
continuous barrier over the entire surface area of the liquid in the 
surface impoundment.
    (ii) Each opening in the cover not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the cover is less than atmospheric pressure when 
the control device is operating, the closure devices shall be designed 
to operate such that when the closure device is secured in the closed 
position there are no visible cracks, holes, gaps, or other open spaces 
in the closure device or between the perimeter of the cover opening and 
the closure device. If the pressure in the vapor headspace underneath 
the cover is equal to or greater than atmospheric pressure when the 
control device is operating, the closure device shall be designed to 
operate with no detectable organic emissions using the procedure 
specified in Sec. 265.1084(d) of this subpart.
    (iii) The cover and its closure devices shall be made of suitable 
materials that will minimize exposure of the hazardous waste to the 
atmosphere, to the extent practical, and will maintain the integrity of 
the cover and closure devices throughout their intended service life. 
Factors to be considered when selecting the materials of construction 
and designing the cover and closure devices shall include: Organic vapor 
permeability; the effects of any contact with the liquid or its vapors 
managed in the surface impoundment; the effects of outdoor exposure to 
wind,

[[Page 764]]

moisture, and sunlight; and the operating practices used for the surface 
impoundment on which the cover is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 265.1088 of this 
subpart.
    (2) Whenever a hazardous waste is in the surface impoundment, the 
cover shall be installed with each closure device secured in the closed 
position and the vapor headspace underneath the cover vented to the 
control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the cover is allowed at the following 
times:
    (A) To provide access to the surface impoundment for performing 
routine inspection, maintenance, or other activities needed for normal 
operations. Examples of such activities include those times when a 
worker needs to open a port to sample liquid in the surface impoundment, 
or when a worker needs to open a hatch to maintain or repair equipment. 
Following completion of the activity, the owner or operator shall 
promptly secure the closure device in the closed position or reinstall 
the cover, as applicable, to the surface impoundment.
    (B) To remove accumulated sludge or other residues from the bottom 
of the surface impoundment.
    (ii) Opening of a safety device, as defined in Sec. 265.1081 of 
this subpart, is allowed at any time conditions require doing so to 
avoid an unsafe condition.
    (3) The owner or operator shall inspect and monitor the air emission 
control equipment in accordance with the following procedures:
    (i) The surface impoundment cover and its closure devices shall be 
visually inspected by the owner or operator to check for defects that 
could result in air pollutant emissions. Defects include, but are not 
limited to, visible cracks, holes, or gaps in the cover section seams or 
between the interface of the cover edge and its foundation mountings; 
broken, cracked, or otherwise damaged seals or gaskets on closure 
devices; and broken or missing hatches, access covers, caps, or other 
closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the owner or operator in accordance with the procedures 
specified in Sec. 265.1088 of this subpart.
    (iii) The owner or operator shall perform an initial inspection of 
the air emission control equipment on or before the date that the 
surface impoundment becomes subject to this section. Thereafter, the 
owner or operator shall perform the inspections at least once every year 
except for the special conditions provided for in paragraph (g) of this 
section.
    (iv) In the event that a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(f) of this section.
    (v) The owner or operator shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 265.1090(c) of 
this subpart.
    (e) The owner or operator shall transfer hazardous waste to a 
surface impoundment subject to this section in accordance with the 
following requirements:
    (1) Transfer of hazardous waste, except as provided in paragraph 
(e)(2) of this section, to the surface impoundment from another surface 
impoundment subject to this section or from a tank subject to Sec. 
265.1085 of this subpart shall be conducted using continuous hard-piping 
or another closed system that does not allow exposure of the waste to 
the atmosphere. For the purpose of complying with this provision, an 
individual drain system is considered to be a closed system when it 
meets the requirements of 40 CFR part 63, subpart RR--National Emission 
Standards for Individual Drain Systems.
    (2) The requirements of paragraph (e)(1) of this section do not 
apply when transferring a hazardous waste to the surface impoundment 
under either of the following conditions:
    (i) The hazardous waste meets the average VO concentration 
conditions specified in Sec. 265.1083(c)(1) of this subpart at the 
point of waste origination.
    (ii) The hazardous waste has been treated by an organic destruction 
or removal process to meet the requirements in Sec. 265.1083(c)(2) of 
this subpart.

[[Page 765]]

    (iii) The hazardous waste meets the requirements of Sec. 
265.1083(c)(4) of this subpart.
    (f) The owner or operator shall repair each defect detected during 
an inspection performed in accordance with the requirements of paragraph 
(c)(3) or (d)(3) of this section as follows:
    (1) The owner or operator shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (f)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
owner or operator determines that repair of the defect requires emptying 
or temporary removal from service of the surface impoundment and no 
alternative capacity is available at the site to accept the hazardous 
waste normally managed in the surface impoundment. In this case, the 
owner or operator shall repair the defect the next time the process or 
unit that is generating the hazardous waste managed in the tank stops 
operation. Repair of the defect shall be completed before the process or 
unit resumes operation.
    (g) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year in the case when inspecting or monitoring the cover would expose a 
worker to dangerous, hazardous, or other unsafe conditions. In this 
case, the owner or operator may designate the cover as an ``unsafe to 
inspect and monitor cover'' and comply with all of the following 
requirements:
    (1) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (2) Develop and implement a written plan and schedule to inspect and 
monitor the cover using the procedures specified in the applicable 
section of this subpart as frequently as practicable during those times 
when a worker can safely access the cover.

[61 FR 59984, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997]



Sec. 265.1087  Standards: Containers.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from containers for which Sec. 265.1083(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) General requirements. (1) The owner or operator shall control 
air pollutant emissions from each container subject to this section in 
accordance with the following requirements, as applicable to the 
container, except when the special provisions for waste stabilization 
processes specified in paragraph (b)(2) of this section apply to the 
container.
    (i) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the owner or operator shall control 
air pollutant emissions from the container in accordance with the 
Container Level 1 standards specified in paragraph (c) of this section.
    (ii) For a container having a design capacity greater than 0.46 m\3\ 
that is not in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 1 standards specified in paragraph (c) of this 
section.
    (iii) For a container having a design capacity greater than 0.46 
m\3\ that is in light material service, the owner or operator shall 
control air pollutant emissions from the container in accordance with 
the Container Level 2 standards specified in paragraph (d) of this 
section.
    (2) When a container having a design capacity greater than 0.1 m\3\ 
is used for treatment of a hazardous waste by a waste stabilization 
process, the owner or operator shall control air pollutant emissions 
from the container in accordance with the Container Level 3 standards 
specified in paragraph (e) of this section at those times during the 
waste stabilization process when the hazardous waste in the container is 
exposed to the atmosphere.
    (c) Container Level 1 standards. (1) A container using Container 
Level 1 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging

[[Page 766]]

hazardous materials for transportation as specified in paragraph (f) of 
this section.
    (ii) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a 
``portable tank'' or bulk cargo container equipped with a screw-type 
cap).
    (iii) An open-top container in which an organic-vapor suppressing 
barrier is placed on or over the hazardous waste in the container such 
that no hazardous waste is exposed to the atmosphere. One example of 
such a barrier is application of a suitable organic-vapor suppressing 
foam.
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers 
and closure devices, as applicable to the container, that are composed 
of suitable materials to minimize exposure of the hazardous waste to the 
atmosphere and to maintain the equipment integrity for as long as it is 
in service. Factors to be considered in selecting the materials of 
construction and designing the cover and closure devices shall include: 
Organic vapor permeability, the effects of contact with the hazardous 
waste or its vapor managed in the container; the effects of outdoor 
exposure of the closure device or cover material to wind, moisture, and 
sunlight; and the operating practices for which the container is 
intended to be used.
    (3) Whenever a hazardous waste is in a container using Container 
Level 1 controls, the owner or operator shall install all covers and 
closure devices for the container, as applicable to the container, and 
secure and maintain each closure device in the closed position except as 
follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
the completion of a batch removal after which no additional material 
will be removed from the container within 15 minutes or the person 
performing the unloading operation leaves the immediate vicinity of the 
container, whichever condition occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine

[[Page 767]]

activities other than transfer of hazardous waste. Examples of such 
activities include those times when a worker needs to open a port to 
measure the depth of or sample the material in the container, or when a 
worker needs to open a manhole hatch to access equipment inside the 
container. Following completion of the activity, the owner or operator 
shall promptly secure the closure device in the closed position or 
reinstall the cover, as applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the container internal pressure in accordance with the 
design specifications of the container. The device shall be designed to 
operate with no detectable organic emissions when the device is secured 
in the closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the internal pressure of the container is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the internal pressure of the container exceeds the internal 
pressure operating range for the container as a result of loading 
operations or diurnal ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in Sec. 265.1081 of this 
subpart, is allowed at any time conditions require doing so to avoid an 
unsafe condition.
    (4) The owner or operator of containers using Container Level 1 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. The 
container visual inspection shall be conducted on or before the date 
that the container is accepted at the facility (i.e., the date the 
container becomes subject to the subpart CC container standards). For 
purposes of this requirement, the date of acceptance is the date of 
signature that the facility owner or operator enters on Item 20 of the 
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA 
Forms 8700-22 and 8700-22A), as required under subpart E of this part, 
at 40 CFR 265.71. If a defect is detected, the owner or operator shall 
repair the defect in accordance with the requirements of paragraph 
(c)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of the 
defect no later than 24 hours after detection, and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the hazardous waste shall be removed from the container and 
the container shall not be used to manage

[[Page 768]]

hazardous waste until the defect is repaired.
    (5) The owner or operator shall maintain at the facility a copy of 
the procedure used to determine that containers with capacity of 0.46 
m\3\ or greater, which do not meet applicable DOT regulations as 
specified in paragraph (f) of this section, are not managing hazardous 
waste in light material service.
    (d) Container Level 2 standards. (1) A container using Container 
Level 2 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions 
as defined in Sec. 265.1081 of this subpart and determined in 
accordance with the procedure specified in paragraph (g) of this 
section.
    (iii) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 
in accordance with the procedure specified in paragraph (h) of this 
section.
    (2) Transfer of hazardous waste in or out of a container using 
Container Level 2 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive or other hazardous materials. Examples of 
container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: A 
submerged-fill pipe or other submerged-fill method to load liquids into 
the container; a vapor-balancing system or a vapor-recovery system to 
collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging the 
transfer line before removing it from the container opening.
    (3) Whenever a hazardous waste is in a container using Container 
Level 2 controls, the owner or operator shall install all covers and 
closure devices for the container, and secure and maintain each closure 
device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous waste or other material to the container as follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the owner or operator shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous waste from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty container as defined in 40 CFR 261.7(b) may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container but the container does not meet the 
conditions to be an empty container as defined in 40 CFR 261.7(b), the 
owner or operator shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
the completion of a batch removal after which no additional material 
will be removed from the container

[[Page 769]]

within 15 minutes or the person performing the unloading operation 
leaves the immediate vicinity of the container, whichever condition 
occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous waste. Examples of such activities include those 
times when a worker needs to open a port to measure the depth of or 
sample the material in the container, or when a worker needs to open a 
manhole hatch to access equipment inside the container. Following 
completion of the activity, the owner or operator shall promptly secure 
the closure device in the closed position or reinstall the cover, as 
applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the internal pressure of the container in accordance with 
the container design specifications. The device shall be designed to 
operate with no detectable organic emission when the device is secured 
in the closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the internal pressure of the container is within the internal pressure 
operating range determined by the owner or operator based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the internal pressure of the container exceeds the internal 
pressure operating range for the container as a result of loading 
operations or diurnal ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in Sec. 265.1081 of this 
subpart, is allowed at any time conditions require doing so to avoid an 
unsafe condition.
    (4) The owner or operator of containers using Container Level 2 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous waste already is in the container 
at the time the owner or operator first accepts possession of the 
container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., does not 
meet the conditions for an empty container as specified in 40 CFR 
261.7(b)), the owner or operator shall visually inspect the container 
and its cover and closure devices to check for visible cracks, holes, 
gaps, or other open spaces into the interior of the container when the 
cover and closure devices are secured in the closed position. The 
container visual inspection shall be conducted on or before the date 
that the container is accepted at the facility (i.e., the date the 
container becomes subject to the subpart CC container standards). For 
purposes of this requirement, the date of acceptance is the date of 
signature that the facility owner or operator enters on Item 20 of the 
Uniform Hazardous Waste Manifest in the appendix to 40 CFR part 262 (EPA 
Forms 8700-22 and 8700-22A), as required under subpart E of this part, 
at Sec. 265.71. If a defect is detected, the owner or operator shall 
repair the defect in accordance with the requirements of paragraph 
(d)(4)(iii) of this section.
    (ii) In the case when a container used for managing hazardous waste 
remains at the facility for a period of 1 year or more, the owner or 
operator shall visually inspect the container and its cover and closure 
devices initially and thereafter, at least once every 12 months, to 
check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. If a defect is detected, the owner or operator 
shall repair the defect in accordance with the requirements of paragraph 
(d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the owner or operator shall make first efforts at repair of the 
defect no later

[[Page 770]]

than 24 hours after detection, and repair shall be completed as soon as 
possible but no later than 5 calendar days after detection. If repair of 
a defect cannot be completed within 5 calendar days, then the hazardous 
waste shall be removed from the container and the container shall not be 
used to manage hazardous waste until the defect is repaired.
    (e) Container Level 3 standards. (1) A container using Container 
Level 3 controls is one of the following:
    (i) A container that is vented directly through a closed-vent system 
to a control device in accordance with the requirements of paragraph 
(e)(2)(ii) of this section.
    (ii) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in accordance 
with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of this 
section.
    (2) The owner or operator shall meet the following requirements, as 
applicable to the type of air emission control equipment selected by the 
owner or operator:
    (i) The container enclosure shall be designed and operated in 
accordance with the criteria for a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a Permanent 
or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. The 
enclosure may have permanent or temporary openings to allow worker 
access; passage of containers through the enclosure by conveyor or other 
mechanical means; entry of permanent mechanical or electrical equipment; 
or direct airflow into the enclosure. The owner or operator shall 
perform the verification procedure for the enclosure as specified in 
Section 5.0 to ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' initially when the enclosure is 
first installed and, thereafter, annually.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 265.1088 of this 
subpart.
    (3) Safety devices, as defined in Sec. 265.1081 of this subpart, 
may be installed and operated as necessary on any container, enclosure, 
closed-vent system, or control device used to comply with the 
requirements of paragraph (e)(1) of this section.
    (4) Owners and operators using Container Level 3 controls in 
accordance with the provisions of this subpart shall inspect and monitor 
the closed-vent systems and control devices as specified in Sec. 
265.1088 of this subpart.
    (5) Owners and operators that use Container Level 3 controls in 
accordance with the provisions of this subpart shall prepare and 
maintain the records specified in Sec. 265.1090(d) of this subpart.
    (6) Transfer of hazardous waste in or out of a container using 
Container Level 3 controls shall be conducted in such a manner as to 
minimize exposure of the hazardous waste to the atmosphere, to the 
extent practical, considering the physical properties of the hazardous 
waste and good engineering and safety practices for handling flammable, 
ignitable, explosive, reactive, or other hazardous materials. Examples 
of container loading procedures that the EPA considers to meet the 
requirements of this paragraph include using any one of the following: A 
submerged-fill pipe or other submerged-fill method to load liquids into 
the container; a vapor-balancing system or a vapor-recovery system to 
collect and control the vapors displaced from the container during 
filling operations; or a fitted opening in the top of a container 
through which the hazardous waste is filled and subsequently purging the 
transfer line before removing it from the container opening.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or 
(d)(1)(i) of this section, containers shall be used that meet the 
applicable U.S. Department of Transportation (DOT) regulations on 
packaging hazardous materials for transportation as follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178--Specifications for Packaging or 49 CFR part 179--
Specifications for Tank Cars.
    (2) Hazardous waste is managed in the container in accordance with 
the applicable requirements specified in 49 CFR part 107, subpart B--
Exemptions; 49 CFR part 172--Hazardous Materials Table, Special 
Provisions, Hazardous

[[Page 771]]

Materials Communications, Emergency Response Information, and Training 
Requirements; 49 CFR part 173--Shippers--General Requirements for 
Shipments and Packages; and 49 CFR part 180--Continuing Qualification 
and Maintenance of Packagings.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed except as 
provided for in paragraph (f)(4) of this section.
    (4) For a lab pack that is managed in accordance with the 
requirements of 49 CFR part 178 for the purpose of complying with this 
subpart, an owner or operator may comply with the exceptions for 
combination packagings specified in 49 CFR 173.12(b).
    (g) To determine compliance with the no detectable organic emissions 
requirements of paragraph (d)(1)(ii) of this section, the procedure 
specified in Sec. 265.1084(d) of this subpart shall be used.
    (1) Each potential leak interface (i.e., a location where organic 
vapor leakage could occur) on the container, its cover, and associated 
closure devices, as applicable to the container, shall be checked. 
Potential leak interfaces that are associated with containers include, 
but are not limited to: The interface of the cover rim and the container 
wall; the periphery of any opening on the container or container cover 
and its associated closure device; and the sealing seat interface on a 
spring-loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a 
material having a volatile organic concentration representative of the 
range of volatile organic concentrations for the hazardous wastes 
expected to be managed in this type of container. During the test, the 
container cover and closure devices shall be secured in the closed 
position.
    (h) Procedure for determining a container to be vapor-tight using 
Method 27 of 40 CFR part 60, appendix A for the purpose of complying 
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision 
of 2.5 mm water and that is capable of measuring 
above the pressure at which the container is to be tested for vapor 
tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.

[61 FR 59986, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64 
FR 3391, Jan. 21, 1999; 71 FR 40276, July 14, 2006]



Sec. 265.1088  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the owner or operator to control air 
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes 
emitted from the hazardous waste in the waste management unit to a 
control device that meets the requirements specified in paragraph (c) of 
this section.
    (2) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in Sec. 265.1033(j) of this 
part.
    (3) In the case when the closed-vent system includes bypass devices 
that could be used to divert the gas or vapor stream to the atmosphere 
before entering the control device, each bypass device shall be equipped 
with either a flow indicator as specified in paragraph (b)(3)(i) of this 
section or a seal or locking device as specified in paragraph (b)(3)(ii) 
of this section. For the purpose of complying with this paragraph, low 
leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, spring-loaded pressure relief valves, and other fittings used for 
safety purposes are not considered to be bypass devices.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a

[[Page 772]]

point upstream of the control device inlet. For this paragraph, a flow 
indicator means a device which indicates the presence of either gas or 
vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(b)(3) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve. The owner or operator 
shall visually inspect the seal or closure mechanism at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
    (4) The closed-vent system shall be inspected and monitored by the 
owner or operator in accordance with the procedure specified in 40 CFR 
265.1033(k).
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:
    (i) A control device designed and operated to reduce the total 
organic content of the inlet vapor stream vented to the control device 
by at least 95 percent by weight;
    (ii) An enclosed combustion device designed and operated in 
accordance with the requirements of Sec. 265.1033(c); or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 265.1033(d).
    (2) The owner or operator who elects to use a closed-vent system and 
control device to comply with the requirements of this section shall 
comply with the requirements specified in paragraphs (c)(2)(i) through 
(c)(2)(vi) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, as 
applicable, shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i), 
(c)(1)(ii), and (c)(1)(iii) of this section for control devices do not 
apply during a control device system malfunction.
    (iv) The owner or operator shall demonstrate compliance with the 
requirements of paragraph (c)(2)(i) of this section (i.e., planned 
routine maintenance of a control device, during which the control device 
does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this section, as applicable, shall not exceed 240 hours 
per year) by recording the information specified in Sec. 
265.1090(e)(1)(v) of this subpart.
    (v) The owner or operator shall correct control device system 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of air pollutants.
    (vi) The owner or operator shall operate the closed-vent system such 
that gases, vapors, and/or fumes are not actively vented to the control 
device during periods of planned maintenance or control device system 
malfunction (i.e., periods when the control device is not operating or 
not operating normally) except in cases when it is necessary to vent the 
gases, vapors, or fumes to avoid an unsafe condition or to implement 
malfunction corrective actions or planned maintenance actions.
    (3) The owner or operator using a carbon adsorption system to comply 
with paragraph (c)(1) of this section shall operate and maintain the 
control device in accordance with the following requirements:
    (i) Following the initial startup of the control device, all 
activated carbon in the control device shall be replaced with fresh 
carbon on a regular basis in accordance with the requirements of Sec. 
265.1033(g) or Sec. 265.1033(h).
    (ii) All carbon that is a hazardous waste and that is removed from 
the control device shall be managed in accordance with the requirements 
of 40 CFR 265.1033(m), regardless of the average volatile organic 
concentration of the carbon.
    (4) An owner or operator using a control device other than a thermal 
vapor

[[Page 773]]

incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system to comply with paragraph (c)(1) of this section shall 
operate and maintain the control device in accordance with the 
requirements of Sec. 265.1033(i).
    (5) The owner or operator shall demonstrate that a control device 
achieves the performance requirements of paragraph (c)(1) of this 
section as follows:
    (i) An owner or operator shall demonstrate using either a 
performance test as specified in paragraph (c)(5)(iii) of this section 
or a design analysis as specified in paragraph (c)(5)(iv) of this 
section the performance of each control device except for the following:
    (A) A flare;
    (B) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is 
introduced with the primary fuel;
    (D) A boiler or industrial furnace burning hazardous waste for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and has designed and operates the unit in accordance with the 
requirements of 40 CFR part 266, subpart H; or
    (E) A boiler or industrial furnace burning hazardous waste for which 
the owner or operator has designed and operates in accordance with the 
interim status requirements of 40 CFR part 266, subpart H.
    (ii) An owner or operator shall demonstrate the performance of each 
flare in accordance with the requirements specified in Sec. 
265.1033(e).
    (iii) For a performance test conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the owner or operator shall use the 
test methods and procedures specified in Sec. 265.1034(c)(1) through 
(c)(4).
    (iv) For a design analysis conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the design analysis shall meet the 
requirements specified in Sec. 265.1035(b)(4)(iii).
    (v) The owner or operator shall demonstrate that a carbon adsorption 
system achieves the performance requirements of paragraph (c)(1) of this 
section based on the total quantity of organics vented to the atmosphere 
from all carbon adsorption system equipment that is used for organic 
adsorption, organic desorption or carbon regeneration, organic recovery, 
and carbon disposal.
    (6) If the owner or operator and the Regional Administrator do not 
agree on a demonstration of control device performance using a design 
analysis then the disagreement shall be resolved using the results of a 
performance test performed by the owner or operator in accordance with 
the requirements of paragraph (c)(5)(iii) of this section. The Regional 
Administrator may choose to have an authorized representative observe 
the performance test.
    (7) The closed-vent system and control device shall be inspected and 
monitored by the owner or operator in accordance with the procedures 
specified in 40 CFR 265.1033(f)(2) and 40 CFR 265.1033(k). The readings 
from each monitoring device required by 40 CFR 265.1033(f)(2) shall be 
inspected at least once each operating day to check control device 
operation. Any necessary corrective measures shall be immediately 
implemented to ensure the control device is operated in compliance with 
the requirements of this section.

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996; 61 
FR 59989, Nov. 25, 1996; 62 FR 64667, Dec. 8, 1997]



Sec. 265.1089  Inspection and monitoring requirements.

    (a) The owner or operator shall inspect and monitor air emission 
control equipment used to comply with this subpart in accordance with 
the applicable requirements specified in Sec. 265.1085 through Sec. 
265.1088 of this subpart.
    (b) The owner or operator shall develop and implement a written plan 
and schedule to perform the inspections and monitoring required by 
paragraph (a) of this section. The owner or operator shall incorporate 
this plan and schedule into the facility inspection plan required under 
40 CFR 265.15.

[61 FR 59990, Nov. 25, 1996]



Sec. 265.1090  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements in 
this subpart shall record and maintain the information specified in 
paragraphs (b)

[[Page 774]]

through (j) of this section, as applicable to the facility. Except for 
air emission control equipment design documentation and information 
required by paragraphs (i) and (j) of this section, records required by 
this section shall be maintained in the operating record for a minimum 
of 3 years. Air emission control equipment design documentation shall be 
maintained in the operating record until the air emission control 
equipment is replaced or otherwise no longer in service. Information 
required by paragraphs (i) and (j) of this section shall be maintained 
in the operating record for as long as the waste management unit is not 
using air emission controls specified in Sec. Sec. 265.1085 through 
265.1088 of this subpart in accordance with the conditions specified in 
Sec. 265.1080(d) or Sec. 265.1080(b)(7) of this subpart, respectively.
    (b) The owner or operator of a tank using air emission controls in 
accordance with the requirements of Sec. 265.1085 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:
    (1) For each tank using air emission controls in accordance with the 
requirements of Sec. 265.1085 of this subpart, the owner or operator 
shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (ii) A record for each inspection required by Sec. 265.1085 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the provisions of Sec. 
265.1085 of this subpart, the owner or operator shall also record the 
reason for the delay and the date that completion of repair of the 
defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the owner or operator shall record the following 
information, as applicable to the tank:
    (i) The owner or operator using a fixed roof to comply with the Tank 
Level 1 control requirements specified in Sec. 265.1085(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous waste in the tank 
performed in accordance with the requirements of Sec. 265.1085(c) of 
this subpart. The records shall include the date and time the samples 
were collected, the analysis method used, and the analysis results.
    (ii) The owner or operator using an internal floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
265.1085(e) of this subpart shall prepare and maintain documentation 
describing the floating roof design.
    (iii) Owners and operators using an external floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
265.1085(f) of this subpart shall prepare and maintain the following 
records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by Sec. 
265.1085(f)(3) of this subpart describing the results of the seal gap 
measurements. The records shall include the date that the measurements 
were performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in Sec. 
265.1085(f)(1) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the tank was emptied, if necessary.
    (iv) Each owner or operator using an enclosure to comply with the 
Tank Level 2 control requirements specified in Sec. 265.1085(i) of this 
subpart shall prepare and maintain the following records:
    (A) 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.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.

[[Page 775]]

    (c) The owner or operator of a surface impoundment using air 
emission controls in accordance with the requirements of Sec. 265.1086 
of this subpart shall prepare and maintain records for the surface 
impoundment that include the following information:
    (1) A surface impoundment identification number (or other unique 
identification description as selected by the owner or operator).
    (2) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment, that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the specifications listed in 
Sec. 265.1086(c) of this subpart.
    (3) A record for each inspection required by Sec. 265.1086 of this 
subpart that includes the following information:
    (i) Date inspection was conducted.
    (ii) For each defect detected during the inspection the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the defect. 
In the event that repair of the defect is delayed in accordance with the 
provisions of Sec. 265.1086(f) of this subpart, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (4) For a surface impoundment equipped with a cover and vented 
through a closed-vent system to a control device, the owner or operator 
shall prepare and maintain the records specified in paragraph (e) of 
this section.
    (d) The owner or operator of containers using Container Level 3 air 
emission controls in accordance with the requirements of Sec. 265.1087 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) 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.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The owner or operator using a closed-vent system and control 
device in accordance with the requirements of Sec. 265.1088 of this 
subpart shall prepare and maintain records that include the following 
information:
    (1) Documentation for the closed-vent system and control device that 
includes:
    (i) Certification that is signed and dated by the owner or operator 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(iii) of this section when the tank, 
surface impoundment, or container is or would be operating at capacity 
or the highest level reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in 40 CFR 265.1035(b)(4). The documentation shall include 
information prepared by the owner or operator or provided by the control 
device manufacturer or vendor that describes the control device design 
in accordance with 40 CFR 265.1035(b)(4)(iii) and certification by the 
owner or operator that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan as 
specified in 40 CFR 265.1035(b)(3) and all test results.
    (iv) Information as required by 40 CFR 265.1035(c)(1) and 40 CFR 
265.1035(c)(2), as applicable.
    (v) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of 
this section for those planned routine maintenance operations that would 
require the control device not to meet the requirements of Sec. 
265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of

[[Page 776]]

maintenance necessary, planned frequency of maintenance, and lengths of 
maintenance periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this subpart, as applicable, due to planned routine 
maintenance.
    (vi) An owner or operator shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for those 
unexpected control device system malfunctions that would require the 
control device not to meet the requirements of Sec. 265.1088 (c)(1)(i), 
(c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is not 
properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 265.1088(c)(3)(ii) 
of this subpart.
    (f) The owner or operator of a tank, surface impoundment, or 
container exempted from standards in accordance with the provisions of 
Sec. 265.1083(c) of this subpart shall prepare and maintain the 
following records, as applicable:
    (1) For tanks, surface impoundments, or containers exempted under 
the hazardous waste organic concentration conditions specified in Sec. 
265.1083(c)(1) or Sec. 265.1083(c)(2)(i) through (c)(2)(vi) of this 
subpart, the owner or operator shall record the information used for 
each waste determination (e.g., test results, measurements, 
calculations, and other documentation) in the facility operating log. If 
analysis results for waste samples are used for the waste determination, 
then the owner or operator shall record the date, time, and location 
that each waste sample is collected in accordance with applicable 
requirements of Sec. 265.1084 of this subpart.
    (2) For tanks, surface impoundments, or containers exempted under 
the provisions of Sec. 265.1083(c)(2)(vii) or Sec. 
265.1083(c)(2)(viii) of this subpart, the owner or operator shall record 
the identification number for the incinerator, boiler, or industrial 
furnace in which the hazardous waste is treated.
    (g) An owner or operator designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 265.1085(l) or Sec. 265.1086(g) of this 
subpart shall record in a log that is kept in the facility operating 
record the following information: The identification numbers for waste 
management units with covers that are designated as ``unsafe to inspect 
and monitor,'' the explanation for each cover stating why the cover is 
unsafe to inspect and monitor, and the plan and schedule for inspecting 
and monitoring each cover.
    (h) The owner or operator of a facility that is subject to this 
subpart and to the control device standards in 40 CFR part 60, subpart 
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance 
with the applicable sections of this subpart by documentation either 
pursuant to this subpart, or pursuant to the provisions of 40 CFR part 
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the 
documentation required by 40 CFR parts 60 or 61 duplicates the 
documentation required by this section.
    (i) For each tank or container not using air emission controls 
specified in Sec. Sec. 265.1085 through 265.1088 of this subpart in 
accordance with the conditions specified in Sec. 265.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds manufactured 
at the facility that meet the conditions specified in Sec. 
265.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed

[[Page 777]]

at the facility in tanks and containers. This description shall include 
the following information:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: A facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: A facility 
identification number for the container or group of containers; the 
purpose and placement of this container, or group of containers, in the 
management train of this hazardous waste; and the procedures used to 
ultimately dispose of the hazardous waste handled in the containers.
    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Sec. Sec. 265.1085 through 265.1088 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous wastes, 
sufficient information shall be provided to explain: How use of the 
required air emission controls on the tanks would affect the tank design 
features and facility operating procedures currently used to prevent an 
undue safety hazard during the management of this hazardous waste in the 
tanks; and why installation of safety devices on the required air 
emission controls, as allowed under this subpart, will not address those 
situations in which evacuation of tanks equipped with these air emission 
controls is necessary and consistent with good engineering and safety 
practices for handling organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of containers equipped with 
these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.
    (j) For each hazardous waste management unit not using air emission 
controls specified in Sec. Sec. 265.1085 through 265.1088 of this 
subpart in accordance with the provisions of Sec. 265.1080(b)(7) of 
this subpart, the owner and operator shall record and maintain the 
following information:
    (1) Certification that the waste management unit is equipped with 
and operating air emission controls in accordance with the requirements 
of an applicable Clean Air Act regulation codified under 40 CFR part 60, 
part 61, or part 63.
    (2) Identification of the specific requirements codified under 40 
CFR part 60, part 61, or part 63 with which the waste management unit is 
in compliance.

[61 FR 59990, Nov. 25, 1996, as amended at 62 FR 64667, Dec. 8, 1997; 71 
FR 40276, July 14, 2006]



Sec. 265.1091  [Reserved]



                    Subpart DD_Containment Buildings

    Source: 57 FR 37268, Aug. 18, 1992, unless otherwise noted.



Sec. 265.1100  Applicability.

    The requirements of this subpart apply to owners or operators who 
store or treat hazardous waste in units designed and operated under 
Sec. 265.1101 of this subpart. The owner or operator is not subject to 
the definition of land disposal in RCRA section 3004(k) provided that 
the unit:
    (a) Is a completely enclosed, self-supporting structure that is 
designed and

[[Page 778]]

constructed of manmade materials of sufficient strength and thickness to 
support themselves, the waste contents, and any personnel and heavy 
equipment that operate within the units, and to prevent failure due to 
pressure gradients, settlement, compression, or uplift, physical contact 
with the hazardous wastes to which they are exposed; climatic 
conditions; and the stresses of daily operation, including the movement 
of heavy equipment within the unit and contact of such equipment with 
containment walls;
    (b) Has a primary barrier that is designed to be sufficiently 
durable to withstand the movement of personnel and handling equipment 
within the unit;
    (c) If the unit is used to manage liquids, has:
    (1) A primary barrier designed and constructed of materials to 
prevent migration of hazardous constituents into the barrier;
    (2) A liquid collection system designed and constructed of materials 
to minimize the accumulation of liquid on the primary barrier; and
    (3) A secondary containment system designed and constructed of 
materials to prevent migration of hazardous constituents into the 
barrier, with a leak detection and liquid collection system capable of 
detecting, collecting, and removing leaks of hazardous constituents at 
the earliest possible time, unless the unit has been granted a variance 
from the secondary containment system requirements under Sec. 
265.1101(b)(4);
    (d) Has controls as needed to prevent fugitive dust emissions; and
    (e) Is designed and operated to ensure containment and prevent the 
tracking of materials from the unit by personnel or equipment.

[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 
FR 40276, July 14, 2006]



Sec. 265.1101  Design and operating standards.

    (a) All containment buildings must comply with the following design 
standards:
    (1) The containment building must be completely enclosed with a 
floor, walls, and a roof to prevent exposure to the elements, (e.g., 
precipitation, wind, run-on), and to assure containment of managed 
wastes.
    (2) The floor and containment walls of the unit, including the 
secondary containment system if required under paragraph (b) of this 
section, must be designed and constructed of materials of sufficient 
strength and thickness to support themselves, the waste contents, and 
any personnel and heavy equipment that operate within the unit, and to 
prevent failure due to pressure gradients, settlement, compression, or 
uplift, physical contact with the hazardous wastes to which they are 
exposed; climatic conditions; and the stresses of daily operation, 
including the movement of heavy equipment within the unit and contact of 
such equipment with containment walls. The unit must be designed so that 
it has sufficient structural strength to prevent collapse or other 
failure. All surfaces to be in contact with hazardous wastes must be 
chemically compatible with those wastes. EPA will consider standards 
established by professional organizations generally recognized by the 
industry such as the American Concrete Institute (ACI) and the American 
Society of Testing Materials (ASTM) in judging the structural integrity 
requirements of this paragraph. If appropriate to the nature of the 
waste management operation to take place in the unit, an exception to 
the structural strength requirement may be made for light-weight doors 
and windows that meet these criteria:
    (i) They provide an effective barrier against fugitive dust 
emissions under paragraph (c)(1)(iv); and
    (ii) The unit is designed and operated in a fashion that assures 
that wastes will not actually come in contact with these openings.
    (3) Incompatible hazardous wastes or treatment reagents must not be 
placed in the unit or its secondary containment system if they could 
cause the unit or secondary containment system to leak, corrode, or 
otherwise fail.
    (4) A containment building must have a primary barrier designed to 
withstand the movement of personnel, waste, and handling equipment in 
the unit during the operating life of the unit and appropriate for the 
physical

[[Page 779]]

and chemical characteristics of the waste to be managed.
    (b) For a containment building used to manage hazardous wastes 
containing free liquids or treated with free liquids (the presence of 
which is determined by the paint filter test, a visual examination, or 
other appropriate means), the owner or operator must include:
    (1) A primary barrier designed and constructed of materials to 
prevent the migration of hazardous constituents into the barrier (e.g. a 
geomembrane covered by a concrete wear surface).
    (2) A liquid collection and removal system to prevent the 
accumulation of liquid on the primary barrier of the containment 
building:
    (i) The primary barrier must be sloped to drain liquids to the 
associated collection system; and
    (ii) Liquids and waste must be collected and removed to minimize 
hydraulic head on the containment system at the earliest practicable 
time that protects human health and the environment.
    (3) A secondary containment system including a secondary barrier 
designed and constructed to prevent migration of hazardous constituents 
into the barrier, and a leak detection system that is capable of 
detecting failure of the primary barrier and collecting accumulated 
hazardous wastes and liquids at the earliest practicable time.
    (i) The requirements of the leak detection component of the 
secondary containment system are satisfied by installation of a system 
that is, at a minimum:
    (A) Constructed with a bottom slope of 1 percent or more; and
    (B) Constructed of a granular drainage material with a hydraulic 
conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 
inches (30.5 cm) or more, or constructed of synthetic or geonet drainage 
materials with a transmissivity of 3 x 10-5 m\2\/sec or more.
    (ii) If treatment is to be conducted in the building, an area in 
which such treatment will be conducted must be designed to prevent the 
release of liquids, wet materials, or liquid aerosols to other portions 
of the building.
    (iii) The secondary containment system must be constructed of 
materials that are chemically resistant to the waste and liquids managed 
in the containment building and of sufficient strength and thickness to 
prevent collapse under the pressure exerted by overlaying materials and 
by any equipment used in the containment building. (Containment 
buildings can serve as secondary containment systems for tanks placed 
within the building under certain conditions. A containment building can 
serve as an external liner system for a tank, provided it meets the 
requirements of Sec. 265.193(e)(1). In addition, the containment 
building must meet the requirements of Sec. 265.193 (b) and (c) to be 
considered an acceptable secondary containment system for a tank.)
    (4) For existing units other than 90-day generator units, the 
Regional Administrator may delay the secondary containment requirement 
for up to two years, based on a demonstration by the owner or operator 
that the unit substantially meets the standards of this Subpart. In 
making this demonstration, the owner or operator must:
    (i) Provide written notice to the Regional Administrator of their 
request by February 18, 1993. This notification must describe the unit 
and its operating practices with specific reference to the performance 
of existing containment systems, and specific plans for retrofitting the 
unit with secondary containment;
    (ii) Respond to any comments from the Regional Administrator on 
these plans within 30 days; and
    (iii) Fulfill the terms of the revised plans, if such plans are 
approved by the Regional Administrator.
    (c) Owners or operators of all containment buildings must:
    (1) Use controls and practices to ensure containment of the 
hazardous waste within the unit; and, at a minimum:
    (i) Maintain the primary barrier to be free of significant cracks, 
gaps, corrosion, or other deterioration that could cause hazardous waste 
to be released from the primary barrier;
    (ii) Maintain the level of the stored/treated hazardous waste within 
the containment walls of the unit so that

[[Page 780]]

the height of any containment wall is not exceeded;
    (iii) Take measures to prevent the tracking of hazardous waste out 
of the unit by personnel or by equipment used in handling the waste. An 
area must be designated to decontaminate equipment and any rinsate must 
be collected and properly managed; and
    (iv) Take measures to control fugitive dust emissions such that any 
openings (doors, windows, vents, cracks, etc.) exhibit no visible 
emissions. In addition, all associated particulate collection devices 
(e.g., fabric filter, electrostatic precipitator) must be operated and 
maintained with sound air pollution control practices. This state of no 
visible emissions must be maintained effectively at all times during 
normal operating conditions, including when vehicles and personnel are 
entering and exiting the unit.
    (2) Obtain and keep on-site a certification by a qualified 
Professional Engineer that the containment building design meets the 
requirements of paragraphs (a), (b), and (c) of this section.
    (3) Throughout the active life of the containment building, if the 
owner or operator detects a condition that could lead to or has caused a 
release of hazardous waste, the owner or operator must repair the 
condition promptly, in accordance with the following procedures.
    (i) Upon detection of a condition that has led to a release of 
hazardous waste (e.g., upon detection of leakage from the primary 
barrier) the owner or operator must:
    (A) Enter a record of the discovery in the facility operating 
record;
    (B) Immediately remove the portion of the containment building 
affected by the condition from service;
    (C) Determine what steps must be taken to repair the containment 
building, remove any leakage from the secondary collection system, and 
establish a schedule for accomplishing the cleanup and repairs; and
    (D) Within 7 days after the discovery of the condition, notify the 
Regional Administrator of the condition, and within 14 working days, 
provide a written notice to the Regional Administrator with a 
description of the steps taken to repair the containment building, and 
the schedule for accomplishing the work.
    (ii) The Regional Administrator will review the information 
submitted, make a determination regarding whether the containment 
building must be removed from service completely or partially until 
repairs and cleanup are complete, and notify the owner or operator of 
the determination and the underlying rationale in writing.
    (iii) Upon completing all repairs and cleanup the owner or operator 
must notify the Regional Administrator in writing and provide a 
verification, signed by a qualified, registered professional engineer, 
that the repairs and cleanup have been completed according to the 
written plan submitted in accordance with paragraph (c)(3)(i)(D) of this 
section.
    (4) Inspect and record in the facility's operating record at least 
once every seven days, except for Performance Track member facilities, 
that must inspect up to once each month, upon approval of the director, 
data gathered from monitoring and leak detection equipment as well as 
the containment building and the area immediately surrounding the 
containment building to detect signs of releases of hazardous waste. To 
apply for reduced inspection frequency, the Performance Track member 
facility must follow the procedures described in Sec. 265.15(b)(5).
    (d) For a containment building that contains both areas with and 
without secondary containment, the owner or operator must:
    (1) Design and operate each area in accordance with the requirements 
enumerated in paragraphs (a) through (c) of this section;
    (2) Take measures to prevent the release of liquids or wet materials 
into areas without secondary containment; and
    (3) Maintain in the facility's operating log a written description 
of the operating procedures used to maintain the integrity of areas 
without secondary containment.
    (e) Notwithstanding any other provision of this subpart, the 
Regional Administrator may waive requirements for secondary containment 
for a permitted containment building where the

[[Page 781]]

owner or operator demonstrates that the only free liquids in the unit 
are limited amounts of dust suppression liquids required to meet 
occupational health and safety requirements, and where containment of 
managed wastes and liquids can be assured without a secondary 
containment system.

[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 
FR 40276, July 14, 2006]



Sec. 265.1102  Closure and post-closure care.

    (a) At closure of a containment building, the owner or operator must 
remove or decontaminate all waste residues, contaminated containment 
system components (liners, etc.), contaminated subsoils, and structures 
and equipment contaminated with waste and leachate, and manage them as 
hazardous waste unless Sec. 261.3(d) of this chapter applies. The 
closure plan, closure activities, cost estimates for closure, and 
financial responsibility for containment buildings must meet all of the 
requirements specified in subparts G and H of this part.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he must close the facility and perform post-closure care in accordance 
with the closure and post-closure requirements that apply to landfills 
(Sec. 265.310). In addition, for the purposes of closure, post-closure, 
and financial responsibility, such a containment building is then 
considered to be a landfill, and the owner or operator must meet all of 
the requirements for landfills specified in subparts G and H of this 
part.



Sec. Sec. 265.1103-265.1110  [Reserved]



       Subpart EE_Hazardous Waste Munitions and Explosives Storage

    Source: 62 FR 6653, Feb. 12, 1997, unless otherwise noted.



Sec. 265.1200  Applicability.

    The requirements of this subpart apply to owners or operators who 
store munitions and explosive hazardous wastes, except as Sec. 265.1 
provides otherwise. (NOTE: Depending on explosive hazards, hazardous 
waste munitions and explosives may also be managed in other types of 
storage units, including containment buildings (40 CFR part 265, subpart 
DD), tanks (40 CFR part 265, subpart J), or containers (40 CFR part 265, 
subpart I); See 40 CFR 266.205 for storage of waste military munitions).



Sec. 265.1201  Design and operating standards.

    (a) Hazardous waste munitions and explosives storage units must be 
designed and operated with containment systems, controls, and 
monitoring, that:
    (1) Minimize the potential for detonation or other means of release 
of hazardous waste, hazardous constituents, hazardous decomposition 
products, or contaminated run-off, to the soil, ground water, surface 
water, and atmosphere;
    (2) Provide a primary barrier, which may be a container (including a 
shell) or tank, designed to contain the hazardous waste;
    (3) For wastes stored outdoors, provide that the waste and 
containers will not be in standing precipitation;
    (4) For liquid wastes, provide a secondary containment system that 
assures that any released liquids are contained and promptly detected 
and removed from the waste area, or vapor detection system that assures 
that any released liquids or vapors are promptly detected and an 
appropriate response taken (e.g., additional containment, such as 
overpacking, or removal from the waste area); and
    (5) Provide monitoring and inspection procedures that assure the 
controls and containment systems are working as designed and that 
releases that may adversely impact human health or the environment are 
not escaping from the unit.
    (b) Hazardous waste munitions and explosives stored under this 
subpart may be stored in one of the following:

[[Page 782]]

    (1) Earth-covered magazines. Earth-covered magazines must be:
    (i) Constructed of waterproofed, reinforced concrete or structural 
steel arches, with steel doors that are kept closed when not being 
accessed;
    (ii) Designed and constructed:
    (A) To be of sufficient strength and thickness to support the weight 
of any explosives or munitions stored and any equipment used in the 
unit;
    (B) To provide working space for personnel and equipment in the 
unit; and
    (C) To withstand movement activities that occur in the unit; and
    (iii) Located and designed, with walls and earthen covers that 
direct an explosion in the unit in a safe direction, so as to minimize 
the propagation of an explosion to adjacent units and to minimize other 
effects of any explosion.
    (2) Above-ground magazines. Above-ground magazines must be located 
and designed so as to minimize the propagation of an explosion to 
adjacent units and to minimize other effects of any explosion.
    (3) Outdoor or open storage areas. Outdoor or open storage areas 
must be located and designed so as to minimize the propagation of an 
explosion to adjacent units and to minimize other effects of any 
explosion.
    (c) Hazardous waste munitions and explosives must be stored in 
accordance with a Standard Operating Procedure specifying procedures to 
ensure safety, security, and environmental protection. If these 
procedures serve the same purpose as the security and inspection 
requirements of 40 CFR 265.14, the preparedness and prevention 
procedures of 40 CFR part 265, subpart C, and the contingency plan and 
emergency procedures requirements of 40 CFR part 265, subpart D, then 
these procedures will be used to fulfill those requirements.
    (d) Hazardous waste munitions and explosives must be packaged to 
ensure safety in handling and storage.
    (e) Hazardous waste munitions and explosives must be inventoried at 
least annually.
    (f) Hazardous waste munitions and explosives and their storage units 
must be inspected and monitored as necessary to ensure explosives safety 
and to ensure that there is no migration of contaminants out of the 
unit.



Sec. 265.1202  Closure and post-closure care.

    (a) At closure of a magazine or unit which stored hazardous waste 
under this subpart, the owner or operator must remove or decontaminate 
all waste residues, contaminated containment system components, 
contaminated subsoils, and structures and equipment contaminated with 
waste, and manage them as hazardous waste unless Sec. 261.3(d) of this 
chapter applies. The closure plan, closure activities, cost estimates 
for closure, and financial responsibility for magazines or units must 
meet all of the requirements specified in subparts G and H of this part, 
except that the owner or operator may defer closure of the unit as long 
as it remains in service as a munitions or explosives magazine or 
storage unit.
    (b) If, after removing or decontaminating all residues and making 
all reasonable efforts to effect removal or decontamination of 
contaminated components, subsoils, structures, and equipment as required 
in paragraph (a) of this section, the owner or operator finds that not 
all contaminated subsoils can be practicably removed or decontaminated, 
he or she must close the facility and perform post-closure care in 
accordance with the closure and post-closure requirements that apply to 
landfills (40 CFR 264.310).



         Sec. Appendix I to Part 265--Recordkeeping Instructions

    The recordkeeping provisions of Sec. 265.73 specify that an owner 
or operator must keep a written operating record at his facility. This 
appendix provides additional instructions for keeping portions of the 
operating record. See Sec. 265.73(b) for additional recordkeeping 
requirements.
    The following information must be recorded, as it becomes available, 
and maintained in the operating record until closure of the facility in 
the following manner:
    Records of each hazardous waste received, treated, stored, or 
disposed of at the facility which include the following:
    (1) A description by its common name and the EPA Hazardous Waste 
Number(s) from part 261 of this chapter which apply to the waste. The 
waste description also must include the waste's physical form, i.e., 
liquid,

[[Page 783]]

sludge, solid, or contained gas. If the waste is not listed in part 261, 
subpart D, of this chapter, the description also must include the 
process that produced it (for example, solid filter cake from production 
of ------, EPA Hazardous Waste Number W051).
    Each hazardous waste listed in part 261, subpart D, of this chapter, 
and each hazardous waste characteristic defined in part 261, subpart C, 
of this chapter, has a four-digit EPA Hazardous Waste Number assigned to 
it. This number must be used for recordkeeping and reporting purposes. 
Where a hazardous waste contains more than one listed hazardous waste, 
or where more than one hazardous waste characteristic applies to the 
waste, the waste description must include all applicable EPA Hazardous 
Waste Numbers.
    (2) The estimated or manifest-reported weight, or volume and 
density, where applicable, in one of the units of measure specified in 
Table 1; and

                                 Table 1
------------------------------------------------------------------------
              Unit of measure                          Code \1\
------------------------------------------------------------------------
Gallons....................................  G
Gallons per Hour...........................  E
Gallons per Day............................  U
Liters.....................................  L
Liters Per Hour............................  H
Liters Per Day.............................  V
Short Tons Per Hour........................  D
Metric Tons Per Hour.......................  W
Short Tons Per Day.........................  N
Metric Tons Per Day........................  S
Pounds Per Hour............................  J
Kilograms Per Hour.........................  R
Cubic Yards................................  Y
Cubic Meters...............................  C
Acres......................................  B
Acre-feet..................................  A
Hectares...................................  Q
Hectare-meter..............................  F
Btu's per Hour.............................  I
Pounds.....................................  P
Short tons.................................  T
Kilograms..................................  K
Tons.......................................  M
------------------------------------------------------------------------
\1\ Single digit symbols are used here for data processing purposes.

    (3) The method(s) (by handling code(s) as specified in Table 2) and 
date(s) of treatment, storage, or disposal.

   Table 2--Handling Codes for Treatment, Storage and Disposal Methods

    Enter the handling code(s) listed below that most closely represents 
the technique(s) used at the facility to treat, store or dispose of each 
quantity of hazardous waste received.

                               1. Storage

S01 Container (barrel, drum, etc.)
S02 Tank
S03 Waste Pile
S04 Surface Impoundment
S05 Drip Pad
S06 Containment Building (Storage)
S99 Other Storage (specify)

                              2. Treatment

(a) Thermal Treatment--

T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet Air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)

(b) Chemical Treatment--

T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)

(c) Physical Treatment--
    (1) Separation of components

T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)

    (2) Removal of Specific Components

T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis

[[Page 784]]

T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)

    (d) Biological Treatment

T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78-T79 [Reserved]

    (e) Boilers and Industrial Furnaces

T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values From Spent 
Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)

(f) Other Treatment

T94 Containment Building (Treatment)

                               3. Disposal

D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)

                            4. Miscellaneous

X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other (specify)

[45 FR 33232, May 19, 1980, as amended at 59 FR 13892, Mar. 24, 1994; 71 
FR 40276, July 14, 2006]



                 Sec. Appendix II to Part 265 [Reserved]



   Sec. Appendix III to Part 265--EPA Interim Primary Drinking Water 
                                Standards

------------------------------------------------------------------------
                Parameter                       Maximum level (mg/l)
------------------------------------------------------------------------
Arsenic..................................  0.05
Barium...................................  1.0
Cadmium..................................  0.01
Chromium.................................  0.05
Fluoride.................................  1.4-2.4
Lead.....................................  0.05
Mercury..................................  0.002
Nitrate (as N)...........................  10
Selenium.................................  0.01
Silver...................................  0.05
Endrin...................................  0.0002
Lindane..................................  0.004
Methoxychlor.............................  0.1
Toxaphene................................  0.005
2,4-D....................................  0.1
2,4,5-TP Silver..........................  0.01
Radium...................................  5 pCi/1
Gross Alpha..............................  15 pCi/1
Gross Beta...............................  4 millirem/yr
Turbidity................................  1/TU
Coliform Bacteria........................  1/100 ml
------------------------------------------------------------------------
[Comment: Turbidity is applicable only to surface water supplies.]



          Sec. Appendix IV to Part 265--Tests for Significance

    As required in Sec. 265.93(b) the owner or operator must use the 
Student's t-test to determine statistically significant changes in the 
concentration or value of an indicator parameter in periodic ground-
water samples when compared to the initial background concentration or 
value of that indicator parameter. The comparison must consider 
individually each of the wells in the monitoring system. For three of 
the indicator parameters (specific conductance, total organic carbon, 
and total organic halogen) a single-tailed Student's t-test must be used 
to test at the 0.01 level of significance for significant increases over 
background. The difference test for pH must be a two-tailed Student's t-
test at the overall 0.01 level of significance.
    The student's t-test involves calculation of the value of a t-
statistic for each comparison of the mean (average) concentration or 
value (based on a minimum of four replicate measurements) of an 
indicator parameter with its initial background concentration or value. 
The calculated value of the t-statistic must then be compared to the 
value of the t-statistic found in a table for t-test of significance at 
the specified level of significance. A calculated value of t which 
exceeds the value of t found in the table indicates a statistically 
significant change in the concentration or value of the indicator 
parameter.

[[Page 785]]

    Formulae for calculation of the t-statistic and tables for t-test of 
significance can be found in most introductory statistics texts.



 Sec. Appendix V to Part 265--Examples of Potentially Incompatible Waste

    Many hazardous wastes, when mixed with other waste or materials at a 
hazardous waste facility, can produce effects which are harmful to human 
health and the environment, such as (1) heat or pressure, (2) fire or 
explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or 
gases, or (5) flammable fumes or gases.
    Below are examples of potentially incompatible wastes, waste 
components, and materials, along with the harmful consequences which 
result from mixing materials in one group with materials in another 
group. The list is intended as a guide to owners or operators of 
treatment, storage, and disposal facilities, and to enforcement and 
permit granting officials, to indicate the need for special precautions 
when managing these potentially incompatible waste materials or 
components.
    This list is not intended to be exhaustive. An owner or operator 
must, as the regulations require, adequately analyze his wastes so that 
he can avoid creating uncontrolled substances or reactions of the type 
listed below, whether they are listed below or not.
    It is possible for potentially incompatible wastes to be mixed in a 
way that precludes a reaction (e.g., adding acid to water rather than 
water to acid) or that neutralizes them (e.g., a strong acid mixed with 
a strong base), or that controls substances produced (e.g., by 
generating flammable gases in a closed tank equipped so that ignition 
can not occur, and burning the gases in an incinerator).
    In the lists below, the mixing of a Group A material with a Group B 
material may have the potential consequence as noted.

------------------------------------------------------------------------
               Group 1-A                            Group 1-B
------------------------------------------------------------------------
Acetylene sludge                         Acid sludge
Alkaline caustic liquids                 Acid and water
Alkaline cleaner                         Battery acid
Alkaline corrosive liquids               Chemical cleaners
Alkaline corrosive battery fluid         Electrolyte, acid
Caustic wastewater                       Etching acid liquid or solvent
Lime sludge and other corrosive
 alkalies
Lime wastewater                          Pickling liquor and other
                                          corrosive acids
Lime and water                           Spent acid
Spent caustic                            Spent mixed acid
                                         Spent sulfuric acid
------------------------------------------------------------------------

    Potential consequences: Heat generation; violent reaction.

------------------------------------------------------------------------
               Group 2-A                            Group 2-B
------------------------------------------------------------------------
Aluminum                                 Any waste in Group 1-A or 1-B
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal
 hydrides
------------------------------------------------------------------------

    Potential consequences: Fire or explosion; generation of flammable 
hydrogen gas.

------------------------------------------------------------------------
               Group 3-A                            Group 3-B
------------------------------------------------------------------------
Alcohols                                 Any concentrated waste in
                                          Groups 1-A or 1-B
Water                                    Calcium
                                         Lithium
                                         Metal hydrides
                                         Potassium
                                         SO2Cl2, SOCl2, PCl3, CH3SiCl3
                                         Other water-reactive waste
------------------------------------------------------------------------

    Potential consequences: Fire, explosion, or heat generation; 
generation of flammable or toxic gases.

------------------------------------------------------------------------
               Group 4-A                            Group 4-B
------------------------------------------------------------------------
Alcohols                                 Concentrated Group 1-A or 1-B
                                          wastes
Aldehydes                                Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and
 solvents
------------------------------------------------------------------------

    Potential consequences: Fire, explosion, or violent reaction.

------------------------------------------------------------------------
               Group 5-A                            Group 5-B
------------------------------------------------------------------------
Spent cyanide and sulfide solutions      Group 1-B wastes
------------------------------------------------------------------------

    Potential consequences: Generation of toxic hydrogen cyanide or 
hydrogen sulfide gas.

------------------------------------------------------------------------
               Group 6-A                            Group 6-B
------------------------------------------------------------------------
Chlorates                                Acetic acid and other organic
                                          acids
Chlorine                                 Concentrated mineral acids
Chlorites                                Group 2-A wastes
Chromic acid                             Group 4-A wastes

[[Page 786]]

 
Hyphochlorites                           Other flammable and combustible
                                          wastes
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
------------------------------------------------------------------------

    Potential consequences: Fire, explosion, or violent reaction.

    Source: ``Law, Regulations, and Guidelines for Handling of Hazardous 
Waste.'' California Department of Health, February 1975.

[45 FR 33232, May 19, 1980, as amended at 71 FR 40276, July 14, 2006]

 Appendix VI to Part 265--Compounds With Henry's Law Constant Less Than 
                                 0.1 Y/X

------------------------------------------------------------------------
                       Compound name                           CAS No.
------------------------------------------------------------------------
Acetaldol..................................................     107-89-1
Acetamide..................................................      60-35-5
2-Acetylaminofluorene......................................      53-96-3
3-Acetyl-5-hydroxypiperidine...............................
3-Acetylpiperidine.........................................     618-42-8
1-Acetyl-2-thiourea........................................     591-08-2
Acrylamide.................................................      79-06-1
Acrylic acid...............................................      79-10-7
Adenine....................................................      73-24-5
Adipic acid................................................     124-04-9
Adiponitrile...............................................     111-69-3
Alachlor...................................................   15972-60-8
Aldicarb...................................................     116-06-3
Ametryn....................................................     834-12-8
4-Aminobiphenyl............................................      92-67-1
4-Aminopyridine............................................     504-24-5
Aniline....................................................      62-53-3
o-Anisidine................................................      90-04-0
Anthraquinone..............................................      84-65-1
Atrazine...................................................    1912-24-9
Benzenearsonic acid........................................      98-05-5
Benzenesulfonic acid.......................................      98-11-3
Benzidine..................................................      92-87-5
Benzo(a)anthracene.........................................      56-55-3
Benzo(k)fluoranthene.......................................     207-08-9
Benzoic acid...............................................      65-85-0
Benzo(g,h,i)perylene.......................................     191-24-2
Benzo(a)pyrene.............................................      50-32-8
Benzyl alcohol.............................................     100-51-6
gamma-BHC..................................................      58-89-9
Bis(2-ethylhexyl)phthalate.................................     117-81-7
Bromochloromethyl acetate..................................
Bromoxynil.................................................    1689-84-5
Butyric acid...............................................     107-92-6
Caprolactam (hexahydro-2H-azepin-2-one)....................     105-60-2
Catechol (o-dihydroxybenzene)..............................     120-80-9
Cellulose..................................................    9004-34-6
Cell wall..................................................
Chlorhydrin (3-Chloro-1,2-propanediol).....................      96-24-2
Chloroacetic acid..........................................      79-11-8
2-Chloroacetophenone.......................................      93-76-5
p-Chloroaniline............................................     106-47-8
p-Chlorobenzophenone.......................................     134-85-0
Chlorobenzilate............................................     510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)......................      59-50-7
3-Chloro-2,5-diketopyrrolidine.............................
Chloro-1,2-ethane diol.....................................
4-Chlorophenol.............................................     106-48-9
Chlorophenol polymers (2-chlorophenol & 4-chlorophenol)....    95-57-8 &
                                                                106-48-9
1-(o-Chlorophenyl)thiourea.................................    5344-82-1
Chrysene...................................................     218-01-9
Citric acid................................................      77-92-9
Creosote...................................................    8001-58-9
m-Cresol...................................................     108-39-4
o-Cresol...................................................      95-48-7
p-Cresol...................................................     106-44-5

[[Page 787]]

 
Cresol (mixed isomers).....................................    1319-77-3
4-Cumylphenol..............................................     27576-86
Cyanide....................................................      57-12-5
4-Cyanomethyl benzoate.....................................
Diazinon...................................................     333-41-5
Dibenzo(a,h)anthracene.....................................      53-70-3
Dibutylphthalate...........................................      84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline).................      95-82-9
2,6-Dichlorobenzonitrile11.................................    1194-65-6
2,6-Dichloro-4-nitroaniline................................      99-30-9
2,5-Dichlorophenol.........................................     333-41-5
3,4-Dichlorotetrahydrofuran................................      3511-19
Dichlorvos (DDVP)..........................................      62-73-7
Diethanolamine.............................................     111-42-2
N,N-Diethylaniline.........................................      91-66-7
Diethylene glycol..........................................     111-46-6
Diethylene glycol dimethyl ether (dimethyl Carbitol).......     111-96-6
Diethylene glycol monobutyl ether (butyl Carbitol).........     112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol             112-15-2
 acetate)..................................................
Diethylene glycol monoethyl ether (Carbitol Cellosolve)....     111-90-0
Diethylene glycol monomethyl ether (methyl Carbitol).......     111-77-3
N,N'-Diethylhydrazine......................................    1615-80-1
Diethyl (4-methylumbelliferyl) thionophosphate.............     299-45-6
Diethyl phosphorothioate...................................     126-75-0
N,N'-Diethylpropionamide...................................   15299-99-7
Dimethoate.................................................      60-51-5
2,3-Dimethoxystrychnidin-10-one............................     357-57-3
4-Dimethylaminoazobenzene..................................      60-11-7
7,12-Dimethylbenz(a)anthracene.............................      57-97-6
3,3-Dimethylbenzidine......................................     119-93-7
Dimethylcarbamoyl chloride.................................      79-44-7
Dimethyldisulfide..........................................     624-92-0
Dimethylformamide..........................................      68-12-2
1,1-Dimethylhydrazine......................................      57-14-7
Dimethylphthalate..........................................     131-11-3
Dimethylsulfone............................................      67-71-0
Dimethylsulfoxide..........................................      67-68-5
4,6-Dinitro-o-cresol.......................................     534-52-1
1,2-Diphenylhydrazine......................................     122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol).................     110-98-5
Endrin.....................................................      72-20-8
Epinephrine................................................      51-43-4
mono-Ethanolamine..........................................     141-43-5
Ethyl carbamate (urethane).................................      5-17-96
Ethylene glycol............................................     107-21-1
Ethylene glycol monobutyl ether (butyl Cellosolve).........     111-76-2
Ethylene glycol monoethyl ether (Cellosolve)...............     110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve             111-15-9
 acetate)..................................................
Ethylene glycol monomethyl ether (methyl Cellosolve).......     109-86-4
Ethylene glycol monophenyl ether (phenyl Cellosolve).......     122-99-6
Ethylene glycol monopropyl ether (propyl Cellosolve).......    2807-30-9
Ethylene thiourea (2-imidazolidinethione)..................      96-45-7
4-Ethylmorpholine..........................................     100-74-3
3-Ethylphenol..............................................     620-17-7
Fluoroacetic acid, sodium salt.............................      62-74-8
Formaldehyde...............................................      50-00-0
Formamide..................................................      75-12-7
Formic acid................................................      64-18-6
Fumaric acid...............................................     110-17-8
Glutaric acid..............................................     110-94-1
Glycerin (Glycerol)........................................      56-81-5
Glycidol...................................................     556-52-5
Glycinamide................................................     598-41-4
Glyphosate.................................................    1071-83-6
Guthion....................................................      86-50-0
Hexamethylene-1,6-diisocyanate (1,6-diisocyanatohexane)....     822-06-0
Hexamethyl phosphoramide...................................     680-31-9
Hexanoic acid..............................................     142-62-1
Hydrazine..................................................     302-01-2
Hydrocyanic acid...........................................      74-90-8
Hydroquinone...............................................     123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)................     109-78-4
Indeno (1,2,3-cd) pyrene...................................     193-39-5
Lead acetate...............................................     301-04-2

[[Page 788]]

 
Lead subacetate (lead acetate, monobasic)..................    1335-32-6
Leucine....................................................      61-90-5
Malathion..................................................     121-75-5
Maleic acid................................................     110-16-7
Maleic anhydride...........................................     108-31-6
Mesityl oxide..............................................     141-79-7
Methane sulfonic acid......................................      75-75-2
Methomyl...................................................   16752-77-5
p-Methoxyphenol............................................     150-76-5
Methyl acrylate............................................      96-33-3
4,4'-Methylene-bis-(2-chloroaniline).......................     101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane           101-68-8
 diisocyanate).............................................
4,4'-Methylenedianiline....................................     101-77-9
Methylene diphenylamine (MDA)..............................
5-Methylfurfural...........................................     620-02-0
Methylhydrazine............................................      60-34-4
Methyliminoacetic acid.....................................
Methyl methane sulfonate...................................      66-27-3
1-Methyl-2-methoxyaziridine................................
Methylparathion............................................     298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl ester).......      77-78-1
4-Methylthiophenol.........................................     106-45-6
Monomethylformamide (N-methylformamide)....................     123-39-7
Nabam......................................................     142-59-6
alpha-Naphthol.............................................      90-15-3
beta-Naphthol..............................................     135-19-3
alpha-Naphthylamine........................................     134-32-7
beta-Naphthylamine.........................................      91-59-8
Neopentyl glycol (dimethylpropane).........................     126-30-7
Niacinamide................................................      98-92-0
o-Nitroaniline.............................................      88-74-4
Nitroglycerin..............................................      55-63-0
2-Nitrophenol..............................................      88-75-5
4-Nitrophenol..............................................     100-02-7
N-Nitrosodimethylamine.....................................      62-75-9
Nitrosoguanidine...........................................     674-81-7
N-Nitroso-n-methylurea.....................................     684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine)..................      59-89-2
Oxalic acid................................................     144-62-7
Parathion..................................................      56-38-2
Pentaerythritol............................................     115-77-5
Phenacetin.................................................      62-44-2
Phenol.....................................................     108-95-2
Phenylacetic acid..........................................     103-82-2
m-Phenylene diamine........................................     108-45-2
o-Phenylene diamine........................................      95-54-5
p-Phenylene diamine........................................     106-50-3
Phenyl mercuric acetate....................................      62-38-4
Phorate....................................................     298-02-2
Phthalic anhydride.........................................      85-44-9
alpha-Picoline (2-methyl pyridine).........................     109-06-8
1,3-Propane sultone........................................    1120-71-4
beta-Propiolactone.........................................      57-57-8
Proporur (Baygon)..........................................
Propylene glycol...........................................      57-55-6
Pyrene.....................................................     129-00-0
Pyridinium bromide.........................................   39416-48-3
Quinoline..................................................      91-22-5
Quinone (p-benzoquinone)...................................     106-51-4
Resorcinol.................................................     108-46-3
Simazine...................................................     122-34-9
Sodium acetate.............................................     127-09-3
Sodium formate.............................................     141-53-7
Strychnine.................................................      57-24-9
Succinic acid..............................................     110-15-6
Succinimide................................................     123-56-8
Sulfanilic acid............................................     121-47-1
Terephthalic acid..........................................     100-21-0
Tetraethyldithiopyrophosphate..............................    3689-24-5
Tetraethylenepentamine.....................................     112-57-2
Thiofanox..................................................   39196-18-4
Thiosemicarbazide..........................................      79-19-6
2,4-Toluenediamine.........................................      95-80-7
2,6-Toluenediamine.........................................     823-40-5

[[Page 789]]

 
3,4-Toluenediamine.........................................     496-72-0
2,4-Toluene diisocyanate...................................     584-84-9
p-Toluic acid..............................................      99-94-5
m-Toluidine................................................     108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane......................      76-13-1
Triethanolamine............................................     102-71-6
Triethylene glycol dimethyl ether..........................
Tripropylene glycol........................................   24800-44-0
Warfarin...................................................      81-81-2
3,4-Xylenol (3,4-dimethylphenol)...........................      95-65-8
------------------------------------------------------------------------


[62 FR 64668, Dec. 8, 1997, as amended at 71 FR 40276, July 14, 2006]


[[Page 791]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 793]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2009)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 794]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   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)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       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 (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)

[[Page 795]]

     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 796]]

         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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 Policy and New Uses, 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 797]]

    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)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

[[Page 798]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 799]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, 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)

[[Page 800]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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 Service, 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 (Parts 900--999)

[[Page 801]]

         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  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, 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)

[[Page 802]]

      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--1699)
         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)

                           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 (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 803]]

       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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)
       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  Employee Benefits Security 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)

[[Page 804]]

       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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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 Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 805]]

        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 Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       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)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 806]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        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 Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       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)
        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 Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            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)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 807]]

       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)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [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 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 808]]

                       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) 
                [Reserved]
         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)

                          Title 46--Shipping

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

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 809]]

        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  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        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 [Reserved]

[[Page 810]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        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  Pipeline and Hazardous Materials Safety 
                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 Homeland Security (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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International 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)

[[Page 811]]

         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 813]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            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                               2, IX; 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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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

[[Page 814]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
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
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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                       5, LXVIII; 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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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, United States      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
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 815]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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                   2, XV; 5, LIV; 40, I, IV, 
                                                  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                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 816]]

  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-Import Bank of the United States           2, XXXV; 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
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               31, IX
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 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 Agency                    12, XII
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

[[Page 817]]

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
  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 Accountability Office                  4, I
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          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  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
  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
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 818]]

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
Industry and Security, Bureau of                  15, VII
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
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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 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 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
Investment Security, Office of                    31, VIII
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                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 819]]

  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
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 Intelligence, Office of Director of      32, XVII
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

[[Page 820]]

National Science Foundation                       2, XXV; 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
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 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
Patent and Trademark Office, United States        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 Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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
[[Page 821]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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                                  2, VI; 22, I; 28, XI
  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                     2, XII; 5, L
  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
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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 Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 822]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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 823]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, 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, 2001, see the ``List of CFR Sections Affected, 1964-
1972, 1973-1985, and 1986-2000,'' published in ten separate volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chapter I
Chapter I Nomenclature change...............................34375, 34376
260.11 (a)(11) amended.............................................34376
261 Request for public comment.....................................35379
261.3 (a)(2)(iii) removed; (a)(2)(iv) revised; (c)(2)(i) amended; 
        (g) and (h) added..........................................27297
    (a)(2)(iv) revised; (g)(4) added...............................50333
    Regulation at 66 FR 50333 eff. date delayed....................60153
261.4 (b)(18) added................................................23624
    (b)(15) revised................................................58297
261.6 (a)(2) introductory text revised; (a)(2)(v) added............28085
261.32 Table amended...............................................58297
261 Appendix IX amended.........21884, 24278, 34376, 41800, 43061, 62975
    Appendix VII amended...........................................58297
264.340 (b)(1) amended; (b)(3) added...............................35106
265.1080 (f)(2)(viii)(H)(2) corrected..............................34376

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
260 Policy statement...............................................52617
260.10 Amended......................................................3024
261 Hazardous waste listing determination..........................16262
    Interpretation; notice of availability of comments.............30811
261.2 (c)(3) revised...............................................11253
261.4 (a)(17) revised..............................................11253
    (a)(20) and (21) added.........................................48413
    (a)(23) and (24) added.........................................78730
261.24 (a) amended.................................................11254
261.39--261.40 (Subpart E) Added...................................78731
261 Appendix IX amended....1895, 1898, 36112, 42196, 48557, 54131, 79877
264 Authority citation revised......................................3024
264.340 (b)(1) revised; (b)(4) added................................6815
264.550--264.555 (Subpart S) Heading revised........................3024
264.550 Added.......................................................3024
264.551 Redesignated from 264.552; section heading and (a) 
        introductory text revised...................................3025
264.552 Redesignated as 264.551; new 264.552 added..................3025
264.554 (a)(1) added................................................3028
264.555 Added.......................................................3028
265.340 (b)(1) revised; (b)(3) added................................6816

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
261 Regulation at 68 FR 32654 withdrawn............................43939
261.4 Regulation at 67 FR 78730 withdrawn...........................8553
261.5 (j) amended..................................................44665

[[Page 824]]

261.39--261.40 (Subpart E) Regulation at 67 FR 78731 withdrawn......8553
261 Appendix IX amended; eff. date 8-1-03.....32654, 44656, 46955, 53520

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
261 Appendix IX amended.................8832, 21757, 30230, 56361, 60669
262.10 (k) added...................................................11813
262.34 (j), (k) and (l) added......................................21753
    262.34 (j)(3)(i), (ii) and (7) revised.........................62224
262.108 Revised....................................................11813
264.1050 (h) added.................................................22661
265.1050 (g) added.................................................22661

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
260.10 Amended.......................................10814, 45520, 53453
260.11 Revised.....................................................34560
    (c)(1), (3)(xxvii) and (d)(1) revised..........................53453
    (a) amended; (c)(1) revised....................................59575
260.21 (d) revised.................................................34561
260.22 (d)(1)(i) revised...........................................34561
261.3 (a)(2)(v) introductory text revised..........................34561
    (a)(2)(iv)(A), (B), (D), (F) and (G) revised...................57784
261.4 (b)(15) revised...............................................9175
    (b)(17) added..................................................36857
261.7 (b)(1)(iii) revised..........................................10815
    (a)(1) revised.................................................53453
261.9 (c) revised..................................................45520
261.21 (a)(1) revised..............................................34561
261.22 (a)(1) and (2) revised......................................34561
261.32 Existing text and table designated as (a); new (a) table 
        amended; (b), (c) and (d) added05...........................9175
    (d)(2) introductory text and (3)(iv)(B) revised................35033
261.35 (b)(2)(iii)(A) and (B) revised..............................34561
261.38 (c)(7) introductory text revised............................34562
261 Appendices VII and VIII amended.................................9177
    Appendix IX amended........21157, 34570, 34581, 42502, 44501, 49190, 
                                              51641, 71002, 71005, 76172
    Appendices I and IX amended; Appendices II and III removed.....34562
    Appendix IX corrected..........................................44150
    Appendix IX corrected; CFR correction..........................60217
262.20 (a) revised.................................................10815
    (a)(2) revised.................................................35037
262.21 Revised.....................................................10815
262.27 Added.......................................................10817
262.32 (b) revised.................................................10817
262.33 Revised.....................................................10817
    Revised........................................................35037
262.34 (m) added...................................................10817
262.54 (c) and (e) revised.........................................10818
262.60 (c) revised; (d) and (e) added..............................10818
262.90 (j) revised.................................................29913
262 Appendix amended........................................10818, 35037
263 Authority citation revised.....................................10820
263.20 (a) and (g) revised.........................................10821
263.21 (b) revised.................................................10821
264 Authority citation revised.....................................10821
264.1 (g)(11)(iii) revised.........................................45520
264.70 Revised.....................................................10821
264.71 (a) and (b)(4) revised; (e) added...........................10821
264.72 Revised.....................................................10822
    (e)(4) revised.................................................35041
264.76 Revised.....................................................10823
264.190 (a) revised................................................34581
264.314 (c) revised................................................34581
264.340 (b)(1) amended; (b)(5) added...............................59575
264.1034 (c)(1)(ii), (iv), (d)(1)(iii) and (f) revised.............34581
264.1063 (d)(2) revised............................................34581
264 Appendix IX revised............................................34582
264 Appendix IX corrected..........................................44151
265 Authority citation revised.....................................10823
265.1 (c)(14)(iii) revised.........................................45520
265.70 Revised.....................................................10823
265.71 (a) and (b)(4) revised; (e) added...........................10823
265.72 Revised.....................................................10823
    (e)(4) revised.................................................35041
265.76 Revised.....................................................10824
265.190 (a) revised................................................34585
265.314 (d) revised................................................34585
265.340 (b)(1) revised.............................................59575
265.1034 (c)(1)(ii), (iv), (d)(1)(iii) and (f) revised.............34586
265.1063 (d)(2) revised............................................34586

[[Page 825]]

265.1081 Amended...................................................34586
265.1084 (a)(3)(ii)(C), (iii), (b)(3)(ii)(C), (iii) and (c)(3)(i) 
        revised....................................................34586

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
260.10 Amended.......................................16902, 40258, 42947
260.22 (a)(1) and (d)(1)(ii) amended...............................40258
260.31 (b)(2) removed; (b)(3) through (8) redesignated as (b)(2) 
        through (7)................................................16902
260.40 (a) amended.................................................40258
260.41 Introductory text amended...................................40258
261 Regulation at 67 FR 79877 withdrawn............................35395
261.2 (c)(1)(i) amended............................................40258
261.3 (a)(2)(i) amended............................................40258
261.4 (a)(9)(iii)(E) and (f)(9) introductory text revised..........16902
261.4 (a)(20)(v), (b)(6)(i)(B), (ii) introductory text, (D), (F), 
        (9), (e)(2)(vi) and (3)(i) amended.........................40258
    (a)(22) added..................................................42948
261.6 (a)(2)(i) through (v) and (c)(2) amended.....................40259
261.21 (a)(3) and (4) revised; Notes 1 through 4 added.............40259
261.24 (b) amended.................................................40259
261.31 (a) table amended...........................................40259
261.32 Table amended...............................................40259
261.33 (e) and (f) amended.........................................40259
261.38 Table 1 and (c)(1)(i)(C)(4) amended.........................40270
    Section transferred from Subpart D to new Subpart E............42949
261.39--261.41 (Subpart E) Added...................................42948
261 Appendix IX amended...............................9726, 28277, 35396
261 Appendices VII and VIII amended................................40271
    Appendix IX amended............................................43071
262.34 (a)(1)(iv) amended..........................................40271
262.53 (b) revised.................................................40271
262.56 (b) revised.................................................40271
262.58 (a)(1) revised..............................................40271
262.70 Amended.....................................................40271
262.81 (k) amended.................................................40271
262.82 (a)(1)(ii) amended..........................................40271
262.83 (b)(1)(i) amended; (b)(2)(i) revised........................40271
262.84 (e) revised.................................................40271
262.87 (a) and (5) introductory text amended.......................40272
262.90 (c)(2)(vii) and (d)(2) amended..............................40272
262.108 Revised; eff. 8-21-06......................................35550
264.1 (g)(2) amended...............................................40272
264.4 Amended......................................................40272
264.13 (b)(7)(iii)(B) amended......................................40272
264.15 (b)(4) amended; (b)(5) added................................16903
264.16 (a)(4) added................................................16903
264.17 (b) introductory text amended...............................40272
264.18 (a)(2)(iii) and (b)(2)(iii) amended.........................40272
264.52 (b) revised.................................................16903
264.56 (i) removed; (j) redesignated as (i)........................16903
264.73 (b) introductory text, (1), (6), (8) and (10) revised; 
        (b)(2) amended; (b)(18) and (19) added.....................16903
264.97 (a)(1) introductory text, (i) and (i)(5) amended............40272
264.98 (d), (g)(2) and (3) revised.................................16904
    (a)(2) and (g)(4)(i) amended...................................40272
264.99 (f) and (g) revised.........................................16904
    (h)(2) introductory text amended...............................40272
264.100 (g) revised................................................16904
264.111 (c) amended................................................40272
264.112 (b)(8) amended.............................................40272
264.113 (e)(5) revised.............................................16904
264.115 Revised....................................................16904
    Amended........................................................40272
264.116 Amended....................................................40272
264.118 (c) amended................................................40272
264.119 (b)(1)(ii) amended.........................................40272
264.120 Revised....................................................16904
264.140 (d)(1) amended.............................................40272
264.142 (b)(2) amended.............................................40272
264.143 (i) revised................................................16905
     (b)(7), (8) and (e)(5) amended................................40272
264.145 (i) revised................................................16905
    (a)(3)(i), (d)(6) and (f)(11) introductory text amended........40272
264.147 (e) revised................................................16905
    (h)(1) amended.................................................40272
264.151 (b), (f) introductory text, (g), (h)(2), (i), (j), (k), 
        (l), (m)(1) and (n)(1) amended.............................40272
264.174 Revised....................................................16905
264.175 (b)(1) amended.............................................40273
264.191 (a) revised; (b)(5)(ii) amended............................16905

[[Page 826]]

264.192 (a) introductory text and (b) introductory text revised....16905
264.193 (a)(2), (3) and (4) removed; (a)(5) redesignated as 
        (a)(2); (a)(1), new (a)(2) and (i)(2) revised..............16905
(c)(4), (d)(4), (e)(2)(ii), (iii), (v)(A), (B), (3)(i), (ii), 
        (g)(1)(iii), (iv) and (2)(i)(A) amended....................40273
264.195 (b) amended; (c) and (d) redesignated as (g) and (h); new 
        (c) through (f) added......................................16906
264.196 (f) amended................................................16906
264.221 (c)(1)(i)(B), (2)(ii), (e)(1), (2)(i)(B) and (C) amended 
                                                                   40273
264.223 (b)(1) amended.............................................40273
264.226 (a)(2) amended.............................................40273
264.251 (c) introductory text revised..............................16906
    (a)(2)(i)(A) amended...........................................40273
264.252 (a) and (b) amended........................................40273
264.259 (b) amended................................................40273
264.280 (b) revised................................................16906
    (c)(7) and (d) introductory text amended.......................40273
264.283 (a) amended................................................40273
264.301 (c)(2) and (e)(2)(i)(B) amended............................40273
264.302 (a) and (b) amended........................................40273
264.304 (b)(1) amended.............................................40273
264.314 (a) removed; (b) through (f) redesignated as (a) through 
        (e); new (a) and (e) introductory text revised.............16906
    (e)(2) amended.................................................40273
264.317 (a) introductory text amended..............................40273
264.343 (a)(2) revised.............................................16906
264.344 (b) amended................................................40273
264.347 (d) revised................................................16907
264.552 (e)(4)(iii), (iv)(F) and (6)(iii)(E) amended...............40273
264.553 (e) introductory text amended..............................40273
264.554 (c)(2) revised.............................................16907
    (a) introductory text amended..................................40273
264.555 (e)(6) amended.............................................40274
264.571 (a), (b) and (c) revised...................................16907
264.573 (a)(4)(ii) and (g) revised.................................16907
    (a)(1), (4)(i), (5), (b) introductory text, (m)(2) and (3) 
amended............................................................40274
264.574 (a) revised................................................16907
264.600 Amended....................................................40274
264.601 (a) introductory text, (b)(11) and (c)(4) amended..........40274
264.1030 (c) amended...............................................40274
264.1033 (f)(2)(vii)(B) amended....................................40274
264.1034 (b)(2) amended............................................40274
264.1035 (c)(4)(i) and (ii) amended................................40274
264.1050 (f) amended...............................................40274
264.1058 (c)(1) amended............................................40274
264.1061 (b)(1) and (d) removed; (b)(2) and (3) redesignated as 
        (b)(1) and (2).............................................16907
264.1062 (a)(2) removed; (a)(1) redesignated as (a)................16907
264.1064 (c)(3) amended............................................40274
264.1080 (a) and (c) amended.......................................40274
264.1090 (c) amended...............................................40274
264.1100 Introductory text revised.................................16907
264.1101 (c)(2) and (4) revised....................................16907
    (b)(3)(iii), (c)(3) introductory text, (i) and (d) 
introductory text amended..........................................40274
264.1102 (a) amended...............................................40274
264 Appendix I amended.............................................40274
265 Authority citation revised.....................................40274
265.1 (c)(4)(i) and (6) amended....................................40274
265.12 (a)(1) amended..............................................40274
265.14 (b)(1) amended..............................................40274
265.15 (b)(4) revised; (b)(5) added................................16908
265.16 (a)(4) added................................................16908
265.16 (b) amended.................................................40274
265.19 (c)(2) amended..............................................40274
265.52 (b) revised.................................................16908
265.56 (i) removed; (j) redesignated as (i)........................16908
    (b) amended....................................................40274
265.73 (b) introductory text, (1), (7) and (8) revised; (b)(2) and 
        (6) amended; (b)(15) added.................................16908
265.90 (d)(1) and (3) revised......................................16909
    (d) introductory text amended..................................40274
265.93 (d)(2) and (5) revised......................................16909
265.110 (b)(4) amended.............................................40274
265.111 (c) amended................................................40275
265.112 (b)(5) and (d)(4) amended..................................40275
265.113 (b) introductory text and (e)(4) amended...................40275
265.113 (e)(5) revised.............................................16909
    (b) introductory text and (e)(4) amended.......................40275
265.115 Revised....................................................16909

[[Page 827]]

265.117 (b) introductory text amended..............................40275
265.119 (b)(1)(ii) amended.........................................40275
265.120 Revised....................................................16909
265.140 (b) introductory text and (2) amended......................40275
265.142 (a) amended................................................40275
265.143 (h) revised................................................16909
265.145 (h) revised................................................16909
    (e)(11) amended................................................40275
265.147 (e) revised................................................16910
    (a)(1)(i) amended; (b)(1)(i) and (ii) added....................40275
265.174 Revised....................................................16910
    Amended........................................................40275
265.191 (a) revised; (b)(5)(ii) amended............................16910
265.192 (a) introductory text and (b) introductory text revised....16910
265.193 (a)(2), (3) and (4) removed; (a)(5) redesignated as 
        (a)(2); (a)(1) and new (a)(2) revised; (i)(2) amended......16910
    (e)(2)(v)(A), (B) and (i)(2) amended...........................40275
265.194 (b)(1) and (2) amended.....................................40275
265.195 (a) amended; (b) and (c) redesignated as (f) and (g); new 
        (b) through (e) added......................................16910
265.196 (f) amended................................................16911
265.197 (b) amended................................................40275
265.201 (c) introductory text revised; (d), (e) and (f) 
        redesignated as (f), (g) and (h); new (d) and (e) added....16911
    (c) introductory text amended..................................40275
265.221 (a) revised................................................16911
    (a), (d)(2)(i)(A) and (B) amended..............................40275
265.223 Redesignated as 265.224....................................16911
265.224 Redesignated from 265.223; (a) revised.....................16911
    (b)(1) amended.................................................40275
265.228 (a)(2)(iii)(D) and (b)(2) amended..........................40275
265.229 (b)(2) removed; (b)(3) and (4) redesignated as (b)(2) and 
        (3)........................................................40275
265.255 (b) amended................................................40275
265.259 (a) amended................................................16911
    (b)(1) amended.................................................40275
265.280 (e) revised................................................16911
    (a)(4) amended.................................................40275
265.281 (a)(1) amended.............................................40275
265.301 (a) revised................................................16911
    (a), (d)(1) and (2)(i)(B) amended..............................40275
265.302 (b) amended................................................40276
265.303 (a) revised................................................16912
    (b)(1) amended.................................................40276
265.312 (a)(1) amended.............................................40276
265.314 (a) removed; (b) through (g) redesignated as (a) through 
        (f); new (a) and (f) introductory text revised.............16912
    (e)(1)(2) and (f)(2) amended...................................40276
265.316 Introductory text, (c) and (d) amended.....................40276
265.405 (a)(1) amended.............................................40276
265.441 (a), (b) and (c) revised...................................16912
    (c) amended....................................................40276
265.443 (a)(4)(ii) and (g) revised.................................16912
    (a)(4)(i) and (b) introductory text amended....................40276
265.444 (a) revised................................................16912
265.445 (b) amended................................................40276
265.1033 (f)(2)(ii) amended........................................40276
265.1035 (b)(2) introductory text, (i) and (c)(4)(i) amended.......40276
265.1061 (b)(1) and (d) removed; (b)(2) and (3) redesignated as 
        (b)(1) and (2).............................................16912
265.1062 (a)(2) removed; (a)(1) redesignated as (a)................16912
265.1063 (b)(4)(ii) amended........................................40276
265.1080 (a) amended...............................................40276
265.1085 (h)(3) introductory text amended..........................40276
265.1087 (b) introductory text designated as (b)(1)................40276
265.1090 (f)(1) amended............................................40276
265.1100 introductory text revised.................................16912
    (d) amended....................................................40276
265.1101 (c)(2) and (4) revised....................................16912
    (b)(3)(i)(B), (iii), (c)(3) introductory text and (d) 
introductory text amended..........................................40276
265 Appendices I, V and VI amended.................................40276

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
260.11 (a) amended; (c)(3)(vii) revised............................39352
261 Appendix IX amended...........................47, 4648, 17031, 31189

[[Page 828]]

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
260 Actions on petitions...........................................70598
260.10 Amended.................................................72, 64757
260.30 Heading, introductory text and (b) revised; (d) and (e) 
        added......................................................64758
260.33 Heading, introductory text and (a) revised; (c) added.......64758
260.34 Added.......................................................64758
260.42 Added.......................................................64759
260.43 Added.......................................................64759
261 Actions on petitions...........................................70598
261.1 (c)(4) revised...............................................64760
261.2 (a)(1), (2), (c)(3) and (4) Table 1 revised..................64760
261.4 (a)(12)(i) revised..............................................72
    (b)(16) removed; eff. 7-25-08..................................35946
    (a)(23), (24) and (25) added...................................64760
    (a)(16) revised................................................77997
261.5 (c)(6) amended; (c)(7) added.................................72954
261.6 (a)(2) introductory text revised; (a)(2)(v) removed..........37860
261.31 (a) table amended; (b)(4) added; eff. 7-7-08................31768
261.38 Revised.....................................................77997
261.140--261.151 (Subpart H) Added.................................64764
261 Appendix IX amended.....................................54715, 59525
262.10 (l) added...................................................72954
262.200--262.216 (Subpart K) Added.................................72954
264.340 (b)(1) amended; (b)(3) revised; (b)(5) removed.............18983

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
260.21 (d) revised.................................................30230
261 Appendix IX amended.......................10683, 17416, 17421, 30230
262.21 (a)(1), (b) introductory text, (8), (h)(1) and (2) revised 
                                                                   30230


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