[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

                                        Title 40

                                 Protection of Environment


                                ________________________

                                  Parts 266 to 299

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     741
      Alphabetical List of Agencies Appearing in the CFR......     761
      List of CFR Sections Affected...........................     771

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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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 
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PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
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Code users may find the text of provisions in effect on any given date 
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the Code prior to the LSA listings at the end of the volume, consult 
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2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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    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 
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    (c) The incorporating document is drafted and submitted for 
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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

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the revision dates of the 50 CFR titles.

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
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-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-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 
72-79, part 80, part 81, parts 82-84, parts 85-96, parts 97-99, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2023.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec.  9.1 of 
this chapter.

    Chapters IV-IX--Regulations issued by the Environmental Protection 
Agency and Department of Justice, Council on Environmental Quality, 
Chemical Safety and Hazard Investigation Board, Environmental Protection 
Agency and Department of Defense; Uniform National Discharge Standards 
for Vessels of the Armed Forces, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering Council appear 
in volume thirty-seven.

    For this volume, Susannah C. Hurley was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 266 to 299)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
266             Standards for the management of specific 
                    hazardous wastes and specific types of 
                    hazardous waste management facilities...           5
267             Standards for owners and operators of 
                    hazardous waste facilities operating 
                    under a standardized permit.............         135
268             Land disposal restrictions..................         171
270             EPA administered permit programs: The 
                    Hazardous Waste Permit Program..........         304
271             Requirements for authorization of State 
                    hazardous waste programs................         390
272             Approved State hazardous waste management 
                    programs................................         416
273             Standards for universal waste management....         473
278             Criteria for the management of granular mine 
                    tailings (chat) in asphalt concrete and 
                    portland cement concrete in 
                    transportation construction projects 
                    funded in whole or in part by Federal 
                    funds...................................         493
279             Standards for the management of used oil....         495
280             Technical standards and corrective action 
                    requirements for owners and operators of 
                    underground storage tanks (UST).........         521
281             Approval of State underground storage tank 
                    programs................................         609
282             Approved underground storage tank programs..         619
283-299

[Reserved]

[[Page 5]]



                  SUBCHAPTER I_SOLID WASTES (CONTINUED)





PART 266_STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES--
Table of Contents



Subparts A-B [Reserved]

  Subpart C_Recyclable Materials Used in a Manner Constituting Disposal

Sec.
266.20 Applicability.
266.21 Standards applicable to generators and transporters of materials 
          used in a manner that constitutes disposal.
266.22 Standards applicable to storers of materials that are to be used 
          in a manner that constitutes disposal who are not the ultimate 
          users.
266.23 Standards applicable to users of materials that are used in a 
          manner that constitutes disposal.

Subparts D-E [Reserved]

   Subpart F_Recyclable Materials Utilized for Precious Metal Recovery

266.70 Applicability and requirements.

           Subpart G_Spent Lead-Acid Batteries Being Reclaimed

266.80 Applicability and requirements.

   Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces

266.100 Applicability.
266.101 Management prior to burning.
266.102 Permit standards for burners.
266.103 Interim status standards for burners.
266.104 Standards to control organic emissions.
266.105 Standards to control particulate matter.
266.106 Standards to control metals emissions.
266.107 Standards to control hydrogen chloride (HCl) and chlorine gas 
          (Cl2) emissions.
266.108 Small quantity on-site burner exemption.
266.109 Low risk waste exemption.
266.110 Waiver of DRE trial burn for boilers.
266.111 Standards for direct transfer.
266.112 Regulation of residues.

Subparts I-L [Reserved]

                      Subpart M_Military Munitions

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

   Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage, 
                 Treatment, Transportation and Disposal

                                  Terms

266.210 What definitions apply to this subpart?

       Storage and Treatment Conditional Exemption and Eligibility

266.220 What does a storage and treatment conditional exemption do?
266.225 What wastes are eligible for the storage and treatment 
          conditional exemption?
266.230 What conditions must you meet for your LLMW to qualify for and 
          maintain a storage and treatment exemption?

                                Treatment

266.235 What waste treatment does the storage and treatment conditional 
          exemption allow?

                      Loss of Conditional Exemption

266.240 How could you lose the conditional exemption for your LLMW and 
          what action must you take?
266.245 If you lose the storage and treatment conditional exemption for 
          your LLMW, can the exemption be reclaimed?

                              Recordkeeping

266.250 What records must you keep at your facility and for how long?

                            Reentry Into RCRA

266.255 When is your LLMW no longer eligible for the storage and 
          treatment conditional exemption?

                          Storage Unit Closure

266.260 Do closure requirements apply to units that stored LLMW prior to 
          the effective date of subpart N?

[[Page 6]]

            Transportation and Disposal Conditional Exemption

266.305 What does the transportation and disposal conditional exemption 
          do?

                               Eligibility

266.310 What wastes are eligible for the transportation and disposal 
          conditional exemption?

                               Conditions

266.315 What are the conditions you must meet for your waste to qualify 
          for and maintain the transportation and disposal exemption?
266.320 What treatment standards must your eligible waste meet?
266.325 Are you subject to the manifest and transportation condition in 
          Sec. 266.315(b)?
266.330 When does the transportation and disposal exemption take effect?
266.335 Where must your exempted waste be disposed of?
266.340 What type of container must be used for disposal of exempted 
          waste?

                              Notification

266.345 Whom must you notify?

                              Recordkeeping

266.350 What records must you keep at your facility and for how long?

        Loss of Transportation and Disposal Conditional Exemption

266.355 How could you lose the transportation and disposal conditional 
          exemption for your waste and what actions must you take?
266.360 If you lose the transportation and disposal conditional 
          exemption for a waste, can the exemption be reclaimed?

Subpart O [Reserved]

                Subpart P_Hazardous Waste Pharmaceuticals

266.500 Definitions for this subpart.
266.501 Applicability.
266.502 Standards for healthcare facilities managing non-creditable 
          hazardous waste pharmaceuticals.
266.503 Standards for healthcare facilities managing potentially 
          creditable hazardous waste pharmaceuticals.
266.504 Healthcare facilities that are very small quantity generators 
          for both hazardous waste pharmaceuticals and non-
          pharmaceutical hazardous waste.
266.505 Prohibition of sewering hazardous waste pharmaceuticals.
266.506 Conditional exemption for hazardous waste pharmaceuticals that 
          are also controlled substances and household hazardous waste 
          pharmaceuticals collected in a take-back event or program.
266.507 Residues of hazardous waste pharmaceuticals in empty containers.
266.508 Shipping non-creditable hazardous waste pharmaceuticals from a 
          healthcare facility or evaluated hazardous waste 
          pharmaceuticals from a reverse distributor.
266.509 Shipping potentially creditable hazardous waste pharmaceuticals 
          from a healthcare facility or a reverse distributor to a 
          reverse distributor.
266.510 Standards for the management of potentially creditable hazardous 
          waste pharmaceuticals and evaluated hazardous waste 
          pharmaceuticals at reverse distributors.

Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions 
          Screening Limits for Metals
Appendix II to Part 266--Tier I Feed Rate Screening Limits for Total 
          Chlorine
Appendix III to Part 266--Tier II Emission Rate Screening Limits for 
          Free Chlorine and Hydrogen Chloride
Appendix IV to Part 266--Reference Air Concentrations
Appendix V to Part 266--Risk Specific Doses (10-5)
Appendix VI to Part 266--Stack Plume Rise
Appendix VII to Part 266--Health-Based Limits for Exclusion of Waste-
          Derived Residues
Appendix VIII to Part 266--Potential PICs for Determination of Exclusion 
          of Waste-Derived Residues
Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
          Regulations
Appendix X to Part 266 [Reserved]
Appendix XI to Part 266--Lead-Bearing Materials That May Be Processed in 
          Exempt Lead Smelters
Appendix XII to Part 266--Nickel or Chromium-Bearing Materials That May 
          Be Processed in Exempt Nickel-Chromium Recovery Furnaces
Appendix XIII to Part 266--Mercury Bearing Wastes That May Be Processed 
          in Exempt Mercury Recovery Units

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017, 6905, 
6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

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

Subparts A-B [Reserved]

[[Page 7]]



  Subpart C_Recyclable Materials Used in a Manner Constituting Disposal



Sec. 266.20  Applicability.

    (a) The regulations of this subpart apply to recyclable materials 
that are applied to or placed on the land:
    (1) Without mixing with any other substance(s); or
    (2) After mixing or combination with any other substance(s). These 
materials will be referred to throughout this subpart as ``materials 
used in a manner that constitutes disposal.''
    (b) Products produced for the general public's use that are used in 
a manner that constitutes disposal and that contain recyclable materials 
are not presently subject to regulation if the recyclable materials have 
undergone a chemical reaction in the course of producing the products so 
as to become inseparable by physical means and if such products meet the 
applicable treatment standards in subpart D of part 268 (or applicable 
prohibition levels in Sec. 268.32 of this chapter or RCRA section 
3004(d), where no treatment standards have been established) for each 
recyclable material (i.e., hazardous waste) that they contain, and the 
recycler complies with Sec. 268.7(b)(6) of this chapter.
    (c) Anti-skid/deicing uses of slags, which are generated from high 
temperature metals recovery (HTMR) processing of hazardous waste K061, 
K062, and F006, in a manner constituting disposal are not covered by the 
exemption in paragraph (b) of this section and remain subject to 
regulation.
    (d) Fertilizers that contain recyclable materials are not subject to 
regulation provided that:
    (1) They are zinc fertilizers excluded from the definition of solid 
waste according to Sec. 261.4(a)(21) of this chapter; or
    (2) They meet the applicable treatment standards in subpart D of 
Part 268 of this chapter for each hazardous waste that they contain.

[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 
36970, Sept. 6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24, 
2002; 77 FR 22232, Apr. 13, 2012]



Sec. 266.21  Standards applicable to generators and transporters
of materials used in a manner that constitutes disposal.

    Generators and transporters of materials that are used in a manner 
that constitutes disposal are subject to the applicable requirements of 
parts 262 and 263 of this chapter, and the notification requirement 
under section 3010 of RCRA.



Sec. 266.22  Standards applicable to storers of materials that 
are to be used in a manner that constitutes disposal who are not
the ultimate users.

    Owners or operators of facilities that store recyclable materials 
that are to be used in a manner that constitutes disposal, but who are 
not the ultimate users of the materials, are regulated under all 
applicable provisions of subparts A through L of parts 264, 265 and 267, 
and parts 270 and 124 of this chapter and the notification requirement 
under section 3010 of RCRA.

[75 FR 13006, Mar. 18, 2010]



Sec. 266.23  Standards applicable to users of materials that are
used in a manner that constitutes disposal.

    (a) Owners or operators of facilities that use recyclable materials 
in a manner that constitutes disposal are regulated under all applicable 
provisions of subparts A through N of parts 124, 264, 265, 268, and 270 
of this chapter and the notification requirement under section 3010 of 
RCRA. (These requirements do not apply to products which contain these 
recyclable materials under the provisions of Sec. 266.20(b) of this 
chapter.)
    (b) The use of waste or used oil or other material, which is 
contaminated with dioxin or any other hazardous waste (other than a 
waste identified solely on the basis of ignitability), for dust 
suppression or road treatment is prohibited.

[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59 
FR 48042, Sept. 19, 1994]

Subparts D-E [Reserved]

[[Page 8]]



   Subpart F_Recyclable Materials Utilized for Precious Metal Recovery



Sec. 266.70  Applicability and requirements.

    (a) The regulations of this subpart apply to recyclable materials 
that are reclaimed to recover economically significant amounts of gold, 
silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any 
combination of these.
    (b) Persons who generate, transport, or store recyclable materials 
that are regulated under this subpart are subject to the following 
requirements:
    (1) Notification requirements under section 3010 of RCRA;
    (2) Subpart B of part 262 (for generators), 40 CFR 263.20 and 263.21 
(for transporters), and 40 CFR 265.71 and 265.72 (for persons who store) 
of this chapter; and
    (3) For precious metals exported to or imported from other countries 
for recovery, 40 CFR part 262, subpart H and 265.12.
    (c) Persons who store recycled materials that are regulated under 
this subpart must keep the following records to document that they are 
not accumulating these materials speculatively (as defined in Sec. 
261.1(c) of this chapter);
    (1) Records showing the volume of these materials stored at the 
beginning of the calendar year;
    (2) The amount of these materials generated or received during the 
calendar year; and
    (3) The amount of materials remaining at the end of the calendar 
year.
    (d) Recyclable materials that are regulated under this subpart that 
are accumulated speculatively (as defined in Sec. 261.1(c) of this 
chapter) are subject to all applicable provisions of parts 262 through 
265, 267, 270, and 124 of this chapter.

[50 FR 666, Jan. 4, 1985, as amended at 61 FR 16315, Apr. 12, 1996; 71 
FR 40277, July 14, 2006; 75 FR 13007, Mar. 18, 2010; 81 FR 85727, Nov. 
28, 2016]



           Subpart G_Spent Lead-Acid Batteries Being Reclaimed



Sec. 266.80  Applicability and requirements.

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

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

[[Page 9]]

 
(4) Will be reclaimed other than       store these batteries    must comply with 40 CFR  are subject to 40 CFR
 through regeneration.                  before you reclaim       266.80(b) and as         parts 261, Sec.
                                        them.                    appropriate other        262.11, and applicable
                                                                 regulatory provisions    provisions under part
                                                                 described in 266.80(b).  268.
(5) Will be reclaimed other than       don't store these        are exempt from 40 CFR   are subject to 40 CFR
 through regeneration.                  batteries before you     parts 262 (except for    parts 261, Sec.
                                        reclaim them.            Sec. 262.11), 263,     262.11, and applicable
                                                                 264, 265, 266, 270,      provisions under part
                                                                 124 of this chapter,     268.
                                                                 and the notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(6) Will be reclaimed through          export these batteries   are exempt from 40 CFR   are subject to 40 CFR
 regeneration or any other means.       for reclamation in a     parts 262 (except for    part 261, Sec.
                                        foreign country.         Sec. 262.11, Sec. 262.11, Sec. 262.18,
                                                                 262.18 and subpart H),   and 40 CFR part 262,
                                                                 263, 264, 265, 266,      subpart H.
                                                                 268, 270, 124 of this
                                                                 chapter, and the
                                                                 notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(7) Will be reclaimed through          Transport these          are exempt from 40 CFR   must comply with
 regeneration or any other means.       batteries in the U.S.    parts 263, 264, 265,     applicable
                                        to export them for       266, 268, 270, 124 of    requirements in 40 CFR
                                        reclamation in a         this chapter, and the    part 262, subpart H.
                                        foreign country.         notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(8) Will be reclaimed other than       Import these batteries   are exempt from 40 CFR   are subject to 40 CFR
 through regeneration.                  from foreign country     parts 262 (except for    parts 261, Sec.
                                        and store these          Sec. 262.11, Sec. 262.11, Sec. 262.18,
                                        batteries but you        262.18 and subpart H),   part 262 subpart H,
                                        aren't the reclaimer.    263, 264, 265, 266,      and applicable
                                                                 270, 124 of this         provisions under part
                                                                 chapter, and the         268.
                                                                 notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
(9) Will be reclaimed other than       Import these batteries   must comply with 40 CFR  are subject to 40 CFR
 through regeneration.                  from foreign country     266.80(b) and as         parts 261, Sec.
                                        and store these          appropriate other        262.11, Sec. 262.18,
                                        batteries before you     regulatory provisions    part 262 subpart H,
                                        reclaim them.            described in 266.80(b).  and applicable
                                                                                          provisions under part
                                                                                          268.
(10) Will be reclaimed other than      Import these batteries   are exempt from 40 CFR   are subject to 40 CFR
 through regeneration.                  from foreign country     parts 262 (except for    parts 261, Sec.
                                        and don't store these    Sec. 262.11, Sec. 262.11, Sec. 262.18,
                                        batteries before you     262.18 and subpart H),   part 262 subpart H,
                                        reclaim them.            263, 264, 265, 266,      and applicable
                                                                 270, 124 of this         provisions under part
                                                                 chapter, and the         268
                                                                 notification
                                                                 requirements at
                                                                 section 3010 of RCRA.
----------------------------------------------------------------------------------------------------------------

    (b) If I store spent lead-acid batteries before I reclaim them but 
not through regeneration, which requirements apply? The requirements of 
paragraph (b) of this section apply to you if you store spent lead-acid 
batteries before you reclaim them, but you don't reclaim them through 
regeneration. The requirements are slightly different depending on your 
RCRA permit status.
    (1) For Interim Status Facilities, you must comply with:
    (i) Notification requirements under section 3010 of RCRA.
    (ii) All applicable provisions in subpart A of part 265 of this 
chapter.
    (iii) All applicable provisions in subpart B of part 265 of this 
chapter except Sec. 265.13 (waste analysis).
    (iv) All applicable provisions in subparts C and D of part 265 of 
this chapter.
    (v) All applicable provisions in subpart E of part 265 of this 
chapter except Sec. Sec. 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies).
    (vi) All applicable provisions in subparts F through L of part 265 
of this chapter.
    (vii) All applicable provisions in parts 270 and 124 of this 
chapter.
    (viii) All applicable provisions in part 267 of this chapter.

[[Page 10]]

    (2) For Permitted Facilities:
    (i) Notification requirements under section 3010 of RCRA.
    (ii) All applicable provisions in subpart A of part 264 of this 
chapter.
    (iii) All applicable provisions in subpart B of part 264 of this 
chapter (but not Sec. 264.13 (waste analysis).
    (iv) All applicable provisions in subparts C and D of part 264 of 
this chapter.
    (v) All applicable provisions in subpart E of part 264 of this 
chapter (but not Sec. 264.71 or Sec. 264.72 (dealing with the use of 
the manifest and manifest discrepancies).
    (vi) All applicable provisions in subparts F through L of part 264 
of this chapter.
    (vii) All applicable provisions in parts 270 and 124 of this 
chapter.
    (viii) All applicable provisions in part 267 of this chapter.

[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006; 
75 FR 13007, Mar. 18, 2010; 75 FR 1261, Jan. 8, 2010; 81 FR 85727, Nov. 
28, 2016; 81 FR 85827, Nov. 28, 2016]



   Subpart H_Hazardous Waste Burned in Boilers and Industrial Furnaces

    Source: 56 FR 7208, Feb. 21, 1991, unless otherwise noted.



Sec. 266.100  Applicability.

    (a) The regulations of this subpart apply to hazardous waste burned 
or processed in a boiler or industrial furnace (as defined in Sec. 
260.10 of this chapter) irrespective of the purpose of burning or 
processing, except as provided by paragraphs (b), (c), (d), (g), and (h) 
of this section. In this subpart, the term ``burn'' means burning for 
energy recovery or destruction, or processing for materials recovery or 
as an ingredient. The emissions standards of Sec. Sec. 266.104, 
266.105, 266.106, and 266.107 apply to facilities operating under 
interim status or under a RCRA permit as specified in Sec. Sec. 266.102 
and 266.103.
    (b) Integration of the MACT standards. (1) Except as provided by 
paragraphs (b)(2), (b)(3), and (b)(4) of this section, the standards of 
this part do not apply to a new hazardous waste boiler or industrial 
furnace 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 boiler or industrial furnace 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 following standards continue to apply:
    (i) If you elect to comply with Sec. 270.235(a)(1)(i) of this 
chapter to minimize emissions of toxic compounds from startup, shutdown, 
and malfunction events, Sec. 266.102(e)(1) requiring operations in 
accordance with the operating requirements specified in the permit at 
all times that hazardous waste is in the unit, and Sec. 
266.102(e)(2)(iii) 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. These 
provisions apply only during startup, shutdown, and malfunction events;
    (ii) The closure requirements of Sec. Sec. 266.102(e)(11) and 
266.103(l);
    (iii) The standards for direct transfer of Sec. 266.111;
    (iv) The standards for regulation of residues of Sec. 266.112; and
    (v) The applicable requirements of subparts A through H, BB and CC 
of parts 264 and 265 of this chapter.
    (3) If you own or operate a boiler or hydrochloric acid production 
furnace that is an area source under Sec. 63.2 of this chapter and you 
elect not to comply with the emission standards under Sec. Sec. 
63.1216, 63.1217, and 63.1218 of this chapter for particulate matter,

[[Page 11]]

semivolatile and low volatile metals, and total chlorine, you also 
remain subject to:
    (i) Section 266.105--Standards to control particulate matter;
    (ii) Section 266.106--Standards to control metals emissions, except 
for mercury; and
    (iii) Section 266.107--Standards to control hydrogen chloride and 
chlorine gas.
    (4) The particulate matter standard of Sec. 266.105 remains in 
effect for boilers that elect to comply with the alternative to the 
particulate matter standard under Sec. Sec. 63.1216(e) and 63.1217(e) 
of this chapter.
    (c) The following hazardous wastes and facilities are not subject to 
regulation under this subpart:
    (1) Used oil burned for energy recovery that is also a hazardous 
waste solely because it exhibits a characteristic of hazardous waste 
identified in subpart C of part 261 of this chapter. Such used oil is 
subject to regulation under part 279 of this chapter;
    (2) Gas recovered from hazardous or solid waste landfills when such 
gas is burned for energy recovery;
    (3) Hazardous wastes that are exempt from regulation under 
Sec. Sec. 261.4 and 261.6(a)(3) (iii) and (iv) of this chapter, and 
hazardous wastes that are subject to the special requirements for 
conditionally exempt small quantity generators under Sec. 261.5 of this 
chapter; and
    (4) Coke ovens, if the only hazardous waste burned is EPA Hazardous 
Waste No. K087, decanter tank tar sludge from coking operations.
    (d) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces, but not including cement 
kilns, aggregate kilns, or halogen acid furnaces burning hazardous 
waste) that process hazardous waste solely for metal recovery are 
conditionally exempt from regulation under this subpart, except for 
Sec. Sec. 266.101 and 266.112.
    (1) To be exempt from Sec. Sec. 266.102 through 266.111, an owner 
or operator of a metal recovery furnace or mercury recovery furnace must 
comply with the following requirements, except that an owner or operator 
of a lead or a nickel-chromium recovery furnace, or a metal recovery 
furnace that burns baghouse bags used to capture metallic dusts emitted 
by steel manufacturing, must comply with the requirements of paragraph 
(d)(3) of this section, and owners or operators of lead recovery 
furnaces that are subject to regulation under the Secondary Lead 
Smelting NESHAP must comply with the requirements of paragraph (h) of 
this section.
    (i) Provide a one-time written notice to the Director indicating the 
following:
    (A) The owner or operator claims exemption under this paragraph;
    (B) The hazardous waste is burned solely for metal recovery 
consistent with the provisions of paragraph (d)(2) of this section;
    (C) The hazardous waste contains recoverable levels of metals; and
    (D) The owner or operator will comply with the sampling and analysis 
and recordkeeping requirements of this paragraph;
    (ii) Sample and analyze the hazardous waste and other feedstocks as 
necessary to comply with the requirements of this paragraph by using 
appropriate methods; and
    (iii) Maintain at the facility for at least three years records to 
document compliance with the provisions of this paragraph including 
limits on levels of toxic organic constituents and Btu value of the 
waste, and levels of recoverable metals in the hazardous waste compared 
to normal nonhazardous waste feedstocks.
    (2) A hazardous waste meeting either of the following criteria is 
not processed solely for metal recovery:
    (i) The hazardous waste has a total concentration of organic 
compounds listed in part 261, appendix VIII, of this chapter exceeding 
500 ppm by weight, as-fired, and so is considered to be burned for 
destruction. The concentration of organic compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment 
that removes or destroys organic constituents. Blending for dilution to 
meet the 500 ppm limit is prohibited and documentation that the waste 
has not been impermissibly diluted must be retained in the records 
required by paragraph (d)(1)(iii) of this section; or

[[Page 12]]

    (ii) The hazardous waste has a heating value of 5,000 Btu/lb or 
more, as-fired, and so is considered to be burned as fuel. The heating 
value of a waste as-generated may be reduced to below the 5,000 Btu/lb 
limit by bona fide treatment that removes or destroys organic 
constituents. Blending for dilution to meet the 5,000 Btu/lb limit is 
prohibited and documentation that the waste has not been impermissibly 
diluted must be retained in the records required by paragraph 
(d)(1)(iii) of this section.
    (3) To be exempt from Sec. Sec. 266.102 through 266.111, an owner 
or operator of a lead or nickel-chromium or mercury recovery furnace 
(except for owners or operators of lead recovery furnaces subject to 
regulation under the Secondary Lead Smelting NESHAP) or a metal recovery 
furnace that burns baghouse bags used to capture metallic dusts emitted 
by steel manufacturing, must provide a one-time written notice to the 
Director identifying each hazardous waste burned and specifying whether 
the owner or operator claims an exemption for each waste under this 
paragraph or paragraph (d)(1) of this section. The owners or operator 
must comply with the requirements of paragraph (d)(1) of this section 
for those wastes claimed to be exempt under that paragraph and must 
comply with the requirements below for those wastes claimed to be exempt 
under this paragraph (d)(3).
    (i) The hazardous wastes listed in appendices XI, XII, and XIII, 
part 266, and baghouse bags used to capture metallic dusts emitted by 
steel manufacturing are exempt from the requirements of paragraph (d)(1) 
of this section, provided that:
    (A) A waste listed in appendix XI of this part must contain 
recoverable levels of lead, a waste listed in appendix XII of this part 
must contain recoverable levels of nickel or chromium, a waste listed in 
appendix XIII of this part must contain recoverable levels of mercury 
and contain less than 500 ppm of 40 CFR part 261, appendix VIII organic 
constituents, and baghouse bags used to capture metallic dusts emitted 
by steel manufacturing must contain recoverable levels of metal; and
    (B) The waste does not exhibit the Toxicity Characteristic of Sec. 
261.24 of this chapter for an organic constituent; and
    (C) The waste is not a hazardous waste listed in subpart D of part 
261 of this chapter because it is listed for an organic constituent as 
identified in appendix VII of part 261 of this chapter; and
    (D) The owner or operator certifies in the one-time notice that 
hazardous waste is burned under the provisions of paragraph (d)(3) of 
this section and that sampling and analysis will be conducted or other 
information will be obtained as necessary to ensure continued compliance 
with these requirements. Sampling and analysis shall be conducted 
according to paragraph (d)(1)(ii) of this section and records to 
document compliance with paragraph (d)(3) of this section shall be kept 
for at least three years.
    (ii) The Director may decide on a case-by-case basis that the toxic 
organic constituents in a material listed in appendix XI, XII, or XIII 
of this part that contains a total concentration of more than 500 ppm 
toxic organic compounds listed in appendix VIII, part 261 of this 
chapter, may pose a hazard to human health and the environment when 
burned in a metal recovery furnace exempt from the requirements of this 
subpart. In that situation, after adequate notice and opportunity for 
comment, the metal recovery furnace will become subject to the 
requirements of this subpart when burning that material. In making the 
hazard determination, the Director will consider the following factors:
    (A) The concentration and toxicity of organic constituents in the 
material; and
    (B) The level of destruction of toxic organic constituents provided 
by the furnace; and
    (C) Whether the acceptable ambient levels established in appendices 
IV or V of this part may be exceeded for any toxic organic compound that 
may be emitted based on dispersion modeling to predict the maximum 
annual average off-site ground level concentration.
    (e) The standards for direct transfer operations under Sec. 266.111 
apply only to facilities subject to the permit standards of Sec. 
266.102 or the interim status standards of Sec. 266.103.

[[Page 13]]

    (f) The management standards for residues under Sec. 266.112 apply 
to any boiler or industrial furnace burning hazardous waste.
    (g) Owners and operators of smelting, melting, and refining furnaces 
(including pyrometallurgical devices such as cupolas, sintering 
machines, roasters, and foundry furnaces) that process hazardous waste 
for recovery of economically significant amounts of the precious metals 
gold, silver, platinum, palladium, iridium, osmium, rhodium, or 
ruthenium, or any combination of these are conditionally exempt from 
regulation under this subpart, except for Sec. 266.112. To be exempt 
from Sec. Sec. 266.101 through 266.111, an owner or operator must:
    (1) Provide a one-time written notice to the Director indicating the 
following:
    (i) The owner or operator claims exemption under this paragraph;
    (ii) The hazardous waste is burned for legitimate recovery of 
precious metal; and
    (iii) The owner or operator will comply with the sampling and 
analysis and recordkeeping requirements of this paragraph; and
    (2) Sample and analyze the hazardous waste as necessary to document 
that the waste contains economically significant amounts of the metals 
and that the treatment recovers economically significant amounts of 
precious metal; and
    (3) Maintain at the facility for at least three years records to 
document that all hazardous wastes burned are burned for recovery of 
economically significant amounts of precious metal.
    (h) Starting June 23, 1997, owners or operators of lead recovery 
furnaces that process hazardous waste for recovery of lead and that are 
subject to regulation under the Secondary Lead Smelting NESHAP, are 
conditionally exempt from regulation under this subpart, except for 
Sec. 266.101. To be exempt, an owner or operator must provide a one-
time notice to the Director identifying each hazardous waste burned and 
specifying that the owner or operator claims an exemption under this 
paragraph. The notice also must state that the waste burned has a total 
concentration of non-metal compounds listed in part 261, appendix VIII, 
of this chapter of less than 500 ppm by weight, as fired and as provided 
in paragraph (d)(2)(i) of this section, or is listed in appendix XI to 
this part 266.

[56 FR 7208, Feb. 21, 1991]

    Editorial note: For Federal Register citations affecting Sec. 
266.100, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 266.101  Management prior to burning.

    (a) Generators. Generators of hazardous waste that is burned in a 
boiler or industrial furnace are subject to part 262 of this chapter.
    (b) Transporters. Transporters of hazardous waste that is burned in 
a boiler or industrial furnace are subject to part 263 of this chapter.
    (c) Storage and treatment facilities. (1) Owners and operators of 
facilities that store or treat hazardous waste that is burned in a 
boiler or industrial furnace are subject to the applicable provisions of 
parts 264, 265, 267 and 270 of this chapter, except as provided by 
paragraph (c)(2) of this section. These standards apply to storage and 
treatment by the burner as well as to storage and treatment facilities 
operated by intermediaries (processors, blenders, distributors, etc.) 
between the generator and the burner.
    (2) Owners and operators of facilities that burn, in an onsite 
boiler or industrial furnace exempt from regulation under the small 
quantity burner provisions of Sec. 266.108, hazardous waste that they 
generate are exempt from the regulations of parts 264, 265, 267 and 270 
of this chapter applicable to storage units for those storage units that 
store mixtures of hazardous waste and the primary fuel to the boiler or 
industrial furnace in tanks that feed the fuel mixture directly to the 
burner. Storage of hazardous waste prior to mixing with the primary fuel 
is subject to regulation as prescribed in paragraph (c)(1) of this 
section.

[56 FR 7208, Feb. 21, 1991, as amended at 57 FR 38564, Aug. 25, 1992; 64 
FR 53075, Sept. 30, 1999; 75 FR 13007, Mar. 18, 2010]

[[Page 14]]



Sec. 266.102  Permit standards for burners.

    (a) Applicability--(1) General. Owners and operators of boilers and 
industrial furnaces burning hazardous waste and not operating under 
interim status must comply with the requirements of this section and 
Sec. Sec. 270.22 and 270.66 of this chapter, unless exempt under the 
small quantity burner exemption of Sec. 266.108.
    (2) Applicability of part 264 standards. Owners and operators of 
boilers and industrial furnaces that burn hazardous waste are subject to 
the following provisions of part 264 of this chapter, except as provided 
otherwise by this subpart:
    (i) In subpart A (General), 264.4;
    (ii) In subpart B (General facility standards), Sec. Sec. 264.11-
264.18;
    (iii) In subpart C (Preparedness and prevention), Sec. Sec. 264.31-
264.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Sec. Sec. 264.51-264.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
the applicable provisions of Sec. Sec. 264.71-264.77;
    (vi) In subpart F (Releases from Solid Waste Management Units), 
Sec. Sec. 264.90 and 264.101;
    (vii) In subpart G (Closure and post-closure), Sec. Sec. 264.111-
264.115;
    (viii) In subpart H (Financial requirements), Sec. Sec. 264.141, 
264.142, 264.143, and 264.147-264.151, except that States and the 
Federal government are exempt from the requirements of subpart H; and
    (ix) Subpart BB (Air emission standards for equipment leaks), except 
Sec. Sec. 264.1050(a).
    (b) Hazardous waste analysis. (1) The owner or operator must provide 
an analysis of the hazardous waste that quantifies the concentration of 
any constituent identified in appendix VIII of part 261 of this chapter 
that may reasonably be expected to be in the waste. Such constituents 
must be identified and quantified if present, at levels detectable by 
using appropriate analytical procedures. The appendix VIII, part 261 
constituents excluded from this analysis must be identified and the 
basis for their exclusion explained. This analysis will be used to 
provide all information required by this subpart and Sec. Sec. 270.22 
and 270.66 of this chapter and to enable the permit writer to prescribe 
such permit conditions as necessary to protect human health and the 
environment. Such analysis must be included as a portion of the part B 
permit application, or, for facilities operating under the interim 
status standards of this subpart, as a portion of the trial burn plan 
that may be submitted before the part B application under provisions of 
Sec. 270.66(g) of this chapter as well as any other analysis required 
by the permit authority in preparing the permit. Owners and operators of 
boilers and industrial furnaces not operating under the interim status 
standards must provide the information required by Sec. Sec. 270.22 or 
270.66(c) of this chapter in the part B application to the greatest 
extent possible.
    (2) Throughout normal operation, the owner or operator must conduct 
sampling and analysis as necessary to ensure that the hazardous waste, 
other fuels, and industrial furnace feedstocks fired into the boiler or 
industrial furnace are within the physical and chemical composition 
limits specified in the permit.
    (c) Emissions standards. Owners and operators must comply with 
emissions standards provided by Sec. Sec. 266.104 through 266.107.
    (d) Permits. (1) The owner or operator may burn only hazardous 
wastes specified in the facility permit and only under the operating 
conditions specified under paragraph (e) of this section, except in 
approved trial burns under the conditions specified in Sec. 270.66 of 
this chapter.
    (2) Hazardous wastes not specified in the permit may not be burned 
until operating conditions have been specified under a new permit or 
permit modification, as applicable. Operating requirements for new 
wastes may be based on either trial burn results or alternative data 
included with part B of a permit application under Sec. 270.22 of this 
chapter.
    (3) Boilers and industrial furnaces operating under the interim 
status standards of Sec. 266.103 are permitted under procedures 
provided by Sec. 270.66(g) of this chapter.

[[Page 15]]

    (4) A permit for a new boiler or industrial furnace (those boilers 
and industrial furnaces not operating under the interim status 
standards) must establish appropriate conditions for each of the 
applicable requirements of this section, including but not limited to 
allowable hazardous waste firing rates and operating conditions 
necessary to meet the requirements of paragraph (e) of this section, in 
order to comply with the following standards:
    (i) For the period beginning with initial introduction of hazardous 
waste and ending with initiation of the trial burn, and only for the 
minimum time required to bring the device to a point of operational 
readiness to conduct a trial burn, not to exceed a duration of 720 hours 
operating time when burning hazardous waste, the operating requirements 
must be those most likely to ensure compliance with the emission 
standards of Sec. Sec. 266.104 through 266.107, based on the Director's 
engineering judgment. If the applicant is seeking a waiver from a trial 
burn to demonstrate conformance with a particular emission standard, the 
operating requirements during this initial period of operation shall 
include those specified by the applicable provisions of Sec. 266.104, 
Sec. 266.105, Sec. 266.106, or Sec. 266.107. The Director may extend 
the duration of this period for up to 720 additional hours when good 
cause for the extension is demonstrated by the applicant.
    (ii) For the duration of the trial burn, the operating requirements 
must be sufficient to demonstrate compliance with the emissions 
standards of Sec. Sec. 266.104 through 266.107 and must be in 
accordance with the approved trial burn plan;
    (iii) For the period immediately following completion of the trial 
burn, and only for the minimum period sufficient to allow sample 
analysis, data computation, submission of the trial burn results by the 
applicant, review of the trial burn results and modification of the 
facility permit by the Director to reflect the trial burn results, the 
operating requirements must be those most likely to ensure compliance 
with the emission standards Sec. Sec. 266.104 through 266.107 based on 
the Director's engineering judgment.
    (iv) For the remaining duration of the permit, the operating 
requirements must be those demonstrated in a trial burn or by 
alternative data specified in Sec. 270.22 of this chapter, as 
sufficient to ensure compliance with the emissions standards of 
Sec. Sec. 266.104 through 266.107.
    (e) Operating requirements--(1) General. A boiler or industrial 
furnace burning hazardous waste must be operated in accordance with the 
operating requirements specified in the permit at all times where there 
is hazardous waste in the unit.
    (2) Requirements to ensure compliance with the organic emissions 
standards--(i) DRE standard. Operating conditions will be specified 
either on a case-by-case basis for each hazardous waste burned as those 
demonstrated (in a trial burn or by alternative data as specified in 
Sec. 270.22) to be sufficient to comply with the destruction and 
removal efficiency (DRE) performance standard of Sec. 266.104(a) or as 
those special operating requirements provided by Sec. 266.104(a)(4) for 
the waiver of the DRE trial burn. When the DRE trial burn is not waived 
under Sec. 266.104(a)(4), each set of operating requirements will 
specify the composition of the hazardous waste (including acceptable 
variations in the physical and chemical properties of the hazardous 
waste which will not affect compliance with the DRE performance 
standard) to which the operating requirements apply. For each such 
hazardous waste, the permit will specify acceptable operating limits 
including, but not limited to, the following conditions as appropriate:
    (A) Feed rate of hazardous waste and other fuels measured and 
specified as prescribed in paragraph (e)(6) of this section;
    (B) Minimum and maximum device production rate when producing normal 
product expressed in appropriate units, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) Appropriate controls of the hazardous waste firing system;
    (D) Allowable variation in boiler and industrial furnace system 
design or operating procedures;

[[Page 16]]

    (E) Minimum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (F) An appropriate indicator of combustion gas velocity, measured 
and specified as prescribed in paragraph (e)(6) of this section, unless 
documentation is provided under Sec. 270.66 of this chapter 
demonstrating adequate combustion gas residence time; and
    (G) Such other operating requirements as are necessary to ensure 
that the DRE performance standard of Sec. 266.104(a) is met.
    (ii) Carbon monoxide and hydrocarbon standards. The permit must 
incorporate a carbon monoxide (CO) limit and, as appropriate, a 
hydrocarbon (HC) limit as provided by paragraphs (b), (c), (d), (e) and 
(f) of Sec. 266.104. The permit limits will be specified as follows:
    (A) When complying with the CO standard of Sec. 266.104(b)(1), the 
permit limit is 100 ppmv;
    (B) When complying with the alternative CO standard under Sec. 
266.104(c), the permit limit for CO is based on the trial burn and is 
established as the average over all valid runs of the highest hourly 
rolling average CO level of each run, and the permit limit for HC is 20 
ppmv (as defined in Sec. 266.104(c)(1)), except as provided in Sec. 
266.104(f).
    (C) When complying with the alternative HC limit for industrial 
furnaces under Sec. 266.104(f), the permit limit for HC and CO is the 
baseline level when hazardous waste is not burned as specified by that 
paragraph.
    (iii) Start-up and shut-down. During start-up and shut-down of the 
boiler or industrial furnace, hazardous waste (except waste fed solely 
as an ingredient under the Tier I (or adjusted Tier I) feed rate 
screening limits for metals and chloride/chlorine, and except low risk 
waste exempt from the trial burn requirements under Sec. Sec. 
266.104(a)(5), 266.105, 266.106, and 266.107) must not be fed into the 
device unless the device is operating within the conditions of operation 
specified in the permit.
    (3) Requirements to ensure conformance with the particulate 
standard. (i) Except as provided in paragraphs (e)(3) (ii) and (iii) of 
this section, the permit shall specify the following operating 
requirements to ensure conformance with the particulate standard 
specified in Sec. 266.105:
    (A) Total ash feed rate to the device from hazardous waste, other 
fuels, and industrial furnace feedstocks, measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (B) Maximum device production rate when producing normal product 
expressed in appropriate units, and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (C) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (D) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (E) Such other operating requirements as are necessary to ensure 
that the particulate standard in Sec. 266.105(a) is met.
    (ii) Permit conditions to ensure conformance with the particulate 
matter standard shall not be provided for facilities exempt from the 
particulate matter standard under Sec. 266.105(b);
    (iii) For cement kilns and light-weight aggregate kilns, permit 
conditions to ensure compliance with the particulate standard shall not 
limit the ash content of hazardous waste or other feed materials.
    (4) Requirements to ensure conformance with the metals emissions 
standard. (i) For conformance with the Tier I (or adjusted Tier I) 
metals feed rate screening limits of paragraphs (b) or (e) of Sec. 
266.106, the permit shall specify the following operating requirements:
    (A) Total feed rate of each metal in hazardous waste, other fuels, 
and industrial furnace feedstocks measured and specified under 
provisions of paragraph (e)(6) of this section;
    (B) Total feed rate of hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) A sampling and metals analysis program for the hazardous waste, 
other fuels, and industrial furnace feedstocks;
    (ii) For conformance with the Tier II metals emission rate screening 
limits

[[Page 17]]

under Sec. 266.106(c) and the Tier III metals controls under Sec. 
266.106(d), the permit shall specify the following operating 
requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (B) Feed rate of total hazardous waste and pumpable hazardous waste, 
each measured and specified as prescribed in paragraph (e)(6)(i) of this 
section;
    (C) Feed rate of each metal in the following feedstreams, measured 
and specified as prescribed in paragraphs (e)(6) of this section:
    (1) Total feedstreams;
    (2) Total hazardous waste feed; and
    (3) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (E) Maximum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, and measured and specified 
as prescribed in paragraph (e)(6) of this section;
    (F) Maximum flue gas temperature at the inlet to the particulate 
matter air pollution control system measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (G) Maximum device production rate when producing normal product 
expressed in appropriate units and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (H) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (I) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (J) Such other operating requirements as are necessary to ensure 
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are 
met.
    (iii) For conformance with an alternative implementation approach 
approved by the Director under Sec. 266.106(f), the permit will specify 
the following operating requirements:
    (A) Maximum emission rate for each metal specified as the average 
emission rate during the trial burn;
    (B) Feed rate of total hazardous waste and pumpable hazardous waste, 
each measured and specified as prescribed in paragraph (e)(6)(i) of this 
section;
    (C) Feed rate of each metal in the following feedstreams, measured 
and specified as prescribed in paragraph (e)(6) of this section:
    (1) Total hazardous waste feed; and
    (2) Total pumpable hazardous waste feed;
    (D) Total feed rate of chlorine and chloride in total feedstreams 
measured and specified prescribed in paragraph (e)(6) of this section;
    (E) Maximum combustion gas temperature measured at a location 
indicative of combustion chamber temperature, and measured and specified 
as prescribed in paragraph (e)(6) of this section;
    (F) Maximum flue gas temperature at the inlet to the particulate 
matter air pollution control system measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (G) Maximum device production rate when producing normal product 
expressed in appropriate units and measured and specified as prescribed 
in paragraph (e)(6) of this section;
    (H) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (I) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (J) Such other operating requirements as are necessary to ensure 
that the metals standards under Sec. Sec. 266.106(c) or 266.106(d) are 
met.
    (5) Requirements to ensure conformance with the hydrogen chloride 
and chlorine gas standards. (i) For conformance with the Tier I total 
chloride and chlorine feed rate screening limits of Sec. 266.107(b)(1), 
the permit will specify the following operating requirements:
    (A) Feed rate of total chloride and chlorine in hazardous waste, 
other fuels, and industrial furnace feedstocks measured and specified as 
prescribed in paragraph (e)(6) of this section;

[[Page 18]]

    (B) Feed rate of total hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) A sampling and analysis program for total chloride and chlorine 
for the hazardous waste, other fuels, and industrial furnace feedstocks;
    (ii) For conformance with the Tier II HCl and Cl2 
emission rate screening limits under Sec. 266.107(b)(2) and the Tier 
III HCl and Cl2 controls under Sec. 266.107(c), the permit 
will specify the following operating requirements:
    (A) Maximum emission rate for HCl and for Cl2 specified 
as the average emission rate during the trial burn;
    (B) Feed rate of total hazardous waste measured and specified as 
prescribed in paragraph (e)(6) of this section;
    (C) Total feed rate of chlorine and chloride in total feedstreams, 
measured and specified as prescribed in paragraph (e)(6) of this 
section;
    (D) Maximum device production rate when producing normal product 
expressed in appropriate units, measured and specified as prescribed in 
paragraph (e)(6) of this section;
    (E) Appropriate controls on operation and maintenance of the 
hazardous waste firing system and any air pollution control system;
    (F) Allowable variation in boiler and industrial furnace system 
design including any air pollution control system or operating 
procedures; and
    (G) Such other operating requirements as are necessary to ensure 
that the HCl and Cl2 standards under Sec. 266.107 (b)(2) or 
(c) are met.
    (6) Measuring parameters and establishing limits based on trial burn 
data--(i) General requirements. As specified in paragraphs (e)(2) 
through (e)(5) of this section, each operating parameter shall be 
measured, and permit limits on the parameter shall be established, 
according to either of the following procedures:
    (A) Instantaneous limits. A parameter may be measured and recorded 
on an instantaneous basis (i.e., the value that occurs at any time) and 
the permit limit specified as the time-weighted average during all valid 
runs of the trial burn; or
    (B) Hourly rolling average. (1) The limit for a parameter may be 
established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (2) The permit limit for the parameter shall be established based on 
trial burn data as the average over all valid test runs of the highest 
hourly rolling average value for each run.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (i.e., arsenic, beryllium, 
cadmium and chromium) and lead may be established either on an hourly 
rolling average basis as prescribed by paragraph (e)(6)(i) of this 
section or on (up to) a 24 hour rolling average basis. If the owner or 
operator elects to use an average period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (B) The continuous monitor shall meet the following specifications:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) The rolling average for the selected averaging period is defined 
as the arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of the preceding clock hour; and
    (C) The permit limit for the feed rate of each metal shall be 
established based on trial burn data as the average over all valid test 
runs of the highest

[[Page 19]]

hourly rolling average feed rate for each run.
    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (e)(6) (i) and (ii) of 
this section.
    (iv) Conduct of trial burn testing. (A) If compliance with all 
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is 
not demonstrated simultaneously during a set of test runs, the operating 
conditions of additional test runs required to demonstrate compliance 
with remaining emissions standards must be as close as possible to the 
original operating conditions.
    (B) Prior to obtaining test data for purposes of demonstrating 
compliance with the emissions standards of Sec. Sec. 266.104 through 
266.107 or establishing limits on operating parameters under this 
section, the facility must operate under trial burn conditions for a 
sufficient period to reach steady-state operations. The Director may 
determine, however, that industrial furnaces that recycle collected 
particulate matter back into the furnace and that comply with an 
alternative implementation approach for metals under Sec. 266.106(f) 
need not reach steady state conditions with respect to the flow of 
metals in the system prior to beginning compliance testing for metals 
emissions.
    (C) Trial burn data on the level of an operating parameter for which 
a limit must be established in the permit must be obtained during 
emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/
Cl2, organic compounds) for which the parameter must be 
established as specified by paragraph (e) of this section.
    (7) General requirements--(i) Fugitive emissions. Fugitive emissions 
must be controlled by:
    (A) Keeping the combustion zone totally sealed against fugitive 
emissions; or
    (B) Maintaining the combustion zone pressure lower than atmospheric 
pressure; or
    (C) An alternate means of control demonstrated (with part B of the 
permit application) to provide fugitive emissions control equivalent to 
maintenance of combustion zone pressure lower than atmospheric pressure.
    (ii) Automatic waste feed cutoff. A boiler or industrial furnace 
must be operated with a functioning system that automatically cuts off 
the hazardous waste feed when operating conditions deviate from those 
established under this section. The Director may limit the number of 
cutoffs per an operating period on a case-by-case basis. In addition:
    (A) The permit limit for (the indicator of) minimum combustion 
chamber temperature must be maintained while hazardous waste or 
hazardous waste residues remain in the combustion chamber,
    (B) Exhaust gases must be ducted to the air pollution control system 
operated in accordance with the permit requirements while hazardous 
waste or hazardous waste residues remain in the combustion chamber; and
    (C) Operating parameters for which permit limits are established 
must continue to be monitored during the cutoff, and the hazardous waste 
feed shall not be restarted until the levels of those parameters comply 
with the permit limits. For parameters that may be monitored on an 
instantaneous basis, the Director will establish a minimum period of 
time after a waste feed cutoff during which the parameter must not 
exceed the permit limit before the hazardous waste feed may be 
restarted.
    (iii) Changes. A boiler or industrial furnace must cease burning 
hazardous waste when changes in combustion properties, or feed rates of 
the hazardous waste, other fuels, or industrial furnace feedstocks, or 
changes in the boiler or industrial furnace design or operating 
conditions deviate from the limits as specified in the permit.
    (8) Monitoring and Inspections. (i) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:

[[Page 20]]

    (A) If specified by the permit, feed rates and composition of 
hazardous waste, other fuels, and industrial furnace feedstocks, and 
feed rates of ash, metals, and total chloride and chlorine;
    (B) If specified by the permit, carbon monoxide (CO), hydrocarbons 
(HC), and oxygen on a continuous basis at a common point in the boiler 
or industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with operating 
requirements specified in paragraph (e)(2)(ii) of this section. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this part.
    (C) Upon the request of the Director, sampling and analysis of the 
hazardous waste (and other fuels and industrial furnace feedstocks as 
appropriate), residues, and exhaust emissions must be conducted to 
verify that the operating requirements established in the permit achieve 
the applicable standards of Sec. Sec. 266.104, 266.105, 266.106, and 
266.107.
    (ii) All monitors shall record data in units corresponding to the 
permit limit unless otherwise specified in the permit.
    (iii) The boiler or industrial furnace and associated equipment 
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to 
thorough visual inspection when it contains hazardous waste, at least 
daily for leaks, spills, fugitive emissions, and signs of tampering.
    (iv) The automatic hazardous waste feed cutoff system and associated 
alarms must be tested at least once every 7 days when hazardous waste is 
burned to verify operability, unless the applicant demonstrates to the 
Director that weekly inspections will unduly restrict or upset 
operations and that less frequent inspections will be adequate. At a 
minimum, operational testing must be conducted at least once every 30 
days.
    (v) These monitoring and inspection data must be recorded and the 
records must be placed in the operating record required by Sec. 264.73 
of this chapter.
    (9) Direct transfer to the burner. If hazardous waste is directly 
transferred from a transport vehicle to a boiler or industrial furnace 
without the use of a storage unit, the owner and operator must comply 
with Sec. 266.111.
    (10) Recordkeeping. The owner or operator must maintain in the 
operating record of the facility all information and data required by 
this section for five years.
    (11) Closure. At closure, the owner or operator must remove all 
hazardous waste and hazardous waste residues (including, but not limited 
to, ash, scrubber waters, and scrubber sludges) from the boiler or 
industrial furnace.

[56 FR 7208, Feb. 21, 1991; 56 FR 32688, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991; 70 FR 34588, June 14, 2005; 71 FR 16913, 
Apr. 4, 2006; 71 FR 40277, July 14, 2006]



Sec. 266.103  Interim status standards for burners.

    (a) Purpose, scope, applicability--(1) General. (i) The purpose of 
this section is to establish minimum national standards for owners and 
operators of ``existing'' boilers and industrial furnaces that burn 
hazardous waste where such standards define the acceptable management of 
hazardous waste during the period of interim status. The standards of 
this section apply to owners and operators of existing facilities until 
either a permit is issued under Sec. 266.102(d) or until closure 
responsibilities identified in this section are fulfilled.
    (ii) Existing or in existence means a boiler or industrial furnace 
that on or before August 21, 1991 is either in operation burning or 
processing hazardous waste or for which construction (including the 
ancillary facilities to burn or to process the hazardous waste) has 
commenced. A facility has commenced construction if the owner or 
operator has obtained the Federal, State, and local approvals or permits 
necessary to begin physical construction; and either:
    (A) A continuous on-site, physical construction program has begun; 
or
    (B) The owner or operator has entered into contractual obligations--
which cannot be canceled or modified without substantial loss--for 
physical construction of the facility to be completed within a 
reasonable time.
    (iii) If a boiler or industrial furnace is located at a facility 
that already has

[[Page 21]]

a permit or interim status, then the facility must comply with the 
applicable regulations dealing with permit modifications in Sec. 270.42 
or changes in interim status in Sec. 270.72 of this chapter.
    (2) Exemptions. The requirements of this section do not apply to 
hazardous waste and facilities exempt under Sec. Sec. 266.100(b), or 
266.108.
    (3) Prohibition on burning dioxin-listed wastes. The following 
hazardous waste listed for dioxin and hazardous waste derived from any 
of these wastes may not be burned in a boiler or industrial furnace 
operating under interim status: F020, F021, F022, F023, F026, and F027.
    (4) Applicability of part 265 standards. Owners and operators of 
boilers and industrial furnaces that burn hazardous waste and are 
operating under interim status are subject to the following provisions 
of part 265 of this chapter, except as provided otherwise by this 
section:
    (i) In subpart A (General), Sec. 265.4;
    (ii) In subpart B (General facility standards), Sec. Sec. 265.11-
265.17;
    (iii) In subpart C (Preparedness and prevention), Sec. Sec. 265.31-
265.37;
    (iv) In subpart D (Contingency plan and emergency procedures), 
Sec. Sec. 265.51-265.56;
    (v) In subpart E (Manifest system, recordkeeping, and reporting), 
Sec. Sec. 265.71-265.77, except that Sec. Sec. 265.71, 265.72, and 
265.76 do not apply to owners and operators of on-site facilities that 
do not receive any hazardous waste from off-site sources;
    (vi) In subpart G (Closure and post-closure), Sec. Sec. 265.111-
265.115;
    (vii) In subpart H (Financial requirements), Sec. Sec. 265.141, 
265.142, 265.143, and 265.147-265.150, except that States and the 
Federal government are exempt from the requirements of subpart H; and
    (viii) Subpart BB (Air emission standards for equipment leaks), 
except Sec. 265.1050(a).
    (5) Special requirements for furnaces. The following controls apply 
during interim status to industrial furnaces (e.g., kilns, cupolas) that 
feed hazardous waste for a purpose other than solely as an ingredient 
(see paragraph (a)(5)(ii) of this section) at any location other than 
the hot end where products are normally discharged or where fuels are 
normally fired:
    (i) Controls. (A) The hazardous waste shall be fed at a location 
where combustion gas temperatures are at least 1800 [deg]F;
    (B) The owner or operator must determine that adequate oxygen is 
present in combustion gases to combust organic constituents in the waste 
and retain documentation of such determination in the facility record;
    (C) For cement kiln systems, the hazardous waste shall be fed into 
the kiln; and
    (D) The hydrocarbon controls of Sec. 266.104(c) or paragraph (c)(5) 
of this section apply upon certification of compliance under paragraph 
(c) of this section irrespective of the CO level achieved during the 
compliance test.
    (ii) Burning hazardous waste solely as an ingredient. A hazardous 
waste is burned for a purpose other than solely as an ingredient if it 
meets either of these criteria:
    (A) The hazardous waste has a total concentration of nonmetal 
compounds listed in part 261, appendix VIII, of this chapter exceeding 
500 ppm by weight, as-fired, and so is considered to be burned for 
destruction. The concentration of nonmetal compounds in a waste as-
generated may be reduced to the 500 ppm limit by bona fide treatment 
that removes or destroys nonmetal constituents. Blending for dilution to 
meet the 500 ppm limit is prohibited and documentation that the waste 
has not been impermissibly diluted must be retained in the facility 
record; or
    (B) The hazardous waste has a heating value of 5,000 Btu/lb or more, 
as-fired, and so is considered to be burned as fuel. The heating value 
of a waste as-generated may be reduced to below the 5,000 Btu/lb limit 
by bona fide treatment that removes or destroys organic constituents. 
Blending to augment the heating value to meet the 5,000 Btu/lb limit is 
prohibited and documentation that the waste has not been impermissibly 
blended must be retained in the facility record.
    (6) Restrictions on burning hazardous waste that is not a fuel. 
Prior to certification of compliance under paragraph (c) of this 
section, owners and operators shall not feed hazardous waste

[[Page 22]]

that has a heating value less than 5,000 Btu/lb, as-generated, (except 
that the heating value of a waste as-generated may be increased to above 
the 5,000 Btu/lb limit by bona fide treatment; however, blending to 
augment the heating value to meet the 5,000 Btu/lb limit is prohibited 
and records must be kept to document that impermissible blending has not 
occurred) in a boiler or industrial furnace, except that:
    (i) Hazardous waste may be burned solely as an ingredient; or
    (ii) Hazardous waste may be burned for purposes of compliance 
testing (or testing prior to compliance testing) for a total period of 
time not to exceed 720 hours; or
    (iii) Such waste may be burned if the Director has documentation to 
show that, prior to August 21, 1991:
    (A) The boiler or industrial furnace is operating under the interim 
status standards for incinerators provided by subpart O of part 265 of 
this chapter, or the interim status standards for thermal treatment 
units provided by subpart P of part 265 of this chapter; and
    (B) The boiler or industrial furnace met the interim status 
eligibility requirements under Sec. 270.70 of this chapter for subpart 
O or subpart P of part 265 of this chapter; and
    (C) Hazardous waste with a heating value less than 5,000 Btu/lb was 
burned prior to that date; or
    (iv) Such waste may be burned in a halogen acid furnace if the waste 
was burned as an excluded ingredient under Sec. 261.2(e) of this 
chapter prior to February 21, 1991 and documentation is kept on file 
supporting this claim.
    (7) Direct transfer to the burner. If hazardous waste is directly 
transferred from a transport vehicle to a boiler or industrial furnace 
without the use of a storage unit, the owner and operator must comply 
with Sec. 266.111.
    (b) Certification of precompliance--(1) General. The owner or 
operator must provide complete and accurate information specified in 
paragraph (b)(2) of this section to the Director on or before August 21, 
1991, and must establish limits for the operating parameters specified 
in paragraph (b)(3) of this section. Such information is termed a 
``certification of precompliance'' and constitutes a certification that 
the owner or operator has determined that, when the facility is operated 
within the limits specified in paragraph (b)(3) of this section, the 
owner or operator believes that, using best engineering judgment, 
emissions of particulate matter, metals, and HCl and Cl2 are 
not likely to exceed the limits provided by Sec. Sec. 266.105, 266.106, 
and 266.107. The facility may burn hazardous waste only under the 
operating conditions that the owner or operator establishes under 
paragraph (b)(3) of this section until the owner or operator submits a 
revised certification of precompliance under paragraph (b)(8) of this 
section or a certification of compliance under paragraph (c) of this 
section, or until a permit is issued.
    (2) Information required. The following information must be 
submitted with the certification of precompliance to support the 
determination that the limits established for the operating parameters 
identified in paragraph (b)(3) of this section are not likely to result 
in an exceedance of the allowable emission rates for particulate matter, 
metals, and HCl and Cl2.
    (i) General facility information:
    (A) EPA facility ID number;
    (B) Facility name, contact person, telephone number, and address;
    (C) Description of boilers and industrial furnaces burning hazardous 
waste, including type and capacity of device;
    (D) A scaled plot plan showing the entire facility and location of 
the boilers and industrial furnaces burning hazardous waste; and
    (E) A description of the air pollution control system on each device 
burning hazardous waste, including the temperature of the flue gas at 
the inlet to the particulate matter control system.
    (ii) Except for facilities complying with the Tier I or Adjusted 
Tier I feed rate screening limits for metals or total chlorine and 
chloride provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or 
(e), respectively, the estimated uncontrolled (at the inlet to the air 
pollution control system) emissions of particulate matter, each metal 
controlled by Sec. 266.106, and hydrogen chloride and chlorine, and the 
following information to support such determinations:

[[Page 23]]

    (A) The feed rate (lb/hr) of ash, chlorine, antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, silver, and 
thallium in each feedstream (hazardous waste, other fuels, industrial 
furnace feedstocks);
    (B) The estimated partitioning factor to the combustion gas for the 
materials identified in paragraph (b)(2)(ii)(A) of this section and the 
basis for the estimate and an estimate of the partitioning to HCl and 
Cl2 of total chloride and chlorine in feed materials. To 
estimate the partitioning factor, the owner or operator must use either 
best engineering judgment or the procedures specified in appendix IX of 
this part.
    (C) For industrial furnaces that recycle collected particulate 
matter (PM) back into the furnace and that will certify compliance with 
the metals emissions standards under paragraph (c)(3)(ii)(A), the 
estimated enrichment factor for each metal. To estimate the enrichment 
factor, the owner or operator must use either best engineering judgment 
or the procedures specified in ``Alternative Methodology for 
Implementing Metals Controls'' in appendix IX of this part.
    (D) If best engineering judgment is used to estimate partitioning 
factors or enrichment factors under paragraphs (b)(2)(ii)(B) or 
(b)(2)(ii)(C) respectively, the basis for the judgment. When best 
engineering judgment is used to develop or evaluate data or information 
and make determinations under this section, the determinations must be 
made by a qualified, registered professional engineer and a 
certification of his/her determinations in accordance with Sec. 
270.11(d) of this chapter must be provided in the certification of 
precompliance.
    (iii) For facilities complying with the Tier I or Adjusted Tier I 
feed rate screening limits for metals or total chlorine and chloride 
provided by Sec. Sec. 266.106 (b) or (e) and 266.107 (b)(1) or (e), the 
feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, silver, and 
thallium in each feed stream (hazardous waste, other fuels, industrial 
furnace feedstocks).
    (iv) For facilities complying with the Tier II or Tier III emission 
limits for metals or HCl and Cl2 (under Sec. Sec. 266.106 
(c) or (d) or 266.107(b)(2) or (c)), the estimated controlled (outlet of 
the air pollution control system) emissions rates of particulate matter, 
each metal controlled by Sec. 266.106, and HCl and Cl2, and 
the following information to support such determinations:
    (A) The estimated air pollution control system (APCS) removal 
efficiency for particulate matter, HCl, Cl2, antimony, 
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, 
and thallium.
    (B) To estimate APCS removal efficiency, the owner or operator must 
use either best engineering judgment or the procedures prescribed in 
appendix IX of this part.
    (C) If best engineering judgment is used to estimate APCS removal 
efficiency, the basis for the judgment. Use of best engineering judgment 
must be in conformance with provisions of paragraph (b)(2)(ii)(D) of 
this section.
    (v) Determination of allowable emissions rates for HCl, 
Cl2, antimony, arsenic, barium, beryllium, cadmium, chromium, 
lead, mercury, silver, and thallium, and the following information to 
support such determinations:
    (A) For all facilities:
    (1) Physical stack height;
    (2) Good engineering practice stack height as defined by 40 CFR 
51.100(ii);
    (3) Maximum flue gas flow rate;
    (4) Maximum flue gas temperature;
    (5) Attach a US Geological Service topographic map (or equivalent) 
showing the facility location and surrounding land within 5 km of the 
facility;
    (6) Identify terrain type: complex or noncomplex; and
    (7) Identify land use: urban or rural.
    (B) For owners and operators using Tier III site specific dispersion 
modeling to determine allowable levels under Sec. 266.106(d) or Sec. 
266.107(c), or adjusted Tier I feed rate screening limits under 
Sec. Sec. 266.106(e) or 266.107(e):
    (1) Dispersion model and version used;
    (2) Source of meteorological data;
    (3) The dilution factor in micrograms per cubic meter per gram per 
second of

[[Page 24]]

emissions for the maximum annual average off-site (unless on-site is 
required) ground level concentration (MEI location); and
    (4) Indicate the MEI location on the map required under paragraph 
(b)(2)(v)(A)(5);
    (vi) For facilities complying with the Tier II or III emissions rate 
controls for metals or HCl and Cl2, a comparison of the 
estimated controlled emissions rates determined under paragraph 
(b)(2)(iv) with the allowable emission rates determined under paragraph 
(b)(2)(v);
    (vii) For facilities complying with the Tier I (or adjusted Tier I) 
feed rate screening limits for metals or total chloride and chlorine, a 
comparison of actual feed rates of each metal and total chlorine and 
chloride determined under paragraph (b)(2)(iii) of this section to the 
Tier I allowable feed rates; and
    (viii) For industrial furnaces that feed hazardous waste for any 
purpose other than solely as an ingredient (as defined by paragraph 
(a)(5)(ii) of this section) at any location other than the product 
discharge end of the device, documentation of compliance with the 
requirements of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
    (ix) For industrial furnaces that recycle collected particulate 
matter (PM) back into the furnace and that will certify compliance with 
the metals emissions standards under paragraph (c)(3)(ii)(A) of this 
section:
    (A) The applicable particulate matter standard in lb/hr; and
    (B) The precompliance limit on the concentration of each metal in 
collected PM.
    (3) Limits on operating conditions. The owner and operator shall 
establish limits on the following parameters consistent with the 
determinations made under paragraph (b)(2) of this section and certify 
(under provisions of paragraph (b)(9) of this section) to the Director 
that the facility will operate within the limits during interim status 
when there is hazardous waste in the unit until revised certification of 
precompliance under paragraph (b)(8) of this section or certification of 
compliance under paragraph (c) of this section:
    (i) Feed rate of total hazardous waste and (unless complying with 
the Tier I or adjusted Tier I metals feed rate screening limits under 
Sec. 266.106 (b) or (e)) pumpable hazardous waste;
    (ii) Feed rate of each metal in the following feed streams:
    (A) Total feed streams, except that industrial furnaces that comply 
with the alternative metals implementation approach under paragraph 
(b)(4) of this section must specify limits on the concentration of each 
metal in collected particulate matter in lieu of feed rate limits for 
total feedstreams;
    (B) Total hazardous waste feed, unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 266.106 
(b) or (e); and
    (C) Total pumpable hazardous waste feed, unless complying with the 
Tier I or adjusted Tier I metals feed rate screening limits under Sec. 
266.106 (b) or (e);
    (iii) Total feed rate of chlorine and chloride in total feed 
streams;
    (iv) Total feed rate of ash in total feed streams, except that the 
ash feed rate for cement kilns and light-weight aggregate kilns is not 
limited; and
    (v) Maximum production rate of the device in appropriate units when 
producing normal product, unless complying with the Tier I or Adjusted 
Tier I feed rate screening limits for chlorine under Sec. 266.107 
(b)(1) or (e) and for all metals under Sec. 266.106 (b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 266.105.
    (4) Operating requirements for furnaces that recycle PM. Owners and 
operators of furnaces that recycle collected particulate matter (PM) 
back into the furnace and that will certify compliance with the metals 
emissions controls under paragraph (c)(3)(ii)(A) of this section must 
comply with the special operating requirements provided in ``Alternative 
Methodology for Implementing Metals Controls'' in appendix IX of this 
part.
    (5) Measurement of feed rates and production rate--(i) General 
requirements. Limits on each of the parameters specified in paragraph 
(b)(3) of this section (except for limits on metals concentrations in 
collected particulate matter (PM) for industrial furnaces that recycle 
collected PM) shall be established

[[Page 25]]

and continuously monitored under either of the following methods:
    (A) Instantaneous limits. A limit for a parameter may be established 
and continuously monitored and recorded on an instantaneous basis (i.e., 
the value that occurs at any time) not to be exceeded at any time; or
    (B) Hourly rolling average limits. A limit for a parameter may be 
established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (ii) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, 
and chromium) and lead may be established either on an hourly rolling 
average basis as prescribed by paragraph (b)(5)(i)(B) or on (up to) a 24 
hour rolling average basis. If the owner or operator elects to use an 
averaging period from 2 to 24 hours:
    (A) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (B) The continuous monitor shall meet the following specifications:
    (1) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (2) The rolling average for the selected averaging period is defined 
as the arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of preceding clock hour.
    (iii) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (b)(5) (i) and (ii) of 
this section.
    (6) Public notice requirements at precompliance. On or before August 
21, 1991 the owner or operator must submit a notice with the following 
information for publication in a major local newspaper of general 
circulation and send a copy of the notice to the appropriate units of 
State and local government. The owner and operator must provide to the 
Director with the certification of precompliance evidence of submitting 
the notice for publication. The notice, which shall be entitled ``Notice 
of Certification of Precompliance with Hazardous Waste Burning 
Requirements of 40 CFR 266.103(b)'', must include:
    (i) Name and address of the owner and operator of the facility as 
well as the location of the device burning hazardous waste;
    (ii) Date that the certification of precompliance is submitted to 
the Director;
    (iii) Brief description of the regulatory process required to comply 
with the interim status requirements of this section including required 
emissions testing to demonstrate conformance with emissions standards 
for organic compounds, particulate matter, metals, and HCl and 
Cl2;
    (iv) Types and quantities of hazardous waste burned including, but 
not limited to, source, whether solids or liquids, as well as an 
appropriate description of the waste;
    (v) Type of device(s) in which the hazardous waste is burned 
including a physical description and maximum production rate of each 
device;
    (vi) Types and quantities of other fuels and industrial furnace 
feedstocks fed to each unit;
    (vii) Brief description of the basis for this certification of 
precompliance as specified in paragraph (b)(2) of this section;

[[Page 26]]

    (viii) Locations where the record for the facility can be viewed and 
copied by interested parties. These records and locations shall at a 
minimum include:
    (A) The administrative record kept by the Agency office where the 
supporting documentation was submitted or another location designated by 
the Director; and
    (B) The BIF correspondence file kept at the facility site where the 
device is located. The correspondence file must include all 
correspondence between the facility and the Director, State and local 
regulatory officials, including copies of all certifications and 
notifications, such as the precompliance certification, precompliance 
public notice, notice of compliance testing, compliance test report, 
compliance certification, time extension requests and approvals or 
denials, enforcement notifications of violations, and copies of EPA and 
State site visit reports submitted to the owner or operator.
    (ix) Notification of the establishment of a facility mailing list 
whereby interested parties shall notify the Agency that they wish to be 
placed on the mailing list to receive future information and notices 
about this facility; and
    (x) Location (mailing address) of the applicable EPA Regional 
Office, Hazardous Waste Division, where further information can be 
obtained on EPA regulation of hazardous waste burning.
    (7) Monitoring other operating parameters. When the monitoring 
systems for the operating parameters listed in paragraphs (c)(1) (v 
through xiii) of this section are installed and operating in conformance 
with vendor specifications or (for CO, HC, and oxygen) specifications 
provided by appendix IX of this part, as appropriate, the parameters 
shall be continuously monitored and records shall be maintained in the 
operating record.
    (8) Revised certification of precompliance. The owner or operator 
may revise at any time the information and operating conditions 
documented under paragraphs (b)(2) and (b)(3) of this section in the 
certification of precompliance by submitting a revised certification of 
precompliance under procedures provided by those paragraphs.
    (i) The public notice requirements of paragraph (b)(6) of this 
section do not apply to recertifications.
    (ii) The owner and operator must operate the facility within the 
limits established for the operating parameters under paragraph (b)(3) 
of this section until a revised certification is submitted under this 
paragraph or a certification of compliance is submitted under paragraph 
(c) of this section.
    (9) Certification of precompliance statement. The owner or operator 
must include the following signed statement with the certification of 
precompliance submitted to the Director:

    ``I certify under penalty of law that this information was prepared 
under my direction or supervision in accordance with a system designed 
to ensure that qualified personnel properly gathered and evaluated the 
information and supporting documentation. Copies of all emissions tests, 
dispersion modeling results and other information used to determine 
conformance with the requirements of Sec. 266.103(b) are available at 
the facility and can be obtained from the facility contact person listed 
above. Based on my inquiry of the person or persons who manages the 
facility, or those persons directly responsible for gathering the 
information, the information submitted is, to the best of my knowledge 
and belief, true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.
    I also acknowledge that the operating limits established in this 
certification pursuant to Sec. 266.103(b) (3) and (4) are enforceable 
limits at which the facility can legally operate during interim status 
until: (1) A revised certification of precompliance is submitted, (2) a 
certification of compliance is submitted, or (3) an operating permit is 
issued.''

    (c) Certification of compliance. The owner or operator shall conduct 
emissions testing to document compliance with the emissions standards of 
Sec. Sec. 266.104 (b) through (e), 266.105, 266.106, 266.107, and 
paragraph (a)(5)(i)(D) of this section, under the procedures prescribed 
by this paragraph, except under extensions of time provided by paragraph 
(c)(7). Based on the compliance test, the owner or operator shall submit 
to the Director on or before August

[[Page 27]]

21, 1992 a complete and accurate ``certification of compliance'' (under 
paragraph (c)(4) of this section) with those emission standards 
establishing limits on the operating parameters specified in paragraph 
(c)(1).
    (1) Limits on operating conditions. The owner or operator shall 
establish limits on the following parameters based on operations during 
the compliance test (under procedures prescribed in paragraph (c)(4)(iv) 
of this section) or as otherwise specified and include these limits with 
the certification of compliance. The boiler or industrial furnace must 
be operated in accordance with these operating limits and the applicable 
emissions standards of Sec. Sec. 266.104(b) through (e), 266.105, 
266.106, 266.107, and 266.103(a)(5)(i)(D) at all times when there is 
hazardous waste in the unit.
    (i) Feed rate of total hazardous waste and (unless complying with 
the Tier I or adjusted Tier I metals feed rate screening limits under 
Sec. 266.106(b) or (e)), pumpable hazardous waste;
    (ii) Feed rate of each metal in the following feedstreams:
    (A) Total feedstreams, except that:
    (1) Facilities that comply with Tier I or Adjusted Tier I metals 
feed rate screening limits may set their operating limits at the metals 
feed rate screening limits determined under Sec. 266.106(b) or (e); and
    (2) Industrial furnaces that must comply with the alternative metals 
implementation approach under paragraph (c)(3)(ii) of this section must 
specify limits on the concentration of each metal in the collected 
particulate matter in lieu of feed rate limits for total feedstreams;
    (B) Total hazardous waste feed (unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 266.106(b) 
or (e)); and
    (C) Total pumpable hazardous waste feed (unless complying with the 
Tier I or Adjusted Tier I metals feed rate screening limits under Sec. 
266.106(b) or (e));
    (iii) Total feed rate of chlorine and chloride in total feed 
streams, except that facilities that comply with Tier I or Adjusted Tier 
I feed rate screening limits may set their operating limits at the total 
chlorine and chloride feed rate screening limits determined under Sec. 
266.107(b)(1) or (e);
    (iv) Total feed rate of ash in total feed streams, except that the 
ash feed rate for cement kilns and light-weight aggregate kilns is not 
limited;
    (v) Carbon monoxide concentration, and where required, hydrocarbon 
concentration in stack gas. When complying with the CO controls of Sec. 
266.104(b), the CO limit is 100 ppmv, and when complying with the HC 
controls of Sec. 266.104(c), the HC limit is 20 ppmv. When complying 
with the CO controls of Sec. 266.104(c), the CO limit is established 
based on the compliance test;
    (vi) Maximum production rate of the device in appropriate units when 
producing normal product, unless complying with the Tier I or Adjusted 
Tier I feed rate screening limits for chlorine under Sec. 266.107(b)(1) 
or (e) and for all metals under Sec. 266.106(b) or (e), and the 
uncontrolled particulate emissions do not exceed the standard under 
Sec. 266.105;
    (vii) Maximum combustion chamber temperature where the temperature 
measurement is as close to the combustion zone as possible and is 
upstream of any quench water injection (unless complying with the Tier I 
or Adjusted Tier I metals feed rate screening limits under Sec. 
266.106(b) or (e));
    (viii) Maximum flue gas temperature entering a particulate matter 
control device (unless complying with Tier I or Adjusted Tier I metals 
feed rate screening limits under Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 266.107(b) 
or (e));
    (ix) For systems using wet scrubbers, including wet ionizing 
scrubbers (unless complying with the Tier I or Adjusted Tier I metals 
feed rate screening limits under Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 
266.107(b)(1) or (e)):
    (A) Minimum liquid to flue gas ratio;
    (B) Minimum scrubber blowdown from the system or maximum suspended 
solids content of scrubber water; and
    (C) Minimum pH level of the scrubber water;
    (x) For systems using venturi scrubbers, the minimum differential 
gas

[[Page 28]]

pressure across the venturi (unless complying with the Tier I or 
Adjusted Tier I metals feed rate screening limits under Sec. 266.106(b) 
or (e) and the total chlorine and chloride feed rate screening limits 
under Sec. 266.107(b)(1) or (e));
    (xi) For systems using dry scrubbers (unless complying with the Tier 
I or Adjusted Tier I metals feed rate screening limits under Sec. 
266.106(b) or (e) and the total chlorine and chloride feed rate 
screening limits under Sec. 266.107(b)(1) or (e)):
    (A) Minimum caustic feed rate; and
    (B) Maximum flue gas flow rate;
    (xii) For systems using wet ionizing scrubbers or electrostatic 
precipitators (unless complying with the Tier I or Adjusted Tier I 
metals feed rate screening limits under Sec. 266.106(b) or (e) and the 
total chlorine and chloride feed rate screening limits under Sec. 
266.107(b)(1) or (e)):
    (A) Minimum electrical power in kilovolt amperes (kVA) to the 
precipitator plates; and
    (B) Maximum flue gas flow rate;
    (xiii) For systems using fabric filters (baghouses), the minimum 
pressure drop (unless complying with the Tier I or Adjusted Tier I metal 
feed rate screening limits under Sec. 266.106(b) or (e) and the total 
chlorine and chloride feed rate screening limits under Sec. 
266.107(b)(1) or (e)).
    (2) Prior notice of compliance testing. At least 30 days prior to 
the compliance testing required by paragraph (c)(3) of this section, the 
owner or operator shall notify the Director and submit the following 
information:
    (i) General facility information including:
    (A) EPA facility ID number;
    (B) Facility name, contact person, telephone number, and address;
    (C) Person responsible for conducting compliance test, including 
company name, address, and telephone number, and a statement of 
qualifications;
    (D) Planned date of the compliance test;
    (ii) Specific information on each device to be tested including:
    (A) Description of boiler or industrial furnace;
    (B) A scaled plot plan showing the entire facility and location of 
the boiler or industrial furnace;
    (C) A description of the air pollution control system;
    (D) Identification of the continuous emission monitors that are 
installed, including:
    (1) Carbon monoxide monitor;
    (2) Oxygen monitor;
    (3) Hydrocarbon monitor, specifying the minimum temperature of the 
system and, if the temperature is less than 150 [deg]C, an explanation 
of why a heated system is not used (see paragraph (c)(5) of this 
section) and a brief description of the sample gas conditioning system;
    (E) Indication of whether the stack is shared with another device 
that will be in operation during the compliance test;
    (F) Other information useful to an understanding of the system 
design or operation.
    (iii) Information on the testing planned, including a complete copy 
of the test protocol and Quality Assurance/Quality Control (QA/QC) plan, 
and a summary description for each test providing the following 
information at a minimum:
    (A) Purpose of the test (e.g., demonstrate compliance with emissions 
of particulate matter); and
    (B) Planned operating conditions, including levels for each 
pertinent parameter specified in paragraph (c)(1) of this section.
    (3) Compliance testing--(i) General. Compliance testing must be 
conducted under conditions for which the owner or operator has submitted 
a certification of precompliance under paragraph (b) of this section and 
under conditions established in the notification of compliance testing 
required by paragraph (c)(2) of this section. The owner or operator may 
seek approval on a case-by-case basis to use compliance test data from 
one unit in lieu of testing a similar onsite unit. To support the 
request, the owner or operator must provide a comparison of the 
hazardous waste burned and other feedstreams, and the design, operation, 
and maintenance of both the tested unit and the similar unit. The 
Director shall provide a written approval to use compliance test data in 
lieu of testing

[[Page 29]]

a similar unit if he finds that the hazardous wastes, the devices, and 
the operating conditions are sufficiently similar, and the data from the 
other compliance test is adequate to meet the requirements of Sec. 
266.103(c).
    (ii) Special requirements for industrial furnaces that recycle 
collected PM. Owners and operators of industrial furnaces that recycle 
back into the furnace particulate matter (PM) from the air pollution 
control system must comply with one of the following procedures for 
testing to determine compliance with the metals standards of Sec. 
266.106(c) or (d):
    (A) The special testing requirements prescribed in ``Alternative 
Method for Implementing Metals Controls'' in appendix IX of this part; 
or
    (B) Stack emissions testing for a minimum of 6 hours each day while 
hazardous waste is burned during interim status. The testing must be 
conducted when burning normal hazardous waste for that day at normal 
feed rates for that day and when the air pollution control system is 
operated under normal conditions. During interim status, hazardous waste 
analysis for metals content must be sufficient for the owner or operator 
to determine if changes in metals content may affect the ability of the 
facility to meet the metals emissions standards established under Sec. 
266.106(c) or (d). Under this option, operating limits (under paragraph 
(c)(1) of this section) must be established during compliance testing 
under paragraph (c)(3) of this section only on the following parameters;
    (1) Feed rate of total hazardous waste;
    (2) Total feed rate of chlorine and chloride in total feed streams;
    (3) Total feed rate of ash in total feed streams, except that the 
ash feed rate for cement kilns and light-weight aggregate kilns is not 
limited;
    (4) Carbon monoxide concentration, and where required, hydrocarbon 
concentration in stack gas;
    (5) Maximum production rate of the device in appropriate units when 
producing normal product; or
    (C) Conduct compliance testing to determine compliance with the 
metals standards to establish limits on the operating parameters of 
paragraph (c)(1) of this section only after the kiln system has been 
conditioned to enable it to reach equilibrium with respect to metals fed 
into the system and metals emissions. During conditioning, hazardous 
waste and raw materials having the same metals content as will be fed 
during the compliance test must be fed at the feed rates that will be 
fed during the compliance test.
    (iii) Conduct of compliance testing. (A) If compliance with all 
applicable emissions standards of Sec. Sec. 266.104 through 266.107 is 
not demonstrated simultaneously during a set of test runs, the operating 
conditions of additional test runs required to demonstrate compliance 
with remaining emissions standards must be as close as possible to the 
original operating conditions.
    (B) Prior to obtaining test data for purposes of demonstrating 
compliance with the applicable emissions standards of Sec. Sec. 266.104 
through 266.107 or establishing limits on operating parameters under 
this section, the facility must operate under compliance test conditions 
for a sufficient period to reach steady-state operations. Industrial 
furnaces that recycle collected particulate matter back into the furnace 
and that comply with paragraphs (c)(3)(ii)(A) or (B) of this section, 
however, need not reach steady state conditions with respect to the flow 
of metals in the system prior to beginning compliance testing for 
metals.
    (C) Compliance test data on the level of an operating parameter for 
which a limit must be established in the certification of compliance 
must be obtained during emissions sampling for the pollutant(s) (i.e., 
metals, PM, HCl/Cl2, organic compounds) for which the 
parameter must be established as specified by paragraph (c)(1) of this 
section.
    (4) Certification of compliance. Within 90 days of completing 
compliance testing, the owner or operator must certify to the Director 
compliance with the emissions standards of Sec. Sec. 266.104 (b), (c), 
and (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D) of this 
section. The certification of compliance must include the following 
information:
    (i) General facility and testing information including:
    (A) EPA facility ID number;

[[Page 30]]

    (B) Facility name, contact person, telephone number, and address;
    (C) Person responsible for conducting compliance testing, including 
company name, address, and telephone number, and a statement of 
qualifications;
    (D) Date(s) of each compliance test;
    (E) Description of boiler or industrial furnace tested;
    (F) Person responsible for quality assurance/quality control (QA/
QC), title, and telephone number, and statement that procedures 
prescribed in the QA/QC plan submitted under Sec. 266.103(c)(2)(iii) 
have been followed, or a description of any changes and an explanation 
of why changes were necessary.
    (G) Description of any changes in the unit configuration prior to or 
during testing that would alter any of the information submitted in the 
prior notice of compliance testing under paragraph (c)(2) of this 
section, and an explanation of why the changes were necessary;
    (H) Description of any changes in the planned test conditions prior 
to or during the testing that alter any of the information submitted in 
the prior notice of compliance testing under paragraph (c)(2) of this 
section, and an explanation of why the changes were necessary; and
    (I) The complete report on results of emissions testing.
    (ii) Specific information on each test including:
    (A) Purpose(s) of test (e.g., demonstrate conformance with the 
emissions limits for particulate matter, metals, HCl, Cl2, 
and CO)
    (B) Summary of test results for each run and for each test including 
the following information:
    (1) Date of run;
    (2) Duration of run;
    (3) Time-weighted average and highest hourly rolling average CO 
level for each run and for the test;
    (4) Highest hourly rolling average HC level, if HC monitoring is 
required for each run and for the test;
    (5) If dioxin and furan testing is required under Sec. 266.104(e), 
time-weighted average emissions for each run and for the test of 
chlorinated dioxin and furan emissions, and the predicted maximum annual 
average ground level concentration of the toxicity equivalency factor;
    (6) Time-weighted average particulate matter emissions for each run 
and for the test;
    (7) Time-weighted average HCl and Cl2 emissions for each 
run and for the test;
    (8) Time-weighted average emissions for the metals subject to 
regulation under Sec. 266.106 for each run and for the test; and
    (9) QA/QC results.
    (iii) Comparison of the actual emissions during each test with the 
emissions limits prescribed by Sec. Sec. 266.104 (b), (c), and (e), 
266.105, 266.106, and 266.107 and established for the facility in the 
certification of precompliance under paragraph (b) of this section.
    (iv) Determination of operating limits based on all valid runs of 
the compliance test for each applicable parameter listed in paragraph 
(c)(1) of this section using either of the following procedures:
    (A) Instantaneous limits. A parameter may be measured and recorded 
on an instantaneous basis (i.e., the value that occurs at any time) and 
the operating limit specified as the time-weighted average during all 
runs of the compliance test; or
    (B) Hourly rolling average basis. (1) The limit for a parameter may 
be established and continuously monitored on an hourly rolling average 
basis defined as follows:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) An hourly rolling average is the arithmetic mean of the 60 most 
recent 1-minute average values recorded by the continuous monitoring 
system.
    (2) The operating limit for the parameter shall be established based 
on compliance test data as the average over all test runs of the highest 
hourly rolling average value for each run.
    (C) Rolling average limits for carcinogenic metals and lead. Feed 
rate limits

[[Page 31]]

for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and 
chromium) and lead may be established either on an hourly rolling 
average basis as prescribed by paragraph (c)(4)(iv)(B) of this section 
or on (up to) a 24 hour rolling average basis. If the owner or operator 
elects to use an averaging period from 2 to 24 hours:
    (1) The feed rate of each metal shall be limited at any time to ten 
times the feed rate that would be allowed on an hourly rolling average 
basis;
    (2) The continuous monitor shall meet the following specifications:
    (i) A continuous monitor is one which continuously samples the 
regulated parameter without interruption, and evaluates the detector 
response at least once each 15 seconds, and computes and records the 
average value at least every 60 seconds.
    (ii) The rolling average for the selected averaging period is 
defined as arithmetic mean of one hour block averages for the averaging 
period. A one hour block average is the arithmetic mean of the one 
minute averages recorded during the 60-minute period beginning at one 
minute after the beginning of preceding clock hour; and
    (3) The operating limit for the feed rate of each metal shall be 
established based on compliance test data as the average over all test 
runs of the highest hourly rolling average feed rate for each run.
    (D) Feed rate limits for metals, total chloride and chlorine, and 
ash. Feed rate limits for metals, total chlorine and chloride, and ash 
are established and monitored by knowing the concentration of the 
substance (i.e., metals, chloride/chlorine, and ash) in each feedstream 
and the flow rate of the feedstream. To monitor the feed rate of these 
substances, the flow rate of each feedstream must be monitored under the 
continuous monitoring requirements of paragraphs (c)(4)(iv) (A) through 
(C) of this section.
    (v) Certification of compliance statement. The following statement 
shall accompany the certification of compliance:

    ``I certify under penalty of law that this information was prepared 
under my direction or supervision in accordance with a system designed 
to ensure that qualified personnel properly gathered and evaluated the 
information and supporting documentation. Copies of all emissions tests, 
dispersion modeling results and other information used to determine 
conformance with the requirements of Sec. 266.103(c) are available at 
the facility and can be obtained from the facility contact person listed 
above. Based on my inquiry of the person or persons who manages the 
facility, or those persons directly responsible for gathering the 
information, the information submitted is, to the best of my knowledge 
and belief, true, accurate, and complete. I am aware that there are 
significant penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.
    I also acknowledge that the operating conditions established in this 
certification pursuant to Sec. 266.103(c)(4)(iv) are enforceable limits 
at which the facility can legally operate during interim status until a 
revised certification of compliance is submitted.''

    (5) Special requirements for HC monitoring systems. When an owner or 
operator is required to comply with the hydrocarbon (HC) controls 
provided by Sec. 266.104(c) or paragraph (a)(5)(i)(D) of this section, 
a conditioned gas monitoring system may be used in conformance with 
specifications provided in appendix IX of this part provided that the 
owner or operator submits a certification of compliance without using 
extensions of time provided by paragraph (c)(7) of this section.
    (6) Special operating requirements for industrial furnaces that 
recycle collected PM. Owners and operators of industrial furnaces that 
recycle back into the furnace particulate matter (PM) from the air 
pollution control system must:
    (i) When complying with the requirements of paragraph (c)(3)(ii)(A) 
of this section, comply with the operating requirements prescribed in 
``Alternative Method to Implement the Metals Controls'' in appendix IX 
of this part; and
    (ii) When complying with the requirements of paragraph (c)(3)(ii)(B) 
of this section, comply with the operating requirements prescribed by 
that paragraph.
    (7) Extensions of time. (i) If the owner or operator does not submit 
a complete certification of compliance for all of the applicable 
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107 
by August 21, 1992, he/she must either:

[[Page 32]]

    (A) Stop burning hazardous waste and begin closure activities under 
paragraph (l) of this section for the hazardous waste portion of the 
facility; or
    (B) Limit hazardous waste burning only for purposes of compliance 
testing (and pretesting to prepare for compliance testing) a total 
period of 720 hours for the period of time beginning August 21, 1992, 
submit a notification to the Director by August 21, 1992 stating that 
the facility is operating under restricted interim status and intends to 
resume burning hazardous waste, and submit a complete certification of 
compliance by August 23, 1993; or
    (C) Obtain a case-by-case extension of time under paragraph 
(c)(7)(ii) of this section.
    (ii) The owner or operator may request a case-by-case extension of 
time to extend any time limit provided by paragraph (c) of this section 
if compliance with the time limit is not practicable for reasons beyond 
the control of the owner or operator.
    (A) In granting an extension, the Director may apply conditions as 
the facts warrant to ensure timely compliance with the requirements of 
this section and that the facility operates in a manner that does not 
pose a hazard to human health and the environment;
    (B) When an owner or operator requests an extension of time to 
enable the facility to comply with the alternative hydrocarbon 
provisions of Sec. 266.104(f) and obtain a RCRA operating permit 
because the facility cannot meet the HC limit of Sec. 266.104(c) of 
this chapter:
    (1) The Director shall, in considering whether to grant the 
extension:
    (i) Determine whether the owner and operator have submitted in a 
timely manner a complete part B permit application that includes 
information required under Sec. 270.22(b) of this chapter; and
    (ii) Consider whether the owner and operator have made a good faith 
effort to certify compliance with all other emission controls, including 
the controls on dioxins and furans of Sec. 266.104(e) and the controls 
on PM, metals, and HCl/Cl2.
    (2) If an extension is granted, the Director shall, as a condition 
of the extension, require the facility to operate under flue gas 
concentration limits on CO and HC that, based on available information, 
including information in the part B permit application, are baseline CO 
and HC levels as defined by Sec. 266.104(f)(1).
    (8) Revised certification of compliance. The owner or operator may 
submit at any time a revised certification of compliance 
(recertification of compliance) under the following procedures:
    (i) Prior to submittal of a revised certification of compliance, 
hazardous waste may not be burned for more than a total of 720 hours 
under operating conditions that exceed those established under a current 
certification of compliance, and such burning may be conducted only for 
purposes of determining whether the facility can operate under revised 
conditions and continue to meet the applicable emissions standards of 
Sec. Sec. 266.104, 266.105, 266.106, and 266.107;
    (ii) At least 30 days prior to first burning hazardous waste under 
operating conditions that exceed those established under a current 
certification of compliance, the owner or operator shall notify the 
Director and submit the following information:
    (A) EPA facility ID number, and facility name, contact person, 
telephone number, and address;
    (B) Operating conditions that the owner or operator is seeking to 
revise and description of the changes in facility design or operation 
that prompted the need to seek to revise the operating conditions;
    (C) A determination that when operating under the revised operating 
conditions, the applicable emissions standards of Sec. Sec. 266.104, 
266.105, 266.106, and 266.107 are not likely to be exceeded. To document 
this determination, the owner or operator shall submit the applicable 
information required under paragraph (b)(2) of this section; and
    (D) Complete emissions testing protocol for any pretesting and for a 
new compliance test to determine compliance with the applicable 
emissions standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107 
when operating under revised operating conditions. The protocol shall 
include a schedule of pre-testing and compliance testing. If the

[[Page 33]]

owner and operator revises the scheduled date for the compliance test, 
he/she shall notify the Director in writing at least 30 days prior to 
the revised date of the compliance test;
    (iii) Conduct a compliance test under the revised operating 
conditions and the protocol submitted to the Director to determine 
compliance with the applicable emissions standards of Sec. Sec. 
266.104, 266.105, 266.106, and 266.107; and
    (iv) Submit a revised certification of compliance under paragraph 
(c)(4) of this section.
    (d) Periodic Recertifications. The owner or operator must conduct 
compliance testing and submit to the Director a recertification of 
compliance under provisions of paragraph (c) of this section within five 
years from submitting the previous certification or recertification. If 
the owner or operator seeks to recertify compliance under new operating 
conditions, he/she must comply with the requirements of paragraph (c)(8) 
of this section.
    (e) Noncompliance with certification schedule. If the owner or 
operator does not comply with the interim status compliance schedule 
provided by paragraphs (b), (c), and (d) of this section, hazardous 
waste burning must terminate on the date that the deadline is missed, 
closure activities must begin under paragraph (l) of this section, and 
hazardous waste burning may not resume except under an operating permit 
issued under Sec. 270.66 of this chapter. For purposes of compliance 
with the closure provisions of paragraph (l) of this section and 
Sec. Sec. 265.112(d)(2) and 265.113 of this chapter the boiler or 
industrial furnace has received ``the known final volume of hazardous 
waste'' on the date that the deadline is missed.
    (f) Start-up and shut-down. Hazardous waste (except waste fed solely 
as an ingredient under the Tier I (or adjusted Tier I) feed rate 
screening limits for metals and chloride/chlorine) must not be fed into 
the device during start-up and shut-down of the boiler or industrial 
furnace, unless the device is operating within the conditions of 
operation specified in the certification of compliance.
    (g) Automatic waste feed cutoff. During the compliance test required 
by paragraph (c)(3) of this section, and upon certification of 
compliance under paragraph (c) of this section, a boiler or industrial 
furnace must be operated with a functioning system that automatically 
cuts off the hazardous waste feed when the applicable operating 
conditions specified in paragraphs (c)(1) (i) and (v through xiii) of 
this section deviate from those established in the certification of 
compliance. In addition:
    (1) To minimize emissions of organic compounds, the minimum 
combustion chamber temperature (or the indicator of combustion chamber 
temperature) that occurred during the compliance test must be maintained 
while hazardous waste or hazardous waste residues remain in the 
combustion chamber, with the minimum temperature during the compliance 
test defined as either:
    (i) If compliance with the combustion chamber temperature limit is 
based on an hourly rolling average, the minimum temperature during the 
compliance test is considered to be the average over all runs of the 
lowest hourly rolling average for each run; or
    (ii) If compliance with the combustion chamber temperature limit is 
based on an instantaneous temperature measurement, the minimum 
temperature during the compliance test is considered to be the time-
weighted average temperature during all runs of the test; and
    (2) Operating parameters limited by the certification of compliance 
must continue to be monitored during the cutoff, and the hazardous waste 
feed shall not be restarted until the levels of those parameters comply 
with the limits established in the certification of compliance.
    (h) Fugitive emissions. Fugitive emissions must be controlled by:
    (1) Keeping the combustion zone totally sealed against fugitive 
emissions; or
    (2) Maintaining the combustion zone pressure lower than atmospheric 
pressure; or
    (3) An alternate means of control that the owner or operator can 
demonstrate provide fugitive emissions control equivalent to maintenance 
of combustion zone pressure lower than atmospheric pressure. Support for 
such

[[Page 34]]

demonstration shall be included in the operating record.
    (i) Changes. A boiler or industrial furnace must cease burning 
hazardous waste when changes in combustion properties, or feed rates of 
the hazardous waste, other fuels, or industrial furnace feedstocks, or 
changes in the boiler or industrial furnace design or operating 
conditions deviate from the limits specified in the certification of 
compliance.
    (j) Monitoring and Inspections. (1) The owner or operator must 
monitor and record the following, at a minimum, while burning hazardous 
waste:
    (i) Feed rates and composition of hazardous waste, other fuels, and 
industrial furnace feed stocks, and feed rates of ash, metals, and total 
chloride and chlorine as necessary to ensure conformance with the 
certification of precompliance or certification of compliance;
    (ii) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons 
(HC), on a continuous basis at a common point in the boiler or 
industrial furnace downstream of the combustion zone and prior to 
release of stack gases to the atmosphere in accordance with the 
operating limits specified in the certification of compliance. CO, HC, 
and oxygen monitors must be installed, operated, and maintained in 
accordance with methods specified in appendix IX of this part.
    (iii) Upon the request of the Director, sampling and analysis of the 
hazardous waste (and other fuels and industrial furnace feed stocks as 
appropriate) and the stack gas emissions must be conducted to verify 
that the operating conditions established in the certification of 
precompliance or certification of compliance achieve the applicable 
standards of Sec. Sec. 266.104, 266.105, 266.106, and 266.107.
    (2) The boiler or industrial furnace and associated equipment 
(pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to 
thorough visual inspection when they contain hazardous waste, at least 
daily for leaks, spills, fugitive emissions, and signs of tampering.
    (3) The automatic hazardous waste feed cutoff system and associated 
alarms must be tested at least once every 7 days when hazardous waste is 
burned to verify operability, unless the owner or operator can 
demonstrate that weekly inspections will unduly restrict or upset 
operations and that less frequent inspections will be adequate. Support 
for such demonstration shall be included in the operating record. At a 
minimum, operational testing must be conducted at least once every 30 
days.
    (4) These monitoring and inspection data must be recorded and the 
records must be placed in the operating log.
    (k) Recordkeeping. The owner or operator must keep in the operating 
record of the facility all information and data required by this section 
for five years.
    (l) Closure. At closure, the owner or operator must remove all 
hazardous waste and hazardous waste residues (including, but not limited 
to, ash, scrubber waters, and scrubber sludges) from the boiler or 
industrial furnace and must comply with Sec. Sec. 265.111-265.115 of 
this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 56 
FR 42512, 42514, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 57 FR 45000, 
Sept. 30, 1992; 60 FR 33913, June 29, 1995; 71 FR 16913, Apr. 4, 2006; 
71 FR 40277, July 14, 2006]



Sec. 266.104  Standards to control organic emissions.

    (a) DRE standard--(1) General. Except as provided in paragraph 
(a)(3) of this section, a boiler or industrial furnace burning hazardous 
waste must achieve a destruction and removal efficiency (DRE) of 99.99% 
for all organic hazardous constituents in the waste feed. To demonstrate 
conformance with this requirement, 99.99% DRE must be demonstrated 
during a trial burn for each principal organic hazardous constituent 
(POHC) designated (under paragraph (a)(2) of this section) in its permit 
for each waste feed. DRE is determined for each POHC from the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.000

where:

Win= Mass feed rate of one principal organic hazardous 
          constituent (POHC) in the hazardous waste fired to the boiler 
          or industrial furnace; and

[[Page 35]]

Wout= Mass emission rate of the same POHC present in stack 
          gas prior to release to the atmosphere.

    (2) Designation of POHCs. Principal organic hazardous constituents 
(POHCs) are those compounds for which compliance with the DRE 
requirements of this section shall be demonstrated in a trial burn in 
conformance with procedures prescribed in Sec. 270.66 of this chapter. 
One or more POHCs shall be designated by the Director for each waste 
feed to be burned. POHCs shall be designated based on the degree of 
difficulty of destruction of the organic constituents in the waste and 
on their concentrations or mass in the waste feed considering the 
results of waste analyses submitted with part B of the permit 
application. POHCs are most likely to be selected from among those 
compounds listed in part 261, appendix VIII of this chapter that are 
also present in the normal waste feed. However, if the applicant 
demonstrates to the Regional Administrator's satisfaction that a 
compound not listed in appendix VIII or not present in the normal waste 
feed is a suitable indicator of compliance with the DRE requirements of 
this section, that compound may be designated as a POHC. Such POHCs need 
not be toxic or organic compounds.
    (3) Dioxin-listed waste. A boiler or industrial furnace burning 
hazardous waste containing (or derived from) EPA Hazardous Wastes Nos. 
F020, F021, F022, F023, F026, or F027 must achieve a destruction and 
removal efficiency (DRE) of 99.9999% for each POHC designated (under 
paragraph (a)(2) of this section) in its permit. This performance must 
be demonstrated on POHCs that are more difficult to burn than tetra-, 
penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is 
determined for each POHC from the equation in paragraph (a)(1) of this 
section. In addition, the owner or operator of the boiler or industrial 
furnace must notify the Director of intent to burn EPA Hazardous Waste 
Nos. F020, F021, F022, F023, F026, or F027.
    (4) Automatic waiver of DRE trial burn. Owners and operators of 
boilers operated under the special operating requirements provided by 
Sec. 266.110 are considered to be in compliance with the DRE standard 
of paragraph (a)(1) of this section and are exempt from the DRE trial 
burn.
    (5) Low risk waste. Owners and operators of boilers or industrial 
furnaces that burn hazardous waste in compliance with the requirements 
of Sec. 266.109(a) are considered to be in compliance with the DRE 
standard of paragraph (a)(1) of this section and are exempt from the DRE 
trial burn.
    (b) Carbon monoxide standard. (1) Except as provided in paragraph 
(c) of this section, the stack gas concentration of carbon monoxide (CO) 
from a boiler or industrial furnace burning hazardous waste cannot 
exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60 
minute period), continuously corrected to 7 percent oxygen, dry gas 
basis.
    (2) CO and oxygen shall be continuously monitored in conformance 
with ``Performance Specifications for Continuous Emission Monitoring of 
Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial 
Furnaces Burning Hazardous Waste'' in appendix IX of this part.
    (3) Compliance with the 100 ppmv CO limit must be demonstrated 
during the trial burn (for new facilities or an interim status facility 
applying for a permit) or the compliance test (for interim status 
facilities). To demonstrate compliance, the highest hourly rolling 
average CO level during any valid run of the trial burn or compliance 
test must not exceed 100 ppmv.
    (c) Alternative carbon monoxide standard. (1) The stack gas 
concentration of carbon monoxide (CO) from a boiler or industrial 
furnace burning hazardous waste may exceed the 100 ppmv limit provided 
that stack gas concentrations of hydrocarbons (HC) do not exceed 20 
ppmv, except as provided by paragraph (f) of this section for certain 
industrial furnaces.
    (2) HC limits must be established under this section on an hourly 
rolling average basis (i.e., over any 60 minute period), reported as 
propane, and continuously corrected to 7 percent oxygen, dry gas basis.
    (3) HC shall be continuously monitored in conformance with 
``Performance Specifications for Continuous Emission Monitoring of 
Hydrocarbons

[[Page 36]]

for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous 
Waste'' in appendix IX of this part. CO and oxygen shall be continuously 
monitored in conformance with paragraph (b)(2) of this section.
    (4) The alternative CO standard is established based on CO data 
during the trial burn (for a new facility) and the compliance test (for 
an interim status facility). The alternative CO standard is the average 
over all valid runs of the highest hourly average CO level for each run. 
The CO limit is implemented on an hourly rolling average basis, and 
continuously corrected to 7 percent oxygen, dry gas basis.
    (d) Special requirements for furnaces. Owners and operators of 
industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for 
a purpose other than solely as an ingredient (see Sec. 
266.103(a)(5)(ii)) at any location other than the end where products are 
normally discharged and where fuels are normally fired must comply with 
the hydrocarbon limits provided by paragraphs (c) or (f) of this section 
irrespective of whether stack gas CO concentrations meet the 100 ppmv 
limit of paragraph (b) of this section.
    (e) Controls for dioxins and furans. Owners and operators of boilers 
and industrial furnaces that are equipped with a dry particulate matter 
control device that operates within the temperature range of 450-750 
[deg]F, and industrial furnaces operating under an alternative 
hydrocarbon limit established under paragraph (f) of this section must 
conduct a site-specific risk assessment as follows to demonstrate that 
emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not 
result in an increased lifetime cancer risk to the hypothetical maximum 
exposed individual (MEI) exceeding 1 in 100,000:
    (1) During the trial burn (for new facilities or an interim status 
facility applying for a permit) or compliance test (for interim status 
facilities), determine emission rates of the tetra-octa congeners of 
chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 
0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and 
Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11 of this 
chapter or Method 23, provided in Appendix A-7, Part 60 of this chapter.
    (2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa 
CDDs/CDFs congeners using ``Procedures for Estimating the Toxicity 
Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners'' 
in appendix IX of this part. Multiply the emission rates of CDD/CDF 
congeners with a toxicity equivalence greater than zero (see the 
procedure) by the calculated toxicity equivalence factor to estimate the 
equivalent emission rate of 2,3,7,8-TCDD;
    (3) Conduct dispersion modeling using methods recommended in 
appendix W of part 51 of this chapter (``Guideline on Air Quality Models 
(Revised)'' (1986) and its supplements), the ``Hazardous Waste 
Combustion Air Quality Screening Procedure'', provided in appendix IX of 
this part, or in Screening Procedures for Estimating the Air Quality 
Impact of Stationary Sources, Revised (incorporated by reference in 
Sec. 260.11) to predict the maximum annual average off-site ground 
level concentration of 2,3,7,8-TCDD equivalents determined under 
paragraph (e)(2) of this section. The maximum annual average 
concentration must be used when a person resides on-site; and
    (4) The ratio of the predicted maximum annual average ground level 
concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 
2,3,7,8-TCDD provided in appendix V of this part (2.2 x 10-7) 
shall not exceed 1.0.
    (f) Monitoring CO and HC in the by-pass duct of a cement kiln. 
Cement kilns may comply with the carbon monoxide and hydrocarbon limits 
provided by paragraphs (b), (c), and (d) of this section by monitoring 
in the by-pass duct provided that:
    (1) Hazardous waste is fired only into the kiln and not at any 
location downstream from the kiln exit relative to the direction of gas 
flow; and
    (2) The by-pass duct diverts a minimum of 10% of kiln off-gas into 
the duct.

[[Page 37]]

    (g) Use of emissions test data to demonstrate compliance and 
establish operating limits. Compliance with the requirements of this 
section must be demonstrated simultaneously by emissions testing or 
during separate runs under identical operating conditions. Further, data 
to demonstrate compliance with the CO and HC limits of this section or 
to establish alternative CO or HC limits under this section must be 
obtained during the time that DRE testing, and where applicable, CDD/CDF 
testing under paragraph (e) of this section and comprehensive organic 
emissions testing under paragraph (f) is conducted.
    (h) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in the permit (under Sec. 
266.102) will be regarded as compliance with this section. However, 
evidence that compliance with those permit conditions is insufficient to 
ensure compliance with the requirements of this section may be 
``information'' justifying modification or revocation and re-issuance of 
a permit under Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991, as amended at 57 
FR 38565, Aug. 25, 1992; 58 FR 38883, July 20, 1993; 60 FR 33914, June 
29, 1995; 62 FR 32463, June 13, 1997; 88 FR 16774, Mar. 20, 2023]



Sec. 266.105  Standards to control particulate matter.

    (a) A boiler or industrial furnace burning hazardous waste may not 
emit particulate matter in excess of 180 milligrams per dry standard 
cubic meter (0.08 grains per dry standard cubic foot) after correction 
to a stack gas concentration of 7% oxygen, using procedures prescribed 
in 40 CFR part 60, appendix A, methods 1 through 5, and appendix IX of 
this part.
    (b) An owner or operator meeting the requirements of Sec. 
266.109(b) for the low risk waste exemption is exempt from the 
particulate matter standard.
    (c) Oxygen correction. (1) Measured pollutant levels must be 
corrected for the amount of oxygen in the stack gas according to the 
formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.027

Where:

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

    (2) For devices that feed normal combustion air, E will equal 21 
percent. For devices that feed oxygen-enriched air for combustion (that 
is, air with an oxygen concentration exceeding 21 percent), the value of 
E will be the concentration of oxygen in the enriched air.
    (3) Compliance with all emission standards provided by this subpart 
must be based on correcting to 7 percent oxygen using this procedure.
    (d) For the purposes of permit enforcement, compliance with the 
operating requirements specified in the permit (under Sec. 266.102) 
will be regarded as compliance with this section. However, evidence that 
compliance with those permit conditions is insufficient to ensure 
compliance with the requirements of this section may be ``information'' 
justifying modification or revocation and re-issuance of a permit under 
Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991, as amended at 64 FR 53075, Sept. 30, 1999]



Sec. 266.106  Standards to control metals emissions.

    (a) General. The owner or operator must comply with the metals 
standards provided by paragraphs (b), (c), (d), (e), or (f) of this 
section for each metal listed in paragraph (b) of this section that is 
present in the hazardous waste at detectable levels by using appropriate 
analytical procedures.
    (b) Tier I feed rate screening limits. Feed rate screening limits 
for metals are specified in appendix I of this part as a function of 
terrain-adjusted effective stack height and terrain and land use in the 
vicinity of the facility. Criteria for facilities that are not eligible 
to comply with the screening limits are provided in paragraph (b)(7) of 
this section.
    (1) Noncarcinogenic metals. The feed rates of antimony, barium, 
lead, mercury, thallium, and silver in all feed streams, including 
hazardous waste,

[[Page 38]]

fuels, and industrial furnace feed stocks shall not exceed the screening 
limits specified in appendix I of this part.
    (i) The feed rate screening limits for antimony, barium, mercury, 
thallium, and silver are based on either:
    (A) An hourly rolling average as defined in Sec. 
266.102(e)(6)(i)(B); or
    (B) An instantaneous limit not to be exceeded at any time.
    (ii) The feed rate screening limit for lead is based on one of the 
following:
    (A) An hourly rolling average as defined in Sec. 
266.102(e)(6)(i)(B);
    (B) An averaging period of 2 to 24 hours as defined in Sec. 
266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10 
times the feed rate that would be allowed on an hourly rolling average 
basis; or
    (C) An instantaneous limit not to be exceeded at any time.
    (2) Carcinogenic metals. (i) The feed rates of arsenic, cadmium, 
beryllium, and chromium in all feed streams, including hazardous waste, 
fuels, and industrial furnace feed stocks shall not exceed values 
derived from the screening limits specified in appendix I of this part. 
The feed rate of each of these metals is limited to a level such that 
the sum of the ratios of the actual feed rate to the feed rate screening 
limit specified in appendix I shall not exceed 1.0, as provided by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.001

where:

n = number of carcinogenic metals
AFR = actual feed rate to the device for metal ``i''
FRSL = feed rate screening limit provided by appendix I of this part for 
          metal ``i''.

    (ii) The feed rate screening limits for the carcinogenic metals are 
based on either:
    (A) An hourly rolling average; or
    (B) An averaging period of 2 to 24 hours as defined in Sec. 
266.102(e)(6)(ii) with an instantaneous feed rate limit not to exceed 10 
times the feed rate that would be allowed on an hourly rolling average 
basis.
    (3) TESH. (i) The terrain-adjusted effective stack height is 
determined according to the following equation:

TESH = Ha + H1-Tr

where:

Ha = Actual physical stack height
H1 = Plume rise as determined from appendix VI of this part as a 
          function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the stack.

    (ii) The stack height (Ha) may not exceed good engineering practice 
as specified in 40 CFR 51.100(ii).
    (iii) If the TESH for a particular facility is not listed in the 
table in the appendices, the nearest lower TESH listed in the table 
shall be used. If the TESH is four meters or less, a value of four 
meters shall be used.
    (4) Terrain type. The screening limits are a function of whether the 
facility is located in noncomplex or complex terrain. A device located 
where any part of the surrounding terrain within 5 kilometers of the 
stack equals or exceeds the elevation of the physical stack height (Ha) 
is considered to be in complex terrain and the screening limits for 
complex terrain apply. Terrain measurements are to be made from U.S. 
Geological Survey 7.5-minute topographic maps of the area surrounding 
the facility.
    (5) Land use. The screening limits are a function of whether the 
facility is located in an area where the land use is urban or rural. To 
determine whether land use in the vicinity of the facility is urban or 
rural, procedures provided in appendices IX or X of this part shall be 
used.
    (6) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls of metals emissions 
under a RCRA operating permit or interim status controls must comply 
with the screening limits for all such units assuming all hazardous 
waste is fed into the device with the worst-case stack based on 
dispersion characteristics. The worst-case stack is determined from the 
following equation as applied to each stack:

K = HVT


[[Page 39]]


Where:

K = a parameter accounting for relative influence of stack height and 
          plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m\3\/second); and
T = exhaust temperature ([deg]K).
The stack with the lowest value of K is the worst-case stack.

    (7) Criteria for facilities not eligible for screening limits. If 
any criteria below are met, the Tier I and Tier II screening limits do 
not apply. Owners and operators of such facilities must comply with 
either the Tier III standards provided by paragraph (d) of this section 
or with the adjusted Tier I feed rate screening limits provided by 
paragraph (e) of this section.
    (i) The device is located in a narrow valley less than one kilometer 
wide;
    (ii) The device has a stack taller than 20 meters and is located 
such that the terrain rises to the physical height within one kilometer 
of the facility;
    (iii) The device has a stack taller than 20 meters and is located 
within five kilometers of a shoreline of a large body of water such as 
an ocean or large lake;
    (iv) The physical stack height of any stack is less than 2.5 times 
the height of any building within five building heights or five 
projected building widths of the stack and the distance from the stack 
to the closest boundary is within five building heights or five 
projected building widths of the associated building; or
    (v) The Director determines that standards based on site-specific 
dispersion modeling are required.
    (8) Implementation. The feed rate of metals in each feedstream must 
be monitored to ensure that the feed rate screening limits are not 
exceeded.
    (c) Tier II emission rate screening limits. Emission rate screening 
limits are specified in appendix I as a function of terrain-adjusted 
effective stack height and terrain and land use in the vicinity of the 
facility. Criteria for facilities that are not eligible to comply with 
the screening limits are provided in paragraph (b)(7) of this section.
    (1) Noncarcinogenic metals. The emission rates of antimony, barium, 
lead, mercury, thallium, and silver shall not exceed the screening 
limits specified in appendix I of this part.
    (2) Carcinogenic metals. The emission rates of arsenic, cadmium, 
beryllium, and chromium shall not exceed values derived from the 
screening limits specified in appendix I of this part. The emission rate 
of each of these metals is limited to a level such that the sum of the 
ratios of the actual emission rate to the emission rate screening limit 
specified in appendix I shall not exceed 1.0, as provided by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.002

where:

n = number of carcinogenic metals
AER = actual emission rate for metal ``i''
ERSL = emission rate screening limit provided by appendix I of this part 
          for metal ``i''.

    (3) Implementation. The emission rate limits must be implemented by 
limiting feed rates of the individual metals to levels during the trial 
burn (for new facilities or an interim status facility applying for a 
permit) or the compliance test (for interim status facilities). The feed 
rate averaging periods are the same as provided by paragraphs (b)(1)(i) 
and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each 
feedstream must be monitored to ensure that the feed rate limits for the 
feedstreams specified under Sec. Sec. 266.102 or 266.103 are not 
exceeded.
    (4) Definitions and limitations. The definitions and limitations 
provided by paragraph (b) of this section for the following terms also 
apply to the Tier II emission rate screening limits provided by 
paragraph (c) of this section: terrain-adjusted effective stack height, 
good engineering practice stack height, terrain type, land use, and 
criteria for facilities not eligible to use the screening limits.
    (5) Multiple stacks. (i) Owners and operators of facilities with 
more than one onsite stack from a boiler, industrial furnace, 
incinerator, or other thermal treatment unit subject to controls on 
metals emissions under a RCRA operating permit or interim status 
controls must comply with the emissions screening limits for any such 
stacks assuming all hazardous waste is fed into

[[Page 40]]

the device with the worst-case stack based on dispersion 
characteristics.
    (ii) The worst-case stack is determined by procedures provided in 
paragraph (b)(6) of this section.
    (iii) For each metal, the total emissions of the metal from those 
stacks shall not exceed the screening limit for the worst-case stack.
    (d) Tier III and Adjusted Tier I site-specific risk assessment. The 
requirements of this paragraph apply to facilities complying with either 
the Tier III or Adjusted Tier I controls, except where specified 
otherwise.
    (1) General. Conformance with the Tier III metals controls must be 
demonstrated by emissions testing to determine the emission rate for 
each metal. In addition, conformance with either the Tier III or 
Adjusted Tier I metals controls must be demonstrated by air dispersion 
modeling to predict the maximum annual average off-site ground level 
concentration for each metal, and a demonstration that acceptable 
ambient levels are not exceeded.
    (2) Acceptable ambient levels. Appendices IV and V of this part list 
the acceptable ambient levels for purposes of this rule. Reference air 
concentrations (RACs) are listed for the noncarcinogenic metals and 
10-5 risk-specific doses (RSDs) are listed for the 
carcinogenic metals. The RSD for a metal is the acceptable ambient level 
for that metal provided that only one of the four carcinogenic metals is 
emitted. If more than one carcinogenic metal is emitted, the acceptable 
ambient level for the carcinogenic metals is a fraction of the RSD as 
described in paragraph (d)(3) of this section.
    (3) Carcinogenic metals. For the carcinogenic metals, arsenic, 
cadmium, beryllium, and chromium, the sum of the ratios of the predicted 
maximum annual average off-site ground level concentrations (except that 
on-site concentrations must be considered if a person resides on site) 
to the risk-specific dose (RSD) for all carcinogenic metals emitted 
shall not exceed 1.0 as determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.003

where: n = number of carcinogenic metals

    (4) Noncarcinogenic metals. For the noncarcinogenic metals, the 
predicted maximum annual average off-site ground level concentration for 
each metal shall not exceed the reference air concentration (RAC).
    (5) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls on metals emissions 
under a RCRA operating permit or interim status controls must conduct 
emissions testing (except that facilities complying with Adjusted Tier I 
controls need not conduct emissions testing) and dispersion modeling to 
demonstrate that the aggregate emissions from all such on-site stacks do 
not result in an exceedance of the acceptable ambient levels.
    (6) Implementation. Under Tier III, the metals controls must be 
implemented by limiting feed rates of the individual metals to levels 
during the trial burn (for new facilities or an interim status facility 
applying for a permit) or the compliance test (for interim status 
facilities). The feed rate averaging periods are the same as provided by 
paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The feed 
rate of metals in each feedstream must be monitored to ensure that the 
feed rate limits for the feedstreams specified under Sec. Sec. 266.102 
or 266.103 are not exceeded.
    (e) Adjusted Tier I feed rate screening limits. The owner or 
operator may adjust the feed rate screening limits provided by appendix 
I of this part to account for site-specific dispersion modeling. Under 
this approach, the adjusted feed rate screening limit for a

[[Page 41]]

metal is determined by back-calculating from the acceptable ambient 
level provided by appendices IV and V of this part using dispersion 
modeling to determine the maximum allowable emission rate. This emission 
rate becomes the adjusted Tier I feed rate screening limit. The feed 
rate screening limits for carcinogenic metals are implemented as 
prescribed in paragraph (b)(2) of this section.
    (f) Alternative implementation approaches. (1) The Director may 
approve on a case-by-case basis approaches to implement the Tier II or 
Tier III metals emission limits provided by paragraphs (c) or (d) of 
this section alternative to monitoring the feed rate of metals in each 
feedstream.
    (2) The emission limits provided by paragraph (d) of this section 
must be determined as follows:
    (i) For each noncarcinogenic metal, by back-calculating from the RAC 
provided in appendix IV of this part to determine the allowable emission 
rate for each metal using the dilution factor for the maximum annual 
average ground level concentration predicted by dispersion modeling in 
conformance with paragraph (h) of this section; and
    (ii) For each carcinogenic metal by:
    (A) Back-calculating from the RSD provided in appendix V of this 
part to determine the allowable emission rate for each metal if that 
metal were the only carcinogenic metal emitted using the dilution factor 
for the maximum annual average ground level concentration predicted by 
dispersion modeling in conformance with paragraph (h) of this section; 
and
    (B) If more than one carcinogenic metal is emitted, selecting an 
emission limit for each carcinogenic metal not to exceed the emission 
rate determined by paragraph (f)(2)(ii)(A) of this section such that the 
sum for all carcinogenic metals of the ratios of the selected emission 
limit to the emission rate determined by that paragraph does not exceed 
1.0.
    (g) Emission testing--(1) General. Emission testing for metals shall 
be conducted using Method 0060, Determinations of Metals in Stack 
Emissions, EPA Publication SW-846, as incorporated by reference in Sec. 
260.11 of this chapter.
    (2) Hexavalent chromium. Emissions of chromium are assumed to be 
hexavalent chromium unless the owner or operator conducts emissions 
testing to determine hexavalent chromium emissions using procedures 
prescribed in Method 0061, Determination of Hexavalent Chromium 
Emissions from Stationary Sources, EPA Publication SW-846, as 
incorporated by reference in Sec. 260.11 of this chapter.
    (h) Dispersion Modeling. Dispersion modeling required under this 
section shall be conducted according to methods recommended in appendix 
W of part 51 of this chapter (``Guideline on Air Quality Models 
(Revised)'' (1986) and its supplements), the ``Hazardous Waste 
Combustion Air Quality Screening Procedure'', provided in appendix IX of 
this part, or in Screening Procedures for Estimating the Air Quality 
Impact of Stationary Sources, Revised (incorporated by reference in 
Sec. 260.11) to predict the maximum annual average off-site ground 
level concentration. However, on-site concentrations must be considered 
when a person resides on-site.
    (i) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in the permit (under Sec. 
266.102) will be regarded as compliance with this section. However, 
evidence that compliance with those permit conditions is insufficient to 
ensure compliance with the requirements of this section may be 
``information'' justifying modification or revocation and re-issuance of 
a permit under Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32689, July 17, 1991; 57 FR 38565, 
Aug. 25, 1992; 58 FR 38883, July 20, 1993; 62 FR 32463, June 13, 1997; 
70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 2006]



Sec. 266.107  Standards to control hydrogen chloride (HCl) and
chlorine gas (Cl2) emissions.

    (a) General. The owner or operator must comply with the hydrogen 
chloride (HCl) and chlorine (Cl2) controls provided by 
paragraph (b), (c), or (e) of this section.
    (b) Screening limits--(1) Tier I feed rate screening limits. Feed 
rate screening limits are specified for total chlorine in appendix II of 
this part as a function of terrain-adjusted effective stack

[[Page 42]]

height and terrain and land use in the vicinity of the facility. The 
feed rate of total chlorine and chloride, both organic and inorganic, in 
all feed streams, including hazardous waste, fuels, and industrial 
furnace feed stocks shall not exceed the levels specified.
    (2) Tier II emission rate screening limits. Emission rate screening 
limits for HCl and Cl2 are specified in appendix III of this 
part as a function of terrain-adjusted effective stack height and 
terrain and land use in the vicinity of the facility. The stack emission 
rates of HCl and Cl2 shall not exceed the levels specified.
    (3) Definitions and limitations. The definitions and limitations 
provided by Sec. 266.106(b) for the following terms also apply to the 
screening limits provided by this paragraph: terrain-adjusted effective 
stack height, good engineering practice stack height, terrain type, land 
use, and criteria for facilities not eligible to use the screening 
limits.
    (4) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls on HCl or 
Cl2 emissions under a RCRA operating permit or interim status 
controls must comply with the Tier I and Tier II screening limits for 
those stacks assuming all hazardous waste is fed into the device with 
the worst-case stack based on dispersion characteristics.
    (i) The worst-case stack is determined by procedures provided in 
Sec. 266.106(b)(6).
    (ii) Under Tier I, the total feed rate of chlorine and chloride to 
all subject devices shall not exceed the screening limit for the worst-
case stack.
    (iii) Under Tier II, the total emissions of HCl and Cl2 
from all subject stacks shall not exceed the screening limit for the 
worst-case stack.
    (c) Tier III site-specific risk assessments--(1) General. 
Conformance with the Tier III controls must be demonstrated by emissions 
testing to determine the emission rate for HCl and Cl2, air 
dispersion modeling to predict the maximum annual average off-site 
ground level concentration for each compound, and a demonstration that 
acceptable ambient levels are not exceeded.
    (2) Acceptable ambient levels. Appendix IV of this part lists the 
reference air concentrations (RACs) for HCl (7 micrograms per cubic 
meter) and Cl2 (0.4 micrograms per cubic meter).
    (3) Multiple stacks. Owners and operators of facilities with more 
than one on-site stack from a boiler, industrial furnace, incinerator, 
or other thermal treatment unit subject to controls on HCl or 
Cl2 emissions under a RCRA operating permit or interim status 
controls must conduct emissions testing and dispersion modeling to 
demonstrate that the aggregate emissions from all such on-site stacks do 
not result in an exceedance of the acceptable ambient levels for HCl and 
Cl2.
    (d) Averaging periods. The HCl and Cl2 controls are 
implemented by limiting the feed rate of total chlorine and chloride in 
all feedstreams, including hazardous waste, fuels, and industrial 
furnace feed stocks. Under Tier I, the feed rate of total chloride and 
chlorine is limited to the Tier I Screening Limits. Under Tier II and 
Tier III, the feed rate of total chloride and chlorine is limited to the 
feed rates during the trial burn (for new facilities or an interim 
status facility applying for a permit) or the compliance test (for 
interim status facilities). The feed rate limits are based on either:
    (1) An hourly rolling average as defined in Sec. 266.102(e)(6); or
    (2) An instantaneous basis not to be exceeded at any time.
    (e) Adjusted Tier I feed rate screening limits. The owner or 
operator may adjust the feed rate screening limit provided by appendix 
II of this part to account for site-specific dispersion modeling. Under 
this approach, the adjusted feed rate screening limit is determined by 
back-calculating from the acceptable ambient level for Cl2 
provided by appendix IV of this part using dispersion modeling to 
determine the maximum allowable emission rate. This emission rate 
becomes the adjusted Tier I feed rate screening limit.
    (f) Emissions testing. Emissions testing for HCl and Cl2 
shall be conducted using the procedures described in Methods 0050 or 
0051, EPA Publication

[[Page 43]]

SW-846, as incorporated by reference in Sec. 260.11 of this chapter.
    (g) Dispersion modeling. Dispersion modeling shall be conducted 
according to the provisions of Sec. 266.106(h).
    (h) Enforcement. For the purposes of permit enforcement, compliance 
with the operating requirements specified in the permit (under Sec. 
266.102) will be regarded as compliance with this section. However, 
evidence that compliance with those permit conditions is insufficient to 
ensure compliance with the requirements of this section may be 
``information'' justifying modification or revocation and re-issuance of 
a permit under Sec. 270.41 of this chapter.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991; 57 FR 38566, 
Aug. 25, 1992; 62 FR 32463, June 13, 1997]



Sec. 266.108  Small quantity on-site burner exemption.

    (a) Exempt quantities. Owners and operators of facilities that burn 
hazardous waste in an on-site boiler or industrial furnace are exempt 
from the requirements of this subpart provided that:
    (1) The quantity of hazardous waste burned in a device for a 
calendar month does not exceed the limits provided in the following 
table based on the terrain-adjusted effective stack height as defined in 
Sec. 266.106(b)(3):

          Exempt Quantities for Small Quantity Burner Exemption
------------------------------------------------------------------------
                                 Allowable                     Allowable
                                 hazardous                     hazardous
                                   waste     Terrain-adjusted    waste
   Terrain-adjusted effective     burning    effective stack    burning
stack height of device (meters)     rate     height of device     rate
                                 (gallons/       (meters)      (gallons/
                                   month)                        month)
------------------------------------------------------------------------
0 to 3.9.......................         0   40.0 to 44.9.....       210
4.0 to 5.9.....................        13   45.0 to 49.9.....       260
6.0 to 7.9.....................        18   50.0 to 54.9.....       330
8.0 to 9.9.....................        27   55.0 to 59.9.....       400
10.0 to 11.9...................        40   60.0 to 64.9.....       490
12.0 to 13.9...................        48   65.0 to 69.9.....       610
14.0 to 15.9...................        59   70.0 to 74.9.....       680
16.0 to 17.9...................        69   75.0 to 79.9.....       760
18.0 to 19.9...................        76   80.0 to 84.9.....       850
20.0 to 21.9...................        84   85.0 to 89.9.....       960
22.0 to 23.9...................        93   90.0 to 94.9.....     1,100
24.0 to 25.9...................       100   95.0 to 99.9.....     1,200
26.0 to 27.9...................       110   100.0 to 104.9...     1,300
28.0 to 29.9...................       130   105.0 to 109.9...     1,500
30.0 to 34.9...................       140   110.0 to 114.9...     1,700
35.0 to 39.9...................       170   115.0 or greater.     1,900
------------------------------------------------------------------------

    (2) The maximum hazardous waste firing rate does not exceed at any 
time 1 percent of the total fuel requirements for the device (hazardous 
waste plus other fuel) on a total heat input or mass input basis, 
whichever results in the lower mass feed rate of hazardous waste.
    (3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, 
as generated; and
    (4) The hazardous waste fuel does not contain (and is not derived 
from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
    (b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed 
with a nonhazardous fuel, the quantity of hazardous waste before such 
mixing is used to comply with paragraph (a).
    (c) Multiple stacks. If an owner or operator burns hazardous waste 
in more than one on-site boiler or industrial furnace exempt under this 
section, the quantity limits provided by paragraph (a)(1) of this 
section are implemented according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.004

where:

n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in 
          device ``i'';
Allowable Quantity Burned means the maximum allowable exempt quantity 
          for stack ``i'' from the table in (a)(1) above.

    Note: Hazardous wastes that are subject to the special requirements 
for small quantity generators under Sec. 261.5 of this chapter may be 
burned in an off-site device under the exemption provided by Sec. 
266.108, but must be included in the quantity determination for the 
exemption.

    (d) Notification requirements. The owner or operator of facilities 
qualifying for the small quantity burner exemption under this section 
must provide a one-time signed, written notice to EPA indicating the 
following:
    (1) The combustion unit is operating as a small quantity burner of 
hazardous waste;
    (2) The owner and operator are in compliance with the requirements 
of this section; and
    (3) The maximum quantity of hazardous waste that the facility may

[[Page 44]]

burn per month as provided by Sec. 266.108(a)(1).
    (e) Recordkeeping requirements. The owner or operator must maintain 
at the facility for at least three years sufficient records documenting 
compliance with the hazardous waste quantity, firing rate, and heating 
value limits of this section. At a minimum, these records must indicate 
the quantity of hazardous waste and other fuel burned in each unit per 
calendar month, and the heating value of the hazardous waste.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991; 57 FR 38566, Aug. 25, 1992]



Sec. 266.109  Low risk waste exemption.

    (a) Waiver of DRE standard. The DRE standard of Sec. 266.104(a) 
does not apply if the boiler or industrial furnace is operated in 
conformance with (a)(1) of this section and the owner or operator 
demonstrates by procedures prescribed in (a)(2) of this section that the 
burning will not result in unacceptable adverse health effects.
    (1) The device shall be operated as follows:
    (i) A minimum of 50 percent of fuel fired to the device shall be 
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved 
by the Director on a case-by-case basis, other nonhazardous fuel with 
combustion characteristics comparable to fossil fuel. Such fuels are 
termed ``primary fuel'' for purposes of this section. (Tall oil is a 
fuel derived from vegetable and rosin fatty acids.) The 50 percent 
primary fuel firing rate shall be determined on a total heat or mass 
input basis, whichever results in the greater mass feed rate of primary 
fuel fired;
    (ii) Primary fuels and hazardous waste fuels shall have a minimum 
as-fired heating value of 8,000 Btu/lb;
    (iii) The hazardous waste is fired directly into the primary fuel 
flame zone of the combustion chamber; and
    (iv) The device operates in conformance with the carbon monoxide 
controls provided by Sec. 266.104(b)(1). Devices subject to the 
exemption provided by this section are not eligible for the alternative 
carbon monoxide controls provided by Sec. 266.104(c).
    (2) Procedures to demonstrate that the hazardous waste burning will 
not pose unacceptable adverse public health effects are as follows:
    (i) Identify and quantify those nonmetal compounds listed in 
appendix VIII, part 261 of this chapter that could reasonably be 
expected to be present in the hazardous waste. The constituents excluded 
from analysis must be identified and the basis for their exclusion 
explained;
    (ii) Calculate reasonable, worst case emission rates for each 
constituent identified in paragraph (a)(2)(i) of this section by 
assuming the device achieves 99.9 percent destruction and removal 
efficiency. That is, assume that 0.1 percent of the mass weight of each 
constituent fed to the device is emitted.
    (iii) For each constituent identified in paragraph (a)(2)(i) of this 
section, use emissions dispersion modeling to predict the maximum annual 
average ground level concentration of the constituent.
    (A) Dispersion modeling shall be conducted using methods specified 
in Sec. 266.106(h).
    (B) Owners and operators of facilities with more than one on-site 
stack from a boiler or industrial furnace that is exempt under this 
section must conduct dispersion modeling of emissions from all stacks 
exempt under this section to predict ambient levels prescribed by this 
paragraph.
    (iv) Ground level concentrations of constituents predicted under 
paragraph (a)(2)(iii) of this section must not exceed the following 
levels:
    (A) For the noncarcinogenic compounds listed in appendix IV of this 
part, the levels established in appendix IV;
    (B) For the carcinogenic compounds listed in appendix V of this 
part, the sum for all constituents of the ratios of the actual ground 
level concentration to the level established in appendix V cannot exceed 
1.0; and
    (C) For constituents not listed in appendix IV or V, 0.1 micrograms 
per cubic meter.
    (b) Waiver of particulate matter standard. The particulate matter 
standard of Sec. 266.105 does not apply if:

[[Page 45]]

    (1) The DRE standard is waived under paragraph (a) of this section; 
and
    (2) The owner or operator complies with the Tier I or adjusted Tier 
I metals feed rate screening limits provided by Sec. 266.106 (b) or 
(e).

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991; 71 FR 40277, July 14, 2006]



Sec. 266.110  Waiver of DRE trial burn for boilers.

    Boilers that operate under the special requirements of this section, 
and that do not burn hazardous waste containing (or derived from) EPA 
Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are 
considered to be in conformance with the DRE standard of Sec. 
266.104(a), and a trial burn to demonstrate DRE is waived. When burning 
hazardous waste:
    (a) A minimum of 50 percent of fuel fired to the device shall be 
fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved 
by the Director on a case-by-case basis, other nonhazardous fuel with 
combustion characteristics comparable to fossil fuel. Such fuels are 
termed ``primary fuel'' for purposes of this section. (Tall oil is a 
fuel derived from vegetable and rosin fatty acids.) The 50 percent 
primary fuel firing rate shall be determined on a total heat or mass 
input basis, whichever results in the greater mass feed rate of primary 
fuel fired;
    (b) Boiler load shall not be less than 40 percent. Boiler load is 
the ratio at any time of the total heat input to the maximum design heat 
input;
    (c) Primary fuels and hazardous waste fuels shall have a minimum as-
fired heating value of 8,000 Btu/lb, and each material fired in a burner 
where hazardous waste is fired must have a heating value of at least 
8,000 Btu/lb, as-fired;
    (d) The device shall operate in conformance with the carbon monoxide 
standard provided by Sec. 266.104(b)(1). Boilers subject to the waiver 
of the DRE trial burn provided by this section are not eligible for the 
alternative carbon monoxide standard provided by Sec. 266.104(c);
    (e) The boiler must be a watertube type boiler that does not feed 
fuel using a stoker or stoker type mechanism; and
    (f) The hazardous waste shall be fired directly into the primary 
fuel flame zone of the combustion chamber with an air or steam 
atomization firing system, mechanical atomization system, or a rotary 
cup atomization system under the following conditions:
    (1) Viscosity. The viscosity of the hazardous waste fuel as-fired 
shall not exceed 300 SSU;
    (2) Particle size. When a high pressure air or steam atomizer, low 
pressure atomizer, or mechanical atomizer is used, 70% of the hazardous 
waste fuel must pass through a 200 mesh (74 micron) screen, and when a 
rotary cup atomizer is used, 70% of the hazardous waste must pass 
through a 100 mesh (150 micron) screen;
    (3) Mechanical atomization systems. Fuel pressure within a 
mechanical atomization system and fuel flow rate shall be maintained 
within the design range taking into account the viscosity and volatility 
of the fuel;
    (4) Rotary cup atomization systems. Fuel flow rate through a rotary 
cup atomization system must be maintained within the design range taking 
into account the viscosity and volatility of the fuel.

[56 FR 7208, Feb. 21, 1991; 56 FR 32690, July 17, 1991, as amended at 56 
FR 42515, Aug. 27, 1991]



Sec. 266.111  Standards for direct transfer.

    (a) Applicability. The regulations in this section apply to owners 
and operators of boilers and industrial furnaces subject to Sec. Sec. 
266.102 or 266.103 if hazardous waste is directly transferred from a 
transport vehicle to a boiler or industrial furnace without the use of a 
storage unit.
    (b) Definitions. (1) When used in this section, the following terms 
have the meanings given below:
    Direct transfer equipment means any device (including but not 
limited to, such devices as piping, fittings, flanges, valves, and 
pumps) that is used to distribute, meter, or control the flow of 
hazardous waste between a container (i.e., transport vehicle) and a 
boiler or industrial furnace.
    Container means any portable device in which hazardous waste is 
transported, stored, treated, or otherwise

[[Page 46]]

handled, and includes transport vehicles that are containers themselves 
(e.g., tank trucks, tanker-trailers, and rail tank cars), and containers 
placed on or in a transport vehicle.
    (2) This section references several requirements provided in 
subparts I and J of parts 264 and 265. For purposes of this section, the 
term ``tank systems'' in those referenced requirements means direct 
transfer equipment as defined in paragraph (b)(1) of this section.
    (c) General operating requirements. (1) No direct transfer of a 
pumpable hazardous waste shall be conducted from an open-top container 
to a boiler or industrial furnace.
    (2) Direct transfer equipment used for pumpable hazardous waste 
shall always be closed, except when necessary to add or remove the 
waste, and shall not be opened, handled, or stored in a manner that may 
cause any rupture or leak.
    (3) The direct transfer of hazardous waste to a boiler or industrial 
furnace shall be conducted so that it does not:
    (i) Generate extreme heat or pressure, fire, explosion, or violent 
reaction;
    (ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health;
    (iii) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;
    (iv) Damage the structural integrity of the container or direct 
transfer equipment containing the waste;
    (v) Adversely affect the capability of the boiler or industrial 
furnace to meet the standards provided by Sec. Sec. 266.104 through 
266.107; or
    (vi) Threaten human health or the environment.
    (4) Hazardous waste shall not be placed in direct transfer 
equipment, if it could cause the equipment or its secondary containment 
system to rupture, leak, corrode, or otherwise fail.
    (5) The owner or operator of the facility shall use appropriate 
controls and practices to prevent spills and overflows from the direct 
transfer equipment or its secondary containment systems. These include 
at a minimum:
    (i) Spill prevention controls (e.g., check valves, dry discount 
couplings); and
    (ii) Automatic waste feed cutoff to use if a leak or spill occurs 
from the direct transfer equipment.
    (d) Areas where direct transfer vehicles (containers) are located. 
Applying the definition of container under this section, owners and 
operators must comply with the following requirements:
    (1) The containment requirements of Sec. 264.175 of this chapter;
    (2) The use and management requirements of subpart I, part 265 of 
this chapter, except for Sec. Sec. 265.170 and 265.174, and except that 
in lieu of the special requirements of Sec. 265.176 for ignitable or 
reactive waste, the owner or operator may comply with the requirements 
for the maintenance of protective distances between the waste management 
area and any public ways, streets, alleys, or an adjacent property line 
that can be built upon as required in Tables 2-1 through 2-6 of the 
National Fire Protection Association's (NFPA) ``Flammable and 
Combustible Liquids Code,'' (1977 or 1981), (incorporated by reference, 
see Sec. 260.11). The owner or operator must obtain and keep on file at 
the facility a written certification by the local Fire Marshall that the 
installation meets the subject NFPA codes; and
    (3) The closure requirements of Sec. 264.178 of this chapter.
    (e) Direct transfer equipment. Direct transfer equipment must meet 
the following requirements:
    (1) Secondary containment. Owners and operators shall comply with 
the secondary containment requirements of Sec. 265.193 of this chapter, 
except for paragraphs 265.193 (a), (d), (e), and (i) as follows:
    (i) For all new direct transfer equipment, prior to their being put 
into service; and
    (ii) For existing direct transfer equipment within 2 years after 
August 21, 1991.
    (2) Requirements prior to meeting secondary containment 
requirements. (i) For existing direct transfer equipment that does not 
have secondary containment, the owner or operator shall determine 
whether the equipment is leaking or is unfit for use. The owner or 
operator shall obtain and keep on file at the facility a written 
assessment reviewed and certified by a qualified, registered

[[Page 47]]

professional engineer in accordance with Sec. 270.11(d) of this chapter 
that attests to the equipment's integrity by August 21, 1992.
    (ii) This assessment shall determine whether the direct transfer 
equipment is adequately designed and has sufficient structural strength 
and compatibility with the waste(s) to be transferred to ensure that it 
will not collapse, rupture, or fail. At a minimum, this assessment shall 
consider the following:
    (A) Design standard(s), if available, according to which the direct 
transfer equipment was constructed;
    (B) Hazardous characteristics of the waste(s) that have been or will 
be handled;
    (C) Existing corrosion protection measures;
    (D) Documented age of the equipment, if available, (otherwise, an 
estimate of the age); and
    (E) Results of a leak test or other integrity examination such that 
the effects of temperature variations, vapor pockets, cracks, leaks, 
corrosion, and erosion are accounted for.
    (iii) If, as a result of the assessment specified above, the direct 
transfer equipment is found to be leaking or unfit for use, the owner or 
operator shall comply with the requirements of Sec. Sec. 265.196 (a) 
and (b) of this chapter.
    (3) Inspections and recordkeeping. (i) The owner or operator must 
inspect at least once each operating hour when hazardous waste is being 
transferred from the transport vehicle (container) to the boiler or 
industrial furnace:
    (A) Overfill/spill control equipment (e.g., waste-feed cutoff 
systems, bypass systems, and drainage systems) to ensure that it is in 
good working order;
    (B) The above ground portions of the direct transfer equipment to 
detect corrosion, erosion, or releases of waste (e.g., wet spots, dead 
vegetation); and
    (C) Data gathered from monitoring equipment and leak-detection 
equipment, (e.g., pressure and temperature gauges) to ensure that the 
direct transfer equipment is being operated according to its design.
    (ii) The owner or operator must inspect cathodic protection systems, 
if used, to ensure that they are functioning properly according to the 
schedule provided by Sec. 265.195(b) of this chapter:
    (iii) Records of inspections made under this paragraph shall be 
maintained in the operating record at the facility, and available for 
inspection for at least 3 years from the date of the inspection.
    (4) Design and installation of new ancillary equipment. Owners and 
operators must comply with the requirements of Sec. 265.192 of this 
chapter.
    (5) Response to leaks or spills. Owners and operators must comply 
with the requirements of Sec. 265.196 of this chapter.
    (6) Closure. Owners and operators must comply with the requirements 
of Sec. 265.197 of this chapter, except for Sec. 265.197 (c)(2) 
through (c)(4).

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42515, Aug. 27, 1991]



Sec. 266.112  Regulation of residues.

    A residue derived from the burning or processing of hazardous waste 
in a boiler or industrial furnace is not excluded from the definition of 
a hazardous waste under Sec. 261.4(b) (4), (7), or (8) unless the 
device and the owner or operator meet the following requirements:
    (a) The device meets the following criteria:
    (1) Boilers. Boilers must burn at least 50% coal on a total heat 
input or mass input basis, whichever results in the greater mass feed 
rate of coal;
    (2) Ore or mineral furnaces. Industrial furnaces subject to Sec. 
261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw 
materials;
    (3) Cement kilns. Cement kilns must process at least 50% by weight 
normal cement-production raw materials;
    (b) The owner or operator demonstrates that the hazardous waste does 
not significantly affect the residue by demonstrating conformance with 
either of the following criteria:
    (1) Comparison of waste-derived residue with normal residue. The 
waste-derived residue must not contain appendix VIII, part 261 
constituents (toxic constituents) that could reasonably be attributable 
to the hazardous waste at concentrations significantly higher than in 
residue generated without burning or processing of hazardous waste, 
using the following procedure.

[[Page 48]]

Toxic compounds that could reasonably be attributable to burning or 
processing the hazardous waste (constituents of concern) include toxic 
constituents in the hazardous waste, and the organic compounds listed in 
appendix VIII of this part that may be generated as products of 
incomplete combustion. For polychlorinated dibenzo-p-dioxins and 
polychlorinated dibenzo-furans, analyses must be performed to determine 
specific congeners and homologues, and the results converted to 2,3,7,8-
TCDD equivalent values using the procedure specified in section 4.0 of 
appendix IX of this part.
    (i) Normal residue. Concentrations of toxic constituents of concern 
in normal residue shall be determined based on analyses of a minimum of 
10 samples representing a minimum of 10 days of operation. Composite 
samples may be used to develop a sample for analysis provided that the 
compositing period does not exceed 24 hours. The upper tolerance limit 
(at 95% confidence with a 95% proportion of the sample distribution) of 
the concentration in the normal residue shall be considered the 
statistically-derived concentration in the normal residue. If changes in 
raw materials or fuels reduce the statistically-derived concentrations 
of the toxic constituents of concern in the normal residue, the 
statistically-derived concentrations must be revised or statistically-
derived concentrations of toxic constituents in normal residue must be 
established for a new mode of operation with the new raw material or 
fuel. To determine the upper tolerance limit in the normal residue, the 
owner or operator shall use statistical procedures prescribed in 
``Statistical Methodology for Bevill Residue Determinations'' in 
appendix IX of this part.
    (ii) Waste-derived residue. Waste-derived residue shall be sampled 
and analyzed as often as necessary to determine whether the residue 
generated during each 24-hour period has concentrations of toxic 
constituents that are higher than the concentrations established for the 
normal residue under paragraph (b)(1)(i) of this section. If so, 
hazardous waste burning has significantly affected the residue and the 
residue shall not be excluded from the definition of a hazardous waste. 
Concentrations of toxic constituents of concern in the waste-derived 
residue shall be determined based on analysis of one or more samples 
obtained over a 24-hour period. Multiple samples may be analyzed, and 
multiple samples may be taken to form a composite sample for analysis 
provided that the sampling period does not exceed 24 hours. If more than 
one sample is analyzed to characterize waste-derived residues generated 
over a 24-hour period, the concentration of each toxic constituent shall 
be the arithmetic mean of the concentrations in the samples. No results 
may be disregarded; or
    (2) Comparison of waste-derived residue concentrations with health-
based limits--(i) Nonmetal constituents: The concentration of each 
nonmetal toxic constituent of concern (specified in paragraph (b)(1) of 
this section) in the waste-derived residue must not exceed the health-
based level specified in appendix VII of this part, or the level of 
detection, whichever is higher. If a health-based limit for a 
constituent of concern is not listed in appendix VII of this part, then 
a limit of 0.002 micrograms per kilogram or the level of detection 
(which must be determined by using appropriate analytical procedures), 
whichever is higher, must be used. The levels specified in appendix VII 
of this part (and the default level of 0.002 micrograms per kilogram or 
the level of detection for constituents as identified in Note 1 of 
appendix VII of this chapter) are administratively stayed under the 
condition, for those constituents specified in paragraph (b)(1) of this 
section, that the owner or operator complies with alternative levels 
defined as the land disposal restriction limits specified in Sec. 
268.43 of this chapter for F039 nonwastewaters. In complying with those 
alternative levels, if an owner or operator is unable to detect a 
constituent despite documenting use of best good-faith efforts as 
defined by applicable Agency guidance or standards, the owner or 
operator is deemed to be in compliance for that constituent. Until new 
guidance or standards are developed, the owner or operator may 
demonstrate such good-faith efforts by achieving a detection limit for 
the constituent that does not exceed an order

[[Page 49]]

of magnitude above the level provided by Sec. 268.43 of this chapter 
for F039 nonwastewaters. In complying with the Sec. 268.43 of this 
chapter F039 nonwastewater levels for polychlorinated dibenzo-p-dioxins 
and polychlorinated dibenzo-furans, analyses must be performed for total 
hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total 
pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total 
tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.

    Note to this paragraph (b)(2)(i): The administrative stay, under the 
condition that the owner or operator complies with alternative levels 
defined as the land disposal restriction limits specified in Sec. 
268.43 of this chapter for F039 nonwastewaters, remains in effect until 
further administrative action is taken and notice is published in the 
Federal Register and the Code of Federal Regulations.

    (ii) Metal constituents. The concentration of metals in an extract 
obtained using the Toxicity Characteristic Leaching Procedure of Sec. 
261.24 of this chapter must not exceed the levels specified in appendix 
VII of this part; and
    (iii) Sampling and analysis. Waste-derived residue shall be sampled 
and analyzed as often as necessary to determine whether the residue 
generated during each 24-hour period has concentrations of toxic 
constituents that are higher than the health-based levels. 
Concentrations of toxic constituents of concern in the waste-derived 
residue shall be determined based on analysis of one or more samples 
obtained over a 24-hour period. Multiple samples may be analyzed, and 
multiple samples may be taken to form a composite sample for analysis 
provided that the sampling period does not exceed 24 hours. If more than 
one sample is analyzed to characterize waste-derived residues generated 
over a 24-hour period, the concentration of each toxic constituent shall 
be the arithmetic mean of the concentrations in the samples. No results 
may be disregarded; and
    (c) Records sufficient to document compliance with the provisions of 
this section shall be retained until closure of the boiler or industrial 
furnace unit. At a minimum, the following shall be recorded.
    (1) Levels of constituents in appendix VIII, part 261, that are 
present in waste-derived residues;
    (2) If the waste-derived residue is compared with normal residue 
under paragraph (b)(1) of this section:
    (i) The levels of constituents in appendix VIII, part 261, that are 
present in normal residues; and
    (ii) Data and information, including analyses of samples as 
necessary, obtained to determine if changes in raw materials or fuels 
would reduce the concentration of toxic constituents of concern in the 
normal residue.

[50 FR 666, Jan. 4, 1985, as amended at 56 FR 42516, Aug. 27, 1991; 57 
FR 38566, Aug. 25, 1992; 58 FR 59602, Nov. 9, 1993; 64 FR 53076, Sept. 
30, 1999; 70 FR 34588, June 14, 2005]

Subparts I-L [Reserved]



                      Subpart M_Military Munitions

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



Sec. 266.200  Applicability.

    (a) The regulations in this subpart identify when military munitions 
become a solid waste, and, if these wastes are also hazardous under this 
subpart or 40 CFR part 261, the management standards that apply to these 
wastes.
    (b) Unless otherwise specified in this subpart, all applicable 
requirements in 40 CFR parts 260 through 270 apply to waste military 
munitions.



Sec. 266.201  Definitions.

    In addition to the definitions in 40 CFR 260.10, the following 
definitions apply to this subpart:
    Active range means a military range that is currently in service and 
is being regularly used for range activities.
    Chemical agents and munitions are defined as in 50 U.S.C. section 
1521(j)(1).
    Director is as defined in 40 CFR 270.2.
    Explosives or munitions emergency response specialist is as defined 
in 40 CFR 260.10.
    Explosives or munitions emergency is as defined in 40 CFR 260.10.
    Explosives or munitions emergency response is as defined in 40 CFR 
260.10.
    Inactive range means a military range that is not currently being 
used, but

[[Page 50]]

that is still under military control and considered by the military to 
be a potential range area, and that has not been put to a new use that 
is incompatible with range activities.
    Military means the Department of Defense (DOD), the Armed Services, 
Coast Guard, National Guard, Department of Energy (DOE), or other 
parties under contract or acting as an agent for the foregoing, who 
handle military munitions.
    Military munitions is as defined in 40 CFR 260.10.
    Military range means designated land and water areas set aside, 
managed, and used to conduct research on, develop, test, and evaluate 
military munitions and explosives, other ordnance, or weapon systems, or 
to train military personnel in their use and handling. Ranges include 
firing lines and positions, maneuver areas, firing lanes, test pads, 
detonation pads, impact areas, and buffer zones with restricted access 
and exclusionary areas.
    Unexploded ordnance (UXO) means military munitions that have been 
primed, fused, armed, or otherwise prepared for action, and have been 
fired, dropped, launched, projected, or placed in such a manner as to 
constitute a hazard to operations, installation, personnel, or material 
and remain unexploded either by malfunction, design, or any other cause.



Sec. 266.202  Definition of solid waste.

    (a) A military munition is not a solid waste when:
    (1) Used for its intended purpose, including:
    (i) Use in training military personnel or explosives and munitions 
emergency response specialists (including training in proper destruction 
of unused propellant or other munitions); or
    (ii) Use in research, development, testing, and evaluation of 
military munitions, weapons, or weapon systems; or
    (iii) Recovery, collection, and on-range destruction of unexploded 
ordnance and munitions fragments during range clearance activities at 
active or inactive ranges. However, ``use for intended purpose'' does 
not include the on-range disposal or burial of unexploded ordnance and 
contaminants when the burial is not a result of product use.
    (2) An unused munition, or component thereof, is being repaired, 
reused, recycled, reclaimed, disassembled, reconfigured, or otherwise 
subjected to materials recovery activities, unless such activities 
involve use constituting disposal as defined in 40 CFR 261.2(c)(1), or 
burning for energy recovery as defined in 40 CFR 261.2(c)(2).
    (b) An unused military munition is a solid waste when any of the 
following occurs:
    (1) The munition is abandoned by being disposed of, burned, 
detonated (except during intended use as specified in paragraph (a) of 
this section), incinerated, or treated prior to disposal; or
    (2) The munition is removed from storage in a military magazine or 
other storage area for the purpose of being disposed of, burned, or 
incinerated, or treated prior to disposal, or
    (3) The munition is deteriorated or damaged (e.g., the integrity of 
the munition is compromised by cracks, leaks, or other damage) to the 
point that it cannot be put into serviceable condition, and cannot 
reasonably be recycled or used for other purposes; or
    (4) The munition has been declared a solid waste by an authorized 
military official.
    (c) A used or fired military munition is a solid waste:
    (1) When transported off range or from the site of use, where the 
site of use is not a range, for the purposes of storage, reclamation, 
treatment, disposal, or treatment prior to disposal; or
    (2) If recovered, collected, and then disposed of by burial, or 
landfilling either on or off a range.
    (d) For purposes of RCRA section 1004(27), a used or fired military 
munition is a solid waste, and, therefore, is potentially subject to 
RCRA corrective action authorities under sections 3004(u) and (v), and 
3008(h), or imminent and substantial endangerment authorities under 
section 7003, if the munition lands off-range and is not promptly 
rendered safe and/or retrieved. Any imminent and substantial threats 
associated with any remaining material must be addressed. If remedial 
action is infeasible, the operator of

[[Page 51]]

the range must maintain a record of the event for as long as any threat 
remains. The record must include the type of munition and its location 
(to the extent the location is known).



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

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

[[Page 52]]

(GSA Standard Form 1109), requisition tracking form DD Form 1348, the 
Signature and Talley Record (DD Form 1907), Special Instructions for 
Motor Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection 
Report (DD Form 626) in effect on November 8, 1995, except as provided 
in the following sentence. Any amendments to the Department of Defense 
shipping controls shall become effective for purposes of paragraph 
(a)(1) of this section on the date the Department of Defense publishes 
notice in the Federal Register that the shipping controls referenced in 
paragraph (a)(1)(ii) of this section have been amended.



Sec. 266.204  Standards applicable to emergency responses.

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



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

    (a) Criteria for hazardous waste regulation of waste non-chemical 
military munitions in storage. (1) Waste military munitions in storage 
that exhibit a hazardous waste characteristic or are listed as hazardous 
waste under 40 CFR Part 261, are listed or identified as a hazardous 
waste (and thus are subject to regulation under 40 CFR Parts 260 through 
279), unless all the following conditions are met:
    (i) The waste military munitions are not chemical agents or chemical 
munitions.
    (ii) The waste military munitions must be subject to the 
jurisdiction of the Department of Defense Explosives Safety Board 
(DDESB).
    (iii) The waste military munitions must be stored in accordance with 
the DDESB storage standards applicable to waste military munitions.
    (iv) Within 90 days of August 12, 1997 or within 90 days of when a 
storage unit is first used to store waste military munitions, whichever 
is later, the owner or operator must notify the Director of the location 
of any waste storage unit used to store waste military munitions for 
which the conditional exemption in paragraph (a)(1) is claimed.
    (v) The owner or operator must provide oral notice to the Director 
within 24 hours from the time the owner or operator becomes aware of any 
loss or theft of the waste military munitions, or any failure to meet a 
condition of paragraph (a)(1) that may endanger health or the 
environment. In addition, a written submission describing the 
circumstances shall be provided within 5 days from the time the owner or 
operator becomes aware of any loss or theft of the waste military 
munitions or any failure to meet a condition of paragraph (a)(1) of this 
section.
    (vi) The owner or operator must inventory the waste military 
munitions at least annually, must inspect the waste military munitions 
at least quarterly for compliance with the conditions of paragraph 
(a)(1) of this section, and must maintain records of the findings of 
these inventories and inspections for at least three years.
    (vii) Access to the stored waste military munitions must be limited 
to appropriately trained and authorized personnel.
    (2) The conditional exemption in paragraph (a)(1) of this section 
from regulation as hazardous waste shall apply only to the storage of 
non-chemical waste military munitions. It does not affect the regulatory 
status of waste military munitions as hazardous wastes with regard to 
transportation, treatment or disposal.
    (3) The conditional exemption in paragraph (a)(1) of this section 
applies only so long as all of the conditions in paragraph (a)(1) of 
this section are met.
    (b) Notice of termination of waste storage. The owner or operator 
must notify the Director when a storage unit identified in paragraph 
(a)(1)(iv) of this section will no longer be used to store waste 
military munitions.
    (c) Reinstatement of conditional exemption. If any waste military 
munition loses its conditional exemption under paragraph (a)(1) of this 
section, an application may be filed with the Director for reinstatement 
of the conditional exemption from hazardous waste storage regulation 
with respect

[[Page 53]]

to such munition as soon as the munition is returned to compliance with 
the conditions of paragraph (a)(1) of this section. If the Director 
finds that reinstatement of the conditional exemption is appropriate 
based on factors such as the owner's or operator's provision of a 
satisfactory explanation of the circumstances of the violation, or a 
demonstration that the violations are not likely to recur, the Director 
may reinstate the conditional exemption under paragraph (a)(1) of this 
section. If the Director does not take action on the reinstatement 
application within 60 days after receipt of the application, then 
reinstatement shall be deemed granted, retroactive to the date of the 
application. However, the Director may terminate a conditional exemption 
reinstated by default in the preceding sentence if he/she finds that 
reinstatement is inappropriate based on factors such as the owner's or 
operator's failure to provide a satisfactory explanation of the 
circumstances of the violation, or failure to demonstrate that the 
violations are not likely to recur. In reinstating the conditional 
exemption under paragraph (a)(1) of this section, the Director may 
specify additional conditions as are necessary to ensure and document 
proper storage to protect human health and the environment.
    (d) Waste chemical munitions. (1) Waste military munitions that are 
chemical agents or chemical munitions and that exhibit a hazardous waste 
characteristic or are listed as hazardous waste under 40 CFR Part 261, 
are listed or identified as a hazardous waste and shall be subject to 
the applicable regulatory requirements of RCRA subtitle C.
    (2) Waste military munitions that are chemical agents or chemical 
munitions and that exhibit a hazardous waste characteristic or are 
listed as hazardous waste under 40 CFR Part 261, are not subject to the 
storage prohibition in RCRA section 3004(j), codified at 40 CFR 268.50.
    (e) Amendments to DDESB storage standards. The DDESB storage 
standards applicable to waste military munitions, referenced in 
paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD (``DOD 
Ammunition and Explosive Safety Standards''), in effect on November 8, 
1995, except as provided in the following sentence. Any amendments to 
the DDESB storage standards shall become effective for purposes of 
paragraph (a)(1) of this section on the date the Department of Defense 
publishes notice in the Federal Register that the DDESB standards 
referenced in paragraph (a)(1) of this section have been amended.



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

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



   Subpart N_Conditional Exemption for Low-Level Mixed Waste Storage, 
                 Treatment, Transportation and Disposal

    Source: 66 FR 27262, May 16, 2001, unless otherwise noted.

                                  Terms



Sec. 266.210  What definitions apply to this subpart?

    This subpart uses the following special definitions:
    Agreement State means a state that has entered into an agreement 
with the NRC under subsection 274b of the Atomic Energy Act of 1954, as 
amended (68 Stat. 919), to assume responsibility for regulating within 
its borders byproduct, source, or special nuclear material in quantities 
not sufficient to form a critical mass.
    Certified delivery means certified mail with return receipt 
requested, or equivalent courier service, or other means, that provides 
the sender with a receipt confirming delivery.
    Director refers to the definition in 40 CFR 270.2.
    Eligible Naturally Occurring and/or Accelerator-produced Radioactive 
Material (NARM) is NARM that is eligible for the Transportation and 
Disposal Conditional Exemption. It is a NARM waste that contains RCRA 
hazardous waste, meets the waste acceptance criteria of,

[[Page 54]]

and is allowed by State NARM regulations to be disposed of at a low-
level radioactive waste disposal facility (LLRWDF) licensed in 
accordance with 10 CFR part 61 or NRC Agreement State equivalent 
regulations.
    Exempted waste means a waste that meets the eligibility criteria in 
266.225 and meets all of the conditions in Sec. 266.230, or meets the 
eligibility criteria in 40 CFR 266.310 and complies with all the 
conditions in Sec. 266.315. Such waste is conditionally exempted from 
the regulatory definition of hazardous waste described in 40 CFR 261.3.
    Hazardous Waste means any material which is defined to be hazardous 
waste in accordance with 40 CFR 261.3, ``Definition of Hazardous 
Waste.''
    Land Disposal Restriction (LDR) Treatment Standards means treatment 
standards, under 40 CFR part 268, that a RCRA hazardous waste must meet 
before it can be disposed of in a RCRA hazardous waste land disposal 
unit.
    License means a license issued by the Nuclear Regulatory Commission, 
or NRC Agreement State, to users that manage radionuclides regulated by 
NRC, or NRC Agreement States, under authority of the Atomic Energy Act 
of 1954, as amended.
    Low-Level Mixed Waste (LLMW) is a waste that contains both low-level 
radioactive waste and RCRA hazardous waste.
    Low-Level Radioactive Waste (LLW) is a radioactive waste which 
contains source, special nuclear, or byproduct material, and which is 
not classified as high-level radioactive waste, transuranic waste, spent 
nuclear fuel, or byproduct material as defined in section 11e.(2) of the 
Atomic Energy Act. (See also NRC definition of ``waste'' at 10 CFR 61.2)
    Mixed Waste means a waste that contains both RCRA hazardous waste 
and source, special nuclear, or byproduct material subject to the Atomic 
Energy Act of 1954, as amended.
    Naturally Occurring and/or Accelerator-produced Radioactive Material 
(NARM) means radioactive materials that:
    (1) Are naturally occurring and are not source, special nuclear, or 
byproduct materials (as defined by the AEA) or
    (2) Are produced by an accelerator. NARM is regulated by the States 
under State law, or by DOE (as authorized by the AEA) under DOE orders.
    NRC means the U. S. Nuclear Regulatory Commission.
    We or us within this subpart, means the Director as defined in 40 
CFR 270.2.
    You means a generator, treater, or other handler of low-level mixed 
waste or eligible NARM.

       Storage and Treatment Conditional Exemption and Eligibility



Sec. 266.220  What does a storage and treatment
conditional exemption do?

    The storage and treatment conditional exemption exempts your low-
level mixed waste from the regulatory definition of hazardous waste in 
40 CFR 261.3 if your waste meets the eligibility criteria in Sec. 
266.225 and you meet the conditions in Sec. 266.230.



Sec. 266.225  What wastes are eligible for the storage and
treatment conditional exemption?

    Low-level mixed waste (LLMW), defined in Sec. 266.210, is eligible 
for this conditional exemption if it is generated and managed by you 
under a single NRC or NRC Agreement State license. (Mixed waste 
generated at a facility with a different license number and shipped to 
your facility for storage or treatment requires a permit and is 
ineligible for this exemption. In addition, NARM waste is ineligible 
this exemption.)



Sec. 266.230  What conditions must you meet for your LLMW to 
qualify for and maintain a storage and treatment exemption?

    (a) For your LLMW to qualify for the exemption you must notify us in 
writing by certified delivery that you are claiming a conditional 
exemption for the LLMW stored on your facility. The dated notification 
must include your name, address, RCRA identification number, NRC or NRC 
Agreement State license number, the waste code(s) and storage unit(s) 
for which you are seeking an exemption, and a statement that you meet 
the conditions of this subpart. Your notification must be

[[Page 55]]

signed by your authorized representative who certifies that the 
information in the notification is true, accurate, and complete. You 
must notify us of your claim either within 90 days of the effective date 
of this rule in your State, or within 90 days of when a storage unit is 
first used to store conditionally exempt LLMW.
    (b) To qualify for and maintain an exemption for your LLMW you must:
    (1) Store your LLMW waste in tanks or containers in compliance with 
the requirements of your license that apply to the proper storage of 
low-level radioactive waste (not including those license requirements 
that relate solely to recordkeeping);
    (2) Store your LLMW in tanks or containers in compliance with 
chemical compatibility requirements of a tank or container in 40 CFR 
264.177, or 264.199 or 40 CFR 265.177, or 265.199;
    (3) Certify that facility personnel who manage stored conditionally 
exempt LLMW are trained in a manner that ensures that the conditionally 
exempt waste is safely managed and includes training in chemical waste 
management and hazardous materials incidents response that meets the 
personnel training standards found in 40 CFR 265.16(a)(3);
    (4) Conduct an inventory of your stored conditionally exempt LLMW at 
least annually and inspect it at least quarterly for compliance with 
subpart N of this part; and
    (5) Maintain an accurate emergency plan and provide it to all local 
authorities who may have to respond to a fire, explosion, or release of 
hazardous waste or hazardous constituents. Your plan must describe 
emergency response arrangements with local authorities; describe 
evacuation plans; list the names, addresses, and telephone numbers of 
all facility personnel qualified to work with local authorities as 
emergency coordinators; and list emergency equipment.

                                Treatment



Sec. 266.235  What waste treatment does the storage and 
treatment conditional exemption allow?

    You may treat your low-level mixed waste at your facility within a 
tank or container in accordance with the terms of your NRC or NRC 
Agreement State license. Treatment that cannot be done in a tank or 
container without a RCRA permit (such as incineration) is not allowed 
under this exemption.

                      Loss of Conditional Exemption



Sec. 266.240  How could you lose the conditional exemption
for your LLMW and what action must you take?

    (a) Your LLMW will automatically lose the storage and treatment 
conditional exemption if you fail to meet any of the conditions 
specified in Sec. 266.230. When your LLMW loses the exemption, you must 
immediately manage that waste which failed the condition as RCRA 
hazardous waste, and the storage unit storing the LLMW immediately 
becomes subject to RCRA hazardous waste container and/or tank storage 
requirements.
    (1) If you fail to meet any of the conditions specified in Sec. 
266.230 you must report to us and the NRC, or the oversight agency in 
the NRC Agreement State, in writing by certified delivery within 30 days 
of learning of the failure. Your report must be signed by your 
authorized representative certifying that the information provided is 
true, accurate, and complete. This report must include:
    (i) The specific condition(s) you failed to meet;
    (ii) A description of the LLMW (including the waste name, hazardous 
waste codes and quantity) and storage location at the facility; and
    (iii) The date(s) on which you failed to meet the condition(s).
    (2) If the failure to meet any of the conditions may endanger human 
health or the environment, you must also immediately notify us orally 
within 24 hours and follow up with a written notification within five 
days. Failures that may endanger human health or the environment 
include, but are not limited to, discharge of a CERCLA reportable 
quantity or other leaking or exploding tanks or containers, or detection 
of radionuclides above background or hazardous constituents in the 
leachate collection system of a storage area. If the failure may 
endanger human health or the environment, you must follow the provisions 
of your emergency plan.

[[Page 56]]

    (b) We may terminate your conditional exemption for your LLMW, or 
require you to meet additional conditions to claim a conditional 
exemption, for serious or repeated noncompliance with any requirement(s) 
of subpart N of this part.



Sec. 266.245  If you lose the storage and treatment conditional 
exemption for your LLMW, can the exemption be reclaimed?

    (a) You may reclaim the storage and treatment exemption for your 
LLMW if:
    (1) You again meet the conditions specified in Sec. 266.230; and
    (2) You send us a notice by certified delivery that you are 
reclaiming the exemption for your LLMW. Your notice must be signed by 
your authorized representative certifying that the information contained 
in your notice is true, complete, and accurate. In your notice you must 
do the following:
    (i) Explain the circumstances of each failure.
    (ii) Certify that you have corrected each failure that caused you to 
lose the exemption for your LLMW and that you again meet all the 
conditions as of the date you specify.
    (iii) Describe plans that you have implemented, listing specific 
steps you have taken, to ensure the conditions will be met in the 
future.
    (iv) Include any other information you want us to consider when we 
review your notice reclaiming the exemption.
    (b) We may terminate a reclaimed conditional exemption if we find 
that your claim is inappropriate based on factors including, but not 
limited to, the following: you have failed to correct the problem; you 
explained the circumstances of the failure unsatisfactorily; or you 
failed to implement a plan with steps to prevent another failure to meet 
the conditions of Sec. 266.230. In reviewing a reclaimed conditional 
exemption under this section, we may add conditions to the exemption to 
ensure that waste management during storage and treatment of the LLMW 
will protect human health and the environment.

                              Recordkeeping



Sec. 266.250  What records must you keep at your facility and for how long?

    (a) In addition to those records required by your NRC or NRC 
Agreement State license, you must keep records as follows:
    (1) Your initial notification records, return receipts, reports to 
us of failure(s) to meet the exemption conditions, and all records 
supporting any reclaim of an exemption;
    (2) Records of your LLMW annual inventories, and quarterly 
inspections;
    (3) Your certification that facility personnel who manage stored 
mixed waste are trained in safe management of LLMW including training in 
chemical waste management and hazardous materials incidents response; 
and
    (4) Your emergency plan as specified in Sec. 266.230(b).
    (b) You must maintain records concerning notification, personnel 
trained, and your emergency plan for as long as you claim this exemption 
and for three years thereafter, or in accordance with NRC regulations 
under 10 CFR part 20 (or equivalent NRC Agreement State regulations), 
whichever is longer. You must maintain records concerning your annual 
inventory and quarterly inspections for three years after the waste is 
sent for disposal, or in accordance with NRC regulations under 10 CFR 
part 20 (or equivalent NRC Agreement State regulations), whichever is 
longer.

                            Reentry Into RCRA



Sec. 266.255  When is your LLMW no longer eligible for the storage
and treatment conditional exemption?

    (a) When your LLMW has met the requirements of your NRC or NRC 
Agreement State license for decay-in-storage and can be disposed of as 
non-radioactive waste, then the conditional exemption for storage no 
longer applies. On that date your waste is subject to hazardous waste 
regulation under the relevant sections of 40 CFR parts 260 through 271, 
and the time period for accumulation of a hazardous waste as specified 
in 40 CFR 262.16 or 262.17 begins.
    (b) When your conditionally exempt LLMW, which has been generated 
and stored under a single NRC or NRC

[[Page 57]]

Agreement State license number, is removed from storage, it is no longer 
eligible for the storage and treatment exemption. However, your waste 
may be eligible for the transportation and disposal conditional 
exemption at Sec. 266.305.

[66 FR 27262, May 16, 2001, as amended at 81 FR 85827, Nov. 28, 2016]

                          Storage Unit Closure



Sec. 266.260  Do closure requirements apply to units that stored
LLMW prior to the effective date of Subpart N?

    Interim status and permitted storage units that have been used to 
store only LLMW prior to the effective date of subpart N of this part 
and, after that date, store only LLMW which becomes exempt under this 
subpart N, are not subject to the closure requirements of 40 CFR parts 
264 and 265. Storage units (or portions of units) that have been used to 
store both LLMW and non-mixed hazardous waste prior to the effective 
date of subpart N or are used to store both after that date remain 
subject to closure requirements with respect to the non-mixed hazardous 
waste.

            Transportation and Disposal Conditional Exemption



Sec. 266.305  What does the transportation and disposal conditional
exemption do?

    This conditional exemption exempts your waste from the regulatory 
definition of hazardous waste in 40 CFR 261.3 if your waste meets the 
eligibility criteria under Sec. 266.310, and you meet the conditions in 
Sec. 266.315.

                               Eligibility



Sec. 266.310  What wastes are eligible for the transportation
and disposal conditional exemption?

    Eligible waste must be:
    (a) A low-level mixed waste (LLMW), as defined in Sec. 266.210, 
that meets the waste acceptance criteria of a LLRWDF; and/or
    (b) An eligible NARM waste, defined in Sec. 266.210.

                               Conditions



Sec. 266.315  What are the conditions you must meet for your waste
to qualify for and maintain the transportation and disposal
conditional exemption?

    You must meet the following conditions for your eligible waste to 
qualify for and maintain the exemption:
    (a) The eligible waste must meet or be treated to meet LDR treatment 
standards as described in Sec. 266.320.
    (b) If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must manifest and transport your waste according to NRC 
regulations as described in Sec. 266.325.
    (c) The exempted waste must be in containers when it is disposed of 
in the LLRWDF as described in Sec. 266.340.
    (d) The exempted waste must be disposed of at a designated LLRWDF as 
described in Sec. 266.335.



Sec. 266.320  What treatment standards must your eligible waste meet?

    Your LLMW or eligible NARM waste must meet Land Disposal Restriction 
(LDR) treatment standards specified in 40 CFR part 268, subpart D.



Sec. 266.325  Are you subject to the manifest and transportation
condition in Sec. 266.315(b)?

    If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must meet the manifest requirements under 10 CFR 20.2006 
(or NRC Agreement State equivalent regulations), and the transportation 
requirements under 10 CFR 1.5 (or NRC Agreement State equivalent 
regulations) to ship the exempted waste.



Sec. 266.330  When does the transportation and disposal exemption
take effect?

    The exemption becomes effective once all the following have 
occurred:
    (a) Your eligible waste meets the applicable LDR treatment 
standards.
    (b) You have received return receipts that you have notified us and 
the LLRWDF as described in Sec. 266.345.

[[Page 58]]

    (c) You have completed the packaging and preparation for shipment 
requirements for your waste according to NRC Packaging and 
Transportation regulations found under 10 CFR part 71 (or NRC Agreement 
State equivalent regulations); and you have prepared a manifest for your 
waste according to NRC manifest regulations found under 10 CFR part 20 
(or NRC Agreement State equivalent regulations), and
    (d) You have placed your waste on a transportation vehicle destined 
for a LLRWDF licensed by NRC or an NRC Agreement State.



Sec. 266.335  Where must your exempted waste be disposed of?

    Your exempted waste must be disposed of in a LLRWDF that is 
regulated and licensed by NRC under 10 CFR part 61 or by an NRC 
Agreement State under equivalent State regulations, including State NARM 
licensing regulations for eligible NARM.



Sec. 266.340  What type of container must be used for disposal of exempted waste?

    Your exempted waste must be placed in containers before it is 
disposed. The container must be:
    (a) A carbon steel drum; or
    (b) An alternative container with equivalent containment performance 
in the disposal environment as a carbon steel drum; or
    (c) A high integrity container as defined by NRC.

                              Notification



Sec. 266.345  Whom must you notify?

    (a) You must provide a one time notice to us stating that you are 
claiming the transportation and disposal conditional exemption prior to 
the initial shipment of an exempted waste from your facility to a 
LLRWDF. Your dated written notice must include your facility name, 
address, phone number, and RCRA ID number, and be sent by certified 
delivery.
    (b) You must notify the LLRWDF receiving your exempted waste by 
certified delivery before shipment of each exempted waste. You can only 
ship the exempted waste after you have received the return receipt of 
your notice to the LLRWDF. This notification must include the following:
    (1) A statement that you have claimed the exemption for the waste.
    (2) A statement that the eligible waste meets applicable LDR 
treatment standards.
    (3) Your facility's name, address, and RCRA ID number.
    (4) The RCRA hazardous waste codes prior to the exemption of the 
waste streams.
    (5) A statement that the exempted waste must be placed in a 
container according to Sec. 266.340 prior to disposal in order for the 
waste to remain exempt under the transportation and disposal conditional 
exemption of subpart N of this part.
    (6) The manifest number of the shipment that will contain the 
exempted waste.
    (7) A certification that all the information provided is true, 
complete, and accurate. The statement must be signed by your authorized 
representative.

                              Recordkeeping



Sec. 266.350  What records must you keep at your facility
and for how long?

    In addition to those records required by your NRC or NRC Agreement 
State license, you must keep records as follows:
    (a) You must follow the applicable existing recordkeeping 
requirements under 40 CFR 264.73, 40 CFR 265.73, and 40 CFR 268.7 of 
this chapter to demonstrate that your waste has met LDR treatment 
standards prior to your claiming the exemption.
    (b) You must keep a copy of all notifications and return receipts 
required under Sec. Sec. 266.355, and 266.360 for three years after the 
exempted waste is sent for disposal.
    (c) You must keep a copy of all notifications and return receipts 
required under Sec. 266.345(a) for three years after the last exempted 
waste is sent for disposal.
    (d) You must keep a copy of the notification and return receipt 
required under Sec. 266.345(b) for three years after the exempted waste 
is sent for disposal.

[[Page 59]]

    (e) If you are not already subject to NRC, or NRC Agreement State 
equivalent manifest and transportation regulations for the shipment of 
your waste, you must also keep all other documents related to tracking 
the exempted waste as required under 10 CFR 20.2006 or NRC Agreement 
State equivalent regulations, including applicable NARM requirements, in 
addition to the records specified in Sec. 266.350(a) through (d).

        Loss of Transportation and Disposal Conditional Exemption



Sec. 266.355  How could you lose the transportation and 
disposal conditional exemption for your waste and what 
actions must you take?

    (a) Any waste will automatically lose the transportation and 
disposal exemption if you fail to manage it in accordance with all of 
the conditions specified in Sec. 266.315.
    (1) When you fail to meet any of the conditions specified in Sec. 
266.315 for any of your wastes, you must report to us, in writing by 
certified delivery, within 30 days of learning of the failure. Your 
report must be signed by your authorized representative certifying that 
the information provided is true, accurate, and complete. This report 
must include:
    (i) The specific condition(s) that you failed to meet for the waste;
    (ii) A description of the waste (including the waste name, hazardous 
waste codes and quantity) that lost the exemption; and
    (iii) The date(s) on which you failed to meet the condition(s) for 
the waste.
    (2) If the failure to meet any of the conditions may endanger human 
health or the environment, you must also immediately notify us orally 
within 24 hours and follow up with a written notification within 5 days.
    (b) We may terminate your ability to claim a conditional exemption 
for your waste, or require you to meet additional conditions to claim a 
conditional exemption, for serious or repeated noncompliance with any 
requirement(s) of subpart N of this part.



Sec. 266.360  If you lose the transportation and disposal conditional
exemption for a waste, can the exemption be reclaimed?

    (a) You may reclaim the transportation and disposal exemption for a 
waste after you have received a return receipt confirming that we have 
received your notification of the loss of the exemption specified in 
Sec. 266.355(a) and if:
    (1) You again meet the conditions specified in Sec. 266.315 for the 
waste; and
    (2) You send a notice, by certified delivery, to us that you are 
reclaiming the exemption for the waste. Your notice must be signed by 
your authorized representative certifying that the information provided 
is true, accurate, and complete. The notice must:
    (i) Explain the circumstances of each failure.
    (ii) Certify that each failure that caused you to lose the exemption 
for the waste has been corrected and that you again meet all conditions 
for the waste as of the date you specify.
    (iii) Describe plans you have implemented, listing the specific 
steps that you have taken, to ensure that conditions will be met in the 
future.
    (iv) Include any other information you want us to consider when we 
review your notice reclaiming the exemption.
    (b) We may terminate a reclaimed conditional exemption if we find 
that your claim is inappropriate based on factors including, but not 
limited to: you have failed to correct the problem; you explained the 
circumstances of the failure unsatisfactorily; or you failed to 
implement a plan with steps to prevent another failure to meet the 
conditions of Sec. 266.315. In reviewing a reclaimed conditional 
exemption under this section, we may add conditions to the exemption to 
ensure that transportation and disposal activities will protect human 
health and the environment.

Subpart O--[Reserved]

[[Page 60]]



                Subpart P_Hazardous Waste Pharmaceuticals

    Source: 84 FR 5940, Feb. 22, 2019, unless otherwise noted.



Sec. 266.500  Definitions for this subpart.

    The following definitions apply to this subpart:
    Evaluated hazardous waste pharmaceutical means a prescription 
hazardous waste pharmaceutical that has been evaluated by a reverse 
distributor in accordance with Sec. 266.510(a)(3) and will not be sent 
to another reverse distributor for further evaluation or verification of 
manufacture credit.
    Hazardous waste pharmaceutical means a pharmaceutical that is a 
solid waste, as defined in Sec. 261.2, and exhibits one or more 
characteristics identified in part 261 subpart C or is listed in part 
261 subpart D. A pharmaceutical is not a solid waste, as defined in 
Sec. 261.2, and therefore not a hazardous waste pharmaceutical, if it 
is legitimately used/reused (e.g., lawfully donated for its intended 
purpose) or reclaimed. An over-the-counter pharmaceutical, dietary 
supplement, or homeopathic drug is not a solid waste, as defined in 
Sec. 261.2, and therefore not a hazardous waste pharmaceutical, if it 
has a reasonable expectation of being legitimately used/reused (e.g., 
lawfully redistributed for its intended purpose) or reclaimed.
    Healthcare facility means any person that is lawfully authorized 
to--
    (1) Provide preventative, diagnostic, therapeutic, rehabilitative, 
maintenance or palliative care, and counseling, service, assessment or 
procedure with respect to the physical or mental condition, or 
functional status, of a human or animal or that affects the structure or 
function of the human or animal body; or
    (2) Distribute, sell, or dispense pharmaceuticals, including over-
the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or 
prescription pharmaceuticals. This definition includes, but is not 
limited to, wholesale distributors, third-party logistics providers that 
serve as forward distributors, military medical logistics facilities, 
hospitals, psychiatric hospitals, ambulatory surgical centers, health 
clinics, physicians' offices, optical and dental providers, 
chiropractors, long-term care facilities, ambulance services, 
pharmacies, long-term care pharmacies, mail-order pharmacies, retailers 
of pharmaceuticals, veterinary clinics, and veterinary hospitals. This 
definition does not include pharmaceutical manufacturers, reverse 
distributors, or reverse logistics centers.
    Household waste pharmaceutical means a pharmaceutical that is a 
solid waste, as defined in Sec. 261.2, but is excluded from being a 
hazardous waste under Sec. 261.4(b)(1).
    Long-term care facility means a licensed entity that provides 
assistance with activities of daily living, including managing and 
administering pharmaceuticals to one or more individuals at the 
facility. This definition includes, but is not limited to, hospice 
facilities, nursing facilities, skilled nursing facilities, and the 
nursing and skilled nursing care portions of continuing care retirement 
communities. Not included within the scope of this definition are group 
homes, independent living communities, assisted living facilities, and 
the independent and assisted living portions of continuing care 
retirement communities.
    Non-creditable hazardous waste pharmaceutical means a prescription 
hazardous waste pharmaceutical that does not have a reasonable 
expectation to be eligible for manufacturer credit or a nonprescription 
hazardous waste pharmaceutical that does not have a reasonable 
expectation to be legitimately used/reused or reclaimed. This includes 
but is not limited to, investigational drugs, free samples of 
pharmaceuticals received by healthcare facilities, residues of 
pharmaceuticals remaining in empty containers, contaminated personal 
protective equipment, floor sweepings, and clean-up material from the 
spills of pharmaceuticals.
    Non-hazardous waste pharmaceutical means a pharmaceutical that is a 
solid waste, as defined in Sec. 261.2, and is not listed in 40 CFR part 
261 subpart D, and does not exhibit a characteristic identified in 40 
CFR part 261 subpart C.
    Non-pharmaceutical hazardous waste means a solid waste, as defined 
in Sec. 261.2, that is listed in 40 CFR part 261 subpart D, or exhibits 
one or more characteristics identified in 40 CFR

[[Page 61]]

part 261 subpart C, but is not a pharmaceutical, as defined in this 
section.
    Pharmaceutical means any drug or dietary supplement for use by 
humans or other animals; any electronic nicotine delivery system (e.g., 
electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) 
packaged for retail sale for use in electronic nicotine delivery systems 
(e.g., pre-filled cartridges or vials). This definition includes, but is 
not limited to, dietary supplements, as defined by the Federal Food, 
Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 
203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; 
investigational new drugs; pharmaceuticals remaining in non-empty 
containers; personal protective equipment contaminated with 
pharmaceuticals; and clean-up material from spills of pharmaceuticals. 
This definition does not include dental amalgam or sharps.
    Potentially creditable hazardous waste pharmaceutical means a 
prescription hazardous waste pharmaceutical that has a reasonable 
expectation to receive manufacturer credit and is--
    (1) In original manufacturer packaging (except pharmaceuticals that 
were subject to a recall);
    (2) Undispensed; and
    (3) Unexpired or less than one year past expiration date. The term 
does not include evaluated hazardous waste pharmaceuticals or 
nonprescription pharmaceuticals including, but not limited to, over-the-
counter drugs, homeopathic drugs, and dietary supplements.
    Reverse distributor means any person that receives and accumulates 
prescription pharmaceuticals that are potentially creditable hazardous 
waste pharmaceuticals for the purpose of facilitating or verifying 
manufacturer credit. Any person, including forward distributors, third-
party logistics providers, and pharmaceutical manufacturers, that 
processes prescription pharmaceuticals for the facilitation or 
verification of manufacturer credit is considered a reverse distributor.



Sec. 266.501  Applicability.

    (a) A healthcare facility that is a very small quantity generator 
when counting all of its hazardous waste, including both its hazardous 
waste pharmaceuticals and its non-pharmaceutical hazardous waste, 
remains subject to Sec. 262.14 and is not subject to this subpart, 
except for Sec. Sec. 266.505 and 266.507 and the optional provisions of 
Sec. 266.504.
    (b) A healthcare facility that is a very small quantity generator 
when counting all of its hazardous waste, including both its hazardous 
waste pharmaceuticals and its non-pharmaceutical hazardous waste, has 
the option of complying with Sec. 266.501(d) for the management of its 
hazardous waste pharmaceuticals as an alternative to complying with 
Sec. 262.14 and the optional provisions of Sec. 266.504.
    (c) A healthcare facility or reverse distributor remains subject to 
all applicable hazardous waste regulations with respect to the 
management of its non-pharmaceutical hazardous waste.
    (d) With the exception of healthcare facilities identified in 
paragraph (a) of this section, a healthcare facility is subject to the 
following in lieu of parts 262 through 265:
    (1) Sections 266.502 and 266.505 through 266.508 of this subpart 
with respect to the management of:
    (i) Non-creditable hazardous waste pharmaceuticals, and
    (ii) Potentially creditable hazardous waste pharmaceuticals if they 
are not destined for a reverse distributor.
    (2) Sections 262.502(a), 266.503, 266.505 through 266.507, and 
266.509 of this subpart with respect to the management of potentially 
creditable hazardous waste pharmaceuticals that are prescription 
pharmaceuticals and are destined for a reverse distributor.
    (e) A reverse distributor is subject to Sec. Sec. 266.505 through 
266.510 of this subpart in lieu of parts 262 through 265 with respect to 
the management of hazardous waste pharmaceuticals.
    (f) Hazardous waste pharmaceuticals generated or managed by entities 
other than healthcare facilities and reverse distributors (e.g., 
pharmaceutical manufacturers and reverse logistics centers) are not 
subject to this subpart. Other generators are subject to 40 CFR part 262 
for the generation and accumulation of hazardous wastes, including 
hazardous waste pharmaceuticals.

[[Page 62]]

    (g) The following are not subject to 40 CFR parts 260 through 273, 
except as specified:
    (1) Pharmaceuticals that are not solid waste, as defined by Sec. 
261.2, because they are legitimately used/reused (e.g., lawfully donated 
for their intended purpose) or reclaimed.
    (2) Over-the-counter pharmaceuticals, dietary supplements, or 
homeopathic drugs that are not solid wastes, as defined by Sec. 261.2, 
because they have a reasonable expectation of being legitimately used/
reused (e.g., lawfully redistributed for their intended purpose) or 
reclaimed.
    (3) Pharmaceuticals being managed in accordance with a recall 
strategy that has been approved by the Food and Drug Administration in 
accordance with 21 CFR part 7 subpart C. This subpart does apply to the 
management of the recalled hazardous waste pharmaceuticals after the 
Food and Drug Administration approves the destruction of the recalled 
items.
    (4) Pharmaceuticals being managed in accordance with a recall 
corrective action plan that has been accepted by the Consumer Product 
Safety Commission in accordance with 16 CFR part 1115. This subpart does 
apply to the management of the recalled hazardous waste pharmaceuticals 
after the Consumer Product Safety Commission approves the destruction of 
the recalled items.
    (5) Pharmaceuticals stored according to a preservation order, or 
during an investigation or judicial proceeding until after the 
preservation order, investigation, or judicial proceeding has concluded 
and/or a decision is made to discard the pharmaceuticals.
    (6) Investigational new drugs for which an investigational new drug 
application is in effect in accordance with the Food and Drug 
Administration's regulations in 21 CFR part 312. This subpart does apply 
to the management of the investigational new drug after the decision is 
made to discard the investigational new drug or the Food and Drug 
Administration approves the destruction of the investigational new drug, 
if the investigational new drug is a hazardous waste.
    (7) Household waste pharmaceuticals, including those that have been 
collected by an authorized collector (as defined by the Drug Enforcement 
Administration), provided the authorized collector complies with the 
conditional exemption in Sec. Sec. 266.506(a)(2) and 266.506(b).



Sec. 266.502  Standards for healthcare facilities managing non
-creditable hazardous waste pharmaceuticals.

    (a) Notification and withdrawal from this subpart for healthcare 
facilities managing hazardous waste pharmaceuticals--(1) Notification. A 
healthcare facility must notify the EPA Regional Administrator, using 
the Site Identification Form (EPA Form 8700-12), that it is a healthcare 
facility operating under this subpart. A healthcare facility is not 
required to fill out Box 10.B. (Waste Codes for Federally Regulated 
Hazardous Waste) of the Site Identification Form with respect to its 
hazardous waste pharmaceuticals. A healthcare facility must submit a 
separate notification (Site Identification Form) for each site or EPA 
identification number.
    (i) A healthcare facility that already has an EPA identification 
number must notify the EPA Regional Administrator, using the Site 
Identification Form (EPA Form 8700-12), that it is a healthcare facility 
as part of its next Biennial Report, if it is required to submit one; or 
if not required to submit a Biennial Report, within 60 days of the 
effective date of this subpart, or within 60 days of becoming subject to 
this subpart.
    (ii) A healthcare facility that does not have an EPA identification 
number must obtain one by notifying the EPA Regional Administrator, 
using the Site Identification Form (EPA Form 8700-12), that it is a 
healthcare facility as part of its next Biennial Report, if it is 
required to submit one; or if not required to submit a Biennial Report, 
within 60 days of the effective date of this subpart, or within 60 days 
of becoming subject to this subpart.
    (iii) A healthcare facility must keep a copy of its notification on 
file for as long as the healthcare facility is subject to this subpart.
    (2) Withdrawal. A healthcare facility that operated under this 
subpart but is

[[Page 63]]

no longer subject to this subpart, because it is a very small quantity 
generator under Sec. 262.14, and elects to withdraw from this subpart, 
must notify the appropriate EPA Regional Administrator using the Site 
Identification Form (EPA Form 8700-12) that it is no longer operating 
under this subpart. A healthcare facility is not required to fill out 
Box 10.B. (Waste Codes for Federally Regulated Hazardous Waste) of the 
Site Identification Form with respect to its hazardous waste 
pharmaceuticals. A healthcare facility must submit a separate 
notification (Site Identification Form) for each EPA identification 
number.
    (i) A healthcare facility must submit the Site Identification Form 
notifying that it is withdrawing from this subpart before it begins 
operating under the conditional exemption of Sec. 262.14.
    (ii) A healthcare facility must keep a copy of its withdrawal on 
file for three years from the date of signature on the notification of 
its withdrawal.
    (b) Training of personnel managing non-creditable hazardous waste 
pharmaceuticals at healthcare facilities. A healthcare facility must 
ensure that all personnel that manage non-creditable hazardous waste 
pharmaceuticals are thoroughly familiar with proper waste handling and 
emergency procedures relevant to their responsibilities during normal 
facility operations and emergencies.
    (c) Hazardous waste determination for non-creditable 
pharmaceuticals. A healthcare facility that generates a solid waste that 
is a non-creditable pharmaceutical must determine whether that 
pharmaceutical is a hazardous waste pharmaceutical (i.e., it exhibits a 
characteristic identified in 40 CFR part 261 subpart C or is listed in 
40 CFR part 261 subpart D) in order to determine whether the waste is 
subject to this subpart. A healthcare facility may choose to manage its 
non-hazardous waste pharmaceuticals as non-creditable hazardous waste 
pharmaceuticals under this subpart.
    (d) Standards for containers used to accumulate non-creditable 
hazardous waste pharmaceuticals at healthcare facilities. (1) A 
healthcare facility must place non-creditable hazardous waste 
pharmaceuticals in a container that is structurally sound, compatible 
with its contents, and that lacks evidence of leakage, spillage, or 
damage that could cause leakage under reasonably foreseeable conditions.
    (2) A healthcare facility that manages ignitable or reactive non-
creditable hazardous waste pharmaceuticals, or that mixes or commingles 
incompatible non-creditable hazardous waste pharmaceuticals must manage 
the container so that it does not have the potential to:
    (i) Generate extreme heat or pressure, fire or explosion, or violent 
reaction;
    (ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health;
    (iii) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;
    (iv) Damage the structural integrity of the container of non-
creditable hazardous waste pharmaceuticals; or
    (v) Through other like means threaten human health or the 
environment.
    (3) A healthcare facility must keep containers of non-creditable 
hazardous waste pharmaceuticals closed and secured in a manner that 
prevents unauthorized access to its contents.
    (4) A healthcare facility may accumulate non-creditable hazardous 
waste pharmaceuticals and non-hazardous non-creditable waste 
pharmaceuticals in the same container, except that non-creditable 
hazardous waste pharmaceuticals prohibited from being combusted because 
of the dilution prohibition of Sec. 268.3(c) must be accumulated in 
separate containers and labeled with all applicable hazardous waste 
numbers (i.e., hazardous waste codes).
    (e) Labeling containers used to accumulate non-creditable hazardous 
waste pharmaceuticals at healthcare facilities. A healthcare facility 
must label or clearly mark each container of non-creditable hazardous 
waste pharmaceuticals with the phrase ``Hazardous Waste 
Pharmaceuticals.''
    (f) Maximum accumulation time for non-creditable hazardous waste 
pharmaceuticals at healthcare facilities. (1) A healthcare facility may 
accumulate non-creditable hazardous waste pharmaceuticals on site for 
one year or less

[[Page 64]]

without a permit or having interim status.
    (2) A healthcare facility that accumulates non-creditable hazardous 
waste pharmaceuticals on-site must demonstrate the length of time that 
the non-creditable hazardous waste pharmaceuticals have been 
accumulating, starting from the date it first becomes a waste. A 
healthcare facility may make this demonstration by any of the following 
methods:
    (i) Marking or labeling the container of non-creditable hazardous 
waste pharmaceuticals with the date that the non-creditable hazardous 
waste pharmaceuticals became a waste;
    (ii) Maintaining an inventory system that identifies the date the 
non-creditable hazardous waste pharmaceuticals being accumulated first 
became a waste;
    (iii) Placing the non-creditable hazardous waste pharmaceuticals in 
a specific area and identifying the earliest date that any of the non-
creditable hazardous waste pharmaceuticals in the area became a waste.
    (g) Land disposal restrictions for non-creditable hazardous waste 
pharmaceuticals. The non-creditable hazardous waste pharmaceuticals 
generated by a healthcare facility are subject to the land disposal 
restrictions of 40 CFR part 268. A healthcare facility that generates 
non-creditable hazardous waste pharmaceuticals must comply with the land 
disposal restrictions in accordance with Sec. 268.7(a) requirements, 
except that it is not required to identify the hazardous waste numbers 
(i.e., hazardous waste codes) on the land disposal restrictions 
notification.
    (h) Procedures for healthcare facilities for managing rejected 
shipments of non-creditable hazardous waste pharmaceuticals. A 
healthcare facility that sends a shipment of non-creditable hazardous 
waste pharmaceuticals 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 in accordance with the 
manifest discrepancy provisions of Sec. 264.72 or Sec. 265.72 of this 
chapter may accumulate the returned non-creditable hazardous waste 
pharmaceuticals on site for up to an additional 90 days provided the 
rejected or returned shipment is managed in accordance with paragraphs 
(d) and (e) of this section. Upon receipt of the returned shipment, the 
healthcare facility must:
    (1) Sign either:
    (i) Item 18c of the original manifest, if the original manifest was 
used for the returned shipment; or
    (ii) Item 20 of the new manifest, if a new manifest was used for the 
returned shipment;
    (2) Provide the transporter a copy of the manifest;
    (3) Within 30 days of receipt of the rejected shipment, send a copy 
of the manifest to the designated facility that returned the shipment to 
the healthcare facility; and
    (4) Within 90 days of receipt of the rejected shipment, transport or 
offer for transport the returned shipment in accordance with the 
shipping standards of Sec. 266.508(a).
    (i) Reporting by healthcare facilities for non-creditable hazardous 
waste pharmaceuticals--(1) Biennial reporting by healthcare facilities. 
Healthcare facilities are not subject to biennial reporting requirements 
under Sec. 262.41, with respect to non-creditable hazardous waste 
pharmaceuticals managed under this subpart.
    (2) Exception reporting by healthcare facilities for a missing copy 
of the manifest--(i) For shipments from a healthcare facility to a 
designated facility. (A) If a healthcare facility does not receive a 
copy of the manifest with the signature of the owner or operator of the 
designated facility within 60 days of the date the non-creditable 
hazardous waste pharmaceuticals were accepted by the initial 
transporter, the healthcare facility must submit:
    (1) A legible copy of the original manifest, indicating that the 
healthcare facility has not received confirmation of delivery, to the 
EPA Regional Administrator for the Region in which the healthcare 
facility is located; and
    (2) A handwritten or typed note on the manifest itself, or on an 
attached sheet of paper, stating that the return copy was not received 
and explaining the efforts taken to locate the non-

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creditable hazardous waste pharmaceuticals and the results of those 
efforts.
    (B) [Reserved]
    (ii) For shipments rejected by the designated facility and shipped 
to an alternate facility. (A) If a healthcare facility does not receive 
a copy of the manifest for a rejected shipment of the non-creditable 
hazardous waste pharmaceuticals that is forwarded by the designated 
facility to an alternate facility (using appropriate manifest 
procedures), with the signature of the owner or operator of the 
alternate facility, within 60 days of the date the non-creditable 
hazardous waste was accepted by the initial transporter forwarding the 
shipment of non-creditable hazardous waste pharmaceuticals from the 
designated facility to the alternate facility, the healthcare facility 
must submit:
    (1) A legible copy of the original manifest, indicating that the 
healthcare facility has not received confirmation of delivery, to the 
EPA Regional Administrator for the Region in which the healthcare 
facility is located; and
    (2) A handwritten or typed note on the manifest itself, or on an 
attached sheet of paper, stating that the return copy was not received 
and explaining the efforts taken to locate the non-creditable hazardous 
waste pharmaceuticals and the results of those efforts.
    (B) [Reserved]
    (3) Additional reports. The EPA Regional Administrator may require 
healthcare facilities to furnish additional reports concerning the 
quantities and disposition of non-creditable hazardous waste 
pharmaceuticals.
    (j) Recordkeeping by healthcare facilities for non-creditable 
hazardous waste pharmaceuticals. (1) A healthcare facility must keep a 
copy of each manifest signed in accordance with Sec. 262.23(a) for 
three years or until it receives a signed copy from the designated 
facility which received the non-creditable hazardous waste 
pharmaceuticals. 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.
    (2) A healthcare facility must keep a copy of each exception report 
for a period of at least three years from the date of the report.
    (3) A healthcare facility must keep records of any test results, 
waste analyses, or other determinations made to support its hazardous 
waste determination(s) consistent with Sec. 262.11(f), for at least 
three years from the date the waste was last sent to on-site or off-site 
treatment, storage or disposal. A healthcare facility that manages all 
of its non-creditable non-hazardous waste pharmaceuticals as non-
creditable hazardous waste pharmaceuticals is not required to keep 
documentation of hazardous waste determinations.
    (4) 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 EPA 
Regional Administrator.
    (5) All records must be readily available upon request by an 
inspector.
    (k) Response to spills of non-creditable hazardous waste 
pharmaceuticals at healthcare facilities. A healthcare facility must 
immediately contain all spills of non-creditable hazardous waste 
pharmaceuticals and manage the spill clean-up materials as non-
creditable hazardous waste pharmaceuticals in accordance with the 
requirements of this subpart.
    (l) Accepting non-creditable hazardous waste pharmaceuticals from an 
off-site healthcare facility that is a very small quantity generator. A 
healthcare facility may accept non-creditable hazardous waste 
pharmaceuticals from an off-site healthcare facility that is a very 
small quantity generator under Sec. 262.14, without a permit or without 
having interim status, provided the receiving healthcare facility:
    (1) Is under the control of the same person (as defined in Sec. 
260.10) as the very small quantity generator healthcare facility that is 
sending the non-creditable hazardous waste pharmaceuticals off-site 
(``control,'' for the purposes of this section, means the power to 
direct the policies of the healthcare facility, whether by the ownership 
of stock, voting rights, or otherwise, except that contractors who 
operate healthcare facilities on behalf

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of a different person as defined in Sec. 260.10 of this chapter shall 
not be deemed to ``control'' such healthcare facilities) or has a 
contractual or other documented business relationship whereby the 
receiving healthcare facility supplies pharmaceuticals to the very small 
quantity generator healthcare facility;
    (2) Is operating under this subpart for the management of its non-
creditable hazardous waste pharmaceuticals;
    (3) Manages the non-creditable hazardous waste pharmaceuticals that 
it receives from off site in compliance with this subpart; and
    (4) Keeps records of the non-creditable hazardous waste 
pharmaceuticals shipments it receives from off site for three years from 
the date that the shipment is received.



Sec. 266.503  Standards for healthcare facilities managing
potentially creditable hazardous waste pharmaceuticals.

    (a) Hazardous waste determination for potentially creditable 
pharmaceuticals. A healthcare facility that generates a solid waste that 
is a potentially creditable pharmaceutical must determine whether the 
potentially creditable pharmaceutical is a potentially creditable 
hazardous waste pharmaceutical (i.e., it is listed in 40 CFR part 261 
subpart D or exhibits a characteristic identified in 40 CFR part 261 
subpart C). A healthcare facility may choose to manage its potentially 
creditable non-hazardous waste pharmaceuticals as potentially creditable 
hazardous waste pharmaceuticals under this subpart.
    (b) Accepting potentially creditable hazardous waste pharmaceuticals 
from an off-site healthcare facility that is a very small quantity 
generator. A healthcare facility may accept potentially creditable 
hazardous waste pharmaceuticals from an off-site healthcare facility 
that is a very small quantity generator under Sec. 262.14, without a 
permit or without having interim status, provided the receiving 
healthcare facility:
    (1) Is under the control of the same person, as defined in Sec. 
260.10, as the very small quantity generator healthcare facility that is 
sending the potentially creditable hazardous waste pharmaceuticals off 
site, or has a contractual or other documented business relationship 
whereby the receiving healthcare facility supplies pharmaceuticals to 
the very small quantity generator healthcare facility;
    (2) Is operating under this subpart for the management of its 
potentially creditable hazardous waste pharmaceuticals;
    (3) Manages the potentially creditable hazardous waste 
pharmaceuticals that it receives from off site in compliance with this 
subpart; and
    (4) Keeps records of the potentially creditable hazardous waste 
pharmaceuticals shipments it receives from off site for three years from 
the date that the shipment is received.
    (c) Prohibition. Healthcare facilities are prohibited from sending 
hazardous wastes other than potentially creditable hazardous waste 
pharmaceuticals to a reverse distributor.
    (d) Biennial Reporting by healthcare facilities. Healthcare 
facilities are not subject to biennial reporting requirements under 
Sec. 262.41 with respect to potentially creditable hazardous waste 
pharmaceuticals managed under this subpart.
    (e) Recordkeeping by healthcare facilities. (1) A healthcare 
facility that initiates a shipment of potentially creditable hazardous 
waste pharmaceuticals to a reverse distributor must keep the following 
records (paper or electronic) for each shipment of potentially 
creditable hazardous waste pharmaceuticals for three years from the date 
of shipment:
    (i) The confirmation of delivery; and
    (ii) The shipping papers prepared in accordance with 49 CFR part 172 
subpart C, if 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 EPA 
Regional Administrator.
    (3) All records must be readily available upon request by an 
inspector.
    (f) Response to spills of potentially creditable hazardous waste 
pharmaceuticals at healthcare facilities. A healthcare facility must 
immediately contain all spills of potentially creditable hazardous waste 
pharmaceuticals and

[[Page 67]]

manage the spill clean-up materials as non-creditable hazardous waste 
pharmaceuticals in accordance with this subpart.



Sec. 266.504  Healthcare facilities that are very small quantity
generators for both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste.

    (a) Potentially creditable hazardous waste pharmaceuticals. A 
healthcare facility that is a very small quantity generator for both 
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste 
may send its potentially creditable hazardous waste pharmaceuticals to a 
reverse distributor.
    (b) Off-site collection of hazardous waste pharmaceuticals generated 
by a healthcare facility that is a very small quantity generator. A 
healthcare facility that is a very small quantity generator for both 
hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste 
may send its hazardous waste pharmaceuticals off-site to another 
healthcare facility, provided:
    (1) The receiving healthcare facility meets the conditions in Sec. 
266.502(l) of this subpart and Sec. 266.503(b), as applicable; or
    (2) The very small quantity generator healthcare facility meets the 
conditions in Sec. 262.14(a)(5)(viii) and the receiving large quantity 
generator meets the conditions in Sec. 262.17(f).
    (c) Long-term care facilities that are very small quantity 
generators. A long-term care facility that is a very small quantity 
generator for both hazardous waste pharmaceuticals and non-
pharmaceutical hazardous waste may dispose of its hazardous waste 
pharmaceuticals (excluding contaminated personal protective equipment or 
clean-up materials) in an on-site collection receptacle of an authorized 
collector (as defined by the Drug Enforcement Administration) that is 
registered with the Drug Enforcement Administration provided the 
contents are collected, stored, transported, destroyed and disposed of 
in compliance with all applicable Drug Enforcement Administration 
regulations for controlled substances.
    (d) Long-term care facilities with 20 beds or fewer. A long-term 
care facility with 20 beds or fewer is presumed to be a very small 
quantity generator subject to Sec. 262.14 for both hazardous waste 
pharmaceuticals and non-pharmaceutical hazardous waste and not subject 
to this subpart, except for Sec. Sec. 266.505 and 266.507 and the other 
optional provisions of this section. The EPA Regional Administrator has 
the responsibility to demonstrate that a long-term care facility with 20 
beds or fewer generates quantities of hazardous waste that are in excess 
of the very small quantity generator limits as defined in Sec. 260.10. 
A long-term care facility with more than 20 beds that operates as a very 
small quantity generator under Sec. 262.14 must demonstrate that it 
generates quantities of hazardous waste that are within the very small 
quantity generator limits as defined by Sec. 260.10.



Sec. 266.505  Prohibition of sewering hazardous waste pharmaceuticals.

    All healthcare facilities--including very small quantity generators 
operating under Sec. 262.14 in lieu of this subpart--and reverse 
distributors are prohibited from discharging hazardous waste 
pharmaceuticals to a sewer system that passes through to a publicly-
owned treatment works. Healthcare facilities and reverse distributors 
remain subject to the prohibitions in 40 CFR 403.5(b)(1).



Sec. 266.506  Conditional exemptions for hazardous waste 
pharmaceuticals that are also controlled substances and
household waste pharmaceuticals collected in a 
          take-back event or program.

    (a) Conditional exemptions. Provided the conditions of paragraph (b) 
of this section are met, the following are exempt from 40 CFR parts 262 
through 273:
    (1) Hazardous waste pharmaceuticals that are also listed on a 
schedule of controlled substances by the Drug Enforcement Administration 
in 21 CFR part 1308, and
    (2) Household waste pharmaceuticals that are collected in a take-
back event or program, including those that are collected by an 
authorized collector (as defined by the Drug Enforcement Administration) 
registered with the Drug

[[Page 68]]

Enforcement Administration that commingles the household waste 
pharmaceuticals with controlled substances from an ultimate user (as 
defined by the Drug Enforcement Administration).
    (b) Conditions for exemption. The hazardous waste pharmaceuticals 
must be:
    (1) Managed in compliance with the sewer prohibition of Sec. 
266.505; and
    (2) Collected, stored, transported, and disposed of in compliance 
with all applicable Drug Enforcement Administration regulations for 
controlled substances; and
    (3) Destroyed by a method that Drug Enforcement Administration has 
publicly deemed in writing to meet their non-retrievable standard of 
destruction or combusted at one of the following:
    (i) A permitted large municipal waste combustor, subject to 40 CFR 
part 62 subpart FFF or applicable state plan for existing large 
municipal waste combustors, or 40 CFR part 60 subparts Eb for new large 
municipal waste combustors; or
    (ii) A permitted small municipal waste combustor, subject to 40 CFR 
part 62 subpart JJJ or applicable state plan for existing small 
municipal waste combustors, or 40 CFR part 60 subparts AAAA for new 
small municipal waste combustors; or
    (iii) A permitted hospital, medical and infectious waste 
incinerator, subject to 40 CFR part 62 subpart HHH or applicable state 
plan for existing hospital, medical and infectious waste incinerators, 
or 40 CFR part 60 subpart Ec for new hospital, medical and infectious 
waste incinerators.
    (iv) A permitted commercial and industrial solid waste incinerator, 
subject to 40 CFR part 62 subpart III or applicable state plan for 
existing commercial and industrial solid waste incinerators, or 40 CFR 
part 60 subpart CCCC for new commercial and industrial solid waste 
incinerators.
    (v) A permitted hazardous waste combustor subject to 40 CFR part 63 
subpart EEE.



Sec. 266.507  Residues of hazardous waste pharmaceuticals in
empty containers.

    (a) Stock, dispensing and unit-dose containers. A stock bottle, 
dispensing bottle, vial, or ampule (not to exceed 1 liter or 10,000 
pills); or a unit-dose container (e.g., a unit-dose packet, cup, 
wrapper, blister pack, or delivery device) is considered empty and the 
residues are not regulated as hazardous waste provided the 
pharmaceuticals have been removed from the stock bottle, dispensing 
bottle, vial, ampule, or the unit-dose container using the practices 
commonly employed to remove materials from that type of container.
    (b) Syringes. A syringe is considered empty and the residues are not 
regulated as hazardous waste under this subpart provided the contents 
have been removed by fully depressing the plunger of the syringe. If a 
syringe is not empty, the syringe must be placed with its remaining 
hazardous waste pharmaceuticals into a container that is managed and 
disposed of as a non-creditable hazardous waste pharmaceutical under 
this subpart and any applicable federal, state, and local requirements 
for sharps containers and medical waste.
    (c) Intravenous (IV) bags. An IV bag is considered empty and the 
residues are not regulated as hazardous waste provided the 
pharmaceuticals in the IV bag have been fully administered to a patient. 
If an IV bag is not empty, the IV bag must be placed with its remaining 
hazardous waste pharmaceuticals into a container that is managed and 
disposed of as a non-creditable hazardous waste pharmaceutical under 
this subpart, unless the IV bag held non-acute hazardous waste 
pharmaceuticals and is empty as defined in Sec. 261.7(b)(1).
    (d) Other containers, including delivery devices. Hazardous waste 
pharmaceuticals remaining in all other types of unused, partially 
administered, or fully administered containers must be managed as non-
creditable hazardous waste pharmaceuticals under this subpart, unless 
the container held non-acute hazardous waste pharmaceuticals and is 
empty as defined in Sec. 261.7(b)(1) or (2). This includes, but is not 
limited to, residues in inhalers, aerosol cans, nebulizers, tubes of 
ointments, gels, or creams.

[[Page 69]]



Sec. 266.508  Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility or evaluated hazardous waste
pharmaceuticals from a reverse 
          distributor.

    (a) Shipping non-creditable hazardous waste pharmaceuticals or 
evaluated hazardous waste pharmaceuticals. A healthcare facility must 
ship non-creditable hazardous waste pharmaceuticals and a reverse 
distributor must ship evaluated hazardous waste pharmaceuticals off-site 
to a designated facility (such as a permitted or interim status 
treatment, storage, or disposal facility) in compliance with:
    (1) The following pre-transport requirements, before transporting or 
offering for transport off-site:
    (i) Packaging. Package the waste in accordance with the applicable 
Department of Transportation regulations on hazardous materials under 49 
CFR parts 173, 178, and 180.
    (ii) Labeling. Label each package in accordance with the applicable 
Department of Transportation regulations on hazardous materials under 49 
CFR part 172 subpart E.
    (iii) Marking. (A) Mark each package of hazardous waste 
pharmaceuticals in accordance with the applicable Department of 
Transportation (DOT) regulations on hazardous materials under 49 CFR 
part 172 subpart D;
    (B) 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.

Healthcare Facility's or Reverse distributor's Name and Address_________
Healthcare Facility's or Reverse distributor's EPA Identification Number
Manifest Tracking Number________________________________________________

    (C) Lab packs that will be incinerated in compliance with Sec. 
268.42(c) are not required to be marked with EPA Hazardous Waste 
Number(s), except D004, D005, D006, D007, D008, D010, and D011, where 
applicable. A nationally recognized electronic system, such as bar 
coding or radio frequency identification, may be used to identify the 
EPA Hazardous Waste Number(s).
    (iv) Placarding. 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.
    (2) The manifest requirements of 40 CFR part 262 subpart B, except 
that:
    (i) A healthcare facility shipping non-creditable hazardous waste 
pharmaceuticals is not required to list all applicable hazardous waste 
numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 8700-22.
    (ii) A healthcare facility shipping non-creditable hazardous waste 
pharmaceuticals must write the word ``PHARMS'' in Item 13 of EPA Form 
8700-22.
    (b) Exporting non-creditable hazardous waste pharmaceuticals or 
evaluated hazardous waste pharmaceuticals. A healthcare facility or 
reverse distributor that exports non-creditable hazardous waste 
pharmaceuticals or evaluated hazardous waste pharmaceuticals is subject 
to 40 CFR part 262 subpart H.
    (c) Importing non-creditable hazardous waste pharmaceuticals or 
evaluated hazardous waste pharmaceuticals. Any person that imports non-
creditable hazardous waste pharmaceuticals or evaluated hazardous waste 
pharmaceuticals is subject to 40 CFR part 262 subpart H. A healthcare 
facility or reverse distributor may not accept imported non-creditable 
hazardous waste pharmaceuticals or evaluated hazardous waste 
pharmaceuticals unless they have a permit or interim status that allows 
them to accept hazardous waste from off site.



Sec. 266.509  Shipping potentially creditable hazardous waste pharmaceuticals
from a healthcare facility or a reverse distributor to a reverse distributor.

    (a) Shipping potentially creditable hazardous waste pharmaceuticals. 
A healthcare facility or a reverse distributor who transports or offers 
for transport potentially creditable hazardous waste pharmaceuticals 
off-site to a reverse distributor must comply with all applicable U.S. 
Department of Transportation regulations in 49 CFR

[[Page 70]]

part 171 through 180 for any potentially creditable hazardous waste 
pharmaceutical that meets the definition of hazardous material in 49 CFR 
171.8. For purposes of the Department of Transportation regulations, a 
material is considered a hazardous waste if it is subject to the 
Hazardous Waste Manifest Requirements of the U.S. Environmental 
Protection Agency specified in 40 CFR part 262. Because a potentially 
creditable hazardous waste pharmaceutical does not require a manifest, 
it is not considered hazardous waste under the Department of 
Transportation regulations.
    (b) Delivery confirmation. Upon receipt of each shipment of 
potentially creditable hazardous waste pharmaceuticals, the receiving 
reverse distributor must provide confirmation (paper or electronic) to 
the healthcare facility or reverse distributor that initiated the 
shipment that the shipment of potentially creditable hazardous waste 
pharmaceuticals has arrived at its destination and is under the custody 
and control of the reverse distributor.
    (c) Procedures for when delivery confirmation is not received within 
35 calendar days. If a healthcare facility or reverse distributor 
initiates a shipment of potentially creditable hazardous waste 
pharmaceuticals to a reverse distributor and does not receive delivery 
confirmation within 35 calendar days from the date that the shipment of 
potentially creditable hazardous waste pharmaceuticals was sent, the 
healthcare facility or reverse distributor that initiated the shipment 
must contact the carrier and the intended recipient (i.e., the reverse 
distributor) promptly to report that the delivery confirmation was not 
received and to determine the status of the potentially creditable 
hazardous waste pharmaceuticals.
    (d) Exporting potentially creditable hazardous waste 
pharmaceuticals. A healthcare facility or reverse distributor that sends 
potentially creditable hazardous waste pharmaceuticals to a foreign 
destination must comply with the applicable sections of 40 CFR part 262 
subpart H, except the manifesting requirement of Sec. 262.83(c), in 
addition to paragraphs (a) through (c) of this section.
    (e) Importing potentially creditable hazardous waste 
pharmaceuticals. Any person that imports potentially creditable 
hazardous waste pharmaceuticals into the United States is subject to 
paragraphs (a) through (c) of this section in lieu of 40 CFR part 262 
subpart H. Immediately after the potentially creditable hazardous waste 
pharmaceuticals enter the United States, they are subject to all 
applicable requirements of this subpart.



Sec. 266.510  Standards for the management of potentially creditable
hazardous waste pharmaceuticals and evaluated hazardous waste 
pharmaceuticals at reverse 
          distributors.

    A reverse distributor may accept potentially creditable hazardous 
waste pharmaceuticals from off site and accumulate potentially 
creditable hazardous waste pharmaceuticals or evaluated hazardous waste 
pharmaceuticals on site without a hazardous waste permit or without 
having interim status, provided that it complies with the following 
conditions:
    (a) Standards for reverse distributors managing potentially 
creditable hazardous waste pharmaceuticals and evaluated hazardous waste 
pharmaceuticals--(1) Notification. A reverse distributor must notify the 
EPA Regional Administrator, using the Site Identification Form (EPA Form 
8700-12), that it is a reverse distributor operating under this subpart.
    (i) A reverse distributor that already has an EPA identification 
number must notify the EPA Regional Administrator, using the Site 
Identification Form (EPA Form 8700-12), that it is a reverse 
distributor, as defined in Sec. 266.500, within 60 days of the 
effective date of this subpart, or within 60 days of becoming subject to 
this subpart.
    (ii) A reverse distributor that does not have an EPA identification 
number must obtain one by notifying the EPA Regional Administrator, 
using the Site Identification Form (EPA Form 8700-12), that it is a 
reverse distributor, as defined in Sec. 266.500, within 60 days of the 
effective date of this subpart, or within 60 days of becoming subject to 
this subpart.

[[Page 71]]

    (2) Inventory by the reverse distributor. A reverse distributor must 
maintain a current inventory of all the potentially creditable hazardous 
waste pharmaceuticals and evaluated hazardous waste pharmaceuticals that 
are accumulated on site.
    (i) A reverse distributor must inventory each potentially creditable 
hazardous waste pharmaceutical within 30 calendar days of each waste 
arriving at the reverse distributor.
    (ii) The inventory must include the identity (e.g., name or national 
drug code) and quantity of each potentially creditable hazardous waste 
pharmaceutical and evaluated hazardous waste pharmaceutical.
    (iii) If the reverse distributor already meets the inventory 
requirements of this paragraph because of other regulatory requirements, 
such as State Board of Pharmacy regulations, the facility is not 
required to provide a separate inventory pursuant to this section.
    (3) Evaluation by a reverse distributor that is not a manufacturer. 
A reverse distributor that is not a pharmaceutical manufacturer must 
evaluate a potentially creditable hazardous waste pharmaceutical within 
30 calendar days of the waste arriving at the reverse distributor to 
establish whether it is destined for another reverse distributor for 
further evaluation or verification of manufacturer credit or for a 
permitted or interim status treatment, storage, or disposal facility.
    (i) A potentially creditable hazardous waste pharmaceutical that is 
destined for another reverse distributor is still considered a 
``potentially creditable hazardous waste pharmaceutical'' and must be 
managed in accordance with paragraph (b) of this section.
    (ii) A potentially creditable hazardous waste pharmaceutical that is 
destined for a permitted or interim status treatment, storage or 
disposal facility is considered an ``evaluated hazardous waste 
pharmaceutical'' and must be managed in accordance with paragraph (c) of 
this section.
    (4) Evaluation by a reverse distributor that is a manufacturer. A 
reverse distributor that is a pharmaceutical manufacturer must evaluate 
a potentially creditable hazardous waste pharmaceutical to verify 
manufacturer credit within 30 calendar days of the waste arriving at the 
facility and following the evaluation must manage the evaluated 
hazardous waste pharmaceuticals in accordance with paragraph (c) of this 
section.
    (5) Maximum accumulation time for hazardous waste pharmaceuticals at 
a reverse distributor. (i) A reverse distributor may accumulate 
potentially creditable hazardous waste pharmaceuticals and evaluated 
hazardous waste pharmaceuticals on site for 180 calendar days or less. 
The 180 days start after the potentially creditable hazardous waste 
pharmaceutical has been evaluated and applies to all hazardous waste 
pharmaceuticals accumulated on site, regardless of whether they are 
destined for another reverse distributor (i.e., potentially creditable 
hazardous waste pharmaceuticals) or a permitted or interim status 
treatment, storage, or disposal facility (i.e., evaluated hazardous 
waste pharmaceuticals).
    (ii) Aging pharmaceuticals. Unexpired pharmaceuticals that are 
otherwise creditable but are awaiting their expiration date (i.e., aging 
in a holding morgue) can be accumulated for up to 180 days after the 
expiration date, provided that the unexpired pharmaceuticals are managed 
in accordance with paragraph (a) of this section and the container 
labeling and management standards in 266.510(c)(4)(i) through (vi).
    (6) Security at the reverse distributor facility. A reverse 
distributor must prevent unknowing entry and minimize the possibility 
for the unauthorized entry into the portion of the facility where 
potentially creditable hazardous waste pharmaceuticals and evaluated 
hazardous waste pharmaceuticals are kept.
    (i) Examples of methods that may be used to prevent unknowing entry 
and minimize the possibility for unauthorized entry include, but are not 
limited to:
    (A) A 24-hour continuous monitoring surveillance system;
    (B) An artificial barrier such as a fence; or
    (C) A means to control entry, such as keycard access.

[[Page 72]]

    (ii) If the reverse distributor already meets the security 
requirements of this paragraph because of other regulatory requirements, 
such as Drug Enforcement Administration or State Board of Pharmacy 
regulations, the facility is not required to provide separate security 
measures pursuant to this section.
    (7) Contingency plan and emergency procedures at a reverse 
distributor. A reverse distributor that accepts potentially creditable 
hazardous waste pharmaceuticals from off site must prepare a contingency 
plan and comply with the other requirements of 40 CFR part 262 subpart 
M.
    (8) Closure of a reverse distributor. When closing an area where a 
reverse distributor accumulates potentially creditable hazardous waste 
pharmaceuticals or evaluated hazardous waste pharmaceuticals, the 
reverse distributor must comply with Sec. 262.17(a)(8)(ii) and (iii).
    (9) Reporting by a reverse distributor--(i) Unauthorized waste 
report. A reverse distributor must submit an unauthorized waste report 
if the reverse distributor receives waste from off site that it is not 
authorized to receive (e.g., non-pharmaceutical hazardous waste, 
regulated medical waste). The reverse distributor must prepare and 
submit an unauthorized waste report to the EPA Regional Administrator 
within 45 calendar days after the unauthorized waste arrives at the 
reverse distributor and must send a copy of the unauthorized waste 
report to the healthcare facility (or other entity) that sent the 
unauthorized waste. The reverse distributor must manage the unauthorized 
waste in accordance with all applicable regulations. The unauthorized 
waste report must be signed by the owner or operator of the reverse 
distributor, or its authorized representative, and contain the following 
information:
    (A) The EPA identification number, name and address of the reverse 
distributor;
    (B) The date the reverse distributor received the unauthorized 
waste;
    (C) The EPA identification number, name, and address of the 
healthcare facility that shipped the unauthorized waste, if available;
    (D) A description and the quantity of each unauthorized waste the 
reverse distributor received;
    (E) The method of treatment, storage, or disposal for each 
unauthorized waste; and
    (F) A brief explanation of why the waste was unauthorized, if known.
    (ii) Additional reports. The EPA Regional Administrator may require 
reverse distributors to furnish additional reports concerning the 
quantities and disposition of potentially creditable hazardous waste 
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
    (10) Recordkeeping by reverse distributors. A reverse distributor 
must keep the following records (paper or electronic) readily available 
upon request by an inspector. 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 EPA Regional Administrator.
    (i) A copy of its notification on file for as long as the facility 
is subject to this subpart;
    (ii) A copy of the delivery confirmation and the shipping papers for 
each shipment of potentially creditable hazardous waste pharmaceuticals 
that it receives, and a copy of each unauthorized waste report, for at 
least three years from the date the shipment arrives at the reverse 
distributor;
    (iii) A copy of its current inventory for as long as the facility is 
subject to this subpart.
    (b) Additional standards for reverse distributors managing 
potentially creditable hazardous waste pharmaceuticals destined for 
another reverse distributor. A reverse distributor that does not have a 
permit or interim status must comply with the following conditions, in 
addition to the requirements in paragraph (a) of this section, for the 
management of potentially creditable hazardous waste pharmaceuticals 
that are destined for another reverse distributor for further evaluation 
or verification of manufacturer credit:
    (1) A reverse distributor that receives potentially creditable 
hazardous waste

[[Page 73]]

pharmaceuticals from a healthcare facility must send those potentially 
creditable hazardous waste pharmaceuticals to another reverse 
distributor within 180 days after the potentially creditable hazardous 
waste pharmaceuticals have been evaluated or follow paragraph (c) of 
this section for evaluated hazardous waste pharmaceuticals.
    (2) A reverse distributor that receives potentially creditable 
hazardous waste pharmaceuticals from another reverse distributor must 
send those potentially creditable hazardous waste pharmaceuticals to a 
reverse distributor that is a pharmaceutical manufacturer within 180 
days after the potentially creditable hazardous waste pharmaceuticals 
have been evaluated or follow paragraph (c) of this section for 
evaluated hazardous waste pharmaceuticals.
    (3) A reverse distributor must ship potentially creditable hazardous 
waste pharmaceuticals destined for another reverse distributor in 
accordance with Sec. 266.509.
    (4) Recordkeeping by reverse distributors. A reverse distributor 
must keep the following records (paper or electronic) readily available 
upon request by an inspector for each shipment of potentially creditable 
hazardous waste pharmaceuticals that it initiates to another reverse 
distributor, for at least three years from the date of shipment. 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 EPA Regional 
Administrator.
    (i) The confirmation of delivery; and
    (ii) The DOT shipping papers prepared in accordance with 49 CFR part 
172 subpart C, if applicable
    (c) Additional standards for reverse distributors managing evaluated 
hazardous waste pharmaceuticals. A reverse distributor that does not 
have a permit or interim status must comply with the following 
conditions, in addition to the requirements of paragraph (a) of this 
section, for the management of evaluated hazardous waste 
pharmaceuticals:
    (1) Accumulation area at the reverse distributor. A reverse 
distributor must designate an on-site accumulation area where it will 
accumulate evaluated hazardous waste pharmaceuticals.
    (2) Inspections of on-site accumulation area. A reverse distributor 
must inspect its on-site accumulation area at least once every seven 
days, looking at containers for leaks and for deterioration caused by 
corrosion or other factors, as well as for signs of diversion.
    (3) Personnel training at a reverse distributor. Personnel at a 
reverse distributor that handle evaluated hazardous waste 
pharmaceuticals are subject to the training requirements of Sec. 
262.17(a)(7).
    (4) Labeling and management of containers at on-site accumulation 
areas. A reverse distributor accumulating evaluated hazardous waste 
pharmaceuticals in containers in an on-site accumulation area must:
    (i) Label the containers with the words, ``hazardous waste 
pharmaceuticals'';
    (ii) Ensure the containers are in good condition and managed to 
prevent leaks;
    (iii) Use containers that are made of or lined with materials which 
will not react with, and are otherwise compatible with, the evaluated 
hazardous waste pharmaceuticals, so that the ability of the container to 
contain the waste is not impaired;
    (iv) Keep containers closed, if holding liquid or gel evaluated 
hazardous waste pharmaceuticals. If the liquid or gel evaluated 
hazardous waste pharmaceuticals are in their original, intact, sealed 
packaging; or repackaged, intact, sealed packaging, they are considered 
to meet the closed container standard;
    (v) Manage any container of ignitable or reactive evaluated 
hazardous waste pharmaceuticals, or any container of commingled 
incompatible evaluated hazardous waste pharmaceuticals so that the 
container does not have the potential to:
    (A) Generate extreme heat or pressure, fire or explosion, or violent 
reaction;
    (B) Produce uncontrolled toxic mists, fumes, dusts, or gases in 
sufficient quantities to threaten human health;
    (C) Produce uncontrolled flammable fumes or gases in sufficient 
quantities to pose a risk of fire or explosions;

[[Page 74]]

    (D) Damage the structural integrity of the container of hazardous 
waste pharmaceuticals; or
    (E) Through other like means threaten human health or the 
environment; and
    (vi) Accumulate evaluated hazardous waste pharmaceuticals that are 
prohibited from being combusted because of the dilution prohibition of 
Sec. 268.3(c) (e.g., arsenic trioxide (P012)) in separate containers 
from other evaluated hazardous waste pharmaceuticals at the reverse 
distributor.
    (5) Hazardous waste numbers. Prior to shipping evaluated hazardous 
waste pharmaceuticals off site, all containers must be marked with the 
applicable hazardous waste numbers (i.e., hazardous waste codes). A 
nationally recognized electronic system, such as bar coding or radio 
frequency identification, may be used to identify the EPA Hazardous 
Waste Number(s).
    (6) Shipments. A reverse distributor must ship evaluated hazardous 
waste pharmaceuticals that are destined for a permitted or interim 
status treatment, storage or disposal facility in accordance with the 
applicable shipping standards in Sec. 266.508(a) or (b).
    (7) Procedures for a reverse distributor for managing rejected 
shipments. A reverse distributor that sends a shipment of evaluated 
hazardous waste pharmaceuticals 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 in 
accordance with the manifest discrepancy provisions of Sec. 264.72 or 
Sec. 265.72 of this chapter, may accumulate the returned evaluated 
hazardous waste pharmaceuticals on site for up to an additional 90 days 
in the on-site accumulation area provided the rejected or returned 
shipment is managed in accordance with Sec. 266.510(a) and (c). Upon 
receipt of the returned shipment, the reverse distributor must:
    (i) Sign either:
    (A) Item 18c of the original manifest, if the original manifest was 
used for the returned shipment; or
    (B) Item 20 of the new manifest, if a new manifest was used for the 
returned shipment;
    (ii) Provide the transporter a copy of the manifest;
    (iii) Within 30 days of receipt of the rejected shipment of the 
evaluated hazardous waste pharmaceuticals, send a copy of the manifest 
to the designated facility that returned the shipment to the reverse 
distributor; and
    (iv) Within 90 days of receipt of the rejected shipment, transport 
or offer for transport the returned shipment of evaluated hazardous 
waste pharmaceuticals in accordance with the applicable shipping 
standards of Sec. 266.508(a) or (b).
    (8) Land disposal restrictions. Evaluated hazardous waste 
pharmaceuticals are subject to the land disposal restrictions of 40 CFR 
part 268. A reverse distributor that accepts potentially creditable 
hazardous waste pharmaceuticals from off site must comply with the land 
disposal restrictions in accordance with Sec. 268.7(a) requirements.
    (9) Reporting by a reverse distributor for evaluated hazardous waste 
pharmaceuticals--(i) Biennial reporting by a reverse distributor. A 
reverse distributor that ships evaluated hazardous waste pharmaceuticals 
off-site must prepare and submit a single copy of a biennial report to 
the EPA Regional Administrator by March 1 of each even numbered year in 
accordance with Sec. 262.41.
    (ii) Exception reporting by a reverse distributor for a missing copy 
of the manifest.
    (A) For shipments from a reverse distributor to a designated 
facility. (1) If a reverse distributor does not receive a copy of the 
manifest with the signature of the owner or operator of the designated 
facility within 35 days of the date the evaluated hazardous waste 
pharmaceuticals were accepted by the initial transporter, the reverse 
distributor must contact the transporter or the owner or operator of the 
designated facility to determine the status of the evaluated hazardous 
waste pharmaceuticals.
    (2) A reverse distributor must submit an exception report to the EPA 
Regional Administrator for the Region in which the reverse distributor 
is located if it has not received a copy of the manifest with the 
signature of the owner or operator of the designated facility within 45 
days of the date the

[[Page 75]]

evaluated hazardous waste pharmaceutical was accepted by the initial 
transporter. The exception report must include:
    (i) A legible copy of the manifest for which the reverse distributor 
does not have confirmation of delivery; and
    (ii) A cover letter signed by the reverse distributor, or its 
authorized representative, explaining the efforts taken to locate the 
evaluated hazardous waste pharmaceuticals and the results of those 
efforts.
    (B) For shipments rejected by the designated facility and shipped to 
an alternate facility. (1) A reverse distributor that does not receive a 
copy of the manifest with the signature of the owner or operator of the 
alternate facility within 35 days of the date the evaluated hazardous 
waste pharmaceuticals were accepted by the initial transporter must 
contact the transporter or the owner or operator of the alternate 
facility to determine the status of the hazardous waste. The 35-day time 
frame begins the date the evaluated hazardous waste pharmaceuticals are 
accepted by the transporter forwarding the hazardous waste shipment from 
the designated facility to the alternate facility.
    (2) A reverse distributor must submit an Exception Report to the EPA 
Regional Administrator for the Region in which the reverse distributor 
is located if it has not received a copy of the manifest with the 
signature of the owner or operator of the alternate facility within 45 
days of the date the evaluated hazardous waste pharmaceuticals were 
accepted by the initial transporter. The 45-day timeframe begins the 
date the evaluated hazardous waste pharmaceuticals are accepted by the 
transporter forwarding the hazardous waste pharmaceutical shipment from 
the designated facility to the alternate facility. The Exception Report 
must include:
    (i) A legible copy of the manifest for which the generator does not 
have confirmation of delivery; and
    (ii) A cover letter signed by the reverse distributor, or its 
authorized representative, explaining the efforts taken to locate the 
evaluated hazardous waste pharmaceuticals and the results of those 
efforts.
    (10) Recordkeeping by a reverse distributor for evaluated hazardous 
waste pharmaceuticals. (i) A reverse distributor must keep a log 
(written or electronic) of the inspections of the on-site accumulation 
area, required by paragraph (c)(2) of this section. This log must be 
retained as a record for at least three years from the date of the 
inspection.
    (ii) A reverse distributor must keep a copy of each manifest signed 
in accordance with Sec. 262.23(a) for three years or until it receives 
a signed copy from the designated facility that received the evaluated 
hazardous waste pharmaceutical. This signed copy must be retained as a 
record for at least three years from the date the evaluated hazardous 
waste pharmaceutical was accepted by the initial transporter.
    (iii) A reverse distributor must keep a copy of each biennial report 
for at least three years from the due date of the report.
    (iv) A reverse distributor must keep a copy of each exception report 
for at least three years from the submission of the report.
    (v) A reverse distributor must keep records to document personnel 
training, in accordance with Sec. 262.17(a)(7)(iv).
    (vi) All records must be readily available upon request by an 
inspector. 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 EPA 
Regional Administrator.
    (d) When a reverse distributor must have a permit. A reverse 
distributor is an operator of a hazardous waste treatment, storage, or 
disposal facility and is subject to the requirements of 40 CFR parts 
264, 265, and 267 and the permit requirements of 40 CFR part 270, if the 
reverse distributor:
    (1) Does not meet the conditions of this section;
    (2) Accepts manifested hazardous waste from off site; or
    (3) Treats or disposes of hazardous waste pharmaceuticals on site.

[[Page 76]]



Sec. Appendix I to Part 266--Tier I and Tier II Feed Rate and Emissions 
                       Screening Limits for Metals

Table I-A--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                              in Noncomplex Terrain
                                            [Values for urban areas]
----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................   6.0E + 01   1.0E + 04   1.8E + 01   6.0E + 01   6.0E + 02   6.0E + 01
6.......................................   6.8E + 01   1.1E + 04   2.0E + 01   6.8E + 01   6.8E + 02   6.8E + 01
8.......................................   7.6E + 01   1.3E + 04   2.3E + 01   7.6E + 01   7.6E + 02   7.6E + 01
10......................................   8.6E + 01   1.4E + 04   2.6E + 01   8.6E + 01   8.6E + 02   8.6E + 01
12......................................   9.6E + 01   1.7E + 04   3.0E + 01   9.6E + 01   9.6E + 02   9.6E + 01
14......................................   1.1E + 02   1.8E + 04   3.4E + 01   1.1E + 02   1.1E + 03   1.1E + 02
16......................................   1.3E + 02   2.1E + 04   3.6E + 01   1.3E + 02   1.3E + 03   1.3E + 02
18......................................   1.4E + 02   2.4E + 04   4.3E + 01   1.4E + 02   1.4E + 03   1.4E + 02
20......................................   1.6E + 02   2.7E + 04   4.6E + 01   1.6E + 02   1.6E + 03   1.6E + 02
22......................................   1.8E + 02   3.0E + 04   5.4E + 01   1.8E + 02   1.8E + 03   1.8E + 02
24......................................   2.0E + 02   3.4E + 04   6.0E + 01   2.0E + 02   2.0E + 03   2.0E + 02
26......................................   2.3E + 02   3.9E + 04   6.8E + 01   2.3E + 02   2.3E + 03   2.3E + 02
28......................................   2.6E + 02   4.3E + 04   7.8E + 01   2.6E + 02   2.6E + 03   2.6E + 02
30......................................   3.0E + 02   5.0E + 04   9.0E + 01   3.0E + 02   3.0E + 03   3.0E + 02
35......................................   4.0E + 02   6.6E + 04   1.1E + 02   4.0E + 02   4.0E + 03   4.0E + 02
40......................................   4.6E + 02   7.8E + 04   1.4E + 02   4.6E + 02   4.6E + 03   4.6E + 02
45......................................   6.0E + 02   1.0E + 05   1.8E + 02   6.0E + 02   6.0E + 03   6.0E + 02
50......................................   7.8E + 02   1.3E + 05   2.3E + 02   7.8E + 02   7.8E + 03   7.8E + 02
55......................................   9.6E + 02   1.7E + 05   3.0E + 02   9.6E + 02   9.6E + 03   9.6E + 02
60......................................   1.2E + 03   2.0E + 05   3.6E + 02   1.2E + 03   1.2E + 04   1.2E + 03
65......................................   1.5E + 03   2.5E + 05   4.3E + 02   1.5E + 03   1.5E + 04   1.5E + 03
70......................................   1.7E + 03   2.8E + 05   5.0E + 02   1.7E + 03   1.7E + 04   1.7E + 03
75......................................   1.9E + 03   3.2E + 05   5.8E + 02   1.9E + 03   1.9E + 04   1.9E + 03
80......................................   2.2E + 03   3.6E + 05   6.4E + 02   2.2E + 03   2.2E + 04   2.2E + 03
85......................................   2.5E + 03   4.0E + 05   7.6E + 02   2.5E + 03   2.5E + 04   2.5E + 03
90......................................   2.8E + 03   4.6E + 05   8.2E + 02   2.8E + 03   2.8E + 04   2.8E + 03
95......................................   3.2E + 03   5.4E + 05   9.6E + 02   3.2E + 03   3.2E + 04   3.2E + 03
100.....................................   3.6E + 03   6.0E + 05   1.1E + 03   3.6E + 03   3.6E + 04   3.6E + 03
105.....................................   4.0E + 03   6.8E + 05   1.2E + 03   4.0E + 03   4.0E + 04   4.0E + 03
110.....................................   4.6E + 03   7.8E + 05   1.4E + 03   4.6E + 03   4.6E + 04   4.6E + 03
115.....................................   5.4E + 03   8.6E + 05   1.6E + 03   5.4E + 03   5.4E + 04   5.4E + 03
120.....................................   6.0E + 03   1.0E + 06   1.8E + 03   6.0E + 03   6.0E + 04   6.0E + 03
----------------------------------------------------------------------------------------------------------------


Table I-B--Tier i and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                              in Noncomplex Terrain
                                            [Values for rural areas]
----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................   3.1E + 01   5.2E + 03   9.4E + 00   3.1E + 01   3.1E + 02   3.1E + 01
6.......................................   3.6E + 01   6.0E + 03   1.1E + 01   3.6E + 01   3.6E + 02   3.6E + 01
8.......................................   4.0E + 01   6.8E + 03   1.2E + 01   4.0E + 01   4.0E + 02   4.0E + 01
10......................................   4.6E + 01   7.8E + 03   1.4E + 01   4.6E + 01   4.6E + 02   4.6E + 01
12......................................   5.8E + 01   9.6E + 03   1.7E + 01   5.8E + 01   5.8E + 02   5.8E + 01
14......................................   6.8E + 01   1.1E + 04   2.1E + 01   6.8E + 01   6.8E + 02   6.8E + 01
16......................................   8.6E + 01   1.4E + 04   2.6E + 01   8.6E + 01   8.6E + 02   8.6E + 01
18......................................   1.1E + 02   1.8E + 04   3.2E + 01   1.1E + 02   1.1E + 03   1.1E + 02
20......................................   1.3E + 02   2.2E + 04   4.0E + 01   1.3E + 02   1.3E + 03   1.3E + 02
22......................................   1.7E + 02   2.8E + 04   5.0E + 01   1.7E + 02   1.7E + 03   1.7E + 02
24......................................   2.2E + 02   3.6E + 04   6.4E + 01   2.2E + 02   2.2E + 03   2.2E + 02
26......................................   2.8E + 02   4.6E + 04   8.2E + 01   2.8E + 02   2.8E + 03   2.8E + 02
28......................................   3.5E + 02   5.8E + 04   1.0E + 02   3.5E + 02   3.5E + 03   3.5E + 02
30......................................   4.3E + 02   7.6E + 04   1.3E + 02   4.3E + 02   4.3E + 03   4.3E + 02
35......................................   7.2E + 02   1.2E + 05   2.1E + 02   7.2E + 02   7.2E + 03   7.2E + 02
40......................................   1.1E + 03   1.8E + 05   3.2E + 02   1.1E + 03   1.1E + 04   1.1E + 03
45......................................   1.5E + 03   2.5E + 05   4.6E + 02   1.5E + 03   1.5E + 04   1.5E + 03
50......................................   2.0E + 03   3.3E + 05   6.0E + 02   2.0E + 03   2.0E + 04   2.0E + 03
55......................................   2.6E + 03   4.4E + 05   7.8E + 02   2.6E + 03   2.6E + 04   2.6E + 03
60......................................   3.4E + 03   5.8E + 05   1.0E + 03   3.4E + 03   3.4E + 04   3.4E + 03
65......................................   4.6E + 03   7.6E + 05   1.4E + 03   4.6E + 03   4.6E + 04   4.6E + 03
70......................................   5.4E + 03   9.0E + 05   1.6E + 03   5.4E + 03   5.4E + 04   5.4E + 03
75......................................   6.4E + 03   1.1E + 06   1.9E + 03   6.4E + 03   6.4E + 04   6.4E + 03
80......................................   7.6E + 03   1.3E + 06   2.3E + 03   7.6E + 03   7.6E + 04   7.6E + 03

[[Page 77]]

 
85......................................   9.4E + 03   1.5E + 06   2.8E + 03   9.4E + 03   9.4E + 04   9.4E + 03
90......................................   1.1E + 04   1.8E + 06   3.3E + 03   1.1E + 04   1.1E + 05   1.1E + 04
95......................................   1.3E + 04   2.2E + 06   3.9E + 03   1.3E + 04   1.3E + 05   1.3E + 04
100.....................................   1.5E + 04   2.6E + 06   4.6E + 03   1.5E + 04   1.5E + 05   1.5E + 04
105.....................................   1.8E + 04   3.0E + 06   5.4E + 03   1.8E + 04   1.8E + 05   1.8E + 04
110.....................................   2.2E + 04   3.6E + 06   6.6E + 03   2.2E + 04   2.2E + 05   2.2E + 04
115.....................................   2.6E + 04   4.4E + 06   7.8E + 03   2.6E + 04   2.6E + 05   2.6E + 04
120.....................................   3.1E + 04   5.0E + 06   9.2E + 03   3.1E + 04   3.1E + 05   3.1E + 04
----------------------------------------------------------------------------------------------------------------


Table I-C--Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities
                                               in Complex Terrain
----------------------------------------------------------------------------------------------------------------
                                        Values for urban and rural areas
-----------------------------------------------------------------------------------------------------------------
                                           Antimony   Barium (g/   Lead (g/   Mercury (g/ Silver (g/   Thallium
   Terrain adjusted eff. stack ht. (m)      (g/hr)        hr)         hr)         hr)         hr)       (g/hr)
----------------------------------------------------------------------------------------------------------------
4.......................................   1.4E + 01   2.4E + 03   4.3E + 00   1.4E + 01   1.4E + 02   1.4E + 01
6.......................................   2.1E + 01   3.5E + 03   6.2E + 00   2.1E + 01   2.1E + 02   2.1E + 01
8.......................................   3.0E + 01   5.0E + 03   9.2E + 00   3.0E + 01   3.0E + 02   3.0E + 01
10......................................   4.3E + 01   7.6E + 03   1.3E + 01   4.3E + 01   4.3E + 02   4.3E + 01
12......................................   5.4E + 01   9.0E + 03   1.7E + 01   5.4E + 01   5.4E + 02   5.4E + 01
14......................................   6.8E + 01   1.1E + 04   2.0E + 01   6.8E + 01   6.8E + 02   6.8E + 01
16......................................   7.8E + 01   1.3E + 04   2.4E + 01   7.8E + 01   7.8E + 02   7.8E + 01
18......................................   8.6E + 01   1.4E + 04   2.6E + 01   8.6E + 01   8.6E + 02   8.6E + 01
20......................................   9.6E + 01   1.6E + 04   2.9E + 01   9.6E + 01   9.6E + 02   9.6E + 01
22......................................   1.0E + 02   1.8E + 04   3.2E + 01   1.0E + 02   1.0E + 03   1.0E + 02
24......................................   1.2E + 02   1.9E + 04   3.5E + 01   1.2E + 02   1.2E + 03   1.2E + 02
26......................................   1.3E + 02   2.2E + 04   3.6E + 01   1.3E + 02   1.3E + 03   1.3E + 02
28......................................   1.4E + 02   2.4E + 04   4.3E + 01   1.4E + 02   1.4E + 03   1.4E + 02
30......................................   1.6E + 02   2.7E + 04   4.6E + 01   1.6E + 02   1.6E + 03   1.6E + 02
35......................................   2.0E + 02   3.3E + 04   5.8E + 01   2.0E + 02   2.0E + 03   2.0E + 02
40......................................   2.4E + 02   4.0E + 04   7.2E + 01   2.4E + 02   2.4E + 03   2.4E + 02
45......................................   3.0E + 02   5.0E + 04   9.0E + 01   3.0E + 02   3.0E + 03   3.0E + 02
50......................................   3.6E + 02   6.0E + 04   1.1E + 02   3.6E + 02   3.6E + 03   3.6E + 02
55......................................   4.6E + 02   7.6E + 04   1.4E + 02   4.6E + 02   4.6E + 03   4.6E + 02
60......................................   5.8E + 02   9.4E + 04   1.7E + 02   5.8E + 02   5.8E + 03   5.8E + 02
65......................................   6.8E + 02   1.1E + 05   2.1E + 02   6.8E + 02   6.8E + 03   6.8E + 02
70......................................   7.8E + 02   1.3E + 05   2.4E + 02   7.8E + 02   7.8E + 03   7.8E + 02
75......................................   8.6E + 02   1.4E + 05   2.6E + 02   8.6E + 02   8.6E + 03   8.6E + 02
80......................................   9.6E + 02   1.6E + 05   2.9E + 02   9.6E + 02   9.6E + 03   9.6E + 02
85......................................   1.1E + 03   1.8E + 05   3.3E + 02   1.1E + 03   1.1E + 04   1.1E + 03
90......................................   1.2E + 03   2.0E + 05   3.6E + 02   1.2E + 03   1.2E + 04   1.2E + 03
95......................................   1.4E + 03   2.3E + 05   4.0E + 02   1.4E + 03   1.4E + 04   1.4E + 03
100.....................................   1.5E + 03   2.6E + 05   4.6E + 02   1.5E + 03   1.5E + 04   1.5E + 03
105.....................................   1.7E + 03   2.8E + 05   5.0E + 02   1.7E + 03   1.7E + 04   1.7E + 03
110.....................................   1.9E + 03   3.2E + 05   5.8E + 02   1.9E + 03   1.9E + 04   1.9E + 03
115.....................................   2.1E + 03   3.6E + 05   6.4E + 02   2.1E + 03   2.1E + 04   2.1E + 03
120.....................................   2.4E + 03   4.0E + 05   7.2E + 02   2.4E + 03   2.4E + 04   2.4E + 03
----------------------------------------------------------------------------------------------------------------


           Table I-D--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Values for use in urban areas                                                Values for use in rural areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Arsenic    Cadmium    Chromium  Beryllium   Arsenic    Cadmium    Chromium  Beryllium
               Terrain adjusted eff. stack ht. (m)                  (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)     (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4...............................................................    4.6E-01  1.1E + 00    1.7E-01    8.2E-01    2.4E-01    5.8E-01    8.6E-02    4.3E-01
6...............................................................    5.4E-01  1.3E + 00    1.9E-01    9.4E-01    2.8E-01    6.6E-01    1.0E-01    5.0E-01
8...............................................................    6.0E-01  1.4E + 00    2.2E-01  1.1E + 00    3.2E-01    7.6E-01    1.1E-01    5.6E-01
10..............................................................    6.8E-01  1.6E + 00    2.4E-01  1.2E + 00    3.6E-01    8.6E-01    1.3E-01    6.4E-01
12..............................................................    7.6E-01  1.8E + 00    2.7E-01  1.4E + 00    4.3E-01  1.1E + 00    1.6E-01    7.8E-01
14..............................................................    8.6E-01  2.1E + 00    3.1E-01  1.5E + 00    5.4E-01  1.3E + 00    2.0E-01    9.6E-01
16..............................................................    9.6E-01  2.3E + 00    3.5E-01  1.7E + 00    6.8E-01  1.6E + 00    2.4E-01  1.2E + 00
18..............................................................  1.1E + 00  2.6E + 00    4.0E-01  2.0E + 00    8.2E-01  2.0E + 00    3.0E-01  1.5E + 00

[[Page 78]]

 
20..............................................................  1.2E + 00  3.0E + 00    4.4E-01  2.2E + 00  1.0E + 00  2.5E + 00    3.7E-01  1.9E + 00
22..............................................................  1.4E + 00  3.4E + 00    5.0E-01  2.5E + 00  1.3E + 00  3.2E + 00    4.8E-01  2.4E + 00
24..............................................................  1.6E + 00  3.9E + 00    5.8E-01  2.8E + 00  1.7E + 00  4.0E + 00    6.0E-01  3.0E + 00
26..............................................................  1.8E + 00  4.3E + 00    6.4E-01  3.2E + 00  2.1E + 00  5.0E + 00    7.6E-01  3.9E + 00
28..............................................................  2.0E + 00  4.8E + 00    7.2E-01  3.6E + 00  2.7E + 00  6.4E + 00    9.8E-01  5.0E + 00
30..............................................................  2.3E + 00  5.4E + 00    8.2E-01  4.0E + 00  3.5E + 00  8.2E + 00  1.2E + 00  6.2E + 00
35..............................................................  3.0E + 00  6.8E + 00  1.0E + 00  5.4E + 00  5.4E + 00  1.3E + 01  1.9E + 00  9.6E + 00
40..............................................................  3.6E + 00  9.0E + 00  1.3E + 00  6.8E + 00  8.2E + 00  2.0E + 01  3.0E + 00  1.5E + 01
45..............................................................  4.6E + 00  1.1E + 01  1.7E + 00  8.6E + 00  1.1E + 01  2.8E + 01  4.2E + 00  2.1E + 01
50..............................................................  6.0E + 00  1.4E + 01  2.2E + 00  1.1E + 01  1.5E + 01  3.7E + 01  5.4E + 00  2.8E + 01
55..............................................................  7.6E + 00  1.8E + 01  2.7E + 00  1.4E + 01  2.0E + 01  5.0E + 01  7.2E + 00  3.6E + 01
60..............................................................  9.4E + 00  2.2E + 01  3.4E + 00  1.7E + 01  2.7E + 01  6.4E + 01  9.6E + 00  4.8E + 01
65..............................................................  1.1E + 01  2.8E + 01  4.2E + 00  2.1E + 01  3.6E + 01  8.6E + 01  1.3E + 01  6.4E + 01
70..............................................................  1.3E + 01  3.1E + 01  4.6E + 00  2.4E + 01  4.3E + 01  1.0E + 02  1.5E + 01  7.6E + 01
75..............................................................  1.5E + 01  3.6E + 01  5.4E + 00  2.7E + 01  5.0E + 01  1.2E + 02  1.8E + 01  9.0E + 01
80..............................................................  1.7E + 01  4.0E + 01  6.0E + 00  3.0E + 01  6.0E + 01  1.4E + 02  2.2E + 01  1.1E + 02
85..............................................................  1.9E + 01  4.6E + 01  6.8E + 00  3.4E + 01  7.2E + 01  1.7E + 02  2.6E + 01  1.3E + 02
90..............................................................  2.2E + 01  5.0E + 01  7.8E + 00  3.9E + 01  8.6E + 01  2.0E + 02  3.0E + 01  1.5E + 02
95..............................................................  2.5E + 01  5.8E + 01  9.0E + 00  4.4E + 01  1.0E + 02  2.4E + 02  3.6E + 01  1.8E + 02
100.............................................................  2.8E + 01  6.8E + 01  1.0E + 01  5.0E + 01  1.2E + 02  2.9E + 02  4.3E + 01  2.2E + 02
105.............................................................  3.2E + 01  7.6E + 01  1.1E + 01  5.6E + 01  1.4E + 02  3.4E + 02  5.0E + 01  2.6E + 02
110.............................................................  3.6E + 01  8.6E + 01  1.3E + 01  6.4E + 01  1.7E + 02  4.0E + 02  6.0E + 01  3.0E + 02
115.............................................................  4.0E + 01  9.6E + 01  1.5E + 01  7.2E + 01  2.0E + 02  4.8E + 02  7.2E + 01  3.6E + 02
120.............................................................  4.6E + 01  1.1E + 02  1.7E + 01  8.2E + 01  2.4E + 02  5.8E + 02  8.6E + 01  4.3E + 02
--------------------------------------------------------------------------------------------------------------------------------------------------------


Table I-E--Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in
                                                 Complex Terrain
----------------------------------------------------------------------------------------------------------------
                                     Values for use in urban and rural areas
-----------------------------------------------------------------------------------------------------------------
                                                              Arsenic (g/  Cadmium (g/  Chromium (g/  Beryllium
             Terrain adjusted eff. stack ht. (m)                  hr)          hr)          hr)         (g/hr)
----------------------------------------------------------------------------------------------------------------
4...........................................................      1.1E-01      2.6E-01      4.0E-02      2.0E-01
6...........................................................      1.6E-01      3.9E-01      5.8E-02      2.9E-01
8...........................................................      2.4E-01      5.8E-01      8.6E-02      4.3E-01
10..........................................................      3.5E-01      8.2E-01      1.3E-01      6.2E-01
12..........................................................      4.3E-01    1.0E + 00      1.5E-01      7.6E-01
14..........................................................      5.0E-01    1.3E + 00      1.9E-01      9.4E-01
16..........................................................      6.0E-01    1.4E + 00      2.2E-01    1.1E + 00
18..........................................................      6.8E-01    1.6E + 00      2.4E-01    1.2E + 00
20..........................................................      7.6E-01    1.8E + 00      2.7E-01    1.3E + 00
22..........................................................      8.2E-01    1.9E + 00      3.0E-01    1.5E + 00
24..........................................................      9.0E-01    2.1E + 00      3.3E-01    1.6E + 00
26..........................................................    1.0E + 00    2.4E + 00      3.6E-01    1.8E + 00
28..........................................................    1.1E + 00    2.7E + 00      4.0E-01    2.0E + 00
30..........................................................    1.2E + 00    3.0E + 00      4.4E-01    2.2E + 00
35..........................................................    1.5E + 00    3.7E + 00      5.4E-01    2.7E + 00
40..........................................................    1.9E + 00    4.6E + 00      6.8E-01    3.4E + 00
45..........................................................    2.4E + 00    5.4E + 00      8.4E-01    4.2E + 00
50..........................................................    2.9E + 00    6.8E + 00    1.0E + 00    5.0E + 00
55..........................................................    3.5E + 00    8.4E + 00    1.3E + 00    6.4E + 00
60..........................................................    4.3E + 00    1.0E + 01    1.5E + 00    7.8E + 00
65..........................................................    5.4E + 00    1.3E + 01    1.9E + 00    9.6E + 00
70..........................................................    6.0E + 00    1.4E + 01    2.2E + 00    1.1E + 01
75..........................................................    6.8E + 00    1.6E + 01    2.4E + 00    1.2E + 01
80..........................................................    7.6E + 00    1.8E + 01    2.7E + 00    1.3E + 01
85..........................................................    8.2E + 00    2.0E + 01    3.0E + 00    1.5E + 01
90..........................................................    9.4E + 00    2.3E + 01    3.4E + 00    1.7E + 01
95..........................................................    1.0E + 01    2.5E + 01    4.0E + 00    1.9E + 01
100.........................................................    1.2E + 01    2.8E + 01    4.3E + 00    2.1E + 01
105.........................................................    1.3E + 01    3.2E + 01    4.8E + 00    2.4E + 01
110.........................................................    1.5E + 01    3.5E + 01    5.4E + 00    2.7E + 01
115.........................................................    1.7E + 01    4.0E + 01    6.0E + 00    3.0E + 01
120.........................................................    1.9E + 01    4.4E + 01    6.4E + 00    3.3E + 01
----------------------------------------------------------------------------------------------------------------


[[Page 79]]


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



  Sec. Appendix II to Part 266--Tier I Feed Rate Screening Limits for 
                             Total Chlorine

----------------------------------------------------------------------------------------------------------------
                                                       Noncomplex Terrain                     Complex Terrain
   Terrain-adjusted effective stack    -------------------------------------------------------------------------
              height (m)                      Urban (g/hr)             Rural (g/hr)               (g/hr)
----------------------------------------------------------------------------------------------------------------
4.....................................  8.2E + 01..............  4.2E + 01..............  1.9E + 01
6.....................................  9.1E + 01..............  4.8E + 01..............  2.8E + 01
8.....................................  1.0E + 02..............  5.3E + 01..............  4.1E + 01
10....................................  1.2E + 02..............  6.2E + 01..............  5.8E + 01
12....................................  1.3E + 02..............  7.7E + 01..............  7.2E + 01
14....................................  1.5E + 02..............  9.1E + 01..............  9.1E + 01
16....................................  1.7E + 02..............  1.2E + 02..............  1.1E + 02
18....................................  1.9E + 02..............  1.4E + 02..............  1.2E + 02
20....................................  2.1E + 02..............  1.8E + 02..............  1.3E + 02
22....................................  2.4E + 02..............  2.3E + 02..............  1.4E + 02
24....................................  2.7E + 02..............  2.9E + 02..............  1.6E + 02
26....................................  3.1E + 02..............  3.7E + 02..............  1.7E + 02
28....................................  3.5E + 02..............  4.7E + 02..............  1.9E + 02
30....................................  3.9E + 02..............  5.8E + 02..............  2.1E + 02
35....................................  5.3E + 02..............  9.6E + 02..............  2.6E + 02
40....................................  6.2E + 02..............  1.4E + 03..............  3.3E + 02
45....................................  8.2E + 02..............  2.0E + 03..............  4.0E + 02
50....................................  1.1E + 03..............  2.6E + 03..............  4.8E + 02
55....................................  1.3E + 03..............  3.5E + 03..............  6.2E + 02
60....................................  1.6E + 03..............  4.6E + 03..............  7.7E + 02
65....................................  2.0E + 03..............  6.2E + 03..............  9.1E + 02
70....................................  2.3E + 03..............  7.2E + 03..............  1.1E + 03
75....................................  2.5E + 03..............  8.6E + 03..............  1.2E + 03
80....................................  2.9E + 03..............  1.0E + 04..............  1.3E + 03
85....................................  3.3E + 03..............  1.2E + 04..............  1.4E + 03
90....................................  3.7E + 03..............  1.4E + 04..............  1.6E + 03
95....................................  4.2E + 03..............  1.7E + 04..............  1.8E + 03
100...................................  4.8E + 03..............  2.1E + 04..............  2.0E + 03
105...................................  5.3E + 03..............  2.4E + 04..............  2.3E + 03
110...................................  6.2E + 03..............  2.9E + 04..............  2.5E + 03
115...................................  7.2E + 03..............  3.5E + 04..............  2.8E + 03
120...................................  8.2E + 03..............  4.1E + 04..............  3.2E + 03
----------------------------------------------------------------------------------------------------------------


[56 FR 32690, July 17, 1991]



 Sec. Appendix III to Part 266--Tier II Emission Rate Screening Limits 
                 for Free Chlorine and Hydrogen Chloride

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Noncomplex terrain                                           Complex terrain
                                  ----------------------------------------------------------------------------------------------------------------------
 Terrain-adjusted effective stack          Values for urban areas                  Values for rural areas            Values for use in urban and rural
            height (m)            --------------------------------------------------------------------------------                 areas
                                                                                                                  --------------------------------------
                                       Cl2 (g/hr)          HCl (g/hr)          Cl2 (g/hr)          HCl (g/hr)          Cl2 (g/hr)          HCl (g/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4................................  8.2E + 01.........  1.4E + 03.........  4.2E + 01.........  7.3E + 02.........  1.9E + 01.........  3.3E + 02
6................................  9.1E + 01.........  1.6E + 03.........  4.8E + 01.........  8.3E + 02.........  2.8E + 01.........  4.9E + 02
8................................  1.0E + 02.........  1.8E + 03.........  5.3E + 01.........  9.2E + 02.........  4.1E + 01.........  7.1E + 02
10...............................  1.2E + 02.........  2.0E + 03.........  6.2E + 01.........  1.1E + 03.........  5.8E + 01.........  1.0E + 03
12...............................  1.3E + 02.........  2.3E + 03.........  7.7E + 01.........  1.3E + 03.........  7.2E + 01.........  1.3E + 03
14...............................  1.5E + 02.........  2.6E + 03.........  9.1E + 01.........  1.6E + 03.........  9.1E + 01.........  1.6E + 03
16...............................  1.7E + 02.........  2.9E + 03.........  1.2E + 02.........  2.0E + 03.........  1.1E + 02.........  1.8E + 03
18...............................  1.9E + 02.........  3.3E + 03.........  1.4E + 02.........  2.5E + 03.........  1.2E + 02.........  2.0E + 03
20...............................  2.1E + 02.........  3.7E + 03.........  1.8E + 02.........  3.1E + 03.........  1.3E + 02.........  2.3E + 03
22...............................  2.4E + 02.........  4.2E + 03.........  2.3E + 02.........  3.9E + 03.........  1.4E + 02.........  2.4E + 03
24...............................  2.7E + 02.........  4.8E + 03.........  2.9E + 02.........  5.0E + 03.........  1.6E + 02.........  2.8E + 03
26...............................  3.1E + 02.........  5.4E + 03.........  3.7E + 02.........  6.5E + 03.........  1.7E + 02.........  3.0E + 03
28...............................  3.5E + 02.........  6.0E + 03.........  4.7E + 02.........  8.1E + 03.........  1.9E + 02.........  3.4E + 03
30...............................  3.9E + 02.........  6.9E + 03.........  5.8E + 02.........  1.0E + 04.........  2.1E + 02.........  3.7E + 03
35...............................  5.3E + 02.........  9.2E + 03.........  9.6E + 02.........  1.7E + 04.........  2.6E + 02.........  4.6E + 03
40...............................  6.2E + 02.........  1.1E + 04.........  1.4E + 03.........  2.5E + 04.........  3.3E + 02.........  5.7E + 03
45...............................  8.2E + 02.........  1.4E + 04.........  2.0E + 03.........  3.5E + 04.........  4.0E + 02.........  7.0E + 03
50...............................  1.1E + 03.........  1.8E + 04.........  2.6E + 03.........  4.6E + 04.........  4.8E + 02.........  8.4E + 03
55...............................  1.3E + 03.........  2.3E + 04.........  3.5E + 03.........  6.1E + 04.........  6.2E + 02.........  1.1E + 04
60...............................  1.6E + 03.........  2.9E + 04.........  4.6E + 03.........  8.1E + 04.........  7.7E + 02.........  1.3E + 04

[[Page 80]]

 
65...............................  2.0E + 03.........  3.4E + 04.........  6.2E + 03.........  1.1E + 05.........  9.1E + 02.........  1.6E + 04
70...............................  2.3E + 03.........  3.9E + 04.........  7.2E + 03.........  1.3E + 05.........  1.1E + 03.........  1.8E + 04
75...............................  2.5E + 03.........  4.5E + 04.........  8.6E + 03.........  1.5E + 05.........  1.2E + 03.........  2.0E + 04
80...............................  2.9E + 03.........  5.0E + 04.........  1.0E + 04.........  1.8E + 05.........  1.3E + 03.........  2.3E + 04
85...............................  3.3E + 03.........  5.8E + 04.........  1.2E + 04.........  2.2E + 05.........  1.4E + 03.........  2.5E + 04
90...............................  3.7E + 03.........  6.6E + 04.........  1.4E + 04.........  2.5E + 05.........  1.6E + 03.........  2.9E + 04
95...............................  4.2E + 03.........  7.4E + 04.........  1.7E + 04.........  3.0E + 05.........  1.8E + 03.........  3.2E + 04
100..............................  4.8E + 03.........  8.4E + 04.........  2.1E + 04.........  3.6E + 05.........  2.0E + 03.........  3.5E + 04
105..............................  5.3E + 03.........  9.2E + 04.........  2.4E + 04.........  4.3E + 05.........  2.3E + 03.........  3.9E + 04
110..............................  6.2E + 03.........  1.1E + 05.........  2.9E + 04.........  5.1E + 05.........  2.5E + 03.........  4.5E + 04
115..............................  7.2E + 03.........  1.3E + 05.........  3.5E + 04.........  6.1E + 05.........  2.8E + 03.........  5.0E + 04
120..............................  8.2E + 03.........  1.4E + 05.........  4.1E + 04.........  7.2E + 05.........  3.2E + 03.........  5.6E + 04
--------------------------------------------------------------------------------------------------------------------------------------------------------


[56 FR 32691, July 17, 1991, as amended at 71 FR 40277, July 14, 2006]



       Sec. Appendix IV to Part 266--Reference Air Concentrations*

------------------------------------------------------------------------
                                                                RAC (ug/
                  Constituent                       CAS No.      m\3\)
------------------------------------------------------------------------
Acetaldehyde...................................       75-07-0         10
Acetonitrile...................................       75-05-8         10
Acetophenone...................................       98-86-2        100
Acrolein.......................................      107-02-8         20
Aldicarb.......................................      116-06-3          1
Aluminum Phosphide.............................    20859-73-8        0.3
Allyl Alcohol..................................      107-18-6          5
Antimony.......................................     7440-36-0        0.3
Barium.........................................     7440-39-3         50
Barium Cyanide.................................      542-62-1         50
Bromomethane...................................       74-83-9        0.8
Calcium Cyanide................................      592-01-8         30
Carbon Disulfide...............................       75-15-0        200
Chloral........................................       75-87-6          2
Chlorine (free)................................  ............        0.4
2-Chloro-1,3-butadiene.........................      126-99-8          3
Chromium III...................................    16065-83-1       1000
Copper Cyanide.................................      544-92-3          5
Cresols........................................     1319-77-3         50
Cumene.........................................       98-82-8          1
Cyanide (free).................................      57-12-15         20
Cyanogen.......................................      460-19-5         30
Cyanogen Bromide...............................      506-68-3         80
Di-n-butyl Phthalate...........................       84-74-2        100
o-Dichlorobenzene..............................       95-50-1         10
p-Dichlorobenzene..............................      106-46-7         10
Dichlorodifluoromethane........................       75-71-8        200
2,4-Dichlorophenol.............................      120-83-2          3
Diethyl Phthalate..............................       84-66-2        800
Dimethoate.....................................       60-51-5        0.8
2,4-Dinitrophenol..............................       51-28-5          2
Dinoseb........................................       88-85-7        0.9
Diphenylamine..................................      122-39-4         20
Endosulfan.....................................      115-29-1       0.05
Endrin.........................................       72-20-8        0.3
Fluorine.......................................     7782-41-4         50
Formic Acid....................................       64-18-6       2000
Glycidyaldehyde................................      765-34-4        0.3
Hexachlorocyclopentadiene......................       77-47-4          5
Hexachlorophene................................       70-30-4        0.3
Hydrocyanic Acid...............................       74-90-8         20
Hydrogen Chloride..............................     7647-01-1          7
Hydrogen Sulfide...............................     7783-06-4          3
Isobutyl Alcohol...............................       78-83-1        300
Lead...........................................     7439-92-1       0.09
Maleic Anhydride...............................      108-31-6        100
Mercury........................................     7439-97-6        0.3
Methacrylonitrile..............................      126-98-7        0.1
Methomyl.......................................    16752-77-5         20
Methoxychlor...................................       72-43-5         50
Methyl Chlorocarbonate.........................       79-22-1       1000
Methyl Ethyl Ketone............................       78-93-3         80
Methyl Parathion...............................      298-00-0        0.3
Nickel Cyanide.................................      557-19-7         20
Nitric Oxide...................................    10102-43-9        100
Nitrobenzene...................................       98-95-3        0.8
Pentachlorobenzene.............................      608-93-5        0.8
Pentachlorophenol..............................       87-86-5         30
Phenol.........................................      108-95-2         30
M-Phenylenediamine.............................      108-45-2          5
Phenylmercuric Acetate.........................       62-38-4      0.075
Phosphine......................................     7803-51-2        0.3
Phthalic Anhydride.............................       85-44-9       2000
Potassium Cyanide..............................      151-50-8         50
Potassium Silver Cyanide.......................      506-61-6        200
Pyridine.......................................      110-86-1          1
Selenious Acid.................................     7783-60-8          3
Selenourea.....................................      630-10-4          5
Silver.........................................     7440-22-4          3
Silver Cyanide.................................      506-64-9        100
Sodium Cyanide.................................      143-33-9         30
Strychnine.....................................       57-24-9        0.3
1,2,4,5-Tetrachlorobenzene.....................       95-94-3        0.3
2,3,4,6-Tetrachlorophenol......................       58-90-2         30
Tetraethyl Lead................................       78-00-2     0.0001
Tetrahydrofuran................................      109-99-9         10
Thallic Oxide..................................     1314-32-5        0.3
Thallium.......................................     7440-28-0        0.5
Thallium (I) Acetate...........................      563-68-8        0.5
Thallium (I) Carbonate.........................     6533-73-9        0.3
Thallium (I) Chloride..........................     7791-12-0        0.3
Thallium (I) Nitrate...........................    10102-45-1        0.5
Thallium Selenite..............................    12039-52-0        0.5
Thallium (I) Sulfate...........................     7446-18-6      0.075
Thiram.........................................      137-26-8          5
Toluene........................................      108-88-3        300
1,2,4-Trichlorobenzene.........................      120-82-1         20
Trichloromonofluoromethane.....................       75-69-4        300
2,4,5-Trichlorophenol..........................       95-95-4        100
Vanadium Pentoxide.............................     1314-62-1         20
Warfarin.......................................       81-81-2        0.3
Xylenes........................................     1330-20-7         80
Zinc Cyanide...................................      557-21-1         50

[[Page 81]]

 
Zinc Phosphide.................................     1314-84-7        0.3
------------------------------------------------------------------------
*The RAC for other appendix VIII part 261 constituents not listed herein
  or in appendix V of this part is 0.1 ug/m. \3\


[56 FR 7232, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 71 
FR 40277, July 14, 2006]



   Sec. Appendix V to Part 266--Risk Specific Doses (10-5)

----------------------------------------------------------------------------------------------------------------
                                                                                     Unit risk      RsD ([mu]g/
                            Constituent                                CAS No.     (m\3\/[mu]g)        m\3\)
----------------------------------------------------------------------------------------------------------------
Acrylamide.........................................................      79-06-1         1.3E-03         7.7E-03
Acrylonitrile......................................................     107-13-1         6.8E-05         1.5E-01
Aldrin.............................................................     309-00-2         4.9E-03         2.0E-03
Aniline............................................................      62-53-3         7.4E-06       1.4E + 00
Arsenic............................................................    7440-38-2         4.3E-03         2.3E-03
Benz(a)anthracene..................................................      56-55-3         8.9E-04         1.1E-02
Benzene............................................................      71-43-2         8.3E-06       1.2E + 00
Benzidine..........................................................      92-87-5         6.7E-02         1.5E-04
Benzo(a)pyrene.....................................................      50-32-8         3.3E-03         3.0E-03
Beryllium..........................................................    7440-41-7         2.4E-03         4.2E-03
Bis(2-chloroethyl)ether............................................     111-44-4         3.3E-04         3.0E-02
Bis(chloromethyl)ether.............................................     542-88-1         6.2E-02         1.6E-04
Bis(2-ethylhexyl)-phthalate........................................     117-81-7         2.4E-07       4.2E + 01
1,3-Butadiene......................................................     106-99-0         2.8E-04         3.6E-02
Cadmium............................................................    7440-43-9         1.8E-03         5.6E-03
Carbon Tetrachloride...............................................      56-23-5         1.5E-05         6.7E-01
Chlordane..........................................................      57-74-9         3.7E-04         2.7E-02
Chloroform.........................................................      67-66-3         2.3E-05         4.3E-01
Chloromethane......................................................      74-87-3         3.6E-06       2.8E + 00
Chromium VI........................................................    7440-47-3         1.2E-02         8.3E-04
DDT................................................................      50-29-3         9.7E-05         1.0E-01
Dibenz(a,h)anthracene..............................................      53-70-3         1.4E-02         7.1E-04
1,2-Dibromo-3-chloropropane........................................      96-12-8         6.3E-03         1.6E-03
1,2-Dibromoethane..................................................     106-93-4         2.2E-04         4.5E-02
1,1-Dichloroethane.................................................      75-34-3         2.6E-05         3.8E-01
1,2-Dichloroethane.................................................     107-06-2         2.6E-05         3.8E-01
1,1-Dichloroethylene...............................................      75-35-4         5.0E-05         2.0E-01
1,3-Dichloropropene................................................     542-75-6         3.5E-01         2.9E-05
Dieldrin...........................................................      60-57-1         4.6E-03         2.2E-03
Diethylstilbestrol.................................................      56-53-1         1.4E-01         7.1E-05
Dimethylnitrosamine................................................      62-75-9         1.4E-02         7.1E-04
2,4-Dinitrotoluene.................................................     121-14-2         8.8E-05         1.1E-01
1,2-Diphenylhydrazine..............................................     122-66-7         2.2E-04         4.5E-02
1,4-Dioxane........................................................     123-91-1         1.4E-06       7.1E + 00
Epichlorohydrin....................................................     106-89-8         1.2E-06       8.3E + 00
Ethylene Oxide.....................................................      75-21-8         1.0E-04         1.0E-01
Ethylene Dibromide.................................................     106-93-4         2.2E-04         4.5E-02
Formaldehyde.......................................................      50-00-0         1.3E-05         7.7E-01
Heptachlor.........................................................      76-44-8         1.3E-03         7.7E-03
Heptachlor Epoxide.................................................    1024-57-3         2.6E-03         3.8E-03
Hexachlorobenzene..................................................     118-74-1         4.9E-04         2.0E-02
Hexachlorobutadiene................................................      87-68-3         2.0E-05         5.0E-01
Alpha-hexachloro-cyclohexane.......................................     319-84-6         1.8E-03         5.6E-03
Beta-hexachloro-cyclohexane........................................     319-85-7         5.3E-04         1.9E-02
Gamma-hexachloro-cyclohexane.......................................      58-89-9         3.8E-04         2.6E-02
Hexachlorocyclo-hexane, Technical..................................  ...........         5.1E-04         2.0E-02
Hexachlorodibenzo-p-dioxin(1,2 Mixture)............................  ...........        1.3E + 0         7.7E-06
Hexachloroethane...................................................      67-72-1         4.0E-06       2.5E + 00
Hydrazine..........................................................     302-01-2         2.9E-03         3.4E-03
Hydrazine Sulfate..................................................     302-01-2         2.9E-03         3.4E-03
3-Methylcholanthrene...............................................      56-49-5         2.7E-03         3.7E-03
Methyl Hydrazine...................................................      60-34-4         3.1E-04         3.2E-02
Methylene Chloride.................................................      75-09-2         4.1E-06       2.4E + 00
4,4'-Methylene-bis-2-chloroaniline.................................     101-14-4         4.7E-05         2.1E-01
Nickel.............................................................    7440-02-0         2.4E-04         4.2E-02
Nickel Refinery Dust...............................................    7440-02-0         2.4E-04         4.2E-02
Nickel Subsulfide..................................................   12035-72-2         4.8E-04         2.1E-02
2-Nitropropane.....................................................      79-46-9         2.7E-02         3.7E-04
N-Nitroso-n-butylamine.............................................     924-16-3         1.6E-03         6.3E-03
N-Nitroso-n-methylurea.............................................     684-93-5         8.6E-02         1.2E-04

[[Page 82]]

 
N-Nitrosodiethylamine..............................................      55-18-5         4.3E-02         2.3E-04
N-Nitrosopyrrolidine...............................................     930-55-2         6.1E-04         1.6E-02
Pentachloronitrobenzene............................................      82-68-8         7.3E-05         1.4E-01
PCBs...............................................................    1336-36-3         1.2E-03         8.3E-03
Pronamide..........................................................   23950-58-5         4.6E-06       2.2E + 00
Reserpine..........................................................      50-55-5         3.0E-03         3.3E-03
2,3,7,8-Tetrachloro-dibenzo-p-dioxin...............................    1746-01-6       4.5E + 01         2.2E-07
1,1,2,2-Tetrachloroethane..........................................      79-34-5         5.8E-05         1.7E-01
Tetrachloroethylene................................................     127-18-4         4.8E-07       2.1E + 01
Thiourea...........................................................      62-56-6         5.5E-04         1.8E-02
1,1,2-Trichloroethane..............................................      79-00-5         1.6E-05         6.3E-01
Trichloroethylene..................................................      79-01-6         1.3E-06       7.7E + 00
2,4,6-Trichlorophenol..............................................      88-06-2         5.7E-06       1.8E + 00
Toxaphene..........................................................    8001-35-2         3.2E-04         3.1E-02
Vinyl Chloride.....................................................      75-01-4         7.1E-06       1.4E + 00
----------------------------------------------------------------------------------------------------------------


[56 FR 7232, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]



             Sec. Appendix VI to Part 266--Stack Plume Rise

                                  [Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Exhaust Temperature (K[deg])
             Flow rate (m\3\/s)              -----------------------------------------------------------------------------------------------------------
                                               <325   325-349  350-399  400-449  450-499  500-599  600-699  700-799  800-999  1000-1499  1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................       0        0        0        0        0        0        0        0        0         0             0
0.5-0.9.....................................       0        0        0        0        0        0        0        0        1         1             1
1.0-1.9.....................................       0        0        0        0        1        1        2        3        3         3             4
2.0-2.9.....................................       0        0        1        3        4        4        6        6        7         8             9
3.0-3.9.....................................       0        1        2        5        6        7        9       10       11        12            13
4.0-4.9.....................................       1        2        4        6        8       10       12       13       14        15            17
5.0-7.4.....................................       2        3        5        8       10       12       14       16       17        19            21
7.5-9.9.....................................       3        5        8       12       15       17       20       22       22        23            24
10.0-12.4...................................       4        6       10       15       19       21       23       24       25        26            27
12.5-14.9...................................       4        7       12       18       22       23       25       26       27        28            29
15.0-19.9...................................       5        8       13       20       23       24       26       27       28        29            31
20.0-24.9...................................       6       10       17       23       25       27       29       30       31        32            34
25.0-29.9...................................       7       12       20       25       27       29       31       32       33        35            36
30.0-34.9...................................       8       14       22       26       29       31       33       35       36        37            39
35.0-39.9...................................       9       16       23       28       30       32       35       36       37        39            41
40.0-49.9...................................      10       17       24       29       32       34       36       38       39        41            42
50.0-59.9...................................      12       21       26       31       34       36       39       41       42        44            46
60.0-69.9...................................      14       22       27       33       36       39       42       43       45        47            49
70.0-79.9...................................      16       23       29       35       38       41       44       46       47        49            51
80.0-89.9...................................      17       25       30       36       40       42       46       48       49        51            54
90.0-99.9...................................      19       26       31       38       42       44       48       50       51        53            56
100.0-119.9.................................      21       26       32       39       43       46       49       52       53        55            58
120.0-139.9.................................      22       28       35       42       46       49       52       55       56        59            61
140.0-159.9.................................      23       30       36       44       48       51       55       58       59        62            65
160.0-179.9.................................      25       31       38       46       50       54       58       60       62        65            67
180.0-199.9.................................      26       32       40       48       52       56       60       63       65        67            70
199.9............................      26       33       41       49       54       58       62       65       67        69            73
--------------------------------------------------------------------------------------------------------------------------------------------------------


[56 FR 7233, Feb. 21, 1991, as amended at 71 FR 40277, July 14, 2006]



  Sec. Appendix VII to Part 266--Health-Based Limits for Exclusion of 
                         Waste-Derived Residues*

                Metals--TCLP Extract Concentration Limits
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.            (mg/L)
------------------------------------------------------------------------
Antimony............................    7440-36-0  1xE + 00
Arsenic.............................    7440-38-2  5xE + 00
Barium..............................    7440-39-3  1xE + 02
Beryllium...........................    7440-41-7  7xE-03
Cadmium.............................    7440-43-9  1xE + 00
Chromium............................    7440-47-3  5xE + 00
Lead................................    7439-92-1  5xE + 00
Mercury.............................    7439-97-6  2xE-01
Nickel..............................    7440-02-0  7xE + 01
Selenium............................    7782-49-2  1xE + 00

[[Page 83]]

 
Silver..............................    7440-22-4  5xE + 00
Thallium............................    7440-28-0  7xE + 00
------------------------------------------------------------------------


                 Nonmetals--Residue Concentration Limits
------------------------------------------------------------------------
                                                    Concentration limits
             Constituent                CAS No.     for residues (mg/kg)
------------------------------------------------------------------------
Acetonitrile........................      75-05-8  2xE-01
Acetophenone........................      98-86-2  4xE + 00
Acrolein............................     107-02-8  5xE-01
Acrylamide..........................      79-06-1  2xE-04
Acrylonitrile.......................     107-13-1  7xE-04
Aldrin..............................     309-00-2  2xE-05
Allyl alcohol.......................     107-18-6  2xE-01
Aluminum phosphide..................   20859-73-8  1xE-02
Aniline.............................      62-53-3  6xE-02
Barium cyanide......................     542-62-1  1xE + 00
Benz(a)anthracene...................      56-55-3  1xE-04
Benzene.............................      71-43-2  5xE-03
Benzidine...........................      92-87-5  1xE-06
Bis(2-chloroethyl) ether............     111-44-4  3xE-04
Bis(chloromethyl) ether.............     542-88-1  2xE-06
Bis(2-ethylhexyl) phthalate.........     117-81-7  3xE + 01
Bromoform...........................      75-25-2  7xE-01
Calcium cyanide.....................     592-01-8  1xE-06
Carbon disulfide....................      75-15-0  4xE + 00
Carbon tetrachloride................      56-23-5  5xE-03
Chlordane...........................      57-74-9  3xE-04
Chlorobenzene.......................     108-90-7  1xE + 00
Chloroform..........................      67-66-3  6xE-02
Copper cyanide......................     544-92-3  2xE-01
Cresols (Cresylic acid).............    1319-77-3  2xE + 00
Cyanogen............................     460-19-5  1xE + 00
DDT.................................      50-29-3  1xE-03
Dibenz(a, h)-anthracene.............      53-70-3  7xE-06
1,2-Dibromo-3-chloropropane.........      96-12-8  2xE-05
p-Dichlorobenzene...................     106-46-7  7.5xE-02
Dichlorodifluoromethane.............      75-71-8  7xE + 00
1,1-Dichloroethylene................      75-35-4  5xE-03
2,4-Dichlorophenol..................     120-83-2  1xE-01
1,3-Dichloropropene.................     542-75-6  1xE-03
Dieldrin............................      60-57-1  2xE-05
Diethyl phthalate...................      84-66-2  3xE + 01
Diethylstilbesterol.................      56-53-1  7xE-07
Dimethoate..........................      60-51-5  3xE-02
2,4-Dinitrotoluene..................     121-14-2  5xE-04
Diphenylamine.......................     122-39-4  9xE-01
1,2-Diphenylhydrazine...............     122-66-7  5xE-04
Endosulfan..........................     115-29-7  2xE-03
Endrin..............................      72-20-8  2xE-04
Epichlorohydrin.....................     106-89-8  4xE-02
Ethylene dibromide..................     106-93-4  4xE-07
Ethylene oxide......................      75-21-8  3xE-04
Fluorine............................    7782-41-4  4xE + 00
Formic acid.........................      64-18-6  7xE + 01
Heptachlor..........................      76-44-8  8xE-05
Heptachlor epoxide..................    1024-57-3  4xE-05
Hexachlorobenzene...................     118-74-1  2xE-04
Hexachlorobutadiene.................      87-68-3  5xE-03
Hexachlorocyclopentadiene...........      77-47-4  2xE-01
Hexachlorodibenzo-p-dioxins.........   19408-74-3  6xE-08
Hexachloroethane....................      67-72-1  3xE-02
Hydrazine...........................     302-01-1  1xE-04
Hydrogen cyanide....................      74-90-8  7xE-05
Hydrogen sulfide....................    7783-06-4  1xE-06
Isobutyl alcohol....................      78-83-1  1xE + 01
Methomyl............................   16752-77-5  1xE + 00
Methoxychlor........................      72-43-5  1xE-01
3-Methylcholanthrene................      56-49-5  4xE-05
4,4'-Methylenebis (2-chloroaniline).     101-14-4  2xE-03
Methylene chloride..................      75-09-2  5xE-02
Methyl ethyl ketone (MEK)...........      78-93-3  2xE + 00
Methyl hydrazine....................      60-34-4  3xE-04
Methyl parathion....................     298-00-0  2xE-02
Naphthalene.........................      91-20-3  1xE + 01
Nickel cyanide......................     557-19-7  7xE-01
Nitric oxide........................   10102-43-9  4xE + 00
Nitrobenzene........................      98-95-3  2xE-02
N-Nitrosodi-n-butylamine............     924-16-3  6xE-05
N-Nitrosodiethylamine...............      55-18-5  2xE-06
N-Nitroso-N-methylurea..............     684-93-5  1xE-07
N-Nitrosopyrrolidine................     930-55-2  2xE-04
Pentachlorobenzene..................     608-93-5  3xE-02
Pentachloronitrobenzene (PCNB)......      82-68-8  1xE-01
Pentachlorophenol...................      87-86-5  1xE + 00
Phenol..............................     108-95-2  1xE + 00
Phenylmercury acetate...............      62-38-4  3xE-03
Phosphine...........................    7803-51-2  1xE-02
Polychlorinated biphenyls, N.O.S....    1336-36-3  5xE-05
Potassium cyanide...................     151-50-8  2xE + 00
Potassium silver cyanide............     506-61-6  7xE + 00
Pronamide...........................   23950-58-5  3xE + 00
Pyridine............................     110-86-1  4xE-02
Reserpine...........................      50-55-5  3xE-05
Selenourea..........................     630-10-4  2xE-01
Silver cyanide......................     506-64-9  4xE + 00
Sodium cyanide......................     143-33-9  1xE + 00
Strychnine..........................      57-24-9  1xE-02
1,2,4,5-Tetrachlorobenzene..........      95-94-3  1xE-02
1,1,2,2-tetrachloroethane...........      79-34-5  2xE-03
Tetrachloroethylene.................     127-18-4  7xE-01
2,3,4,6-Tetrachlorophenol...........      58-90-2  1xE-02
Tetraethyl lead.....................      78-00-2  4xE-06
Thiourea............................      62-56-6  2xE-04
Toluene.............................     108-88-3  1xE + 01
Toxaphene...........................    8001-35-2  5xE-03
1,1,2-Trichloroethane...............      79-00-5  6xE-03
Trichloroethylene...................      79-01-6  5xE-03
Trichloromonofluoromethane..........      75-69-4  1xE + 01
2,4,5-Trichlorophenol...............      95-95-4  4xE + 00
2,4,6-Trichlorophenol...............      88-06-2  4xE + 00
Vanadium pentoxide..................    1314-62-1  7xE-01
Vinyl chloride......................      75-01-4  2xE-03
------------------------------------------------------------------------

    * Note 1: The health-based concentration limits for appendix VIII 
part 261 constituents for which a health-based concentration is not 
provided below is 2xE-06 mg/kg.
    Note 2: The levels specified in this appendix and the default level 
of 0.002 micrograms per kilogram or the level of detection for 
constituents as identified in Note 1 of this appendix are 
administratively stayed under the condition, for those constituents 
specified in Sec. 266.112(b)(1), that the owner or operator complies 
with alternative levels defined as the land disposal restriction limits 
specified in Sec. 268.43 of this chapter for FO39 nonwastewaters. See 
Sec. 266.112(b)(2)(i).

[56 FR 7234, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 58 
FR 59603, Nov. 9, 1993]

[[Page 84]]



  Sec. Appendix VIII to Part 266--Organic Compounds for Which Residues 
                            Must Be Analyzed

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

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

[64 FR 53076, Sept. 30, 1999, as amended at 64 FR 63213, Nov. 19, 1999; 
71 FR 40277, July 14, 2006]



Sec. Appendix IX to Part 266--Methods Manual for Compliance With the BIF 
                               Regulations

       Burning Hazardous Waste in Boilers and Industrial Furnaces

                            Table of Contents

1.0 Introduction
2.0 Performance Specifications for Continuous Emission Monitoring 
          Systems
2.1 Performance Specifications for Continuous Emission Monitoring of 
          Carbon Monoxide and Oxygen for Incinerators, Boilers, and 
          industrial Furnaces Burning Hazardous Waste
2.2 Performance Specifications for Continuous Emission Monitoring of 
          Hydrocarbons for Incinerators, Boilers, and Industrial 
          Furnaces
3.0 Sampling and Analytical Methods
4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated 
          Dibenzo-P-Dioxin and Dibenzofuran Congeners
5.0 Hazardous Waste Combustion Air Quality Screening Procedure
6.0 Simplified Land Use Classification Procedure for Compliance With 
          Tier I and Tier II Limits
7.0 Statistical Methodology for Bevill Residue Determinations
8.0 Procedures for Determining Default Values for Air Pollution Control 
          System Removal Efficiencies
8.1 APCS RE Default Values for Metals
8.2 APCS RE Default Values for HC1 and C12
8.3 APCS RE Default Values for Ash
8.4 References
9.0 Procedures for Determining Default Values for Partitioning of 
          Metals, Ash, and Total Chloride/Chlorine
9.1 Partitioning Default Value for Metals
9.2 Special Procedures for Chlorine, HCl, and Cl2,
9.3 Special Procedures for Ash
9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE 
          Values
9.5 Restrictions on Use of Test Data
10.0 Alternate Methodology for Implementing Metals Controls
10.1 Applicability
10.2 Introduction
10.3 Basis
10.4 Overview
10.5 Implementation Procedures
10.6 Precompliance Procedures
Appendix A--Statistics

                        Section 1.0 Introduction

    This document presents required methods for demonstrating compliance 
with U.S. Environmental Protection Agency regulations for boilers and 
industrial furnaces (BIFs) burning hazardous waste (see 40 CFR part 266, 
subpart H). The methods included in this document are:
    1. Performance Specifications for Continuous Emission Monitoring 
(CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
    2. Procedures for Estimating the Toxicity Equivalency of Chlorinated 
Dibenzo-p-dioxin and Dibenzofuran Congeners.
    3. Hazardous Waste Combustion Air Quality Screening Procedures 
(HWCAQSP).
    4. Simplified Land Use Classification Procedure for Compliance with 
Tier I and Tier II Limits.
    5. Statistical Methodology for Bevill Residue Determinations.
    6. Procedures for Determining Default Values for Air Pollution 
Control System Removal Efficiencies.
    7. Procedures for Determining Default Values for Partitioning of 
Metals, Ash, and Total Chloride/Chlorine.
    8. Alternate Methodology for Implementing Metals Controls.
    a. Sampling and analytical methods for multiple metals, hexavalent 
chromium, HCl and chlorine, polychlorinated dibenzo-p-dioxins and 
dibenzofurans, and aldehydes and ketones can be found in ``Test Methods 
for

[[Page 85]]

Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA Publication 
SW-846). Additional methods referenced in subpart H of part 266 but not 
included in this document can be found in 40 CFR parts 60 and 61, and 
SW-846.
    b. The CEM performance specifications of section 2.0, the relevant 
sampling Methods 0011, 0023A, 0050, 0051, 0060, and 0061 of SW-846, 
incorporated by reference in Sec. 260.11, and the toxicity equivalency 
procedure for dioxins and furans of section 4.0 are required procedures 
for determining compliance with BIF regulations. For the determination 
of chloride from HCl/Cl2 emission sampling train, you must 
use appropriate methods. For the determination of carbonyl compounds by 
high-performance liquid chromatography, you must use appropriate 
methods. The CEM performance specifications are interim. The finalized 
CEM performance specifications will be published in 40 CFR parts 60 and 
61.

     Section 2.0 Performance Specifications for Continuous Emission 
                           Monitoring Systems

  2.1 Performance Specifications for Continuous Emission Monitoring of 
  Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial 
                    Furnaces Burning Hazardous Waste

                    2.1.1 Applicability and Principle

    2.1.1.1 Applicability. These performance specifications apply to 
carbon monoxide (CO) and oxygen (O2) continuous emission 
monitoring systems (CEMSs) installed on incinerators, boilers, and 
industrial furnaces burning hazardous waste. The specifications include 
procedures which are intended to be used to evaluate the acceptability 
of the CEMS at the time of its installation or whenever specified in 
regulations or permits. The procedures are not designed to evaluate CEMS 
performance over an extended period of time. The source owner or 
operator is responsible for the proper calibration, maintenance, and 
operation of the CEMS at all times.
    2.1.1.2 Principle. Installation and measurement location 
specifications, performance and equipment specifications, test and data 
reduction procedures, and brief quality assurance guidelines are 
included in the specifications. Calibration drift, relative accuracy, 
calibration error, and response time tests are conducted to determine 
conformance of the CEMS with the specifications.

                            2.1.2 Definitions

    2.1.2.1 Continuous Emission Monitoring System (CEMS). A continuous 
monitor is one in which the sample to be analyzed passes the measurement 
section of the analyzer without interruption, and which evaluates the 
detector response to the sample at least once each 15 seconds and 
computes and records the results at least every 60 seconds. A CEMS 
consists of all the equipment used to acquire data and includes the 
sample extraction and transport hardware, the analyzer(s), and the data 
recording/processing hardware and software.
    2.1.2.2 Monitoring System Types. The specifications require CEMSs 
capable of accepting calibration gases. Alternative system designs may 
be used if approved by the Regional Administrator. There are two basic 
types of monitoring systems: extractive and in-situ.
    2.1.2.2.1 Extractive. Systems that use a pump or other mechanical, 
pneumatic, or hydraulic means to draw a sample of the stack or flue gas 
and convey it to a remotely located analyzer.
    2.1.2.2.2 In-situ. Systems that perform an analysis without removing 
a sample from the stack. Point in-situ analyzers place the sensing or 
detecting element directly in the flue gas stream. Cross-stack in-situ 
analyzers measure the parameter of interest by placing a source beam on 
one side of the stack and the detector (in single-pass instruments) or a 
retroreflector (in double-pass instruments) on the other side, and 
measuring the parameter of interest (e.g., CO) by the attenuation of the 
beam by the gas in its path.
    2.1.2.3 Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.1.2.4 Span or Span Value. Full scale instrument measurement range.
    2.1.2.5 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
takes place. A CD test is performed to demonstrate the stability of the 
CEMS calibration over time.
    2.1.2.6 Response Time. The time interval between the start of a step 
change in the system input (e.g., change of calibration gas) and the 
time when the data recorder displays 95 percent of the final value.
    2.1.2.7 Accuracy. A measure of agreement between a measured value 
and an accepted or true value, expressed as the percentage difference 
between the true and measured values relative to the true value. For 
these performance specifications, accuracy is checked by conducting a 
calibration error (CE) test and a relative accuracy (RA) test. Certain 
facilities, such as those using solid waste or batch-fed processes, may 
observe long periods of almost no CO emissions with brief, high-level CO 
emission spikes. These facilities, as well as facilities whose CO 
emissions

[[Page 86]]

never exceed 5-10 ppm, may need to be exempted from the RA requirement 
because the RA test procedure cannot ensure acquisition of meaningful 
test results under these conditions. An alternative procedure for 
accuracy determination is described in section 2.1.9.
    2.1.2.8 Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.1.2.9 Relative Accuracy (RA). A comparison of the CEMS response to 
a value measured by a performance test method (PTM). The RA test is used 
to validate the calibration technique and verify the ability of the CEMS 
to provide representative and accurate measurements.
    2.1.2.10 Performance Test Method (PTM). The sampling and analysis 
procedure used to obtain reference measurements for comparison to CEMS 
measurements. The applicable test methods are Method 10, 10A, or 10B 
(for the determination of CO) and Method 3 or 3A (for the determination 
of O2). These methods are found in 40 CFR part 60, appendix 
A.
    2.1.2.11 Performance Specification Test (PST) Period. The period 
during which CD, CE, response time, and RA tests are conducted.
    2.1.2.12 Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.1.3 Installation and Measurement Location Specifications

    2.1.3.1 CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The sample location should be at least two equivalent duct 
diameters downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be checked as 
described in Section 2.1.3.3 to determine whether the location would 
cause failure of the relative accuracy test.
    2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement 
point should be within or centrally located over the centroidal area of 
the stack or duct cross section.
    2.1.3.1.2 For cross-stack CEMSs, the effective measurement path 
should (1) have at least 70 percent of the path within the inner 50 
percent of the stack or duct cross-sectional area or (2) be centrally 
located over any part of the centroidal area.
    2.1.3.1.3 Both the CO and O2 monitors should be installed 
at the same general location. If this is not possible, they may be 
installed at different locations if the effluent gases at both sample 
locations are not stratified and there is no in-leakage of air between 
sampling locations.
    2.1.3.2 Performance Test Method (PTM) Measurement Location and 
Traverse Points.
    2.1.3.2.1 Select an accessible PTM measurement point at least two 
equivalent diameters downstream from the nearest control device, the 
point of CO generation, or other point at which a change in the CO 
concentration may occur, and at least a half equivalent diameter 
upstream from the effluent exhaust or control device. When pollutant 
concentration changes are due solely to diluent leakage (e.g., air 
heater leakages) and CO and O2 are simultaneously measured at 
the same location, one half diameter may be used in place of two 
equivalent diameters. The CEMS and PTM locations need not be the same.
    2.1.3.2.2 Select traverse points that ensure acquisition of 
representative samples over the stack or duct cross section. At a 
minimum, establish a measurement line that passes through the centroidal 
area in the direction of any expected stratification. If this line 
interferes with the CEMS measurements, displace the line up to 30 cm (or 
5 percent of the equivalent diameter of the cross section, whichever is 
less) from the centroidal area. Locate three traverse points at 17, 50, 
and 83 percent of the measurement line. If the measurement line is no 
longer than 2.4 meters and pollutant stratification is not expected, the 
tester may choose to locate the three traverse points on the line at 
0.4, 1.2, and 2.0 meters from the stack or duct wall. This option must 
not be used at a site located within eight equivalent diameters 
downstream of a flow disturbance. The tester may select other traverse 
points, provided that they can be shown to the satisfaction of the 
Administrator to provide a representative sample over the stack or duct 
cross-section. Conduct all necessary PTM tests within

[[Page 87]]

3 cm of the selected traverse points. Sampling must not be performed 
within 3 cm of the duct or stack inner wall.
    2.1.3.3 Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in method 1, appendix A, 40 CFR part 
60. The monitoring system samples sequentially at the reference and 
traverse points throughout the testing period for five minutes at each 
point.

           2.1.4 CEMS Performance and Equipment Specifications

    Table 2.1-1 summarizes the performance specifications for the CEMSs. 
Two sets of standards for CO are given; one for low-range and another 
for high-range measurements. The high-range specifications relate to 
measurement and quantification of short duration high concentration 
peaks, while the low-range specifications relate to the overall average 
operating condition of the burning device. The dual-range specifications 
can be met by using (1) one analyzer for each range, (2) a dual range 
unit, or (3) a single measurement range instrument capable of meeting 
both specifications with a single unit. Adjustments cannot be made to 
the analyzer between determinations of low- and high-level accuracy 
within the single measurement range. In the second case, when the 
concentration exceeds the span of the lower range, the data acquisition 
system recorder shall switch to the high range automatically.
    2.1.4.1 CEMS Span Value. In order to measure high and low 
concentrations with the same or similar degree of accuracy, the maximum 
ranges (span values) are specified for low and high range analyzers. The 
span values are listed in Table 2.1-2. Tier I and Tier II format 
definitions are established in 40 CFR part 266, subpart H.

      Table 2.1-1--Performance Specifications of CO and O2 Monitors
------------------------------------------------------------------------
                                       CO monitors
          Parameter           -----------------------------  O2 monitors
                                 Low range     High range
------------------------------------------------------------------------
Calibration drift 24 hours...  <6 ppm \1\...  <90 ppm.....  <0.5% O2
Calibration error............  <10 ppm \1\..  <150 ppm....  <0.5% O2
Response time................  <2 min.......  <2 min......  <2 min
Relative accuracy \2\........  (\3\)........  (\3\).......  (incorporate
                                                             d in CO RA
                                                             calculation
                                                             )
------------------------------------------------------------------------
\1\ For Tier II, CD and CE are <3% and <5% or twice the permit limit,
  respectively.
\2\ Expressed as the sum of the mean absolute value plus the 95%
  confidence interval of a series of measurements.
\3\ The greater of 10% of PTM or 10 ppm.


          Table 2.1-2--CEMS Span Values for CO and O2 Monitors
------------------------------------------------------------------------
                                          CO monitors
                                 -----------------------------     O2
                                                       High     monitors
                                   Low range (ppm)    range    (percent)
                                                      (ppm)
------------------------------------------------------------------------
Tier I rolling average format...  200.............      3,000         25
Tier II rolling average format..  2 x permit limit      3,000         25
------------------------------------------------------------------------

    2.1.4.2 Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations (or calibration filters for in-
situ systems) that include zero and high-level calibration values for 
the daily calibration checks. For a single measurement range monitor, 
three CO calibration gas concentrations (or calibration filters for in-
situ systems) shall be used, i.e., the zero and high-level 
concentrations of the low-range CO analyzer and the high-level 
concentration of the high-range CO analyzer.
    2.1.4.2.1 The zero level for the CO or O2 analyzer may be 
between zero and 20 percent of the span value, e.g., 0-40 ppm for low-
range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 
percent for the O2 analyzer (for Tier I).
    2.1.4.2.2 The high-level concentration for the CO or O2 
analyzer shall be between 50 and 90 percent of the span value, i.e., 
100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-
range CO analyzer, and 12.5-22.5 percent O2 for the 
O2 analyzer.
    2.1.4.3 Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 percent of 
span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for 
high-range CO analyzer, and 0.1 percent O2 for the 
O2 analyzer.
    2.1.4.4 Response Time. The response time for the CO or O2 
monitor shall not exceed 2 minutes to achieve 95 percent of the final 
stable value.

[[Page 88]]

    2.1.4.5 Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CD must be determined 
separately for CO and O2 monitors in terms of concentration. 
The CO CEMS calibration response must not drift or deviate from the 
reference value of the calibration gas (or calibration filters for in-
situ systems) by more than 3 percent of the span value after each 24-
hour period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer 
(Tier I) and 90 ppm for the high-range analyzer, at both zero and high 
levels. The O2 monitor calibration response must not drift or 
deviate from the reference value by more than 0.5 percent O2 
at both zero and high levels.
    2.1.4.6 Relative Accuracy. The result of the RA test of the CO CEMS 
(which incorporates the O2 monitor) must be no greater than 
10 percent of the mean value of the PTM results or must be within 10 ppm 
CO of the PTM results, whichever is less restrictive. The ppm CO 
concentration shall be corrected to 7 percent O2 before 
calculating the RA.
    2.1.4.7 Calibration Error. The mean difference between the CEMS and 
reference values at all three test points (see Table 2.1-3) must be no 
greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO 
for low range Tier I CO analyzers and 150 ppm CO for high range CO 
analyzers) and 0.5 percent for O2 analyzers.
    2.1.4.8 Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.1.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate 
every minute an hourly rolling average, which is the arithmetic mean of 
the 60 most recent 1-minute average values.
    2.1.4.10 Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, the necessary corrections must be made and the 
performance tests repeated.

                           2.1.5 Test Periods

    2.1.5.1 Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.1.3, and 
prepare the CEMS for operation and calibration according to the 
manufacturer's written instructions. A pretest conditioning period 
similar to that of the 7-day CD test is recommended to verify the 
operational status of the CEMS.
    2.1.5.2 Calibration Drift Test Period. While the facility is 
operating under normal conditions, determine the CD at 24-hour intervals 
for seven consecutive days according to the procedure given in section 
2.1.6.1. All CD determinations must be made following a 24-hour period 
during which no unscheduled maintenance, repair, or adjustment takes 
place. If the combustion unit is taken out of service during the test 
period, record the onset and duration of the downtime and continue the 
calibration drift test when the unit resumes operation.
    2.1.5.3 Relative Accuracy Test Period. Conduct the RA test according 
to the procedure in section 2.1.6.4 while the facility is operating 
under normal conditions. RA testing for CO and O2 shall be 
conducted simultaneously so that the results can be calculated for CO 
corrected to 7 percent O2. The RA test shall be conducted 
during the CD test period. It is emphasized that during the CD test 
period, no adjustments or repairs may be made to the CEMS other than 
routine calibration adjustments performed immediately following the 
daily CD determination.
    2.1.5.4 Calibration Error Test and Response Time Test Periods. 
Conduct the CE and response time tests during the CD test period.

             2.1.6 Performance Specification Test Procedures

                     2.1.6.1 Calibration Drift Test.

    2.1.6.1.1 Sampling Strategy. Conduct the CD test for all monitors at 
24-hour intervals for seven consecutive days using calibration gases at 
the two (or three, if applicable) concentration levels specified in 
section 2.1.4.2. Introduce the calibration gases into the sampling 
system as close to the sampling probe outlet as practical. The gas shall 
pass through all filters, scrubbers, conditioners, and other CEMS 
components used during normal sampling. If periodic automatic or manual 
adjustments are made to the CEMS zero and calibration settings, conduct 
the CD test immediately before these adjustments, or conduct it in such 
a way that the CD can be determined. Record the CEMS response and 
subtract this value from the reference (calibration gas) value. To meet 
the specification, none of the differences shall exceed the limits 
specified in Table 2.1-1.
    2.1.6.1.2 Calculations. Summarize the results on a data sheet. An 
example is shown in Figure 2.1-1. Calculate the differences between the 
CEMS responses and the reference values.
    2.1.6.2 Response Time. Check the entire CEMS including sample 
extraction and transport, sample conditioning, gas analyses, and the 
data recording.
    2.1.6.2.1 Introduce zero gas into the system. For extractive 
systems, introduce the calibration gases at the probe as near to the 
sample location as possible. For in-situ system, introduce the zero gas 
at a point such that all components active in the analysis

[[Page 89]]

are tested. When the system output has stabilized (no change greater 
than 1 percent of full scale for 30 seconds), switch to monitor stack 
effluent and wait for a stable value. Record the time (upscale response 
time) required to reach 95 percent of the final stable value.
    2.1.6.2.2 Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.

                2.1.6.3 Calibration Error Test Procedure.

    2.1.6.3.1 Sampling Strategy. Challenge each monitor (both low- and 
high-range CO and O2) with zero gas and EPA Protocol 1 
cylinder gases at three measurement points within the ranges specified 
in Table 2.1-3.

     Table 2.1-3--Calibration Error Concentration Ranges for Tier I
------------------------------------------------------------------------
                                              GAS Concentration Ranges
                                           -----------------------------
                                                  CO, ppm
             Measurement point             --------------------
                                              Low                  O2,
                                             range  High range   percent
                                              \1\
------------------------------------------------------------------------
1.........................................   0-40   0-600        0-2
2.........................................  60-80   900-1200    8-10
3.........................................  140-16  2100-2400   14-16
                                                0
------------------------------------------------------------------------
\1\ For Tier II, the CE specifications for the low-range CO CEMS are 0-
  20%, 30-40%, and 70-80% of twice the permit limit.

  [GRAPHIC] [TIFF OMITTED] TC06NO91.005
  
              Figure 2.1-1 Calibration Drift Determination

[[Page 90]]

    2.1.6.3.1.1 If a single measurement range is used, the calibration 
gases used in the daily CD checks (if they are Protocol 1 cylinder gases 
and meet the criteria in section 2.1.6.3.1) may be used for determining 
CE.
    2.1.6.3.1.2 Operate each monitor in its normal sampling mode as 
nearly as possible. The calibration gas shall be injected into the 
sample system as close to the sampling probe outlet as practical and 
should pass through all CEMS components used during normal sampling. 
Challenge the CEMS three non-consecutive times at each measurement point 
and record the responses. The duration of each gas injection should be 
sufficient to ensure that the CEMS surfaces are conditioned.
    2.1.6.3.2 Calculations. Summarize the results on a data sheet. An 
example data sheet is shown in Figure 2.1-2. Average the differences 
between the instrument response and the certified cylinder gas value for 
each gas. Calculate three CE results (five CE results for a single-range 
CO CEMS) according to Equation 5 (section 2.1.7.5). No confidence 
coefficient is used in CE calculations.

                2.1.6.4 Relative Accuracy Test Procedure.

    2.1.6.4.1 Sampling Strategy for PTM tests. Conduct the PTM tests in 
such a way that they will yield measurements representative of the 
emissions from the source and can be correlated to the CEMS data. 
Although it is preferable to conduct the CO, diluent, and moisture (if 
needed) simultaneously, moisture measurements that are taken within a 
60-minute period which includes the simultaneous CO and O2 
measurements may be used to calculate the dry CO concentration.

    Note: At times, CEMS RA tests may be conducted during incinerator 
performance tests. In these cases, PTM results obtained during CEMS RA 
tests may be used to determine compliance with incinerator emissions 
limits as long as the source and test conditions are consistent with the 
applicable regulations.
[GRAPHIC] [TIFF OMITTED] TC06NO91.006

              Figure 2.1-2 Calibration Error Determination

[[Page 91]]

                   2.1.6.4.2 Performance Test Methods.

    2.1.6.4.2.1 Unless otherwise specified in the regulations, method 3 
or 3A and method 10, 10A, or 10B (40 CFR part 60, appendix A) are the 
test methods for O2 and CO, respectively. Make a sample 
traverse of at least 21 minutes, sampling for 7 minutes at each of three 
traverse points (see section 3.2).
    2.1.6.4.2.2 When the installed CEMS uses a nondispersive infrared 
(NDIR) analyzer, method 10 shall use the alternative interference trap 
specified in section 10.1 of the method. An option, which may be 
approved by the Administrator in certain cases, would allow the test to 
be conducted using method 10 without the interference trap. Under this 
option, a laboratory interference test is performed for the analyzer 
prior to the field test. The laboratory interference test includes the 
analysis of SO2, NO, and CO2 calibration gases 
over the range of expected effluent concentrations. Acceptable 
performance is indicated if the CO analyzer response to each of the 
gases is less than 1 percent of the applicable measurement range of the 
analyzer.
    2.1.6.4.3 Number of PTM Tests. Conduct a minimum of nine sets of all 
necessary PTM tests. If more than nine sets are conducted, a maximum of 
three sets may be rejected at the tester's discretion. The total number 
of sets used to determine the RA must be greater than or equal to nine. 
All data, including the rejected data, must be reported.
    2.1.6.4.4 Correlation of PTM and CEMS Data. The time and duration of 
each PTM test run and the CEMS response time should be considered in 
correlating the data. Use the CEMS final output (the one used for 
reporting) to determine an integrated average CO concentration for each 
PTM test run. Confirm that the pair of results are on a consistent 
moisture and O2 concentration basis. Each integrated CEMS 
value should then be compared against the corresponding average PTM 
value. If the CO concentration measured by the CEMS is normalized to a 
specified diluent concentration, the PTM results shall be normalized to 
the same value.
    2.1.6.4.5 Calculations. Summarize the results on a data sheet. 
Calculate the mean of the PTM values and calculate the arithmetic 
differences between the PTM and the CEMS data sets. The mean of the 
differences, standard deviation, confidence coefficient, and CEMS RA 
should be calculated using Equations 1 through 4.

                             2.1.7 Equations

    2.1.7.1 Arithmetic Mean (d). Calculate d of the difference of a data 
set using Equation 1.
[GRAPHIC] [TIFF OMITTED] TC06NO91.007

where:

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

    When the mean of the differences of pairs of data is calculated, 
correct the data for moisture, if applicable.
    2.1.7.2 Standard Deviation (Sd). Calculate Sd 
using Equation 2.
[GRAPHIC] [TIFF OMITTED] TC06NO91.008

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

where:

t0.975 = t-value (see Table 2.1-4).

                          Table 2.1-4--t-Values
------------------------------------------------------------------------
                                               n             n
               n \a\                  t0.975  \a\   t0.975  \a\   t0.975
------------------------------------------------------------------------
2..................................   12.706    7    2.447   12    2.201
3..................................    4.303    8    2.365   13    2.179
4..................................    3.182    9    2.306   14    2.160
5..................................    2.776   10    2.662   15    2.145
6..................................    2.571   11    2.228   16   2.131
------------------------------------------------------------------------
\a\ The values in this table are already corrected for n-1 degrees of
  freedom. Use n equal to the number of individual values.

    2.1.7.4 Relative Accuracy. Calculate the RA of a set of data using 
Equation 4.
[GRAPHIC] [TIFF OMITTED] TC06NO91.010

where:

[verbar] d[verbar] = Absolute value of the mean of the differences 
          (Equation 1).
[verbar] CC[verbar] = Absolute value of the confidence coefficient 
          (Equation 3).
PTM = Average reference value.

    2.1.7.5 Calibration Error. Calculate CE using Equation 5.
    [GRAPHIC] [TIFF OMITTED] TC06NO91.011
    
where:

d = Mean difference between CEMS response and the known reference 
          concentration.

[[Page 92]]

                             2.1.8 Reporting

    At a minimum, summarize in tabular form the results of the CD, RA, 
response time, and CE test, as appropriate. Include all data sheets, 
calculations, CEMS data records, and cylinder gas or reference material 
certifications.

                       2.1.9 Alternative Procedure

    2.1.9.1 Alternative RA Procedure Rationale. Under some operating 
conditions, it may not be possible to obtain meaningful results using 
the RA test procedure. This includes conditions where consistent, very 
low CO emissions or low CO emissions interrupted periodically by short 
duration, high level spikes are observed. It may be appropriate in these 
circumstances to waive the PTM RA test and substitute the following 
procedure.
    2.1.9.2 Alternative RA Procedure. Conduct a complete CEMS status 
check following the manufacturer's written instructions. The check 
should include operation of the light source, signal receiver, timing 
mechanism functions, data acquisition and data reduction functions, data 
recorders, mechanically operated functions (mirror movements, 
calibration gas valve operations, etc.), sample filters, sample line 
heaters, moisture traps, and other related functions of the CEMS, as 
applicable. All parts of the CEMS must be functioning properly before 
the RA requirement can be waived. The instruments must also have 
successfully passed the CE and CD requirements of the performance 
specifications. Substitution of the alternative procedure requires 
approval of the Regional Administrator.

                      2.1.10 Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.1.10.1 A daily calibration check for each monitor. The calibration 
must be adjusted if the check indicates the instrument's CD exceeds the 
specification established in section 2.1.4.5. The gases shall be 
injected as close to the probe as possible to provide a check of the 
entire sampling system. If an alternative calibration procedure is 
desired (e.g., direct injections or gas cells), subject to Administrator 
approval, the adequacy of this alternative procedure may be demonstrated 
during the initial 7-day CD test. Periodic comparisons of the two 
procedures are suggested.
    2.1.10.2 A daily system audit. The audit must include a review of 
the calibration check data, an inspection of the recording system, an 
inspection of the control panel warning lights, and an inspection of the 
sample transport and interface system (e.g., flowmeters, filters), as 
appropriate.
    2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests 
may be substituted for the CE test when approved by the Director on a 
case-by-case basis.
    2.1.10.4 An annual performance specification test.

                            2.1.11 References

    1. Jahnke, James A. and G.J. Aldina, ``Handbook: Continuous Air 
Pollution Source Monitoring Systems,'' U.S. Environmental Protection 
Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005, 
June 1979.
    2. ``Gaseous Continuous Emissions Monitoring Systems-Performance 
Specification Guidelines for SO2, NOX, 
CO2, O2, and TRS.'' U.S. Environmental Protection 
Agency OAQPS, ESED, Research Triangle Park, North Carolina 27711, EPA-
450/3-82-026, October 1982.
    3. ``Quality Assurance Handbook for Air Pollution Measurement 
Systems: Volume I. Principles.'' U.S. Environmental Protection Agency 
ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-
006, December 1984.
    4. Michie, Raymond, M. Jr., et. al., ``Performance Test Results and 
Comparative Data for Designated Reference Methods for Carbon Monoxide,'' 
U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, 
North Carolina, 27711, EPA-600/S4-83-013, September 1982.
    5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, ``Field 
Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission 
Monitors at an Oil Refinery,'' U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August 
1982.

  2.2 Performance Specifications for Continuous Emission Monitoring of 
Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning 
                             Hazardous Waste

                    2.2.1 Applicability and Principle

    2.2.1.1 Applicability. These performance specifications apply to 
hydrocarbon (HC) continuous emission monitoring systems (CEMSs) 
installed on incinerators, boilers, and industrial furnaces burning 
hazardous waste. The specifications include procedures which are 
intended to be used to evaluate the acceptability of the CEMS at the 
time of its installation or whenever specified in regulations or 
permits. The procedures are not designed to evaluate CEMS performance 
over an extended period of time. The source owner or operator is 
responsible for the proper calibration, maintenance, and operation of 
the CEMS at all times.
    2.2.1.2 Principle. A gas sample is extracted from the source through 
a heated sample line and heated filter (except as provided by section 
2.2.10) to a flame ionization

[[Page 93]]

detector (FID). Results are reported as volume concentration equivalents 
of propane. Installation and measurement location specifications, 
performance and equipment specifications, test and data reduction 
procedures, and brief quality assurance guidelines are included in the 
specifications. Calibration drift, calibration error, and response time 
tests are conducted to determine conformance of the CEMS with the 
specifications.

                            2.2.2 Definitions

    2.2.2.1 Continuous Emission Monitoring System (CEMS). The total 
equipment used to acquire data, which includes sample extraction and 
transport hardware, analyzer, data recording and processing hardware, 
and software. The system consists of the following major subsystems:
    2.2.2.1.1 Sample Interface. That portion of the system that is used 
for one or more of the following: Sample acquisition, sample 
transportation, sample conditioning, or protection of the analyzer from 
the effects of the stack effluent.
    2.2.2.1.2 Organic Analyzer. That portion of the system that senses 
organic concentration and generates an output proportional to the gas 
concentration.
    2.2.2.1.3 Data Recorder. That portion of the system that records a 
permanent record of the measurement values. The data recorder may 
include automatic data reduction capabilities.
    2.2.2.2 Instrument Measurement Range. The difference between the 
minimum and maximum concentration that can be measured by a specific 
instrument. The minimum is often stated or assumed to be zero and the 
range expressed only as the maximum.
    2.2.2.3 Span or Span Value. Full scale instrument measurement range.
    2.2.2.4 Calibration Gas. A known concentration of a gas in an 
appropriate diluent gas.
    2.2.2.5 Calibration Drift (CD). The difference in the CEMS output 
readings from the established reference value after a stated period of 
operation during which no unscheduled maintenance, repair, or adjustment 
takes place. A CD test is performed to demonstrate the stability of the 
CEMS calibration over time.
    2.2.2.6 Response Time. The time interval between the start of a step 
change in the system input (e.g., change of calibration gas) and the 
time when the data recorder displays 95 percent of the final value.
    2.2.2.7 Accuracy. A measurement of agreement between a measured 
value and an accepted or true value, expressed as the percentage 
difference between the true and measured values relative to the true 
value. For these performance specifications, accuracy is checked by 
conducting a calibration error (CE) test.
    2.2.2.8 Calibration Error (CE). The difference between the 
concentration indicated by the CEMS and the known concentration of the 
cylinder gas. A CE test procedure is performed to document the accuracy 
and linearity of the monitoring equipment over the entire measurement 
range.
    2.2.2.9 Performance Specification Test (PST) Period. The period 
during which CD, CE, and response time tests are conducted.
    2.2.2.10 Centroidal Area. A concentric area that is geometrically 
similar to the stack or duct cross section and is no greater than 1 
percent of the stack or duct cross-sectional area.

       2.2.3 Installation and Measurement Location Specifications

    2.2.3.1 CEMS Installation and Measurement Locations. The CEMS shall 
be installed in a location in which measurements representative of the 
source's emissions can be obtained. The optimum location of the sample 
interface for the CEMS is determined by a number of factors, including 
ease of access for calibration and maintenance, the degree to which 
sample conditioning will be required, the degree to which it represents 
total emissions, and the degree to which it represents the combustion 
situation in the firebox. The location should be as free from in-leakage 
influences as possible and reasonably free from severe flow 
disturbances. The sample location should be at least two equivalent duct 
diameters downstream from the nearest control device, point of pollutant 
generation, or other point at which a change in the pollutant 
concentration or emission rate occurs and at least 0.5 diameter upstream 
from the exhaust or control device. The equivalent duct diameter is 
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If 
these criteria are not achievable or if the location is otherwise less 
than optimum, the possibility of stratification should be investigated 
as described in section 2.2.3.2. The measurement point shall be within 
the centroidal area of the stack or duct cross section.
    2.2.3.2 Stratification Test Procedure. Stratification is defined as 
a difference in excess of 10 percent between the average concentration 
in the duct or stack and the concentration at any point more than 1.0 
meter from the duct or stack wall. To determine whether effluent 
stratification exists, a dual probe system should be used to determine 
the average effluent concentration while measurements at each traverse 
point are being made. One probe, located at the stack or duct centroid, 
is used as a stationary reference point to indicate the change in 
effluent concentration over time. The second probe is used for sampling 
at the traverse points specified in 40 CFR part 60 appendix A, method 1. 
The monitoring system samples sequentially at the reference and traverse

[[Page 94]]

points throughout the testing period for five minutes at each point.

           2.2.4 CEMS Performance and Equipment Specifications

    If this method is applied in highly explosive areas, caution and 
care shall be exercised in choice of equipment and installation.
    2.2.4.1 Flame Ionization Detector (FID) Analyzer. A heated FID 
analyzer capable of meeting or exceeding the requirements of these 
specifications. Heated systems shall maintain the temperature of the 
sample gas between 150 [deg]C (300 [deg]F) and 175 [deg]C (350 [deg]F) 
throughout the system. This requires all system components such as the 
probe, calibration valve, filter, sample lines, pump, and the FID to be 
kept heated at all times such that no moisture is condensed out of the 
system.

    Note: As specified in the regulations, unheated HC CEMs may be 
considered an acceptable interim alternative monitoring technique. For 
additional notes, see section 2.2.10. The essential components of the 
measurement system are described below:

    2.2.4.1.1 Sample Probe. Stainless steel, or equivalent, to collect a 
gas sample from the centroidal area of the stack cross-section.
    2.2.4.1.2 Sample Line. Stainless steel or Teflon tubing to transport 
the sample to the analyzer.

    Note: Mention of trade names or specific products does not 
constitute endorsement by the Environmental Protection Agency.

    2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve 
assembly to direct the zero and calibration gases to the analyzer is 
recommended. Other methods, such as quick-connect lines, to route 
calibration gas to the analyzers are applicable.
    2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered 
stainless steel filter is recommended if exhaust gas particulate loading 
is significant. An out-of-stack filter must be heated.
    2.2.4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40 
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent 
nitrogen gas mixtures, or pure hydrogen) should be used.
    2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per 
million by volume (ppm) HC as methane or carbon equivalent or less than 
0.1 percent of the span value, whichever is greater.
    2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane 
gas (in air or nitrogen). Preparation of the calibration gases should be 
done according to the procedures in EPA Protocol 1. In addition, the 
manufacturer of the cylinder gas should provide a recommended shelf life 
for each calibration gas cylinder over which the concentration does not 
change by more than 2 percent from the certified 
value.
    2.2.4.2 CEMS Span Value. 100 ppm propane.
    2.2.4.3 Daily Calibration Gas Values. The owner or operator must 
choose calibration gas concentrations that include zero and high-level 
calibration values.
    2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20 
percent of the span value).
    2.2.4.3.2 The high-level concentration shall be between 50 and 90 
ppm (50 and 90 percent of the span value).
    2.2.4.4 Data Recorder Scale. The strip chart recorder, computer, or 
digital recorder must be capable of recording all readings within the 
CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 
percent of span value).
    2.2.4.5 Response Time. The response time for the CEMS must not 
exceed 2 minutes to achieve 95 percent of the final stable value.
    2.2.4.6 Calibration Drift. The CEMS must allow the determination of 
CD at the zero and high-level values. The CEMS calibration response must 
not differ by more than 3 ppm (3 percent of the span value) after each 24-hour period 
of the 7-day test at both zero and high levels.
    2.2.4.7 Calibration Error. The mean difference between the CEMS and 
reference values at all three test points listed below shall be no 
greater than 5 ppm (5 percent of the span value).
    2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span 
value).
    2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
    2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).
    2.2.4.8 Measurement and Recording Frequency. The sample to be 
analyzed shall pass through the measurement section of the analyzer 
without interruption. The detector shall measure the sample 
concentration at least once every 15 seconds. An average emission rate 
shall be computed and recorded at least once every 60 seconds.
    2.2.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate 
every minute an hourly rolling average, which is the arithmetic mean of 
the 60 most recent 1-minute average values.
    2.2.4.10 Retest. If the CEMS produces results within the specified 
criteria, the test is successful. If the CEMS does not meet one or more 
of the criteria, necessary corrections must be made and the performance 
tests repeated.

           2.2.5 Performance Specification Test (PST) Periods

    2.2.5.1 Pretest Preparation Period. Install the CEMS, prepare the 
PTM test site according to the specifications in section 2.2.3, and

[[Page 95]]

prepare the CEMS for operation and calibration according to the 
manufacturer's written instructions. A pretest conditioning period 
similar to that of the 7-day CD test is recommended to verify the 
operational status of the CEMS.
    2.2.5.2 Calibration Drift Test Period. While the facility is 
operating under normal conditions, determine the magnitude of the CD at 
24-hour intervals for seven consecutive days according to the procedure 
given in section 2.2.6.1. All CD determinations must be made following a 
24-hour period during which no unscheduled maintenance, repair, or 
adjustment takes place. If the combustion unit is taken out of service 
during the test period, record the onset and duration of the downtime 
and continue the CD test when the unit resumes operation.
    2.2.5.3 Calibration Error Test and Response Time Test Periods. 
Conduct the CE and response time tests during the CD test period.

             2.2.6 Performance Specification Test Procedures

                     2.2.6.1 Calibration Drift Test.

    2.2.6.1.1 Sampling Strategy. Conduct the CD test at 24-hour 
intervals for seven consecutive days using calibration gases at the two 
daily concentration levels specified in section 2.2.4.3. Introduce the 
two calibration gases into the sampling system as close to the sampling 
probe outlet as practical. The gas shall pass through all CEM components 
used during normal sampling. If periodic automatic or manual adjustments 
are made to the CEMS zero and calibration settings, conduct the CD test 
immediately before these adjustments, or conduct it in such a way that 
the CD can be determined. Record the CEMS response and subtract this 
value from the reference (calibration gas) value. To meet the 
specification, none of the differences shall exceed 3 ppm.
    2.2.6.1.2 Calculations. Summarize the results on a data sheet. An 
example is shown in Figure 2.2-1. Calculate the differences between the 
CEMS responses and the reference values.
    2.2.6.2 Response Time. The entire system including sample extraction 
and transport, sample conditioning, gas analyses, and the data recording 
is checked with this procedure.
    2.2.6.2.1 Introduce the calibration gases at the probe as near to 
the sample location as possible. Introduce the zero gas into the system. 
When the system output has stabilized (no change greater than 1 percent 
of full scale for 30 sec), switch to monitor stack effluent and wait for 
a stable value. Record the time (upscale response time) required to 
reach 95 percent of the final stable value.
    2.2.6.2.2 Next, introduce a high-level calibration gas and repeat 
the above procedure. Repeat the entire procedure three times and 
determine the mean upscale and downscale response times. The longer of 
the two means is the system response time.

                2.2.6.3 Calibration Error Test Procedure.

    2.2.6.3.1 Sampling Strategy. Challenge the CEMS with zero gas and 
EPA Protocol 1 cylinder gases at measurement points within the ranges 
specified in section 2.2.4.7.
    2.2.6.3.1.1 The daily calibration gases, if Protocol 1, may be used 
for this test.

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                      2.2.9 Quality Assurance (QA)

    Proper calibration, maintenance, and operation of the CEMS is the 
responsibility of the owner or operator. The owner or operator must 
establish a QA program to evaluate and monitor CEMS performance. As a 
minimum, the QA program must include:
    2.2.9.1 A daily calibration check for each monitor. The calibration 
must be adjusted if the check indicates the instrument's CD exceeds 3 
ppm. The gases shall be injected as close to the probe as possible to 
provide a check of the entire sampling system. If an alternative 
calibration procedure is desired (e.g., direct injections or gas cells), 
subject to Administrator approval, the adequacy of this alternative 
procedure may be demonstrated during the initial 7-day CD test. Periodic 
comparisons of the two procedures are suggested.
    2.2.9.2 A daily system audit. The audit must include a review of the 
calibration

[[Page 99]]

check data, an inspection of the recording system, an inspection of the 
control panel warning lights, and an inspection of the sample transport 
and interface system (e.g., flowmeters, filters), as appropriate.
    2.2.9.3 A quarterly CE test. Quarterly RA tests may be substituted 
for the CE test when approved by the Director on a case-by-case basis.
    2.2.9.4 An annual performance specification test.

                2.2.10 Alternative Measurement Technique

    The regulations allow gas conditioning systems to be used in 
conjunction with unheated HC CEMs during an interim period. This gas 
conditioning may include cooling to not less than 40 [deg]F and the use 
of condensate traps to reduce the moisture content of sample gas 
entering the FID to less than 2 percent. The gas conditioning system, 
however, must not allow the sample gas to bubble through the condensate 
as this would remove water soluble organic compounds. All components 
upstream of the conditioning system should be heated as described in 
section 2.2.4 to minimize operating and maintenance problems.

                            2.2.11 References

    1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina, 
27711, EPA-450/2-78-041, June 1978.
    2. Traceability Protocol for Establishing True Concentrations of 
Gases Used for Calibration and Audits of Continuous Source Emission 
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
    3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. 
Environmental Protection Agency, OAQPS, Research Triangle Park, North 
Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.

               Section 3.0 Sampling and Analytical Methods

    Note: The sampling and analytical methods to the BIF manual are 
published in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846.

    Section 4.0 Procedure for Estimating the Toxicity Equivalence of 
         Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners

    PCDDs and PCDFs must be determined using whichever is the most 
recent version between of SW-846 Method 0023A (incorporated by 
reference, in Sec. 260.11) as identified, or OAQPS Method 23 of 
appendix A to part 60. In this method, individual congeners or 
homologues \1\ are measured and then summed to yield a total PCDD/PCDF 
value. No toxicity factors are specified in the method to compute risks 
from such emissions.
---------------------------------------------------------------------------

    \1\ The term ``congener'' refers to any one particular member of the 
same chemical family; e.g., there are 75 congeners of chlorinated 
dibenzo-p-dioxins. The term ``homologue'' refers to a group of 
structurally related chemicals that have the same degree of 
chlorination. For example, there are eight homologues of CDs, 
monochlorinated through octachlorinated. Dibenzo-p-dioxins and 
dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are 
denoted as ``2378'' congeners, except when 2,3,7,8-TCDD is uniquely 
referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred 
to as ``2378-PeCDFs.''
---------------------------------------------------------------------------

    For the purpose of estimating risks posed by emissions from boilers 
and industrial furnaces, however, specific congeners and homologues must 
be measured using the specified method and then multiplied by the 
assigned toxicity equivalence factors (TEFs), using procedures described 
in ``Interim Procedures for Estimating Risks Associated with Exposures 
to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and 
CDFs) and 1989 Update,'' EPA/625/3-89/016, March 1989. The resulting 
2,3,7,8-TCDD equivalents value is used in the subsequent risk 
calculations and modeling efforts as discussed in the BIF final rule.
    The procedure for calculating the 2,3,7,8-TCDD equivalent is as 
follows:
    1. Using method 23, determine the concentrations of 2,7,3,8-
congeners of various PCDDs and PCDFs in the sample.
    2. Multiply the congener concentrations in the sample by the TEF 
listed in Table 4.0-1 to express the congener concentrations in terms of 
2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7, 
and 8 positions have a zero toxicity factor in this table.
    3. Add the products obtained in step 2, to obtain the total 2,3,7,8-
TCDD equivalent in the sample.
    Sample calculations are provided in EPA document No. EPA/625/3-89/
016, March 1989, which can be obtained from the EPA, ORD Publications 
Office, Cincinnati, Ohio (Phone no. 513-569-7562).

    Table 4.0-1--2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs) \1\
------------------------------------------------------------------------
                          Compound                            I-TEFs, 89
------------------------------------------------------------------------
Mono-, Di-, and TriCDDs.....................................       0
2,3,7,8-TCDD................................................       1
  Other TCDDs...............................................       0
2,3,7,8-PeCDD...............................................       0.5
  Other PeCDDs..............................................       0
2,3,7,8-HxCDD...............................................       0.1
  Other HxCDDs..............................................       0

[[Page 100]]

 
2,3,7,8-HpCDD...............................................       0.01
  Other HpCDDs..............................................       0
OCDD........................................................       0.001
Mono-, Di-, and TriCDFs.....................................       0
2,3,7,8-TCDF................................................       0.1
  Other TCDFs...............................................       0
1,2,3,7,8-PeCDF.............................................       0.05
2,3,4,7,8-PeCDF.............................................       0.5
  Other PeCDFs..............................................       0
2378-HxCDFs.................................................       0.1
  Other HxCDFs..............................................       0
2378-HpCDFs.................................................       0.01
  Other HpCDFs..............................................       0
OCDF........................................................       0.001 
------------------------------------------------------------------------
Reference: Adapted from NATO/CCMS, 1988a.
\1\ Interim Procedures for Estimating Risks Associated with Exposures to
  Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and
  CDFs) 1989 Update EPA/625/3-89/016, March 1989.

 Section 5.0 Hazardous Waste Combustion Air Quality Screening Procedure

    The HWCAQSP is a combined calculation/reference table approach for 
conservatively estimating short-term and annual average facility impacts 
for stack emissions. The procedure is based on extensive short-term 
modeling of 11 generic source types and on a set of adjustment factors 
for estimating annual average concentrations from short-term 
concentrations. Facility impacts may be determined based on the selected 
worst-case stack or on multiple stacks, in which the impacts from each 
stack are estimated separately and then added to produce the total 
facility impact.
    This procedure is most useful for facilities with multiple stacks, 
large source-to-property boundary distances, and complex terrain between 
1 and 5 km from the facility. To ensure a sufficient degree of 
conservatism, the HWCAQSP may not be used if any of the five screening 
procedure limitations listed below are true:
     The facility is located in a narrow valley less 
than 1 km wide;
     The facility has a stack taller than 20 m and is 
located such that the terrain rises to the stack height within 1 km of 
the facility;
     The facility has a stack taller than 20 m and is 
located within 5 km of the shoreline of a large body of water;
     The facility property line is within 200 m of the 
stack and the physical stack height is less than 10 m; or
     On-site receptors are of concern, and stack 
height is less than 10 m.
    If any of these criteria are met or the Director determines that 
this procedure is not appropriate, then detailed site-specific modeling 
or modeling using the ``Screening Procedures for Estimating the Air 
Quality Impact of Stationary Sources,'' EPA-450/4-88-010, Office of Air 
Quality Planning and Standards, August 1988, is required. Detailed site-
specific dispersion modeling must conform to the EPA ``Guidance on Air 
Quality Models (Revised)'', EPA 450/2-78-027R, Office of Air Quality 
Planning and Standards, Research Triangle Park, North Carolina, July 
1986. This document provides guidance on both the proper selection and 
regulatory application of air quality models.

                              Introduction

    The Hazardous Waste Combustion Air Quality Screening Procedure 
(HWCAQSP) (also referred to hereafter as ``the screening procedure'' or 
``the procedure'') provides a quick, easy method for estimating maximum 
(hourly) and annual average ambient air impacts associated with the 
combustion of hazardous waste. The methodology is conservative in nature 
and estimates dispersion coefficients \1\ based on facility-specific 
information.
---------------------------------------------------------------------------

    \1\ The term dispersion coefficient refers to the change in ambient 
air concentration ([micro]g/m\3\) resulting from a source with an 
emission rate of 1 g/sec.
---------------------------------------------------------------------------

    The screening procedure can be used to determine emissions limits at 
sites where the nearest meteorological (STAR) station is not 
representative of the meteorology at the site. If the screen shows that 
emissions from the site are adequately protective, then the need to 
collect site-specific meteorological data can be eliminated.
    The screening procedure is generally most helpful for facilities 
meeting one or more of the following conditions:
     Multiple stacks with substantially different 
release specifications (e.g., stack heights differ by 50 
percent, exit temperatures differ by 50 [deg]K, or the exit 
flow rates differ by more than a factor of 2),
     Terrain located between 1 km and 5 km from the 
site increases in elevation by more than the physical height of the 
shortest stack (i.e., the facility is located in complex terrain), or
     Significant distance between the facility's 
stacks and the site boundary [guidance on determining whether a distance 
is ``significant'' is provided in Step 6(B) of the procedure].
    Steps 1 through 9 of the screening procedure present a simplified 
method for determining emissions based on the use of the ``worst-case'' 
stack. If the simplified method shows that desired feed rates result in 
emissions that exceed allowable limits for one or more pollutants, a 
refined analysis to examine the emissions from each stack can be 
conducted. This multiple-stack method is presented in Step 10.
    The steps involved in screening methodology are as follows:

Step 1. Define Source Characteristics

[[Page 101]]

Step 2. Determine the Applicability of the Screening Procedure
Step 3. Select the Worst-Case Stack
Step 4. Verify Good Engineering Practice (GEP) Criteria
Step 5. Determine the Effective Stack Height and Terrain-Adjusted 
Effective Stack Height
Step 6. Classify the Site as Urban or Rural
Step 7. Determine Maximum Dispersion Coefficients
Step 8. Estimate Maximum Ambient Air Concentrations
Step 9. Determine Compliance With Regulatory Limits
---------------------------------------------------------------------------

    \2\ Worksheet space is provided for three stacks. If the facility 
has additional stacks, copy the form and revise stack identification 
numbers for 4, 5, etc.
---------------------------------------------------------------------------

Step 10. Multiple Stack Method

                  Step 1: Define Source Characteristics

    Provide the following source data: \2\

------------------------------------------------------------------------
                                       Stack No.   Stack No.   Stack No.
             Stack Data:                   1           2           3
------------------------------------------------------------------------
Physical stack height (m)...........   ________    ________    ________
Exhaust temperature ([deg]K)........   ________    ________    ________
Flow rate (m\3\/sec)................   ________    ________    ________
------------------------------------------------------------------------

                       Nearby Building Dimensions

    Consider all buildings within five building heights or five maximum 
projected widths of the stack(s). For the building with the greatest 
height, fill in the spaces below.
Building Height (m)_____________________________________________________
Maximum projected building width (m)____________________________________

                           Nearby Terrain Data

    Determine maximum terrain rise for the following three distance 
ranges from the facility (not required if the highest stack is less than 
10 m in height):

      ________(m)              ________(m)              ________(m)
        0-0.5 km                 0-2.5 km                 0-5 km
 

Distance from facility to nearest shoreline (km)________________________
Valley width (km)_______________________________________________________

     Step 2: Determine the Applicability of the Screening Procedure

    Fill in the following data:

Is the facility in a valley  If the physical height of the worst-case stack 
exceeds the maximum GEP, then use the maximum GEP stack height for the 
subsequent steps of this analysis;
     If the physical height of the worst-case stack is 
less than the minimum GEP, then use generic source number 11 as the 
selected source for further analysis and proceed directly to Step 6;
     If the physical height of the worst-case stack is 
between the minimum and maximum GEP, then use the actual physical stack 
height for the subsequent steps of this analysis.

 Step 5: Determine the Effective Stack Height and the Terrain-Adjusted 
                     Effective Stack Height (TAESH)

    The effective stack height is an important factor in dispersion 
modeling. The effective stack height is the physical height of the stack 
plus plume rise. As specified in Step 4, the stack height used to 
estimate the effective stack height must not exceed GEP requirements. 
Plume rise is a function of the stack exit gas temperature and flow 
rate.
    In this analysis, the effective stack height is used to select the 
generic source that represents the dispersion characteristics of the 
facility. For facilities located in flat terrain and for all facilities 
with worst-case stacks less than or equal to 10 meters in height, 
generic source numbers are selected strictly on the basis of effective 
stack height. In all other cases, the effective stack height is further 
adjusted to take into account the terrain rise near the facility. This 
``terrain-adjusted effective stack height'' (TAESH) is then used to 
select the generic source number that represents the dispersion 
characteristics of the facility. Follow the steps below to identify the 
effective stack height, the TAESH (where applicable), and the 
corresponding generic source number.
    (A) Go to Table 5.0-1 and find the plume rise value corresponding to 
the stack temperature and exit flow rate for the worst-case stack 
determined in Step 3.
Plume rise=________(m)
    (B) Add the plume rise to the GEP stack height of the worst-case 
stack determined in Steps 3 and 4.

           ________             +      ________       =      ________
 

    (C) Go to the first column of Table 5.0-2 and identify the range of 
effective stack heights that includes the effective stack height 
estimated in Step 5(B). Record the generic source number that 
corresponds to this range.
Generic source number=__________
    (D) If the source is located in flat terrain \3\, or if the generic 
source number identified in Step 5(C) above is 1 or 11 (regardless of 
terrain classification), use the generic source number determined in 
Step 5(C) and proceed directly to Step 6. Otherwise, continue to Step 
5(E).
---------------------------------------------------------------------------

    \3\ The terrain is considered flat and terrain adjustment factors 
are not used if the maximum terrain rise within 5 km of the facility 
(see Step 1) is less than 10 percent of the physical stack height of the 
worst-case stack.
---------------------------------------------------------------------------

    (E) For those situations where the conditions in Step 5(D) do not 
apply, the effective stack height must be adjusted for terrain. The 
TAESH for each distance range is computed by subtracting the terrain 
rise within

[[Page 103]]

the distance range from the effective stack height. \4\
---------------------------------------------------------------------------

    \4\ Refer to Step 1 for terrain adjustment data. Note that the 
distance from the source to the outer radii of each range is used. For 
example, for the range 0.5-2.5 km, the maximum terrain rise 
in the range 0.0-2.5 km is used.

                             Table 5.0-1--Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Exhaust Temperature ([deg]K)
---------------------------------------------------------------------------------------------------------------------------------------------------------
             Flow rate (m\3\/s)                <325   325-349  350-399  400-449  450-499  500-599  600-699  700-799  800-999  1000-1499  1499
--------------------------------------------------------------------------------------------------------------------------------------------------------
<0.5........................................       0        0        0        0        0        0        0        0        0         0             0
0.5-0.9.....................................       0        0        0        0        0        0        0        0        1         1             1
1.0-1.9.....................................       0        0        0        0        1        1        2        3        3         3             4
2.0-2.9.....................................       0        0        1        3        4        4        6        6        7         8             9
3.0-3.9.....................................       0        1        2        5        6        7        9       10       11        12            13
4.0-4.9.....................................       1        2        4        6        8       10       12       13       14        15            17
5.0-7.4.....................................       2        3        5        8       10       12       14       16       17        19            21
7.5-9.9.....................................       3        5        8       12       15       17       20       22       22        23            24
10.0-12.4...................................       4        6       10       15       19       21       23       24       25        26            27
12.5-14.9...................................       4        7       12       18       22       23       25       26       27        28            29
15.0-19.9...................................       5        8       13       20       23       24       26       27       28        29            31
20.0-24.9...................................       6       10       17       23       25       27       29       30       31        32            34
25.0-29.9...................................       7       12       20       25       27       29       31       32       33        35            36
30.0-34.9...................................       8       14       22       26       29       31       33       35       36        37            39
35.0-39.9...................................       9       16       23       28       30       32       35       36       37        39            41
40.0-49.9...................................      10       17       24       29       32       34       36       38       39        41            42
50.0-59.9...................................      12       21       26       31       34       36       39       41       42        44            46
60.0-69.9...................................      14       22       27       33       36       39       42       43       45        47            49
70.0-79.9...................................      16       23       29       35       38       41       44       46       47        49            51
80.0-89.9...................................      17       25       30       36       40       42       46       48       49        51            54
90.0-99.9...................................      19       26       31       38       42       44       48       50       51        53            56
100.0-119.9.................................      21       26       32       39       43       46       49       52       53        55            58
120.0-139.9.................................      22       28       35       42       46       49       52       55       56        59            61
140.0-159.9.................................      23       30       36       44       48       51       55       58       59        62            65
160.0-179.9.................................      25       31       38       46       50       54       58       60       62        65            67
180.0-199.9.................................      26       32       40       48       52       56       60       63       65        67            70
199.9............................      26       33       41       49       54       58       62       65       67        69            73
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 5.0-2--Selection of Generic Source Number
------------------------------------------------------------------------
                                                               Generic
                 Effective stack height (m)                   source No.
------------------------------------------------------------------------
<10.0......................................................            1
10.0-14.9..................................................            2
15.0-19.9..................................................            3
20.0-24.9..................................................            4
25.0-30.9..................................................            5
31.0-41.9..................................................            6
42.0-52.9..................................................            7
53.0-64.9..................................................            8
65.0-122.9.................................................            9
113.0 +....................................................           10
Downwash...................................................           11
------------------------------------------------------------------------


              Table 5.0-3--Classification of Land Use Types
------------------------------------------------------------------------
                                              Urban or rural designation
     Type \1\             Description                     \2\
------------------------------------------------------------------------
I1                 Heavy Industrial.........  Urban
I2                 Light/Moderate Industrial  Urban
Cl                 Commercial...............  Urban
R1                 Common Residential         Rural
                    (Normal Easements).
R2                 Compact Residential        Urban
                    (Single Family).
R3                 Compact Residential        Rural
                    (Multi-Family).
R4                 Estate Residential (Multi- Rural
                    Acre Plots).
A1                 Metropolitan Natural.....  Rural
A2                 Agricultural.............  Rural
A3                 Undeveloped (Grasses/      Rural
                    Weeds).
A4                 Undeveloped (Heavily       Rural
                    Wooded).
A5                 Water Surfaces...........  Rural
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
  meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
  643, 1978.


[[Page 104]]


----------------------------------------------------------------------------------------------------------------
                                       Effective stack--
        Distance range (km)          height (m) [see step    -  Maximum terrain--rise   =         TAESH(m)
                                             5(B)]                 (m) (see step 1)
----------------------------------------------------------------------------------------------------------------
0.0-0.5...........................         ________          -         ________         =         ________
0.5-2.5................         ________          -         ________         =         ________
2.5-5.0................         ________          -         ________         =         ________
----------------------------------------------------------------------------------------------------------------

    If the terrain rise for any of the distance ranges is greater than 
the effective stack height, set the TAESH equal to zero and use generic 
source number 1 for that distance range.
    Record the generic source numbers from Table 5.0-2 based on each of 
the TAESH values.

------------------------------------------------------------------------
                                            Generic source No. (after
          Distance range (km)                  terrain adjustment)
------------------------------------------------------------------------
0.0-0.5................................            ____________
0.5-2.5.....................            ____________
2.5-5.0.....................            ____________
------------------------------------------------------------------------

               Step 6: Classify the Site as Urban or Rural

    (A) Classify the land use near the facility as either urban or rural 
by determining the percentage of urban land use types (as defined in 
Table 3; for further guidance see the footnoted references) that fall 
within 3 km of the facility. \5\
---------------------------------------------------------------------------

    \5\ The delineation of urban and rural areas can be difficult for 
the residential-type areas listed in Table 5.0-3. The degree of 
resolution in Table 5.0-3 for residential areas often cannot be 
identified without conducting site area inspections. This process can 
require extensive analysis, which, for many applications, can be greatly 
streamlined without sacrificing confidence in selecting the appropriate 
urban or rural classification. The fundamental simplifying assumption is 
based on the premise that many applications will have clear-cut urban/
rural designations, i.e., most will be in rural settings that can be 
definitively characterized through a review of aerial photographs, 
zoning maps, or U.S. Geological Survey topographical maps.

Method Used to Estimate Percent      Visual             Planimeter
 Urban Land Use:
                                     ______             ______
Estimated Percentages..............  Urban              Rural
                                     ______             ______
 

    If the urban land use percentage is less than or equal to 30 percent 
based on a visual estimate, or 50 percent based on a planimeter, the 
local land use is considered rural. Otherwise, the local land use is 
considered urban.

Classification.....................  Urban              Rural
(check applicable space)...........  ______             ______
 

    (B) Based on the TAESH and the urban/rural classification of 
surrounding land use, use the following table to determine the threshold 
distance between any stack and the nearest facility boundary.

------------------------------------------------------------------------
                                                           Distance (m)
    Terrain adjusted effective stack height range (m)    ---------------
                                                           Urban   Rural
------------------------------------------------------------------------
1-9.9...................................................     200     200
10-14.9.................................................     200     250
15-19.9.................................................     200     250
20-24.9.................................................     200     350
25-30.9.................................................     200     450
31-41.9.................................................     200     550
42-52.9.................................................     250     800
53-64.9.................................................     300    1000
65-112.9................................................     400    1200
113 +...................................................     700    2500
------------------------------------------------------------------------

    Record the following information:
Threshold distance from the table
(m): ____
Minimum distance from any stack to property boundary (m): ____

    If the minimum distance between any stack and the nearest facility 
boundary is greater than the threshold distance, the surrounding buffer 
distance is considered significant and the facility is likely to benefit 
from use of the HWCAQSP relative to the Tier I and II limits (see 
discussion of benefits from using HWCAQSP in Introduction section).

            Step 7: Determine Maximum Dispersion Coefficients

    (A) Determine maximum average hourly dispersion coefficients. Based 
on the results of Step 6(A), select either Table 5.0-4 (urban) or Table 
5.0-5 (rural) to determine the maximum average hourly dispersion 
coefficient. \6\ For flat terrain [defined in Step 5(D)] and for all 
sites with generic source numbers 1 or 11,

[[Page 105]]

use Step 7(A) (1). For rolling or complex terrain (excluding generic 
sources numbers 1 and 11), use Step 7(A) (2).
---------------------------------------------------------------------------

    \6\ For the distance range 6 to 20 kilometers, generic source number 
1 is used to conservatively represent the maximum dispersion 
coefficient.
---------------------------------------------------------------------------

    (1) Search down the appropriate generic source number column [based 
on Step 5(C)], beginning at the minimum fenceline distance listed in 
Step 6(B). \7\ Record the maximum average hourly dispersion coefficient 
encountered.
---------------------------------------------------------------------------

    \7\ Exclude all distances that are closer to the facility than the 
property boundary. For example, if the actual distance to the nearest 
property boundary is 265 meters, begin at the 300 meter distance in 
Tables 5.0-4 and 5.0-5.
---------------------------------------------------------------------------

Maximum Average Hourly Dispersion Coefficient=____([micro]g/m\3\/g/sec)
    (2) For each of the three distance-based generic source numbers 
listed in Step 5(E), search down the appropriate generic source number 
columns, beginning at the minimum fenceline distance listed in Step 
6(B). Note that different columns may be used for each of the three 
distance ranges if there is a need for terrain adjustment. Record the 
maximum dispersion coefficient for each generic source number.

------------------------------------------------------------------------
                                                            Maximum
                                                           dispersion
       Distance range (km)         Generic source No.     coefficient
                                    [from Step 5(E)]   ([micro]g/m\3\/m/
                                                              sec)
------------------------------------------------------------------------
0.0-0.5..........................       ________            ________
0.5-2.5...............       ________            ________
2.5-5.0...............       ________            ________
5.0-20.0..............       ________            ________
------------------------------------------------------------------------


              Table 5.0-4--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Urban Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Generic  Generic  Generic  Generic  Generic  Generic  Generic  Generic  Generic  Generic
                                                     Source   Source   Source   Source   Source   Source   Source   Source   Source   Source    Generic
                   Distance (KM)                       1       2       3       4       5       6       7       8       9      10    Source 11
                                                     (<10M)   (10M)    (15M)    (20M)    (25M)    (31M)    (42M)    (53M)    (65M)    (113M)  (Downwash)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.20..............................................    680.1    517.5    368.7    268.7    168.5    129.8     63.4     30.1     18.4      1.6      662.3
0.25..............................................    521.9    418.2    303.7    232.6    163.0    124.2     67.6     38.5     19.8      3.2      500.0
0.30..............................................    407.7    351.7    256.2    199.0    147.0    118.3     63.5     41.5     25.0      4.2      389.3
0.35..............................................    326.2    304.2    221.6    172.7    130.2    107.9     60.0     40.5     27.3      5.4      311.9
0.40..............................................    268.5    268.5    195.6    152.5    115.7     97.1     59.6     37.8     27.4      5.8      268.5
0.45..............................................    240.8    240.7    175.4    136.7    103.9     87.6     56.6     37.2     26.3      5.8      240.8
0.50..............................................    218.5    218.5    159.2    124.1     94.4     79.7     52.9     36.7     24.7      5.8      218.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.55..............................................    200.3    200.3    145.9    113.8     86.5     73.1     49.2     35.4     24.5      6.6      200.3
0.60..............................................    185.1    185.1    134.9    105.1     80.0     67.6     45.8     33.8     24.3      7.1      185.1
0.65..............................................    172.2    172.2    125.5     97.8     74.4     62.9     42.7     32.0     23.7      7.4      172.2
0.70..............................................    161.2    161.2    117.4     91.6     69.6     58.9     40.1     30.2     22.9      7.5      161.2
0.75..............................................    151.6    151.6    110.5     86.1     65.5     55.4     37.7     28.6     22.0      7.5      151.6
0.80..............................................    143.2    143.2    104.4     81.4     61.9     52.3     35.6     27.1     21.1      7.4      143.2
0.85..............................................    135.8    135.8     99.0     77.2     58.7     49.6     33.8     25.7     20.2      7.2      135.8
0.90..............................................    129.2    129.2     94.2     73.4     55.8     47.2     32.1     24.5     19.3      7.0      129.2
0.95..............................................    123.3    123.3     89.9     70.1     53.3     45.0     30.7     23.4     18.5      6.8      123.3
1.00..............................................    118.0    118.0     86.0     67.0     51.0     43.1     29.4     22.4     17.7      6.5      118.0
1.10..............................................    108.8    108.0     79.3     61.8     47.0     39.7     27.1     20.6     16.4      6.5      108.8
1.20..............................................    101.1    101.1     73.7     57.4     43.7     36.9     25.2     19.2     15.2      6.4      101.1
1.30..............................................     94.6     94.6     68.9     53.7     40.9     34.5     23.5     18.0     14.2      6.3       94.6
1.40..............................................     89.0     89.0     64.8     50.6     38.5     32.5     22.1     16.9     13.4      6.1       89.0
1.50..............................................     84.1     84.1     61.3     47.8     36.3     30.7     20.9     16.0     12.7      5.9       84.1
1.60..............................................     79.8     79.8     58.2     45.4     34.5     29.2     19.9     15.2     12.0      5.6       79.8
1.70..............................................     76.0     76.0     55.4     43.2     32.9     27.8     18.9     14.4     11.4      5.4       76.0
1.80..............................................     72.7     72.7     53.0     41.3     31.4     26.5     18.1     13.8     10.9      5.2       72.7
1.90..............................................     69.6     69.6     50.7     39.6     30.1     25.4     17.3     13.2     10.5      5.0       69.6
2.00..............................................     66.9     66.9     48.8     38.0     28.9     24.4     16.7     12.7     10.1      4.8       66.9
2.25..............................................     61.1     61.1     44.5     34.7     26.4     22.3     15.2     11.6      9.2      4.4       61.1
2.50..............................................     56.4     56.4     41.1     32.1     24.4     20.6     14.0     10.7      8.5      4.1       56.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.75..............................................     52.6     52.6     38.3     29.9     22.7     19.2     10.0     10.0      7.9      3.8       52.6
3.00..............................................     49.3     49.3     35.9     28.0     21.3     18.0      9.4      9.4      7.4      3.6       49.3
4.00..............................................     40.2     40.2     29.3     22.8     17.4     14.7      7.6      7.6      6.1      2.9       40.2
5.00..............................................     34.5     34.5     25.2     19.6     14.9     12.6      6.6      6.6      5.2      2.5       34.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.00..............................................     30.7     30.7     30.7     30.7     30.7     30.7     30.7     30.7     30.7     30.7       30.7
7.00..............................................     27.8     27.8     27.8     37.8     27.8     27.8     27.8     27.8     27.8     27.8       27.8
8.00..............................................     25.5     25.5     25.5     25.5     25.5     25.5     25.5     25.5     25.5     25.5       25.5
9.00..............................................     23.8     23.8     23.8     23.8     23.8     23.8     23.8     23.8     23.8     23.8       23.8
10.00.............................................     22.3     22.3     22.3     22.3     22.3     22.3     22.3     22.3     22.3     22.3       22.3
15.00.............................................     17.6     17.6     17.6     17.6     17.6     17.6     17.6     17.6     17.6     17.6       17.6

[[Page 106]]

 
20.00.............................................     15.0     15.0     15.0     15.0     15.0     15.0     15.0     15.0     15.0    15.01       15.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on a 1 Gram/Second Emission Rate


              Table 5.0-5--ISCST Predicted Maximum Concentrations ([micro]g/m\3\) \a\ for Hazardous Waste Combustors Using Rural Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Generic  Generic  Generic  Generic  Generic  Generic              Generic  Generic  Generic
                                                  source   source   source   source   source   source    Generic    source   source   source    Generic
                 Distance (KM)                      1       2       3       4       5       6     source 7     8       9      10    source 11
                                                  (<10M)   (10M)    (15M)    (20M)    (25M)    (31M)      (42M)     (53M)    (65M)    (113M)  (Downwash)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.20...........................................   1771.1    670.3    308.6    176.8    102.8     76.5        28.0     10.1      3.5      0.0     1350.8
0.25...........................................   1310.6    678.4    316.9    183.6    104.6     71.8        38.0     17.6      7.9      0.2     1227.3
0.30...........................................   1002.3    629.2    303.4    199.1    100.4     75.0        39.7     24.0     12.6      0.8     1119.3
0.35...........................................    798.4    569.6    282.3    200.7    117.0     71.1        36.3     25.9     16.8      1.9     1023.8
0.40...........................................    656.9    516.5    278.7    194.4    125.2     82.7        25.3     24.6     18.1      3.1      938.9
0.45...........................................    621.5    471.1    277.6    184.3    127.5     89.7        35.6     21.7     17.6      4.3      851.8
0.50...........................................    633.5    432.4    272.0    172.7    125.7     92.9        34.4     21.6     15.9      5.5      787.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.55...........................................    630.1    399.2    263.8    168.0    121.6     93.3        38.6     22.1     13.6      6.5      730.6
0.60...........................................    616.6    370.4    254.0    169.1    116.2     91.8        42.6     21.7     14.3      6.7      676.4
0.65...........................................    596.7    345.4    243.6    168.1    110.3     89.2        45.3     20.9     14.7      6.4      633.4
0.70...........................................    573.2    323.4    232.9    165.6    104.5     85.8        47.0     23.3     14.6      5.9      592.0
0.75...........................................    546.9    304.0    222.3    162.0     98.8     82.2        47.7     25.5     14.3      5.5      554.6
0.80...........................................    520.9    286.8    212.1    157.7     98.8     78.5        47.8     27.1     13.8      5.1      522.1
0.85...........................................    495.7    271.5    202.4    153.0     99.0     74.9        47.4     28.3     15.0      4.7      491.8
0.90...........................................    471.5    257.8    193.3    148.1     98.6     71.4        46.6     29.1     16.3      4.5      464.2
0.95...........................................    448.5    245.4    184.7    143.1     97.6     72.3        45.6     29.6     17.3      4.2      438.9
1.00...........................................    426.8    234.2    176.8    138.1     96.3     72.6        44.4     29.8     18.2      4.0      415.8
1.10...........................................    387.5    214.7    162.5    128.2     91.9     71.1        41.8     29.5     19.3      3.9      375.0
1.20...........................................    353.5    198.4    150.3    119.3     87.4     69.1        39.1     28.6     19.8      4.1      340.3
1.30...........................................    323.0    189.6    139.9    111.5     82.9     66.7        36.6     27.5     19.8      4.2      310.4
1.40...........................................    296.6    182.2    130.8    104.5     78.7     64.2        34.3     26.2     19.5      4.2      284.6
1.50...........................................    273.3    174.6    122.9     98.3     74.7     61.6        32.3     24.9     19.0      4.2      262.0
1.60...........................................    252.7    167.0    115.9     92.8     71.0     59.1        31.8     23.6     18.4      4.2      242.2
1.70...........................................    234.5    159.6    109.7     87.9     67.6     56.7        31.6     22.5     17.7      4.3      224.7
1.80...........................................    218.3    152.4    104.1     83.5     64.4     54.3        31.3     21.4     17.0      4.5      211.9
1.90...........................................    203.7    145.6     99.1     79.5     61.5     52.1        30.9     20.4     16.3      4.8      198.4
2.00...........................................    190.7    139.1     94.6     75.9     58.8     50.0        30.4     19.5     15.7      5.1      186.3
2.25...........................................    164.4    124.5     85.1     68.3     53.0     45.4        28.9     18.1     14.2      5.4      160.8
2.50...........................................    143.7    112.1     77.3     62.1     48.2     41.4        27.2     17.9     12.9      5.5      140.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.75...........................................    127.0    101.5     70.9     56.9     38.1     38.1        25.6     17.5     11.8      5.4      124.5
3.00...........................................    113.4     92.4     65.6     52.6     35.2     35.2        24.0     17.0     11.2      5.2      112.5
4.00...........................................     78.8     67.3     50.6     40.6     27.2     27.2        29.0     14.3     10.4      4.3       78.3
5.00...........................................     59.1     54.6     41.4     33.2     22.2     22.2        15.6     12.0      9.3      3.5       58.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.00...........................................     56.7     46.7     46.7     46.7     46.7     46.7        46.7     46.7     46.7     46.7       46.7
7.00...........................................     40.4     40.4     40.4     40.4     40.4     40.4        40.4     40.4     40.4     40.4       40.4
8.00...........................................     35.8     35.8     35.8     35.8     35.8     35.8        35.8     35.8     35.8     35.8       35.8
9.00...........................................     32.2     32.2     32.2     32.2     32.2     32.2        32.2     32.2     32.2     32.2       32.2
10.00..........................................     29.4     29.4     29.4     29.4     29.4     29.4        29.4     29.4     29.4     29.4       29.4
15.00..........................................     20.5     20.5     20.5     20.5     20.5     20.5        20.5     20.5     20.5     20.5       20.5
20.00..........................................     15.9     15.9     15.9     15.9     15.9     15.9        15.9     15.9     15.9     15.9       15.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on a 1 Gram/Second Emission Rate

    (B) Determine annual/hourly ratio for rural analysis. The maximum 
average annual dispersion coefficient is approximated by multiplying the 
maximum hourly dispersion coefficient (identified in Step 7(A)) by the 
appropriate ratio selection from Table 5.0-6. The generic source 
number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step 
6), and the terrain type are used to select the appropriate scaling 
factor. Use the noncomplex terrain designation for all sources located 
in flat terrain, for all sources

[[Page 107]]

where the physical stack height of the worst-case stack is less than or 
equal to 10 m, for all sources where the worst-case stack is less than 
the minimum GEP, and for those sources where all of the TAESH values in 
Step 5(E) are greater than zero. Use the complex terrain designation in 
all other situations.
    (C) Determine maximum average annual dispersion coefficient. The 
maximum average annual dispersion coefficient is determined by 
multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its 
corresponding annual/hourly ratio (Step 7(B)).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Maximum hourly dispersion                         Maximum annual dispersion
              Terrain                  Distance from     Generic source    coefficient (g/     Annual hourly   coefficient (g/m\3\/
                                         stack (m)            No.                 m\3\/g/sec)                 ratio                 g/sec) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flat..............................  0-20.0
                                    0-0.5
                                    <=0.5-2.5
 
Rolling or Complex................  <=2.5-5.0
                                    <=5.0-20.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum hourly dispersion coefficient times annual/hourly ratio.

  Step 8: Estimate Maximum Ambient Air Concentrations--see procedures 
               prescribed in subpart H of 40 CFR part 266.

  Step 9: Determine Compliance with Regulatory Limits--see procedures 
               prescribed in subpart H of 40 CFR part 266.

                Step 10: Multiple Stack Method (Optional)

    This option is a special case procedure that may be helpful when (1) 
the facility exceeded the regulatory limits for one or more pollutants, 
as detailed in Step 9, and (2) the facility has multiple stacks with 
substantially different emission rates and effective release heights. 
Only those pollutants that fail the Step 9 screening limits need to be 
addressed in this exercise.
    This procedure assesses the environmental impacts from each stack 
and then sums the results to estimate total impacts. This option is 
conceptually the same as the basic approach (Steps 1 through 9) and does 
not involve complex calculations. However, it is more time-consuming and 
is recommended only if the basic approach fails to meet the risk 
criteria. The procedure is outlined below.
    (A) Compute effective stack heights for each stack. \8\
---------------------------------------------------------------------------

    \8\ Follow the procedure outlined in Step 4 of the basic screening 
procedure to determine the GEP for each stack. If a stack's physical 
height exceeds the maximum GEP, use the maximum GEP values. If a stack's 
physical height is less than the minimum GEP, use generic source number 
11 in the subsequent steps of this analysis. Follow the procedure in 
Steps 5(A) and 5(B) to determine the effective height of each stack.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                GEP stack height  Flow rate (m\3\/      Exit temp                        Effective stack
                           Stack No.                                   (m)              sec)            ([deg]K)       Plume rise (m)      height (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................      ________          ________          ________          ________          ________
2.............................................................      ________          ________          ________          ________          ________
3.............................................................      ________          ________          ________          ________          ________
 
Add an additional page if more than three stacks are involved. Circle the maximum and minimum effective stack heights.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (B) Determine if this multiple-stack screening procedure will likely 
produce less conservative results than the procedure in Steps 1 through 
9. To do this, compute the ratio of maximum-to-minimum effective stack 
height:
[GRAPHIC] [TIFF OMITTED] TC06NO91.012

    If the above ratio is greater than 1.25, proceed with the remaining 
steps. Otherwise, this option is less likely to significantly reduce the 
degree of conservatism in the screening method.

[[Page 108]]

    (C) Determine if terrain adjustment is needed and select generic 
source numbers. Select the shortest stack height and maximum terrain 
rise out to 5 km from Step 1 and determine if the facility is in flat 
terrain.
Shortest stack height (m)=______________________________________________
Maximum terrain rise in meters out to 5 km=_____________________________
[GRAPHIC] [TIFF OMITTED] TC06NO91.013

    If the value above is greater than 10 percent, the terrain is 
considered nonflat; proceed to Step 10(D). If the ratio is less than or 
equal to 10 percent, the terrain is considered flat. Identify the 
generic source numbers based on effective stack heights computed in Step 
10(A). Refer to Table 5.0-2 provided earlier to identify generic source 
numbers. Record the generic source numbers identified and proceed to 
Step 10(F).

------------------------------------------------------------------------
                                                      Stack No.
                                           -----------------------------
                                                1         2         3
------------------------------------------------------------------------
Generic Source Numbers....................    ____      ____      ____
------------------------------------------------------------------------

    (D) Compute the TAESH and select generic source numbers (four 
sources located in nonflat terrain).
    1. Compute the TAESH for all remaining stacks using the following 
equation:

HE-TR = TAESH

where:

HE = effective stack height (m)
TR = maximum terrain rise for each distance range (m)
TAESH = terrain-adjusted effective stack height (m)

                          Use the Table Below To Calculate the TAESH for Each Stack \9\
----------------------------------------------------------------------------------------------------------------
                                                                       Stack No.
                                     ---------------------------------------------------------------------------
         Distance Range (km)                   0-0.5              0.5-2.5        2.5-5.0
                                     ---------------------------------------------------------------------------
                                       HE  -   TR   =  TAESH   HE  -   TR   =    TAESH     HE  -   TR   =  TAESH
----------------------------------------------------------------------------------------------------------------
1...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
2...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
3...................................  ...  -  ...   =  .....  ...  -  ...   =  .........  ...  -  ...   =  .....
----------------------------------------------------------------------------------------------------------------
\9\ Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of
  each range is used. For example, for the range 0.5-2.5 km, the maximum terrain rise in the range
  0.0-2.5 km is used.

    For those stacks where the terrain rise within a distance range is 
greater than the effective stack height (i.e., HE-TR is less than zero), 
the TAESH for that distance range is set equal to zero, and generic 
source number 1 should be used for that distance range for all 
subsequent distance ranges. Additionally, for all stacks with a physical 
stack height of less than or equal to 10 meters, use generic source 
number 1 for all distance ranges. \10\ For the remaining stacks, proceed 
to Step 10(D)(2).
---------------------------------------------------------------------------

    \10\ This applies to all stacks less than or equal to 10 meters 
regardless of the terrain classification.
---------------------------------------------------------------------------

    2. For the remaining stacks, refer to Table 5.0-2 and, for each 
distance range, identify the generic source number that includes the 
TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to 
complete the following summary worksheet;

                            Generic Source Number After Terrain Adjusted (if Needed)
----------------------------------------------------------------------------------------------------------------
                                                                          0.5-2.5  2.5-5.0
                         Stack No.                             0-0.5 km           km                  km
----------------------------------------------------------------------------------------------------------------
1..........................................................  ...........  ..................  ..................
2..........................................................  ...........  ..................  ..................
3..........................................................  ...........  ..................  ..................
----------------------------------------------------------------------------------------------------------------

    (E) Identify maximum average hourly dispersion coefficients. Based 
on the land use classification of the site (e.g., urban or rural), use 
either Table 5.0-4 or Table 5.0-5 to determine the appropriate 
dispersion coefficient for each distance range for each stack. Begin at 
the minimum fenceline distance indicated in Step 7(B) and record on 
Worksheet 5.0-1 the dispersion coefficient for each stack/distance 
range. For stacks located in facilities in flat terrain, the generic 
source numbers were computed in Step 10(C). For stacks located in 
facilities in rolling and complex terrain, the generic source numbers 
were computed in Step 10(D). For flat terrain applications and for 
stacks with a physical height of less than or equal to 10 meters, only 
one generic source number is used per stack for all distance ranges. For 
other situations up to three generic source numbers may be needed per 
stack (i.e., a unique generic source number per distance range). In

[[Page 109]]

Tables 5.0-4 and 5.0-5, the dispersion coefficients for distances of 6 
km to 20 km are the same for all generic source numbers in order to 
conservatively represent terrain beyond 5 km (past the limits of the 
terrain analysis).
[GRAPHIC] [TIFF OMITTED] TC01AU92.033


[[Page 110]]


    (F) Estimate maximum hourly ambient air concentrations. In this 
step, pollutant-specific emission rates are multiplied by appropriate 
dispersion coefficients to estimate ambient air concentrations. For each 
stack, emissions are multiplied by the dispersion coefficient selected 
in Step 10(E) and summed across all stacks to estimate ambient air 
concentrations at various distances from the facility. From these summed 
concentrations, the maximum hourly ambient air concentration is 
selected. First, select the maximum emission rate of the pollutant. \11\ 
Record these data in the spaces provided below. \12\
---------------------------------------------------------------------------

    \11\ Recall that it is recommended that this analysis be performed 
for only one or two pollutants. The pollutants chosen for this analysis 
should be those that show the most significant exceedances of the risk 
threshold.
    \12\ Refer to Step 8 of the basic screening procedure. At this point 
in the screening procedure, annual emissions are used to represent 
hourly average emission rates. These values will be adjusted by the 
annual/hourly ratio to estimate annual average concentrations.

                  Maximum Annual Emission Rates (g/sec)
------------------------------------------------------------------------
    Pollutant           Stack 1            Stack 2           Stack 3
------------------------------------------------------------------------
                   .................  ................  ................
                   .................  ................  ................
------------------------------------------------------------------------

    Complete a separate copy of Worksheet 5.0-2 for each pollutant and 
select the highest hourly concentration from the summation column at the 
far right of the worksheet. Record the maximum hourly air concentration 
for each pollutant analyzed (add additional lines if needed):

------------------------------------------------------------------------
             Pollutant                Maximum hourly air concentration
------------------------------------------------------------------------
                                    ....................................
                                    ....................................
------------------------------------------------------------------------


[[Page 111]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.034


[[Page 112]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.035


[[Page 113]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.036

    (G) Determine the complex/noncomplex designation for each stack. For 
each stack, subtract the maximum terrain rise within 5 km of the site 
from the physical stack height and designate the stack as either complex 
or noncomplex. If the stack height minus the maximum terrain rise 
(within 5 km) is greater than zero or if the stack is less than 10 
meters in physical height, then assign the stack a noncomplex 
designation. If the stack height minus the maximum terrain rise (within 
5 km) is less than or equal to zero, then assign the stack a complex 
designation.

[[Page 114]]

    Perform the following computation for each stack and record the 
information in the spaces provided. Check in the spaces provided whether 
the stack designation is complex or noncomplex.

----------------------------------------------------------------------------------------------------------------
                                                           Maximum
               Stack No.                    Stack          terrain                         Complex    Noncomplex
                                          height (m)       rise (m)
----------------------------------------------------------------------------------------------------------------
1......................................  ...........  -  ...........   =             (m)
2......................................  ...........  -  ...........   =             (m)
3......................................  ...........  -  ...........   =             (m)
----------------------------------------------------------------------------------------------------------------

    (H) Identify annual/hourly ratios. Extract the annual/hourly ratios 
for each stack by referring to Table 5.0-6. Generic source numbers (from 
Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and 
complex or noncomplex terrain designations (from Step 10(G)) are used to 
select the appropriate scaling factor needed to convert hourly maximum 
concentrations to estimates of annual average concentrations.
    Complete the following table: \13\
---------------------------------------------------------------------------

    \13\ If any stack (excluding generic stack number 1 and 11) in Step 
10(D) shows a negative terrain adjusted stack height, use the complex 
terrain annual/hourly ratios.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Generic source No. steps 10 (C or D)                Annual/hourly ratio (from table 5.0-6)
                                               ---------------------------------------------------------------------------------------------------------
                   Stack No.                                    Distance ranges (km)                                 Distance ranges (km)
                                               ---------------------------------------------------------------------------------------------------------
                                                   0-0.5     0.5-2.5  2.5-5.0     0-0.5     0.5-2.5  2.5-5.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................   __________      __________          __________       __________      __________          __________
2.............................................   __________      __________          __________       __________      __________          __________
3.............................................   __________      __________          __________       __________      __________          __________
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (I) Select the highest annual/hourly ratio among all of the stacks, 
\14\ and then estimate the maximum annual average ambient air 
concentrations for each pollutant by completing the following table, 
where:
---------------------------------------------------------------------------

    \14\ As an option, the user can identify the stack with the highest 
ratio for each distance range (rather than the absolute highest). In 
this case, extra sheets would be needed to show estimated annual average 
concentrations from each stack by multiplying emission rate times 
maximum hourly dispersion coefficient times maximum annual/hourly ratio 
for applicable distance range. Then sum across all stacks for each 
downwind distance.
---------------------------------------------------------------------------

C = Maximum total hourly ambient air concentration ([micro]g/m\3\) for 
          pollutant ``N'' from Step 10(F),
Ca = Maximum annual average air concentration for pollutant 
          ``N'' ([micro]g/m\3\),
R = Annual/hourly ratio.

                              Table 5.0-6--95th Percentile of Annual/Hourly Ratios
----------------------------------------------------------------------------------------------------------------
                      Noncomplex Terrain                                         Complex Terrain
----------------------------------------------------------------------------------------------------------------
               Source                    Urban        Rural             Source             Urban        Rural
----------------------------------------------------------------------------------------------------------------
1...................................        0.019        0.014  1.....................        0.020        0.053
2...................................        0.033        0.019  2.....................        0.020        0.053
3...................................        0.031        0.018  3.....................        0.030        0.057
4...................................        0.029        0.017  4.....................        0.051        0.047
5...................................        0.028        0.017  5.....................        0.067        0.039
6...................................        0.028        0.017  6.....................        0.059        0.034
7...................................        0.031        0.015  7.....................        0.036        0.031
8...................................        0.030        0.013  8.....................        0.026        0.024
9...................................        0.029        0.011  9.....................        0.026        0.024
10..................................        0.029        0.008  10....................        0.017        0.013
11..................................        0.018        0.015  11....................        0.020        0.053
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                 Ca([mu]g/                     Ca([mu]g/
           Pollutant               m\3\)     x      R       =    m\3\)
------------------------------------------------------------------------
            ________                ____     x     ____     =     ____
            ________                ____     x     ____     =     ____
------------------------------------------------------------------------

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

[[Page 115]]

Section 6.0 Simplified Land Use Classification Procedure for Compliance 
                     With Tier I and Tier II Limits

                            6.1 Introduction

    This section provides a simplified procedure to classify areas in 
the vicinity of boilers and industrial furnace sites as urban or rural 
in order to set risk-based emission limits under subpart H of 40 CFR 
part 266. Urban/rural classification is needed because dispersion rates 
differ between urban and rural areas and thus, the risk per unit 
emission rate differs accordingly. The combination of greater surface 
roughness (more buildings/structures to generate turbulent mixing) and 
the greater amount of heat released from the surface in an urban area 
(generates buoyancy-induced mixing) produces greater rates of 
dispersion. The emission limit tables in the regulation, therefore, 
distinguish between urban and rural areas.
    EPA guidance (EPA 1986) \1\ provides two alternative procedures to 
determine whether the character of an area is predominantly urban or 
rural. One procedure is based on land use typing and the other is based 
on population density. Both procedures require consideration of 
characteristics within a 3-km radius from a source, in this case the 
facility stack(s). The land use typing method is preferred because it 
more directly relates to the surface characteristics that affect 
dispersion rates. The remainder of this discussion is, therefore, 
focused on the land use method.
    While the land use method is more direct, it can also be labor-
intensive to apply. For this discussion, the land use method has been 
simplified so that it is consistent with EPA guidance (EPA 1986; Auer 
1978), while streamlining the process for the majority of applications 
so that a clear-cut decision can be made without the need for detailed 
analysis. Table 6.0-1 summarizes the simplified approach for classifying 
areas as urban or rural. As shown, the applicant always has the option 
of applying standard (i.e., more detailed) analyses to more accurately 
distinguish between urban and rural areas. However, the procedure 
presented here allows for simplified determinations, where appropriate, 
to expedite the permitting process.

              Table 6.0-1--Classification of Land Use Types
------------------------------------------------------------------------
                                             Urban or rural designation
     Type \1\            Description                     \2\
------------------------------------------------------------------------
I1                 Heavy Industrial.......  Urban.
I2                 Light/Moderate           Urban.
                    Industrial.
C1                 Commercial.............  Urban.
R1                 Common Residential       Rural.
                    (Normal Easements).
R2                 Compact Residential      Urban.
                    (Single Family).
R3                 Compact Residential      Urban.
                    (Multi-Family).
R4                 Estate Residential       Rural.
                    (Multi-Acre Plots).
A1                 Metropolitan Natural...  Rural.
A2                 Agricultural...........  Rural.
A3                 Undeveloped (Grasses/    Rural.
                    Weeds).
A4                 Undeveloped (Heavily     Rural.
                    Wooded).
A5                 Water Surfaces.........  Rural.
------------------------------------------------------------------------
\1\ EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  North Carolina, July, 1986.
\2\ Auer, August H. Jr., ``Correlation of Land Use and Cover with
  Meteorological Anomalies,'' Journal of Applied Meteorology, pp. 636-
  643, 1978.

                     6.2 Simplified Land Use Process

    The land use approach considers four primary land use types: 
industrial (I), commercial (C), residential (R), and agricultural (A). 
Within these primary classes, subclasses are identified, as shown in 
table 6.0-1. The goal is to estimate the percentage of the area within a 
3-km radius that is urban type and the percentage that is rural type. 
Industrial and commercial areas are classified as urban; agricultural 
areas are classified as rural.
    The delineation of urban and rural areas, however, can be more 
difficult for the residential type areas shown in table 6.0-1. The 
degree of resolution shown in table 6.0-1 for residential areas often 
cannot be identified without conducting site area inspections and/or 
referring to zoning maps. This process can require extensive analysis, 
which, for many applications, can be greatly streamlined without 
sacrificing confidence in selecting the appropriate urban or rural 
classification.
    The fundamental simplifying assumption is based on the premise that 
many applications will have clear-cut urban/rural designations, i.e., 
most will be in rural settings that can be definitively characterized 
through a brief review of topographical maps. The color coding on USGS 
topographical maps provides the most effective means of simplifying the 
typing scheme. The suggested typing designations for the color codes 
found on topographical maps are as follows:
Green Wooded areas (rural).
White White areas generally will be treated as rural. This code applies 
to areas that are unwooded and do not have densely packed structures 
which would require the pink code (house omission tint). Parks, 
industrial areas, and unforested rural land will appear as white on the 
topographical maps. Of these categories, only the industrial areas could 
potentially be classified

[[Page 116]]

as urban based on EPA 1986 or Auer 1978. Industrial areas can be easily 
identified in most cases by the characteristics shown in Figure 6.0-1. 
For this simplified procedure, white areas that have an industrial 
classification will be treated as urban areas.
[GRAPHIC] [TIFF OMITTED] TC01AU92.037


[[Page 117]]



  Section 7.0 Statistical Methodology for Bevill Residue Determinations

    This section describes the statistical comparison of waste-derived 
residue to normal residue for use in determining eligibility for the 
Bevill exemption under 40 CFR 266.112.

        7.1 Comparison of Waste-Derived Residue to Normal Residue

    To be eligible for the Bevill exclusion from the definition of 
hazardous waste under 40 CFR 266.112(b)(1), waste-derived residue must 
not contain Appendix VIII, Part 261, constituents that could reasonably 
be attributable to the hazardous waste (toxic constituents) at 
concentrations significantly higher than in residue generated without 
burning or processing hazardous waste (normal residue). Concentrations 
of toxic constituents in normal residue are determined based on analysis 
of a minimum of 10 samples representing a minimum of 10 days of 
operation. The statistically-derived concentrations in normal residue 
are determined as the upper tolerance limit (95% confidence with a 95% 
proportion of the sample distribution) of the normal residue 
concentrations. The upper tolerance limit is to be determined as 
described in Section 7.2 below. If changes in raw materials or fuels 
could lower the statistically-derived concentrations of toxic 
constituents of concern, the statistically-derived baseline must be re-
established for any such mode of operation with the new raw material or 
fuel.
    Concentrations of toxic constituents in waste-derived residue are 
determined based on the analysis of one or more samples collected over a 
compositing period of not more than 24 hours. Multiple samples of the 
waste-derived residue may be analyzed or subsamples may be composited 
for analysis, provided that the sampling period does not exceed 24 
hours. If more than one sample is analyzed to characterize the waste-
derived residue generated over a 24-hour period, the arithmetic mean of 
the concentrations must be used as the waste-derived concentration for 
each constituent.
    The concentration of a toxic constituent in the waste-derived 
residue is not considered to be significantly higher than in the normal 
residue (i.e., the residue passes the Bevill test for that constituent) 
if the concentration in the waste-derived residue does not exceed the 
statistically-derived concentration.

              7.2 Calculation of the Upper Tolerance Limit

    The 95% confidence with 95% proportion of the sample distribution 
(upper tolerance limit) is calculated for a set of values assuming that 
the values are normally distributed. The upper tolerance limit is a one-
sided calculation and is an appropriate statistical test for cases in 
which a single value (the waste-derived residue concentration) is 
compared to the distribution of a range of values (the minimum of 10 
measurements of normal residue concentrations). The upper tolerance 
limit value is determined as follows:

UTL = X + (K)(S)

where

X = mean of the normal residue concentrations, X = X i/n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,
S = ([Sigma](Xi - X)\2\/(n - 1))\0\.\5\, and
n = sample size.

    The values of K at the 95% confidence and 95% proportion, and sample 
size n are given in Table 7.0-1.
    For example, a normal residue test results in 10 samples with the 
following analytical results for toxic constituent A:

------------------------------------------------------------------------
                                                           Concentration
                       Sample No.                         of constituent
                                                              A (ppm)
------------------------------------------------------------------------
1.......................................................              10
2.......................................................              10
3.......................................................              15
4.......................................................              10
5.......................................................               7
6.......................................................              12
7.......................................................              10
8.......................................................              16
9.......................................................              15
10......................................................              10
------------------------------------------------------------------------

    The mean and the standard deviation of these measurements, 
calculated using the above equations, are 11.5 and 2.9, respectively. 
Assuming that the values are normally distributed, the upper tolerance 
limit (UTL) is given by:

UTL = 11.5 + (2.911)(2.9) = 19.9 ppm

    Thus, if the concentration of constituent A in the waste-derived 
residue is below 19.9 ppm, then the waste-derived residue is eligible 
for the Bevill exclusion for constituent A.

                   7.3 Normal Distribution Assumption

    As noted in Section 7.2 above, this statistical approach (use of the 
upper tolerance limit) for calculation of the concentration in normal 
residue is based on the assumption that the concentration data are 
distributed normally. The Agency is aware that concentration data of 
this type may not always be distributed normally, particularly when 
concentrations are near the detection limits. There are a number of 
procedures that can be used to test the distribution of a data set. For 
example, the Shapiro-Wilk test, examination of a histogram or plot of 
the data on normal probability paper, and examination of the coefficient 
of skewness are methods that may be applicable, depending on the nature 
of the data (References 1 and 2).

[[Page 118]]

    If the concentration data are not adequately represented by a normal 
distribution, the data may be transformed to attain a near normal 
distribution. The Agency has found that concentration data, especially 
when near detection levels, often exhibit a lognormal distribution. The 
assumption of a lognormal distribution has been used in various programs 
at EPA, such as in the Office of Resource Conservation and Recovery Land 
Disposal Restrictions program for determination of BDAT treatment 
standards. The transformed data may be tested for normality using the 
procedures identified above. If the transformed data are better 
represented by a normal distribution than the untransformed data, the 
transformed data should be used in determining the upper tolerance limit 
using the procedures in Section 7.2 above.
    In all cases where the owner or operator wishes to use other than an 
assumption of normally distributed data or believes that use of an 
alternate statistical approach is appropriate to the specific data set, 
he/she must provide supporting rationale in the operating record that 
demonstrates that the data treatment is based upon sound statistical 
practice.

                          7.4 Nondetect Values

    The Agency is developing guidance regarding the treatment of 
nondetect values (data where the concentration of the constituent being 
measured is below the lowest concentration for which the analytical 
method is valid) in carrying out the statistical determination described 
above. Until the guidance information is available, facilities may 
present their own approach to the handling of nondetect data points, but 
must provide supporting rationale in the operating record for 
consideration by the Director.

       Table 7.0-1--K Values for 95% Confidence and 95% Proportion
------------------------------------------------------------------------
                      Sample size (n)                             K
------------------------------------------------------------------------
10.........................................................        2.911
11.........................................................        2.815
12.........................................................        2.736
13.........................................................        2.670
14.........................................................        2.614
15.........................................................        2.566
16.........................................................        2.523
17.........................................................        2.486
18.........................................................        2.458
19.........................................................        2.423
20.........................................................        2.396
21.........................................................        2.371
22.........................................................        2.350
23.........................................................        2.329
24.........................................................        2.303
25.........................................................        2.292
------------------------------------------------------------------------

                             7.5 References

    1. Shapiro, S.S. and Wilk, M.B. (1965), ``An Analysis of Variance 
Test for Normality (complete samples),'' Biometrika, 52,591-611.
    2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts 
and Methods, John Wiley and Sons, New York.

Section 8.0 Procedures for Determining Default Values for Air Pollution 
                   Control System Removal Efficiencies

    During interim status, owners or operators of boilers and industrial 
furnaces burning hazardous waste must submit documentation to EPA that 
certifies that emissions of HCl, C12, metals, and particulate 
matter (PM) are not likely to exceed allowable emission rates. See 
certification of precompliance under 40 CFR 266.103(b). This 
documentation also establishes interim status feed rate and operating 
limits for the facility. For the initial certification, estimates of 
emissions and system removal efficiencies (SREs) can be made to 
establish the operating limits. Subsequently, owners or operators must 
use emissions testing to demonstrate that emissions do not exceed 
allowable levels, and to establish operating limits. See 40 CFR 
266.103(c). However, initial estimates of emissions for certification of 
precompliance can be based on estimated or established SREs.
    The SRE combines the effect of partitioning of the chlorine, metals, 
or PM and the air pollution control system removal efficiency (APCS RE) 
for these pollutants. The SRE is defined as:
SRE = (species input--species emitted) / species input
    The SRE can be calculated from the partitioning factor (PF) and APCS 
RE by the following formula:

SRE = 1--[(PF/l00) x (1--APCS RE/100)]

where:

PF = percentage of the pollutant partitioned to the combustion gas

    Estimates of the PF and/or the APCS RE can be based on either EPA's 
default values or engineering judgement. EPA's default values for the 
APCS RE for metals, HCl, Cl2, and PM are described in this 
section. EPA's default values for partitioning of these pollutants are 
described in section 9.0.
    Guidelines for the use of engineering judgement to estimate APCS REs 
or PFs are described in section 9.4.

                  8.1 APCS RE Default Values for Metals

    EPA's default assumptions for APCS RE for metals are shown in Table 
8.1-1. The default values in the table are conservative estimates of the 
removal efficiencies for metals in BIFs, depending on the volatility of 
the metal and the type of APCS.
    The volatility of a metal depends on the temperature, the thermal 
input, the chlorine

[[Page 119]]

content of the waste, and the identity and concentration of the metal. 
Metals that do not vaporize at combustion zone temperatures are 
classified as ``nonvolatile''. Such metals typically enter the APCS in 
the form of large particles that are removed relatively easily. Metals 
that vaporize in the combustion zone and condense before entering the 
APCS are classified as ``volatile''. Such metals typically enter the 
APCS in the form of very fine, submicron particles that are rather 
inefficiently removed in many APCSs. Metals that vaporize in the 
combustion zone and do not condense before entering the APCS are 
classified as ``very volatile''. Such metals enter the APCS in the form 
of a vapor that is very inefficiently removed in many APCSs.
    Typically, BIFs have combustion zone temperatures high enough to 
vaporize any hazardous metal at concentrations sufficient to exceed 
risk-based emission limits. For this reason, the default assumption is 
that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to 
determine whether metals are classified as ``volatile'' or ``very 
volatile'' depending on the temperature entering the APCS, the thermal 
input, and whether the waste is chlorinated or nonchlorinated.

       Table 8.1-1--Air Pollution Control Systems (APCS) and Their
 Conservatively Estimated Efficiencies for Controlling Toxic Metals (%)
------------------------------------------------------------------------
                                              Metal Volatility
                                  --------------------------------------
               APCS                                              Very
                                   Nonvolatile    Volatile     Volatile
------------------------------------------------------------------------
WS...............................           40           30           20
VS-20............................           80           75           20
VS-60............................           87           75           40
ESP-1............................           90           75            0
ESP-2............................           92           80            0
ESP-4............................           95           80            0
WESP.............................           90           85           40
FF...............................           90           80            0
SD/FF............................           97           90            0
DS/FF............................           95           90            0
IWS..............................           90           87           75
------------------------------------------------------------------------

WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
Tower
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60 = Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS = Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)
WESP = Wet Electrostatic Precipitator

 Table 8.1-2--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile in Combustion of
                                              Nonchlorinated Wastes
----------------------------------------------------------------------------------------------------------------
                                  Metal                                        Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                             2000    1760    1580    1420    1380
Beryllium..................................  Be                             1680    1440    1240    1080     980
Antimony...................................  Sb                              680     600     540     480     420
Barium.....................................  Ba                             2240    1820    1540    1360    1240
Lead.......................................  Pb                             1280    1180    1080    1000     920
Mercury....................................  Hg                              340     300     260     220     180
Silver.....................................  Ag                             1820    1640    1480    1340    1220
Thallium...................................  Tl                              900     800     700     620    540
----------------------------------------------------------------------------------------------------------------
\1\ Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under
  the higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F
  and volatile at APCS temperatures of 260 F and below.


 Table 8.1-3--Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of
                                               Chlorinated Wastes
----------------------------------------------------------------------------------------------------------------
                                  Metal                                        Thermal Input (MMBtu/hr) \1\
----------------------------------------------------------------------------------------------------------------
                    Name                                Symbol               1      10      100    1000    10000
----------------------------------------------------------------------------------------------------------------
Arsenic....................................  As                              320     280     240     200     160
Cadmium....................................  Cd                             1040     940     860     780     720
Chromium...................................  Cr                           2

    Default assumptions for APCS RE for HCl in BIFs are shown in Table 
8.2-1. This table is identical to the column for other BIFs except that 
cement kilns have a minimum HCl removal efficiency of 83 percent. 
Because of the alkaline nature of the raw materials in cement kilns, 
most of the chlorine is converted to chloride salts. Thus, the minimum 
APCS RE for HCl for cement kilns is independent of the APCS train.
    Removal efficiency of Cl2 for most types of APCS is 
generally minimal. Therefore, the default assumption for APCS RE for 
Cl2 for all APCSs is 0 percent. This is applicable to all 
BIFs, including cement kilns.

                   8.3 APCS RE Default Values for Ash

    Default assumptions for APCS RE for PM are also shown in Table 8.1-
4. These figures are conservative estimates of PM removal efficiencies 
for different types of APCSs. They are identical to the figures in the 
Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1 
because the same collection mechanisms and collection efficiencies that 
apply to nonvolatile metals also apply to PM.

       Table 8.2-1--Air Pollution Control Systems (APCS) and Their
  Conservatively Estimated Efficiencies for Removing Hydrogen Chloride
                  (HCl) and Particulate Matter (PM) (%)
------------------------------------------------------------------------
                                                       HCl
                                        --------------------------------
                  APCD                     Cement     Other
                                           kilns       BIFs        PM
------------------------------------------------------------------------
WS.....................................         97         97         40
VS-20..................................         97         97         80
VS-60..................................         98         98         87
ESP-1..................................         83          0         90
ESP-2..................................         83          0         92
ESP-4..................................         83          0         95
WESP...................................         83         70         90
FF.....................................         83          0         90
SD/FF..................................         98         98         97
DS/FF..................................         98         98         95
WS/IWS.................................         99         99         95
IWS....................................         99         99         90
------------------------------------------------------------------------

WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap 
Tower
PS = Proprietary Wet Scrubber Design (A number of proprietary wet 
scrubbers have come on the market in recent years that are highly 
efficient on both particulates and corrosive gases. Two such units are 
offered by Calvert Environmental Equipment Co. and by Hydro-Sonic 
Systems, Inc.).
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. [Delta] p
VS-60 = Venturi Scrubber, ca. 60 in W.G. [Delta] p
ESP-l = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS = Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)

                             8.4 References

1. U.S. Environmental Protection Agency. ``Guidance on Metals and 
Hydrogen Chloride Controls for Hazardous Waste Incinerators,'' Office of 
Solid Waste, Washington, DC, August 1989.

[[Page 121]]

2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. 
Lee, and D.J. Fournier. The Partitioning of Metals in Rotary Kiln 
Incineration. Proceedings of the Third International Conference on New 
Frontiers for Hazardous Waste Management. NTIS Document No. EPA/600/9-
89/072, p. 555 (1989).

 Section 9.0 Procedures for Determining Default Values for Partitioning 
               of Metals, Ash, and Total Chloride/Chlorine

    Pollutant partitioning factor estimates can come from two sources: 
default assumptions or engineering judgement. EPA's default assumptions 
are discussed below for metals, HCl, Cl2, and PM. The default 
assumptions are used to conservatively predict the partitioning factor 
for several types of BIFs. Engineering judgement-based partitioning 
factor estimates are discussed in section 9.4.

                9.1 Partitioning Default Value for Metals

    To be conservative, the Agency is assuming that 100 percent of each 
metal in each feed stream is partitioned to the combustion gas. Owners/
operators may use this default value or a supportable, site-specific 
value developed following the general guidelines provided in section 
9.4.

      9.2 Special Procedures for Chlorine, HCl, and Cl2

    The Agency has established the special procedures presented below 
for chlorine because the emission limits are based on the pollutants HCl 
and Cl2 formed from chlorine fed to the combustor. Therefore, 
the owner/operator must estimate the controlled emission rate of both 
HCl and Cl2 and show that they do not exceed allowable 
levels.
    1. The default partitioning value for the fraction of chlorine in 
the total feed streams that is partitioned to combustion gas is 100 
percent. Owners/operators may use this default value or a supportable, 
site-specific value developed following the general guidelines provided 
in section 9.4.
    2. To determine the partitioning of chlorine in the combustion gas 
to HCl versus Cl2, either use the default values below or use 
supportable site-specific values developed following the general 
guidelines provided in section 9.4.
     For BIFs excluding halogen acid furnaces (HAFs), 
with a total feed stream chlorine/hydrogen ratio <=0.95, the default 
partitioning factor is 20 percent Cl2, 80 percent HCl.
     For HAFs and for BIFs with a total feed stream 
chlorine/hydrogen ratio 0.95, the default partitioning factor 
is 100 percent Cl2.
    3. To determine the uncontrolled (i.e., prior to acid gas APCS) 
emission rate of HCl and Cl2, multiply the feed rate of 
chlorine times the partitioning factor for each pollutant. Then, for 
HCl, convert the chlorine emission rate to HCl by multiplying it by the 
ratio of the molecular weight of HCl to the molecular weight of Cl 
(i.e., 36.5/35.5). No conversion is needed for Cl2.

                     9.3 Special Procedures for Ash

    This section: (1) Explains why ash feed rate limits are not 
applicable to cement and light-weight aggregate kilns; (2) presents the 
default partitioning values for ash; and (3) explains how to convert the 
0.08 gr/dscf, corrected to 7% O2, PM emission limit to a PM 
emission rate.
    Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns 
and light-weight aggregate kilns, raw material feed streams contain the 
vast majority of the ash input, and a significant amount of the ash in 
the feed stream is entrained into the kiln exhaust gas. For these 
devices, the ash content of the hazardous waste stream is expected to 
have a negligible effect on total ash emissions. For this reason, there 
is no ash feed rate compliance limit for cement kilns or light-weight 
aggregate kilns. Nonetheless, cement kilns and light-weight aggregate 
kilns are required to initially certify that PM emissions are not likely 
to exceed the PM limit, and subsequently, certify through compliance 
testing that the PM limit is not exceeded.
    Default Partitioning Value for Ash. The default assumption for 
partitioning of ash depends on the feed stream firing system. There are 
two methods by which materials may be fired into BIFs: Suspension-firing 
and bed-firing.
    The suspension category includes atomized and lanced pumpable 
liquids and suspension-fired pulverized solids. The default partitioning 
assumption for materials fired by these systems is that 100 percent of 
the ash partitions to the combustion gas.
    The bed-fired category consists principally of stoker boilers and 
raw materials (and in some cases containerized hazardous waste) fed into 
cement and light-weight aggregate kilns. The default partitioning 
assumption for materials fired on a bed is that 5 percent of the ash 
partitions to the combustion gas.
    Converting the PM Concentration-Based Standard to a PM Mass Emission 
Rate. The emission limit for BIFs is 0.08 gr/dscf, corrected to 7% 
02, unless a more stringent standard applies [e.g., a New 
Source Performance Standard (NSPS) or a State standard implemented under 
the State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf 
standard to a PM mass emission rate:
    1. Determine the flue gas 02 concentration (percent by 
volume, dry) and flue gas flow rate (dry standard cubic feet per 
minute); and
    2. Calculate the allowable PM mass emission rate by multiplying the 
concentration-

[[Page 122]]

based PM emission standard times the flue gas flow rate times a dilution 
correction factor equal to [(21-02 concentration from step 
1)/(21-7)].

 9.4 Use of Engineering Judgement To Estimate Partitioning and APCS RE 
                                 Values

    Engineering judgement may be used in place of EPA's conservative 
default assumptions to estimate partitioning and APCS RE values provided 
that the engineering judgement is defensible and properly documented. To 
properly document engineering judgement, the owner/operator must keep a 
written record of all assumptions and calculations necessary to justify 
the APCS RE used. The owner/operator must provide this record to the 
Director upon request and must be prepared to defend the assumptions and 
calculations used.
    If the engineering judgement is based on emissions testing, the 
testing will often document the emission rate of a pollutant relative to 
the feed rate of that pollutant rather than the partitioning factor or 
APCS RE.
    Examples of situations where the use of engineering judgement may be 
supportable to estimate a partitioning factor, APCS RE, or SRE include:
     Using emissions testing data from the facility to 
support an SRE, even though the testing may not meet full QA/QC 
procedures (e.g., triplicate test runs). The closer the test results 
conform with full QA/QC procedures and the closer the operating 
conditions during the test conform with the established operating 
conditions for the facility, the more supportable the engineering 
judgement will be.
     Applying emissions testing data documenting an 
SRE for one metal, including nonhazardous surrogate metals to another 
less volatile metal.
     Applying emissions testing data documenting an 
SRE from one facility to a similar facility.
     Using APCS vendor guarantees of removal 
efficiency.

                  9.5 Restrictions on Use of Test Data

    The measurement of an SRE or an APCS RE may be limited by the 
detection limits of the measurement technique. If the emission of a 
pollutant is undetectable, then the calculation of SRE or APCS RE should 
be based on the lower limit of detectability. An SRE or APCS RE of 100 
percent is not acceptable.
    Further, mass balance data of facility inputs, emissions, and 
products/residues may not be used to support a partitioning factor, 
given the inherent uncertainties of such procedures. Partitioning 
factors other than the default values may be supported based on 
engineering judgement, considering, for example, process chemistry. 
Emissions test data may be used to support an engineering judgement-
based SRE, which includes both partitioning and APCS RE.

                             9.5 References

1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) ``Fate of Metals in 
Waste Combustion Systems''. Combustion Science and Technology. 74, 1-6, 
p. 327

  Section 10.0 Alternative Methodology for Implementing Metals Controls

                           10.1 Applicability

    This method for controlling metals emissions applies to cement kilns 
and other industrial furnaces operating under interim status that 
recycle emission control residue back into the furnace.

                            10.2 Introduction

    Under this method, cement kilns and other industrial furnaces that 
recycle emission control residue back into the furnace must comply with 
a kiln dust concentration limit (i.e., a collected particulate matter 
(PM) limit) for each metal, as well as limits on the maximum feedrates 
of each of the metals in: (1) pumpable hazardous waste; and (2) all 
hazardous waste.
    The following subsections describe how this method for controlling 
metals emissions is to be implemented:
     Subsection 10.3 discusses the basis of the method 
and the assumptions upon which it is founded;
     Subsection 10.4 provides an overview of the 
implementation of the method;
     Subsection 10.5 is a step-by-step procedure for 
implementation of the method;
     Subsection 10.6 describes the compliance 
procedures for this method; and
     Appendix A describes the statistical calculations 
and tests to be used in the method.

                               10.3 Basis

    The viability of this method depends on three fundamental 
assumptions:
    (1) Variations in the ratio of the metal concentration in the 
emitted particulate to the metal concentration in the collected kiln 
dust (referred to as the enrichment factor or EF) for any given metal at 
any given facility will fall within a normal distribution that can be 
experimentally determined.
    (2) The metal concentrations in the collected kiln dust can be 
accurately and representatively measured.
    (3) The facility will remain in compliance with the applicable 
particulate matter (PM) emission standard.
    Given these assumptions. metal emissions can be related to the 
measured concentrations in the collected kiln dust by the following 
equation:

[[Page 123]]

[GRAPHIC] [TIFF OMITTED] TC06NO91.014

Where:

ME is the metal emitted;
PME is the particulate matter emitted;
DMC is the metal concentration in the collected kiln dust; and
EF is the enrichment factor, which is the ratio of the metal 
          concentration in the emitted particulate matter to the metal 
          concentration in the collected kiln dust.

    This equation can be rearranged to calculate a maximum allowable 
dust metal concentration limit (DMCL) by assuming worst-case conditions 
that: metal emissions are at the Tier III (or Tier II) limit (see 40 CFR 
266.106), and that particulate emissions are at the particulate matter 
limit (PML):
[GRAPHIC] [TIFF OMITTED] TC06NO91.015

    The enrichment factor used in the above equation must be determined 
experimentally from a minimum of 10 tests in which metal concentrations 
are measured in kiln dust and stack samples taken simultaneously. This 
approach provides a range of enrichment factors that can be inserted 
into a statistical distribution (t-distribution) to determine 
EF95 and EF99. 
EF95 is the value at which there is a 95% confidence 
level that the enrichment factor is below this value at any given time. 
Similarly, EF99 is the value at which there is a 99% 
confidence level that the enrichment factor is below this value at any 
given time. EF95 is used to calculate the 
``violation'' dust metal concentration limit (DMCLv):
[GRAPHIC] [TIFF OMITTED] TC06NO91.016

    If the kiln dust metal concentration is just above this 
``violation'' limit, and the PM emissions are at the PM emissions limit, 
there is a 5% chance that the metal emissions are above the Tier III 
limit. In such a case, the facility would be in violation of the metals 
standard.
    To provide a margin of safety, a second, more conservative kiln dust 
metal concentration limit is also used. This ``conservative'' dust metal 
concentration limit (DMCLc) is calculated using a ``safe'' 
enrichment factor (SEF). If EF99 is greater than two 
times the value of EF95, the ``safe'' enrichment 
factor can be calculated using Equation 4a:

SEF=2 EF95 (4a)


[[Page 124]]


    If EF99 is not greater than two times the value 
of EF95, the ``safe'' enrichment factor can be 
calculated using Equation 4b:

SEF=EF99 (4b)

    In cases where the enrichment factor cannot be determined because 
the kiln dust metal concentration is nondetectable, the ``safe'' 
enrichment factor is as follows:

SEF = 100 (4c)

    For all cases, the ``conservative'' dust metal concentration limit 
is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC06NO91.017

    If the kiln dust metal concentration at a facility is just above the 
``conservative'' limit based on that ``safe'' enrichment factor provided 
in Equation 4a, and the PM emissions are at the PM emissions limit, 
there is a 5% chance that the metal emissions are above one-half the 
Tier III limit. If the kiln dust metal concentration at the facility is 
just above the ``conservative'' limit based on the ``safe'' enrichment 
factor provided in Equation 4b, and the PM emissions are at the PM 
emissions limit, there is a 1% chance that the metal emissions are above 
the Tier III limit. In either case, the facility would be unacceptably 
close to a violation. If this situation occurs more than 5% of the time, 
the facility would be required to rerun the series of 10 tests to 
determine the enrichment factor. To avoid this expense, the facility 
would be advised to reduce its metals feedrates or to take other 
appropriate measures to maintain its kiln dust metal concentrations in 
compliance with the ``conservative'' dust metal concentration limits.
    In cases where the enrichment factor cannot be determined because 
the kiln dust metal concentration is nondetectable, and thus no 
EF95 exists, the ``violation'' dust metal 
concentration limit is set at ten times the ``conservative'' limit:

DMCLv = 10 x DMCLc (6)

                              10.4 Overview

    The flowchart for implementing the method is shown in Figure 10.4-1. 
The general procedure is as follows:
     Follow the certification of precompliance 
procedures described in subsection 10.6 (to comply with 40 CFR 
266.103(b)).
     For each metal of concern, perform a series of 
tests to establish the relationship (enrichment factor) between the 
concentration of emitted metal and the metal concentration in the 
collected kiln dust.
     Use the demonstrated enrichment factor, in 
combination with the Tier III (or Tier II) metal emission limit and the 
most stringent applicable particulate emission limit, to calculate the 
``violation'' and ``conservative'' dust metal concentration limits. 
Include this information with the certification of compliance under 40 
CFR 266.103(c).

[[Page 125]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.042

     Perform daily and/or weekly monitoring of the 
cement kiln dust metal concentration to ensure (with appropriate QA/QC) 
that the metal concentration does not exceed either limit.
--If the cement kiln dust metal concentration exceeds the 
``conservative'' limit more than 5% of the time (i.e., more than three 
failures in last 60 tests), the series of tests to determine the 
enrichment factor must be repeated.
--If the cement kiln dust metal concentration exceeds the ``violation'' 
limit, a violation has occurred.

     Perform quarterly tests to verify that the 
enrichment factor has not increased significantly. If the enrichment 
factor has increased, the series of tests to determine the enrichment 
factor must be repeated.

[[Page 126]]

                     10.5 Implementation Procedures

    A step-by-step description for implementing the method is provided 
below:
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The 
Tier II metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. 
This standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored 
(i.e., all hazardous metals for which Tier III emission limits are lower 
than PM emission limits--assuming PM is pure metal).
     Follow the compliance procedures described in 
Subsection 10.6.
     Follow appropriate guidelines for preparing test 
plans and waste analysis plans for the following tests:
--Compliance tests to determine limits on metal feedrates in pumpable 
hazardous wastes and in all hazardous wastes (as well as to determine 
other compliance parameters);
--Initial tests to determine enrichment factors;
--Quarterly tests to verify enrichment factors;
--Analysis of hazardous waste feedstreams; and
--Daily and/or weekly monitoring of kiln dust for continuing compliance.

    (2) Conduct tests to determine the enrichment factor.
     These tests must be conducted within a 14-day 
period. No more than two tests may be conducted in any single day. If 
the tests are not completed within a 14-day period, they must be 
repeated.
     Simultaneous stack samples and kiln dust samples 
must be taken.
--Stack sampling must be conducted with the multiple metals train 
according to procedures provided in section 10.3 of this Methods Manual.
--Kiln dust sampling must be conducted as follows:
--Follow appropriate sampling and analytical procedures such as those 
described in the waste analysis plan as they pertain to the condition 
and accessibility of the dust.
--Samples should be representative of the last ESP or Fabric Filter in 
the APCS series.

     The feedrates of hazardous metals in all pumpable 
hazardous waste streams and in all hazardous waste streams must be 
monitored during these tests. It is recommended (but not required) that 
the feedrates of hazardous metals in all feedstreams also be monitored.
     At least ten single (noncomposited) runs are 
required during the tests.
--The facility must follow a normal schedule of kiln dust recharging for 
all of the tests.
--Three of the first five tests must be compliance tests in conformance 
with 40 CFR 266.103(c); i.e., they must be used to determine maximum 
allowable feedrates of metals in pumpable hazardous wastes, and in all 
hazardous wastes, as well as to determine other compliance limits (see 
40 CFR 266.103(c)(1)).
--The remainder of the tests need not be conducted under full compliance 
test conditions; however, the facility must operate at its compliance 
test production rate, and it must burn hazardous waste during these 
tests such that the feedrate of each metal for pumpable and total 
hazardous wastes is at least 25% of the feedrate during compliance 
testing. If these criteria, and those discussed below, are not met for 
any parameter during a test, then either the test is not valid for 
determining enrichment factors under this method, or the compliance 
limits for that parameter must be established based on these test 
conditions rather than on the compliance test conditions.

     Verify that compliance emission limits are not 
exceeded.
--Metal emissions must not exceed Tier III (or Tier II) limits.
--PM emissions must not exceed the most stringent of applicable PM 
standards (or an optional self-imposed particulate standard).
     The facility must generate normal, marketable 
product using normal raw materials and fuels under normal operating 
conditions (for parameters other than those specified under this method) 
when these tests are conducted.
     Chromium must be treated as a special case:
--The enrichment factor for total chromium is calculated in the same way 
as the enrichment factor for other metals (i.e., the enrichment factor 
is the ratio of the concentration of total chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust).
--The enrichment factor for hexavalent chromium (if measured) is defined 
as the ratio of the concentration of hexavalent chromium in the emitted 
particulate matter to the concentration of total chromium in the 
collected kiln dust.

    (3) Use the enrichment factors measured in Step 2 to determine 
EF95, EF99, and SEF.
     Calculate EF95 and 
EF99 according to the t-distribution as described in 
Appendix A
     Calculate SEF by

[[Page 127]]

--Equation 4a if EF95 is determinable and if 
EF99 is greater than two times 
EF95 ,
--Equation 4b if EF95 is determinable and if 
EF99 is not greater than two times 
EF95,
--Equation 4c if EF95 is not determinable.

    The facility may choose to set an even more conservative SEF to give 
itself a larger margin of safety between the point where corrective 
action is necessary and the point where a violation occurs.
    (4) Prepare certification of compliance.
     Calculate the ``conservative'' dust metal 
concentration limit (DMCLc) using Equation 5.
--Chromium is treated as a special case. The ``conservative'' kiln dust 
chromium concentration limit is set for total chromium, not for 
hexavalent chromium. The limit for total chromium must be calculated 
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples described in Step 2 were analyzed for hexavalent 
chromium, the SEF based on the hexavalent chromium enrichment factors 
(as defined in Step 2) must be used in this calculation.
--If the stack samples were not analyzed for hexavalent chromium, then 
the SEF based on the total chromium enrichment factor must be used in 
this calculation.

     Calculate the ``violation'' dust metal 
concentration limit (DMCLv) using Equation 3 if 
EF95 is determinable, or using Equation 6 if 
EF95 is not determinable.
--Chromium is treated as a special case. The ``violation'' kiln dust 
chromium concentration limit is set for total chromium, not for 
hexavalent chromium. The limit for total chromium must be calculated 
using the Tier III (or Tier II) metal limit for hexavalent chromium.
--If the stack samples taken in Step 2 were analyzed for hexavalent 
chromium, the EF95 based on the hexavalent chromium 
enrichment factor (as defined in Step 2) should be used in this 
calculation.
--If the stack samples were not analyzed for hexavalent chromium, the 
EF95 based on the total chromium enrichment factor 
must be used in this calculation.

     Submit certification of compliance.
     Steps 2-4 must be repeated for recertification, 
which is required once every 3 years (see Sec. 266.103(d)).
    (5) Monitor metal concentrations in kiln dust for continuing 
compliance, and maintain compliance with all compliance limits for the 
duration of interim status.
     Metals to be monitored during compliance testing 
are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     Noncompliance with the sampling and analysis 
schedule prescribed by this method is a violation of the metals controls 
under Sec. 266.103.
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate methods, as 
they pertain to the condition and accessibility of the kiln dust.
     Follow the same procedures and sample at the same 
locations as were used for kiln dust samples collected to determine the 
enrichment factors (as discussed in Step 2).
     Samples must be collected at least once every 8 
hours, and a daily composite must be prepared according to appropriate 
procedures.
--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites. These 
samples can be composites of the original 8-hour samples, or they can be 
composites of daily composite samples.
     Analyze the ``required'' sample to determine the 
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation of the 
metals standards of Sec. 266.103.

     If the ``conservative'' kiln dust metal 
concentration limit is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal 
concentration limit is not exceeded, continue with the daily or weekly 
monitoring (Step 5) for the duration of interim status.
     Conduct quarterly enrichment factor verification 
tests, as described in Step 6.
    (6) Conduct quarterly enrichment factor verification tests.
     After certification of compliance with the metals 
standards, a facility must conduct quarterly enrichment factor 
verification tests every three months for the

[[Page 128]]

duration of interim status. The first quarterly test must be completed 
within three months of certification (or recertification). Each 
subsequent quarterly test must be completed within three months of the 
preceding quarterly test. Failure to meet this schedule is a violation.
     Simultaneous stack samples and kiln dust samples 
must be collected.
     Follow the same procedures and sample at the same 
locations as were used for kiln dust samples and stack samples collected 
to determine the enrichment factors (as discussed in Step 2).
     At least three single (noncomposited) runs are 
required. These tests need not be conducted under the operating 
conditions of the initial compliance test; however, the facility must 
operate under the following conditions:
--It must operate at compliance test production rate.
--It must burn hazardous waste during the test, and for the 2-day period 
immediately preceding the test, such that the feedrate of each metal for 
pumpable and total hazardous wastes consist of at least 25% of the 
operating limits established during the compliance test.
--It must remain in compliance with all compliance parameters (see Sec. 
266.103(c)(1)).
--It must follow a normal schedule of kiln dust recharging.
--It must generate normal marketable product from normal raw materials 
during the tests.

    (7) Conduct a statistical test to determine if the enrichment 
factors measured in the quarterly verification tests have increased 
significantly from the enrichment factors determined in the tests 
conducted in Step 2. The enrichment factors have increased significantly 
if all three of the following criteria are met:
     By applying the t-test described in appendix A, 
it is determined that the enrichment factors measured in the quarterly 
tests are not taken from the same population as the enrichment factors 
measured in the Step 2 tests;
     The EF95 calculated for the 
combined data sets (i.e., the quarterly test data and the original Step 
2 test data) according to the t-distribution (described in appendix A) 
is more than 10% higher than the EF95 based on the 
enrichment factors previously measured in Step 2; and
     The highest measured kiln dust metal 
concentration recorded in the previous quarter is more than 10% of the 
``violation'' kiln dust concentration limit that would be calculated 
from the combined EF95.
    If the enrichment factors have increased significantly, the tests to 
determine the enrichment factors must be repeated (refer to Step 11). If 
the enrichment factors have not increased significantly, continue to use 
the kiln dust metal concentration limits based on the enrichment factors 
previously measured in Step 2, and continue with the daily and/or weekly 
monitoring described in Step 5.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance was due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 
9.
     If the average of all the samples for a given day 
(or week, as applicable) (including the ``required'' sample and the 
``spare'' samples) does not exceed the ``conservative'' kiln dust metal 
concentration limit, no corrective measures are necessary; continue with 
the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day 
(or week, as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 9.

    (9) Determine if the ``violation'' kiln dust metal concentration has 
been exceeded based on either the average of all the samples collected 
during the 24-hour period in question, or if discarding an outlier can 
be statistically justified by the Q-test described in appendix A, on the 
average of the remaining samples.
     If the ``violation'' kiln dust metal 
concentration limit has been exceeded, a violation of the metals 
controls under Sec. 266.103(c) has occurred. Notify the Director that a 
violation has occurred. Hazardous waste may be burned for testing 
purposes for up to 720 operating hours to support a revised 
certification of compliance. Note that the Director may grant an 
extension of the hours of hazardous waste burning under Sec. 
266.103(c)(7) if additional burning time is needed to support a revised 
certification for reasons beyond the control of the owner or operator. 
Until a revised certification of compliance is submitted to the 
Director, the feedrate of the metals in violation in total and pumpable 
hazardous waste feeds is limited to 50% of the previous compliance test 
limits.
     If the ``violation'' kiln dust metal 
concentration has not been exceeded:
--If the exceedance occurred in a daily composite sample, refer to Step 
10.

[[Page 129]]

--If the exceedance occurred in a weekly composite sample, refer to Step 
11.

    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.
     If not, log this exceedance and continue with the 
daily and/or weekly monitoring (Step 5).
     If so, the tests to determine the enrichment 
factors must be repeated (refer to Step 11).
     This determination is made separately for each 
metal. For example,
--Three exceedances for each of the ten hazardous metals are allowed 
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not 
allowed.

     This determination should be made daily, 
beginning on the first day of daily monitoring. For example, if four 
exceedances of any single metal occur in the first four days of daily 
monitoring, do not wait until the end of the 60-day period; refer 
immediately to Step 11.
    (11) The tests to determine the enrichment factor must be repeated 
if: (1) More than three exceedances of the ``conservative'' kiln dust 
metal concentration limit occur within any 60 consecutive daily samples; 
(2) an excursion of the ``conservative'' kiln dust metal concentration 
limit occurs in any weekly sample; or (3) a quarterly test indicates 
that the enrichment factors have increased significantly.
     The facility must notify the Director if these 
tests must be repeated.
     The facility has up to 720 hazardous-waste-
burning hours to redetermine the enrichment factors for the metal or 
metals in question and to recertify (beginning with a return to Step 2). 
During this period, the facility must reduce the feed rate of the metal 
in violation by 50%. If the facility has not completed the 
recertification process within this period, it must stop burning or 
obtain an extension. Hazardous waste burning may resume only when the 
recertification process (ending with Step 4) has been completed.
     Meanwhile, the facility must continue with daily 
kiln dust metals monitoring (Step 5) and must remain in compliance with 
the ``violation'' kiln dust metal concentration limits (Step 9).

                      10.6 Precompliance Procedures

    Cement kilns and other industrial furnaces that recycle emission 
control residue back into the furnace must comply with the same 
certification schedules and procedures (with the few exceptions 
described below) that apply to other boilers and industrial furnaces. 
These schedules and procedures, as set forth in Sec. 266.103, require 
no later than the effective date of the rule, each facility submit a 
certification which establishes precompliance limits for a number of 
compliance parameters (see Sec. 266.103(b)(3)), and that each facility 
immediately begin to operate under these limits.
    These precompliance limits must ensure that interim status emissions 
limits for hazardous metals, particulate matter, HCl, and Cl2 
are not likely to be exceeded. Determination of the values of the 
precompliance limits must be made based on either (1) conservative 
default assumptions provided in this Methods Manual, or (2) engineering 
judgement.
    The flowchart for implementing the precompliance procedures is shown 
in Figure 10.6-1. The step-by-step precompliance implementation 
procedure is described below. The precompliance implementation 
procedures and numbering scheme are similar to those used for the 
compliance procedures described in Subsection 10.5.
    (1) Prepare initial limits and test plans.
     Determine the Tier III metal emission limit. The 
Tier II metal emission limit may also be used (see 40 CFR 266.106).
     Determine the applicable PM emission standard. 
This standard is the most stringent particulate emission standard that 
applies to the facility. A facility may elect to restrict itself to an 
even more stringent self-imposed PM emission standard, particularly if 
the facility finds that it is easier to control particulate emissions 
than to reduce the kiln dust concentration of a certain metal (i.e., 
lead).
     Determine which metals need to be monitored 
(i.e., all hazardous metals for which Tier III emission limits are lower 
than PM emission limits, assuming PM is pure metal).
     Follow appropriate procedures for preparing waste 
analysis plans for the following tasks:
--Analysis of hazardous waste feedstreams.
--Daily and/or weekly monitoring of kiln dust concentrations for 
continuing compliance.

    (2) Determine the ``safe'' enrichment factor for precompliance. In 
this context, the ``safe'' enrichment factor is a conservatively high 
estimate of the enrichment factor (the ratio of the emitted metal 
concentration to the metal concentration in the collected kiln dust). 
The ``safe'' enrichment factor must be calculated from either 
conservative default values, or engineering judgement.

[[Page 130]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.043

     Conservative default values for the ``safe'' 
enrichment factor are as follows:
--SEF = 10 for all hazardous metals except mercury. SEF = 10 for 
antimony, arsenic, barium, beryllium, cadmium, chromium, lead, silver, 
and thallium.
--SEF = 100 for mercury.

     Engineering judgement may be used in place of 
conservative default assumptions provided that the engineering judgement 
is defensible and properly documented. The facility must keep a written 
record of all assumptions and calculations necessary to justify the SEF. 
The facility must provide this record to EPA upon request and must be 
prepared to defend these assumptions and calculations.
    Examples of situations where the use of engineering judgement is 
appropriate include:
--Use of data from precompliance tests;
--Use of data from previous compliance tests; and
--Use of data from similar facilities.

    (3) This step does not apply to precompliance procedures.
    (4) Prepare certification of precompliance.

[[Page 131]]

     Calculate the ``conservative'' dust metal 
concentration limit (DMCLc) using Equation 5.
     Submit certification of precompliance. This 
certification must include precompliance limits for all compliance 
parameters that apply to other boilers and industrial furnaces (i.e., 
those that do not recycle emission control residue back into the 
furnace) as listed in Sec. 266.103(b)(3), except that it is not 
necessary to set precompliance limits on maximum feedrate of each 
hazardous metal in all combined feedstreams.
     Furnaces that recycle collected PM back into the 
furnace (and that elect to comply with this method (see Sec. 
266.103(c)(3)(ii)) are subject to a special precompliance parameter, 
however. They must establish precompliance limits on the maximum 
concentration of each hazardous metal in collected kiln dust (which must 
be set according to the procedures described above).
    (5) Monitor metal concentration in kiln dust for continuing 
compliance, and maintain compliance with all precompliance limits until 
certification of compliance has been submitted.
     Metals to be monitored during precompliance 
testing are classified as either ``critical'' or ``noncritical'' metals.
--All metals must initially be classified as ``critical'' metals and be 
monitored on a daily basis.
--A ``critical'' metal may be reclassified as a ``noncritical'' metal if 
its concentration in the kiln dust remains below 10% of its 
``conservative'' kiln dust metal concentration limit for 30 consecutive 
daily samples. ``Noncritical'' metals must be monitored on a weekly 
basis, at a minimum.
--A ``noncritical'' metal must be reclassified as a ``critical'' metal 
if its concentration in the kiln dust is above 10% of its 
``conservative'' kiln dust metal concentration limit for any single 
daily or weekly sample.

     It is a violation if the facility fails to 
analyze the kiln dust for any ``critical'' metal on any single day or 
for any ``noncritical'' metal during any single week, when hazardous 
waste is burned.
     Follow the sampling, compositing, and analytical 
procedures described in this method and in other appropriate methods as 
they pertain to the condition and accessibility of the kiln dust.
     Samples must be collected at least once every 8 
hours, and a daily composite must be prepared according to appropriate 
procedures.
--At least one composite sample is required. This sample is referred to 
as the ``required'' sample.
--For QA/QC purposes, a facility may elect to collect two or more 
additional samples. These samples are referred to as the ``spare'' 
samples. These additional samples must be collected over the same time 
period and according to the same procedures as those used for the 
``required'' sample.
--Samples for ``critical'' metals must be daily composites.
--Samples for ``noncritical'' metals must be weekly composites, at a 
minimum. These samples can be composites of the original 8-hour samples, 
or they can be composites of daily composite samples.

     Analyze the ``required'' sample to determine the 
concentration of each metal.
--This analysis must be completed within 48 hours of the close of the 
sampling period. Failure to meet this schedule is a violation.

     If the ``conservative'' kiln dust metal 
concentration limit is exceeded for any metal, refer to Step 8.
     If the ``conservative'' kiln dust metal 
concentration limit is not exceeded, continue with the daily and/or 
weekly monitoring (Step 5) for the duration of interim status.
    (6) This step does not apply to precompliance procedures.
    (7) This step does not apply to precompliance procedures.
    (8) If the ``conservative'' kiln dust metal concentration limit was 
exceeded for any metal in any single analysis of the ``required'' kiln 
dust sample, the ``spare'' samples corresponding to the same period may 
be analyzed to determine if the exceedance is due to a sampling or 
analysis error.
     If no ``spare'' samples were taken, refer to Step 
9.
     If the average of all the samples for a given day 
(or week, as applicable) (including the ``required'' sample and the 
``spare'' samples) does not exceed the ``conservative'' kiln dust metal 
concentration limit, no corrective measures are necessary; continue with 
the daily and/or weekly monitoring as described in Step 5.
     If the average of all the samples for a given day 
(or week, as applicable) exceeds the ``conservative'' kiln dust metal 
concentration limit, but the average of the ``spare'' samples is below 
the ``conservative'' kiln dust metal concentration limit, apply the Q-
test, described in appendix A, to determine whether the ``required'' 
sample concentration can be judged as an outlier.
--If the ``required'' sample concentration is judged an outlier, no 
corrective measures are necessary; continue with the daily and/or weekly 
monitoring described in Step 5.
--If the ``required'' sample concentration is not judged an outlier, 
refer to Step 10.

    (9) This step does not apply to precompliance procedures.
    (10) Determine if the ``conservative'' kiln dust metal concentration 
limit has been exceeded more than three times in the last 60 days.

[[Page 132]]

     If not, log this exceedance and continue with the 
daily and/or weekly monitoring (Step 5).
     If so, the tests to determine the enrichment 
factors must be repeated (refer to Step 11).
     This determination is made separately for each 
metal; for example:
--Three exceedances for each of the ten hazardous metals are allowed 
within any 60-day period.
--Four exceedances of any single metal in any 60-day period is not 
allowed.

     This determination should be made daily, 
beginning on the first day of daily monitoring. For example, if four 
exceedances of any single metal occur in the first four days of daily 
monitoring, do not wait until the end of the 60-day period; refer 
immediately to Step 11.
    (11) A revised certification of precompliance must be submitted to 
the Director (or certification of compliance must be submitted) if: (1) 
More than three exceedances of the ``conservative'' kiln dust metal 
concentration limit occur within any 60 consecutive daily samples; or 
(2) an exceedance of the ``conservative'' kiln dust metal concentration 
limit occurs in any weekly sample.
     The facility must notify the Director if a 
revised certification of precompliance must be submitted.
     The facility has up to 720 waste-burning hours to 
submit a certification of compliance or a revised certification of 
precompliance. During this period, the feed rate of the metal in 
violation must be reduced by 50%. In the case of a revised certification 
of precompliance, engineering judgement must be used to ensure that the 
``conservative'' kiln dust metal concentration will not be exceeded. 
Examples of how this goal might be accomplished include:
--Changing equipment or operating procedures to reduce the kiln dust 
metal concentration;
--Changing equipment or operating procedures, or using more detailed 
engineering judgement, to decrease the estimated SEF and thus increase 
the ``conservative'' kiln dust metal concentration limit;
--Increasing the ``conservative'' kiln dust metal concentration limit by 
imposing a stricter PM emissions standard; or
--Increasing the ``conservative'' kiln dust metal concentration limit by 
performing a more detailed risk assessment to increase the metal 
emission limits.

     Meanwhile, the facility must continue with daily 
kiln dust metals monitoring (Step 5).

            Appendix A to Appendix IX to Part 266--Statistics

                 A.1 Determination of Enrichment Factor

    After at least 10 initial emissions tests are performed, an 
enrichment factor for each metal must be determined. At the 95% 
confidence level, the enrichment factor, EF95, is 
based on the test results and is statistically determined so there is 
only a 5% chance that the enrichment factor at any given time will be 
larger than EF95. Similarly, at the 99% confidence 
level, the enrichment factor, EF99, is statistically 
determined so there is only a 1% chance that the enrichment factor at 
any given time will be larger than EF99.
    For a large number of samples (n 30), 
EF95 is based on a normal distribution, and is equal 
to:

EF95=EF + zc [sigma] (1)

where:
[GRAPHIC] [TIFF OMITTED] TC06NO91.018

[GRAPHIC] [TIFF OMITTED] TC06NO91.019

    For a 95% confidence level, zc is equal to 1.645.
    For a small number of samples (n<30), EF95 is 
based on the t-distribution and is equal to:

EF95=EF + tc S (4)

where the standard deviation, S, is defined as:
[GRAPHIC] [TIFF OMITTED] TC06NO91.020

tc is a function of the number of samples and the confidence 
level that is desired. It increases in value as the sample size 
decreases and the confidence level increases. The 95% confidence level 
is used in this method to calculate the ``violation'' kiln dust metal 
concentration limit; and the 99% confidence level is sometimes used to 
calculate the ``conservative'' kiln dust metal concentration limit. 
Values of tc are shown in table A-

[[Page 133]]

1 for various degrees of freedom (degrees of freedom = sample size-1) at 
the 95% and 99% confidence levels. As the sample size approaches 
infinity, the normal distribution is approached.

               A.2 Comparison of Enrichment Factor Groups

    To determine if the enrichment factors measured in the quarterly 
tests are significantly different from the enrichment factors determined 
in the initial Step 2 tests, the t-test is used. In this test, the value 
tmeas:
[GRAPHIC] [TIFF OMITTED] TC06NO91.021


                        Table A-1--t-Distribution
------------------------------------------------------------------------
                 n-1 or n1 + n2-2                      t.95       t.99
------------------------------------------------------------------------
 1................................................       6.31      31.82
 2................................................       2.92       6.96
 3................................................       2.35       4.54
 4................................................       2.13       3.75
 5................................................       2.02       3.36
 6................................................       1.94       3.14
 7................................................       1.90       3.00
 8................................................       1.86       2.90
 9................................................       1.83       2.82
 10...............................................       1.81       2.76
 11...............................................       1.80       2.72
 12...............................................       1.78       2.68
 13...............................................       1.77       2.65
 14...............................................       1.76       2.62
 15...............................................       1.75       2.60
 16...............................................       1.75       2.58
 17...............................................       1.74       2.57
 18...............................................       1.73       2.55
 19...............................................       1.73       2.54
 20...............................................       1.72       2.53
 25...............................................       1.71       2.48
 30...............................................       1.70       2.46
 40...............................................       1.68       2.42
 60...............................................       1.67       2.39
120...............................................       1.66       2.36
[infin]...........................................      1.645       2.33
------------------------------------------------------------------------

                                                               [GRAPHIC] [TIFF OMITTED] TC06NO91.022
                                                               
is compared to tcrit at the desired confidence level. The 95% 
confidence level is used in this method. Values of tcrit are 
shown in table A-1 for various degrees of freedom (degrees of freedom 
n1 + n2-2) at the 95% and 99% confidence levels. 
If tmeas is greater than tcrit, it can be 
concluded with 95% confidence that the two groups are not from the same 
population.

                          A.3 Rejection of Data

    If the concentration of any hazardous metal in the ``required'' kiln 
dust sample exceeds the kiln dust metal concentration limit, the 
``spare'' samples are analyzed. If the average of the combined 
``required'' and ``spare'' values is still above the limit, a 
statistical test is used to decide if the upper value can be rejected.
    The ``Q-test'' is used to determine if a data point can be rejected. 
The difference between the questionable result and its neighbor is 
divided by the spread of the entire data set. The resulting ratio, 
Qmeas, is then compared with rejection values that are 
critical for a particular degree of confidence, where Qmeas 
is:
[GRAPHIC] [TIFF OMITTED] TC06NO91.023

The 90% confidence level for data rejection is used in this method. 
Table A-2 provides the values of Qcrit at the 90% confidence 
level. If Qmeas is larger than Qcrit, the data 
point can be discarded. Only one data point from a sample group can be 
rejected using this method.

            Table A-2--Critical Values for Use in the Q-Test
------------------------------------------------------------------------
                                n                                  Qcrit
------------------------------------------------------------------------
 3...............................................................   0.94
 4...............................................................   0.76
 5...............................................................   0.64
 6...............................................................   0.56
 7...............................................................   0.51
 8...............................................................   0.47
 9...............................................................   0.44
 10..............................................................   0.41
------------------------------------------------------------------------


[[Page 134]]


[56 FR 32692, July 17, 1991 as amended 56 FR 42512, 42516, Aug. 27, 
1991; 57 FR 38566, Aug. 25, 1992; 57 FR 44999, Sept. 30, 1992; 62 FR 
32463, June 13, 1997; 70 FR 34588, June 14, 2005; 71 FR 40277, July 14, 
2006; 74 FR 30231, June 25, 2009]



                 Sec. Appendix X to Part 266 [Reserved]



    Sec. Appendix XI to Part 266--Lead-Bearing Materials That May be 
                    Processed in Exempt Lead Smelters

 A. Exempt Lead-Bearing Materials When Generated or Originally Produced 
                    By Lead-Associated Industries \1\

Acid dump/fill solids
---------------------------------------------------------------------------

    \1\ Lead-associated industries are lead smelters, lead-acid battery 
manufacturing, and lead chemical manufacturing (e.g., manufacturing of 
lead oxide or other lead compounds).
---------------------------------------------------------------------------

Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums, cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and solids
Emission control dusts, sludges, filter cakes, residues, and solids from 
lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials

 B. Exempt Lead-Bearing Materials When Generated or Originally Produced 
                             By Any Industry

Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust

[56 FR 42517, Aug. 27, 1991]



Sec. Appendix XII to Part 266--Nickel or Chromium-Bearing Materials that 
      may be Processed in Exempt Nickel-Chromium Recovery Furnaces

    A. Exempt Nickel or Chromium-Bearing Materials when Generated by 
           Manufacturers or Users of Nickel, Chromium, or Iron

Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used 
to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels

  B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any 
                                Industry

Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the 
specialty steel industry \1\
---------------------------------------------------------------------------

    \1\ If a hazardous waste under an authorized State program.
---------------------------------------------------------------------------

Filter cake from nickel-chromium alloy pickling operations \1\

[56 FR 42517, Aug. 27, 1991]



   Sec. Appendix XIII to Part 266--Mercury Bearing Wastes That May Be 
               Processed in Exempt Mercury Recovery Units

    These are exempt mercury-bearing materials with less than 500 ppm of 
40 CFR Part 261, appendix VIII organic constituents when generated by 
manufacturers or users of mercury or mercury products.
1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated containers
10. Laboratory and process control samples

[[Page 135]]

11. K106 and other wastewater treatment plant sludge and filter cake
12. Mercury cell sump and tank sludge
13. Mercury cell process solids
14. Recoverable levels of mercury contained in soil

[59 FR 48042, Sept. 19, 1994, as amended at 71 FR 40278, July 14, 2006]



PART 267_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT--
Table of Contents



                            Subpart A_General

Sec.
267.1 What are the purpose, scope and applicability of this part?
267.2 What is the relationship to interim status standards?
267.3 How does this part affect an imminent hazard action?

                  Subpart B_General Facility Standards

267.10 Does this subpart apply to me?
267.11 What must I do to comply with this subpart?
267.12 How do I obtain an identification number?
267.13 What are my waste analysis requirements?
267.14 What are my security requirements?
267.15 What are my general inspection requirements?
267.16 What training must my employees have?
267.17 What are the requirements for managing ignitable, reactive, or 
          incompatible wastes?
267.18 What are the standards for selecting the location of my facility?

                  Subpart C_Preparedness and Prevention

267.30 Does this subpart apply to me?
267.31 What are the general design and operation standards?
267.32 What equipment am I required to have?
267.33 What are the testing and maintenance requirements for the 
          equipment?
267.34 When must personnel have access to communication equipment or an 
          alarm system?
267.35 How do I ensure access for personnel and equipment during 
          emergencies?
267.36 What arrangements must I make with local authorities for 
          emergencies?

           Subpart D_Contingency Plan and Emergency Procedures

267.50 Does this subpart apply to me?
267.51 What is the purpose of the contingency plan and how do I use it?
267.52 What must be in the contingency plan?
267.53 Who must have copies of the contingency plan?
267.54 When must I amend the contingency plan?
267.55 What is the role of the emergency coordinator?
267.56 What are the required emergency procedures for the emergency 
          coordinator?
267.57 What must the emergency coordinator do after an emergency?
267.58 What notification and recordkeeping must I do after an emergency?

   Subpart E_Manifest System, Recordkeeping, Reporting, and Notifying

267.70 Does this subpart apply to me?
267.71 Use of the manifest system.
267.72 Manifest discrepancies.
267.73 What information must I keep?
267.74 Who sees the records?
267.75 What reports must I prepare and to whom do I send them?
267.76 What notifications must I make?

          Subpart F_Releases from Solid Waste Management Units

267.90 Who must comply with this section?
267.91-267.100 [Reserved]
267.101 What must I do to address corrective action for solid waste 
          management units?

                            Subpart G_Closure

267.110 Does this subpart apply to me?
267.111 What general standards must I meet when I stop operating the 
          unit?
267.112 What procedures must I follow?
267.113 Will the public have the opportunity to comment on the plan?
267.114 [Reserved]
267.115 After I stop operating, how long until I must close?
267.116 What must I do with contaminated equipment, structure, and 
          soils?
267.117 How do I certify closure?

                    Subpart H_Financial Requirements

267.140 Who must comply with this subpart, and briefly, what do they 
          have to do?
267.141 Definitions of terms as used in this subpart.
267.142 Cost estimate for closure.
267.143 Financial assurance for closure.
267.144-267.146 [Reserved]
267.147 Liability requirements.
267.148 Incapacity of owners or operators, guarantors, or financial 
          institutions.
267.149 [Reserved]
267.150 State assumption of responsibility.
267.151 Wording of the instruments

[[Page 136]]

               Subpart I_Use and Management of Containers

267.170 Does this subpart apply to me?
267.171 What standards apply to the containers?
267.172 What are the inspection requirements?
267.173 What standards apply to the container storage areas?
267.174 What special requirements must I meet for ignitable or reactive 
          waste?
267.175 What special requirements must I meet for incompatible wastes?
267.176 What must I do when I want to stop using the containers?
267.177 What air emission standards apply?

                         Subpart J_Tank Systems

267.190 Does this subpart apply to me?
267.191 What are the required design and construction standards for new 
          tank systems or components?
267.192 What handling and inspection procedures must I follow during 
          installation of new tank systems?
267.193 What testing must I do?
267.194 What installation requirements must I follow?
267.195 What are the secondary containment requirements?
267.196 What are the required devices for secondary containment and what 
          are their design, operating and installation requirements?
267.197 What are the requirements for ancillary equipment?
267.198 What are the general operating requirements for my tank systems?
267.199 What inspection requirements must I meet?
267.200 What must I do in case of a leak or a spill?
267.201 What must I do when I stop operating the tank system?
267.202 What special requirements must I meet for ignitable or reactive 
          wastes?
267.203 What special requirements must I meet for incompatible wastes?
267.204 What air emission standards apply?

Subparts K-CC [Reserved]

                    Subpart DD_Containment buildings

267.1100 Does this subpart apply to me?
267.1101 What design and operating standards must my containment 
          building meet?
267.1102 What other requirements must I meet to prevent releases?
267.1103 What additional design and operating standards apply if liquids 
          will be in my containment building?
267.1104 How may I obtain a waiver from secondary containment 
          requirements?
267.1105 What do I do if my containment building contains areas both 
          with and without secondary containment?
267.1106 What do I do if I detect a release?
267.1107 Can a containment building itself be considered secondary 
          containment?
267.1108 What must I do when I stop operating the containment building?

    Authority: 42 U.S.C. 6902, 6912(a), 6924-6926, and 6930.

    Source: 70 FR 53453, Sept. 8, 2005, unless otherwise noted.



                            Subpart A_General



Sec. 267.1  What are the purpose, scope and applicability of this part?

    (a) The purpose of this part is to establish minimum national 
standards which define the acceptable management of hazardous waste 
under a 40 CFR part 270, subpart J standardized permit.
    (b) This part applies to owners and operators of facilities who 
treat or store hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided otherwise in 40 CFR part 261, 
subpart A, or 40 CFR 264.1(f) and (g).



Sec. 267.2  What is the relationship to interim status standards?

    If you are 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 40 CFR 270.70--you must comply with the 
regulations specified in 40 CFR part 265 instead of the regulations in 
this part, until final administrative disposition of the standardized 
permit application is made, except as provided under 40 CFR part 264, 
subpart S.



Sec. 267.3  How does this part affect an imminent hazard action?

    Notwithstanding any other provisions of this part, enforcement 
actions may be brought pursuant to section 7003 of RCRA.



                  Subpart B_General Facility Standards



Sec. 267.10  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or

[[Page 137]]

stores hazardous waste under a 40 CFR part 270, subpart J standardized 
permit, except as provided in Sec. 267.1(b).



Sec. 267.11  What must I do to comply with this subpart?

    To comply with this subpart, you must obtain an identification 
number, and follow the requirements below for waste analysis, security, 
inspections, training, special waste handling, and location standards.



Sec. 267.12  How do I obtain an identification number?

    You must apply to EPA for an EPA identification number following the 
EPA notification procedures and using EPA form 8700-12. You may obtain 
information and required forms from your state hazardous waste 
regulatory agency or from your EPA regional office.



Sec. 267.13  What are my waste analysis requirements?

    (a) Before you treat or store any hazardous wastes, you 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 
needed to treat or store the waste to comply with this part and 40 CFR 
part 268.
    (1) You may include data in the analysis that was developed under 40 
CFR part 261, and published or documented data on the hazardous waste or 
on hazardous waste generated from similar processes.
    (2) You must repeat the analysis as necessary to ensure that it is 
accurate and up to date. At a minimum, you must repeat the analysis if 
the process or operation generating the hazardous wastes has changed.
    (b) You must develop and follow a written waste analysis plan that 
describes the procedures you will follow to comply with paragraph (a) of 
this section. You must keep this plan at the facility. If you receive 
wastes generated from off-site, and are eligible for a standardized 
permit, you also must have submitted the waste analysis plan with the 
Notice of Intent. At a minimum, the plan must specify all of the 
following:
    (1) The hazardous waste parameters that you will analyze and the 
rationale for selecting these parameters (that is, 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 you will use to test for these parameters.
    (3) The sampling method you will use to obtain a representative 
sample of the waste to be analyzed. You may obtain a representative 
sample using either:
    (i) One of the sampling methods described in appendix I of 40 CFR 
part 261; or
    (ii) An equivalent sampling method.
    (4) How frequently you will review or repeat the initial analysis of 
the waste to ensure that the analysis is accurate and up to date.
    (5) Where applicable, the methods you will use to meet the 
additional waste analysis requirements for specific waste management 
methods as specified in 40 CFR 264.17, 264.1034(d), 264.1063(d), and 
264.1083.



Sec. 267.14  What are my security requirements?

    (a) You must prevent, and minimize the possibility for, livestock 
and unauthorized people from entering the active portion of your 
facility.
    (b) Your facility must have:
    (1) A 24-hour surveillance system (for example, television 
monitoring or surveillance by guards or facility personnel) that 
continuously monitors and controls entry onto the active portion of the 
facility; or
    (2) An artificial or natural barrier (for example, a fence in good 
repair or a fence combined with a cliff) that completely surrounds the 
active portion of the facility; and
    (3) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (for example, an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).
    (c) You must post a sign at each entrance to the active portion of a 
facility, and at other prominent locations, in sufficient numbers to be 
seen from any approach to this active portion.

[[Page 138]]

The sign must bear the legend ``Danger--Unauthorized Personnel Keep 
Out.'' The legend must be in English and in any other language 
predominant in the area surrounding the facility (for example, 
facilities in counties bordering the Canadian province of Quebec must 
post signs in French, and facilities in counties bordering Mexico must 
post signs in Spanish), and must be legible from a distance of at least 
25 feet. You may use existing signs with a legend other than ``Danger--
Unauthorized Personnel Keep Out'' 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.



Sec. 267.15  What are my general inspection requirements?

    (a) You must inspect your facility for malfunctions and 
deterioration, operator errors, and discharges that may be causing, or 
may lead to:
    (1) Release of hazardous waste constituents to the environment; or
    (2) A threat to human health. You must conduct these inspections 
often enough to identify problems in time to correct them before they 
result in harm to human health or the environment.
    (b) You 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.
    (1) You must keep this schedule at the facility.
    (2) The schedule must identify the equipment and devices you will 
inspect and what problems you look for, such as malfunctions or 
deterioration of equipment (for example, inoperative sump pump, leaking 
fitting, etc.).
    (3) The frequency of your inspections 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 any 
operator error goes undetected between inspections. Areas subject to 
spills, such as loading and unloading areas, must be inspected daily 
when in use. At a minimum, the inspection schedule must include the 
items and frequencies required in Sec. Sec. 267.174, 267.193, 267.195, 
267.1103, and 40 CFR 264.1033, 264.1052, 264.1053, 264.1058, and 
264.1083 through 264.1089, where applicable.
    (c) You must remedy any deterioration or malfunction of equipment or 
structures that the inspection reveals in time to prevent any 
environmental or human health hazard. Where a hazard is imminent or has 
already occurred, you must take remedial action immediately.
    (d) You must record all inspections. You must keep these records for 
at least three years from the date of inspection. At a minimum, you 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.



Sec. 267.16  What training must my employees have?

    (a) Your 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. You must ensure that this program 
includes all the elements described in the documents that are required 
under paragraph (d)(3) of this section.
    (1) A person trained in hazardous waste management procedures must 
direct this program, and must teach facility personnel hazardous waste 
management procedures (including contingency plan implementation) 
relevant to their employment positions.
    (2) At a minimum, the training program must be designed to ensure 
that facility personnel are able to respond effectively to emergencies 
by including instruction on emergency procedures, emergency equipment, 
and emergency systems, including all of the following, where applicable:
    (i) Procedures for using, inspecting, repairing, and replacing 
facility emergency and monitoring equipment

[[Page 139]]

    (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.
    (vi) Shutdown of operations.
    (b) Facility personnel must successfully complete the program 
required in paragraph (a) of this section within 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 your standardized permit 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) You must maintain the following documents and records at your 
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 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 facility personnel have received and 
completed the training or job experience required under paragraphs (a), 
(b), and (c) of this section.
    (e) You must keep training records on current personnel until your 
facility closes. You must keep training records on former employees for 
at least three years from the date the employee last worked at your 
facility. Personnel training records may accompany personnel transferred 
within your company.



Sec. 267.17  What are the requirements for managing ignitable, 
reactive, or incompatible wastes?

    (a) You must take precautions to prevent accidental ignition or 
reaction of ignitable or reactive waste by following these requirements:
    (1) You must separate these wastes and protect them from sources of 
ignition or reaction such as: open flames, smoking, cutting and welding, 
hot surfaces, frictional heat, sparks (static, electrical, or 
mechanical), spontaneous ignition (for example, from heat-producing 
chemical reactions), and radiant heat.
    (2) While ignitable or reactive waste is being handled, you must 
confine smoking and open flames to specially designated locations.
    (3) ``No Smoking'' signs must be conspicuously placed wherever there 
is a hazard from ignitable or reactive waste.
    (b) If you treat or store ignitable or reactive waste, or mix 
incompatible waste or incompatible wastes and other materials, you must 
take precautions to prevent reactions that:
    (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) Threaten human health or the environment in any similar way.
    (c) You must document compliance with paragraph (a) or (b) of this 
section. You may base this documentation on references to published 
scientific or engineering literature, data from trial tests (for example 
bench scale or pilot scale tests), waste analyses (as specified in Sec. 
267.13), or the results of the treatment of similar wastes by similar 
treatment processes and under similar operating conditions.



Sec. 267.18  What are the standards for selecting the location of my facility?

    (a) You may not locate portions of new facilities where hazardous 
waste

[[Page 140]]

will be treated or stored within 61 meters (200 feet) of a fault that 
has had displacement in Holocene time.
    (1) ``Fault'' means a fracture along which rocks on one side have 
been displaced with respect to those on the other side.
    (2) ``Displacement'' means the relative movement of any two sides of 
a fault measured in any direction.
    (3) ``Holocene'' means the most recent epoch of the Quaternary 
period, extending from the end of the Pleistocene to the present.

    Note to paragraph (a)(3): Procedures for demonstrating compliance 
with this standard are specified in 40 CFR 270.14(b)(11). Facilities 
which are located in political jurisdictions other than those listed in 
appendix VI of 40 CFR part 264, are assumed to be in compliance with 
this requirement.

    (b) If your facility is located in a 100-year flood plain, it must 
be designed, constructed, operated, and maintained to prevent washout of 
any hazardous waste by a 100-year flood.
    (1) ``100-year flood plain'' means any land area that is subject to 
a one percent or greater chance of flooding in any given year from any 
source.
    (2) ``Washout'' means the movement of hazardous waste from the 
active portion of the facility as a result of flooding.
    (3) ``100-year flood'' means a flood that has a one percent chance 
of being equaled or exceeded in any given year.



                  Subpart C_Preparedness and Prevention



Sec. 267.30  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.31  What are the general design and operation standards?

    You must design, construct, maintain, and operate your facility 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 that could threaten human health or the 
environment.



Sec. 267.32  What equipment am I required to have?

    Your facility must be equipped with all of 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.
    (d) Water at adequate volume and pressure to supply water hose 
streams, or foam-producing equipment, or automatic sprinklers, or water 
spray systems.



Sec. 267.33  What are the testing and maintenance requirements 
for the equipment?

    You must test and maintain all required facility communications or 
alarm systems, fire protection equipment, spill control equipment, and 
decontamination equipment, as necessary, to assure its proper operation 
in time of emergency.



Sec. 267.34  When must personnel have access to communication 
equipment or an 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 device is not required under Sec. 267.32.
    (b) If just one employee is on the premises while the facility is 
operating, that person must have immediate access to a device, such as a 
telephone (immediately available at the scene of operation) or a hand-
held two-

[[Page 141]]

way radio, capable of summoning external emergency assistance, unless 
not required under Sec. 267.32.



Sec. 267.35  How do I ensure access for personnel and equipment
during emergencies?

    You must maintain enough 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, as appropriate, considering the type of waste 
being stored or treated.



Sec. 267.36  What arrangements must I make with local authorities 
for emergencies?

    (a) You must attempt to make the following arrangements, as 
appropriate, for the type of waste handled at your 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) Agreements designating primary emergency authority to a specific 
police and a specific fire department where more than one police and 
fire department might respond to an emergency, 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.
    (4) Arrangements to familiarize local hospitals with the properties 
of hazardous waste handled at the facility and the types of injuries or 
illnesses that could result from fires, explosions, or releases at the 
facility.
    (b) If State or local authorities decline to enter into such 
arrangements, you must document the refusal in the operating record.



           Subpart D_Contingency Plan and Emergency Procedures



Sec. 267.50  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.51  What is the purpose of the contingency plan and how do I use it?

    (a) You must have a contingency plan for your facility. You must 
design the plan 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) You must implement the provisions of the plan immediately 
whenever there is a fire, explosion, or release of hazardous waste or 
hazardous waste constituents which could threaten human health or the 
environment.



Sec. 267.52  What must be in the contingency plan?

    (a) Your contingency plan must:
    (1) Describe the actions facility personnel will take to comply with 
Sec. Sec. 267.51 and 267.56 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.
    (2) Describe all arrangements agreed upon under Sec. 267.36 by 
local police departments, fire departments, hospitals, contractors, and 
state and local emergency response teams to coordinate emergency 
services.
    (3) List names, addresses, and phone numbers (office and home) of 
all persons qualified to act as emergency coordinator (see Sec. 
267.55), and you must keep the list 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.
    (4) Include a current list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external),

[[Page 142]]

and decontamination equipment), where this equipment is required. In 
addition, you must include the location and a physical description of 
each item on the list, and a brief outline of its capabilities.
    (5) Include an evacuation plan for facility personnel where there is 
a possibility that evacuation could be necessary. You 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).
    (b) If you have already prepared a Spill Prevention, Control, and 
Countermeasures (SPCC) Plan under 40 CFR part 112, or some other 
emergency or contingency plan, you need only amend that plan to 
incorporate hazardous waste management provisions that will comply with 
the requirements of this part.



Sec. 267.53  Who must have copies of the contingency plan?

    (a) You must maintain a copy of the plan with all revisions at the 
facility; and
    (b) You must submit a copy with all revisions to all local police 
departments, fire departments, hospitals, and state and local emergency 
response teams that may be called upon to provide emergency services.



Sec. 267.54  When must I amend the contingency plan?

    You must review, and immediately amend the contingency plan, if 
necessary, whenever:
    (a) The facility permit is revised.
    (b) The plan fails in an emergency.
    (c) You change the facility (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) You change the list of emergency coordinators.
    (e) You change the list of emergency equipment.



Sec. 267.55  What is the role of the emergency coordinator?

    At least one employee must be either on the facility premises or on 
call at all times (that is, available to respond to an emergency by 
reaching the facility within a short period of time) who has 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.



Sec. 267.56  What are the required emergency procedures for 
the emergency coordinator?

    (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 alarm 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:
    (1) 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.
    (2) 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. For example, the assessment would consider 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 143]]

    (c) 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, 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 the reporter.
    (ii) Name and address of facility.
    (iii) Time and type of incident (for example, a release or a fire).
    (iv) Name and quantity of material(s) involved, to the extent known.
    (v) The extent of injuries, if any.
    (vi) The possible hazards to human health or the environment outside 
the facility.
    (d) 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.
    (e) 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, when appropriate.



Sec. 267.57  What must the emergency coordinator do after an emergency?

    (a) 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.
    (b) 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.
    (2) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.



Sec. 267.58  What notification and recordkeeping must I do 
after an emergency?

    (a) You must notify the Regional Administrator, and appropriate 
State and local authorities, that the facility is in compliance with 
Sec. 267.57(b) before operations are resumed in the affected area(s) of 
the facility.
    (b) You must note the time, date, and details of any incident that 
requires implementing the contingency plan in the operating record. 
Within 15 days after the incident, you must submit a written report on 
the incident to the Regional Administrator. You must include the 
following in the report:
    (1) The name, address, and telephone number of the owner or 
operator.
    (2) The name, address, and telephone number of the facility.
    (3) The date, time, and type of incident (e.g., fire, explosion).
    (4) The 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.
    (7) The estimated quantity and disposition of recovered material 
that resulted from the incident.



            Subpart E_Recordkeeping, Reporting, and Notifying



Sec. 267.70  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
stores or non-thermally treats a hazardous waste under a 40 CFR part 
270, subpart J standardized permit, except as provided in Sec. 
267.1(b). In addition, you must comply with the manifest requirements of 
40 CFR part 262 whenever a shipment of hazardous waste is initiated from 
your facility.

[[Page 144]]



Sec. 267.71  Use of the manifest system.

    (a) If a facility receives hazardous waste accompanied by a 
manifest, the owner or operator, or his agent, must:
    (1) Sign and date each copy of the manifest to certify that the 
hazardous waste covered by the manifest was received;
    (2) Note any significant discrepancies in the manifest (as defined 
in Sec. 267.72(a)) on each copy of the manifest;
    (3) Immediately give the transporter at least one copy of the signed 
manifest;
    (4) Within 30 days after the delivery, send a copy of the manifest 
to the generator;
    (5) Retain at the facility a copy of each manifest for at least 
three years from the date of delivery; and
    (6) If a facility receives hazardous waste subject to 40 CFR part 
262, subpart H from a foreign source, the receiving facility must:
    (i) Additionally list the relevant consent number from consent 
documentation supplied by EPA to the facility for each waste listed on 
the manifest, matched to the relevant list number for the waste from 
block 9b. If additional space is needed, the receiving facility should 
use a Continuation Sheet(s) (EPA Form 8700-22A); and
    (ii) Mail a copy of the manifest to EPA using the addresses listed 
in 40 CFR 262.82(e) within thirty (30) days of delivery until the 
facility can submit such a copy to the e-Manifest system per 40 CFR 
264.71(a)(2)(v) or 265.71(a)(2)(v).
    (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. 
267.72(a)) in the manifest or shipping paper (if the manifest has not 
been received) on each copy of the manifest or shipping paper. Note that 
the Agency does not intend that the owner or operator of a facility 
whose procedures under Sec. 267.13(c) include waste analysis must 
perform that analysis before signing the shipping paper and giving it to 
the transporter. Section 267.72(b), however, requires reporting an 
unreconciled discrepancy discovered during later analysis.
    (3) Immediately give the rail or water (bulk shipment) transporter 
at least one copy of the manifest or shipping paper (if the manifest has 
not been received);
    (4) Within 30 days after the delivery, send a copy of the signed and 
dated manifest to the generator; however, if the manifest has not been 
received within 30 days after delivery, the owner or operator, or his 
agent, must send a copy of the shipping paper signed and dated to the 
generator. Note that Sec. 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); and
    (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. The Agency notes that the 
provisions of Sec. 262.16 or 262.17 are applicable to the on-site 
accumulation of hazardous wastes by generators. Therefore, the 
provisions of Sec. 262.16 or 262.17 only apply to owners or operators 
who are shipping hazardous waste which they generated at that facility.
    (d) As per 40 CFR 262.84(d)(2)(xv), within three (3) working days of 
the receipt of a shipment subject to 40 CFR part 262, subpart H, the 
owner or operator of a facility must provide a copy of the movement 
document bearing all required signatures to the foreign exporter; to the 
competent authorities of the countries of export and transit that 
control the shipment as an export and transit shipment of hazardous 
waste

[[Page 145]]

respectively; and on or after the electronic import-export reporting 
compliance date, to EPA electronically using EPA's Waste Import Export 
Tracking System (WIETS), or its successor system. The original copy of 
the movement document must be maintained at the facility for at least 
three (3) years from the date of signature. The owner or operator of a 
facility may satisfy this recordkeeping requirement by retaining 
electronically submitted documents in the facility's account on EPA's 
Waste Import Export Tracking System (WIETS), or its successor system, 
provided that copies are readily available for viewing and production if 
requested by any EPA or authorized state inspector. No owner or operator 
of a facility may be held liable for the inability to produce the 
documents for inspection under this section if the owner or operator of 
a facility can demonstrate that the inability to produce the document is 
due exclusively to technical difficulty with EPA's Waste Import Export 
Tracking System (WIETS), or its successor system, for which the owner or 
operator of a facility bears no responsibility.

[70 FR 53453, Sept. 8, 2005, as amended at 81 FR 85728, Nov. 28, 2016; 
81 FR 85827, Nov. 28, 2016]



Sec. 267.72  Manifest discrepancies.

    (a) Manifest discrepancies are differences between the quantity or 
type of hazardous waste designated on the manifest or shipping paper, 
and the quantity or type of hazardous waste a facility actually 
receives. Significant discrepancies in quantity are:
    (1) For bulk waste, variations greater than 10 percent in weight; 
and
    (2) For batch waste, any variation in piece count, such as a 
discrepancy of one drum in a truckload. Significant discrepancies in 
type are obvious differences which can be discovered by inspection or 
waste analysis, such as waste solvent substituted for waste acid, or 
toxic constituents not reported on the manifest or shipping paper.
    (b) Upon discovering a significant discrepancy, the owner or 
operator must attempt to reconcile the discrepancy with the waste 
generator or transporter (e.g., with telephone conversations). If the 
discrepancy is not resolved within 15 days after receiving the waste, 
the owner or operator must immediately submit to the Regional 
Administrator a letter describing the discrepancy and attempts to 
reconcile it, and a copy of the manifest or shipping paper at issue.



Sec. 267.73  What information must I keep?

    (a) You must keep a written operating record at your facility.
    (b) You must record the following information, as it becomes 
available, and maintain the operating record until you close the 
facility:
    (1) A description and the quantity of each type of hazardous waste 
generated, and the method(s) and date(s) of its storage and/or treatment 
at the facility as required by Appendix I of 40 CFR part 264;
    (2) The location of each hazardous waste within the facility and the 
quantity at each location;
    (3) Records and results of waste analyses and waste determinations 
you perform as specified in Sec. Sec. 267.13, 267.17, and 40 CFR 
264.1034, 264.1063, 264.1083, and 268.7;
    (4) Summary reports and details of all incidents that require you to 
implement the contingency plan as specified in Sec. 267.58(b));
    (5) Records and results of inspections as required by Sec. 
267.15(d) (except you need to keep these data for only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
when required by subpart F of this part and Sec. Sec. 267.191, 267.193, 
267.195, and 40 CFR 264.1034(c) through 264.1034(f), 264.1035, 
264.1063(d) through 264.1063(i), 264.1064, 264.1088, 264.1089, and 
264.1090;
    (7) All closure cost estimates under Sec. 267.142;
    (8) Your certification, at least annually, that you have a program 
in place to reduce the volume and toxicity of hazardous waste that you 
generate to the degree that you determine to be economically 
practicable; and that the proposed method of treatment or storage is 
that practicable method currently available to you that minimizes the 
present and future threat to human health and the environment;

[[Page 146]]

    (9) 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 you under 40 CFR 268.7; and
    (10) For an on-site storage facility, the information in the notice 
(except the manifest number), and the certification and demonstration, 
if applicable, required by you under 40 CFR 268.7.
    (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 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.



Sec. 267.74  Who sees the records?

    (a) You must furnish all records, including plans, required under 
this part upon the request of any officer, employee, or representative 
of EPA who is duly designated by the Administrator, and make them 
available at all reasonable times for inspection.
    (b) The retention period for all records required under this part is 
extended automatically during the course of any unresolved enforcement 
action involving the facility or as requested by the Administrator.



Sec. 267.75  What reports must I prepare and to whom do I send them?

    You must prepare a biennial report and other reports listed in 
paragraph (b) of this section.
    (a) Biennial report. You 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:
    (1) The EPA identification number, name, and address of the 
facility;
    (2) The calendar year covered by the report;
    (3) The method of treatment or storage for each hazardous waste;
    (4) The most recent closure cost estimate under Sec. 267.142;
    (5) A description of the efforts undertaken during the year to 
reduce the volume and toxicity of generated waste.
    (6) 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.
    (7) The certification signed by you.
    (b) Additional reports. In addition to submitting the biennial 
reports, you must also report to the Regional Administrator:
    (1) Releases, fires, and explosions as specified in Sec. 267.58(b);
    (2) Facility closures specified in Sec. 267.117; and
    (3) As otherwise required by subparts I, J, and DD of this part and 
part 264, subparts AA, BB, CC.
    (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.



Sec. 267.76  What notifications must I make?

    Before transferring ownership or operation of a facility during its 
operating life, you must notify the new owner or operator in writing of 
the requirements of this part and 40 CFR part 270, subpart J.



          Subpart F_Releases from Solid Waste Management Units



Sec. 267.90  Who must comply with this section?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b), or

[[Page 147]]

unless your facility already has a permit that imposes requirements for 
corrective action under 40 CFR 264.101.



Sec. Sec. 267.91-267.100  [Reserved]



Sec. 267.101  What must I do to address corrective action
for solid waste management units?

    (a) You 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) The Regional Administrator will specify corrective action in the 
supplemental portion of your standardized permit in accordance with this 
section and 40 CFR part 264, subpart S. The Regional Administrator will 
include in the supplemental portion of your standardized permit 
schedules of compliance for corrective action (where corrective action 
cannot be completed prior to issuance of the permit) and assurances of 
financial responsibility for completing corrective action.
    (c) You must implement corrective action beyond the facility 
property boundary, where necessary to protect human health and the 
environment, unless you demonstrate to the satisfaction of the Regional 
Administrator that, despite your best efforts, you were unable to obtain 
the necessary permission to undertake such actions. You are 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. You 
must provide assurances of financial responsibility for such corrective 
action.
    (d) You do not have to comply with this section if you are the owner 
or operator of a remediation waste site unless your site is part of a 
facility that is subject to a permit for treating, storing, or disposing 
of hazardous wastes that are not remediation wastes.



                            Subpart G_Closure



Sec. 267.110  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste under a 40 CFR part 270, subpart J 
standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.111  What general standards must I meet when 
I stop operating the unit?

    You must close the storage and treatment units 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) Meets the closure requirements of this subpart and the 
requirements of Sec. Sec. 267.176, 267.201, and 267.1108. If you 
determine that, when applicable, the closure requirements of Sec. 
267.201(tanks) or Sec. 267.1108 (containment buildings) cannot be met, 
then you must close the unit in accordance with the requirements that 
apply to landfills (Sec. 264.310). In addition, for the purposes of 
post-closure and financial responsibility, such a tank system or 
containment building is then considered to be a landfill, and you must 
apply for a post-closure care permit in accordance with 40 CFR part 270.



Sec. 267.112  What procedures must I follow?

    (a) To close a facility, you must follow your approved closure plan, 
and follow notification requirements.
    (1) Your closure plan must be submitted at the time you submitted 
your Notice of Intent to operate under a standardized permit. Final 
issuance of the standardized permit constitutes approval of the closure 
plan, and the plan becomes a condition of the RCRA standardized permit.
    (2) The Director's approval of the plan must ensure that the 
approved plan is consistent with Sec. Sec. 267.111

[[Page 148]]

through 267.115, 267.176, 267.201, and 267.1108.
    (b) Satisfy the requirements for content of closure plan. The 
closure plan must identify steps necessary to perform partial and/or 
final closure of the facility. The closure plan must include, at least:
    (1) A description of how each hazardous waste management unit at the 
facility subject to this subpart will be closed following Sec. 267.111.
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 267.111. The description must 
identify the maximum extent of the operations which will be unclosed 
during the active life of the facility.
    (3) An estimate of the maximum inventory of hazardous wastes ever on 
site during the active life of the facility and a detailed description 
of the methods you will use during partial and/or final closure, such as 
methods for removing, transporting, treating, storing, or disposing of 
all hazardous wastes, and identification of the type(s) of off-site 
hazardous waste management units to be used, if applicable.
    (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 or 
final closure. These might include 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;
    (5) A detailed description of other activities necessary during the 
closure period to ensure that partial or final closure satisfies the 
closure performance standards.
    (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 
that allow tracking of progress of partial or final closure.
    (7) For facilities that use trust funds to establish financial 
assurance under Sec. 267.143 and that are expected to close prior to 
the expiration of the permit, an estimate of the expected year of final 
closure.
    (c) You may submit a written notification to the Director for a 
permit modification to amend the closure plan at any time prior to the 
notification of partial or final closure of the facility, following the 
applicable procedures in 40 CFR 124.211.
    (1) Events leading to a change in the closure plan, and therefore 
requiring a modification, may include:
    (i) A change in the operating plan or facility design;
    (ii) A change in the expected year of closure, if applicable; or
    (iii) In conducting partial or final closure activities, an 
unexpected event requiring a modification of the approved closure plan.
    (2) The written notification or request must include a copy of the 
amended closure plan for review or approval by the Director. The 
Director will approve, disapprove, or modify this amended plan in 
accordance with the procedures in 40 CFR 124.211 and 270.320.
    (d) Notification before final closure. (1) You must notify the 
Director in writing at least 45 days before the date that you expect to 
begin final closure of a treatment or storage tank, container storage 
area, or containment building.
    (2) The date when you ``expect to begin closure'' must be no later 
than 30 days after the date that any hazardous waste management unit 
receives the known final volume of hazardous wastes.
    (3) If your facility's permit is terminated, or if you are 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 (d) do not apply. However, you must close the facility 
following the deadlines established in Sec. 267.115.



Sec. 267.113  Will the public have the opportunity to comment on the plan?

    (a) The Director will provide you and the public, when the draft 
standardized permit is public noticed, the opportunity to submit written 
comments on

[[Page 149]]

the plan and to the draft permit as allowed by 40 CFR 124.208. The 
Director will also, in response to a request or at his/her own 
discretion, hold a public hearing whenever such a hearing might clarify 
one or more issues concerning the closure plan, and the permit.
    (b) The Director will give public notice of the hearing 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.



Sec. 267.114  [Reserved]



Sec. 267.115  After I stop operating, how long until I must close?

    (a) Within 90 days after the final volume of hazardous waste is sent 
to a unit, you must treat or remove from the unit all hazardous wastes 
following the approved closure plan.
    (b) You must complete final closure activities in accordance with 
the approved closure plan within 180 days after the final volume of 
hazardous wastes is sent to the unit. The Director may approve an 
extension of 180 days to the closure period if you comply with all 
applicable requirements for requesting a modification to the permit and 
demonstrate that:
    (1) The final closure activities will take longer than 180 days to 
complete due to circumstances beyond your control, excluding ground 
water contamination; and
    (2) You have 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.
    (3) The demonstration must be made at least 30 days prior to the 
expiration of the initial 180-day period.
    (c) Nothing in this section precludes you from removing hazardous 
wastes and decontaminating or dismantling equipment in accordance with 
the approved final closure plan at any time before or after notification 
of final closure.



Sec. 267.116  What must I do with contaminated equipment,
structure, and soils?

    You must properly dispose of or decontaminate all contaminated 
equipment, structures, and soils during the partial and final closure 
periods. By removing any hazardous wastes or hazardous constituents 
during partial and final closure, you may become a generator of 
hazardous waste and must handle that waste following all applicable 
requirements of 40 CFR part 262.



Sec. 267.117  How do I certify closure?

    Within 60 days of the completion of final closure of each unit under 
a part 270 subpart J standardized permit, you must submit to the 
Director, by registered mail, a certification that each hazardous waste 
management unit or facility, as applicable, has been closed following 
the specifications in the closure plan. Both you and an independent 
registered professional engineer must sign the certification. You must 
furnish documentation supporting the independent registered professional 
engineer's certification to the Director upon request until he releases 
you from the financial assurance requirements for closure under Sec. 
267.143(i).



                    Subpart H_Financial Requirements



Sec. 267.140  Who must comply with this subpart, and briefly,
what do they have to do?

    (a) The regulations in this subpart apply to owners and operators 
who treat or store hazardous waste under a standardized permit, except 
as provided in Sec. 267.1(b), or Sec. 267.140(d) below.
    (b) The owner or operator must:
    (1) Prepare a closure cost estimate as required in Sec. 267.142;
    (2) Demonstrate financial assurance for closure as required in Sec. 
267.143; and
    (3) Demonstrate financial assurance for liability as required in 
Sec. 267.147.
    (c) The owner or operator must notify the Regional Administrator if 
the owner or operator is named as a debtor in a bankruptcy proceeding 
under Title 11 (Bankruptcy), U.S. Code (See also Sec. 267.148).

[[Page 150]]

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



Sec. 267.141  Definitions of terms as used in this subpart.

    (a) Closure plan means the plan for closure prepared in accordance 
with the requirements of Sec. 267.112.
    (b) Current closure cost estimate means the most recent of the 
estimates prepared in accordance with Sec. 267.142 (a), (b), and (c).
    (c) [Reserved]
    (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) [Reserved]
    (f) The following terms are used in the specifications for the 
financial tests for closure 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 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 chapter.
    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.
    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets would not include intangibles such as 
goodwill and rights to patents or royalties.
    (g) In the liability insurance requirements, the terms bodily injury 
and property damage shall have the meanings given these terms by 
applicable State law. However, these terms do not include those 
liabilities which, consistent with standard industry practices, are 
excluded from coverage in liability policies for bodily injury and 
property damage. The Agency intends the meanings of other terms used in 
the liability insurance requirements to be consistent with their common 
meanings within the insurance industry. The definitions given below of 
several of the terms are intended to assist in the understanding of 
these regulations and are not intended to limit their meanings in a way 
that conflicts with general insurance industry usage.
    Accidental occurrence means an accident, including continuous or 
repeated exposure to conditions, which results in bodily injury or 
property damage neither expected nor intended from the standpoint of the 
insured.
    Legal defense costs means any expenses that an insurer incurs in 
defending against claims of third parties brought under the terms and 
conditions of an insurance policy.
    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.



Sec. 267.142  Cost estimate for closure.

    (a) The owner or operator must have at the facility a detailed 
written estimate, in current dollars, of the cost of closing the 
facility in accordance with the requirements in Sec. Sec. 267.111 
through 267.115 and applicable closure requirements in Sec. Sec. 
267.176, 267.201, 267.1108.
    (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

[[Page 151]]

closure the most expensive, as indicated by the closure plan (see Sec. 
267.112(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. 267.141(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, 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 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. 267.143. 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. 
267.143(f)(2)(iii). 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 
Domestic 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 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. 267.142(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 paragraphs (a) and (c) of this 
section and, when this estimate has been adjusted in accordance with 
paragraph (b) of this section, the latest adjusted closure cost 
estimate.



Sec. 267.143  Financial assurance for closure.

    The owner or operator must establish financial assurance for closure 
of each storage or treatment unit that he owns or operates. In 
establishing financial assurance for closure, the owner or operator must 
choose from the financial assurance mechanisms in paragraphs (a), (b), 
(c), (d), (e), (f), and (g) of this section. The owner or operator can 
also use a combination of mechanisms for a single facility if they meet 
the requirement in paragraph (h) of this section, or may use a single 
mechanism for multiple facilities as in paragraph (i) of this section. 
The Regional Administrator will release the owner or operator from the 
requirements of this section after the owner or operator meets the 
criteria under paragraph (j) of this section.
    (a) Closure Trust Fund. Owners and operators can use the ``closure 
trust fund,'' that is specified in 40 CFR 264.143(a)(1) and (2), and 
264.143(a)(6)-(11). For purposes of this paragraph, the following 
provisions also apply:
    (1) Payments into the trust fund for a new facility must be made 
annually by the owner or operator over the remaining operating life of 
the facility as estimated in the closure plan, or over 3 years, 
whichever period is shorter. This

[[Page 152]]

period of time is hereafter referred to as the ``pay-in period.''
    (2) For a new facility, the first payment into the closure trust 
fund must be made before the facility may accept the initial storage. A 
receipt from the trustee must be submitted by the owner or operator to 
the Regional Administrator before this initial storage of waste. The 
first payment must be at least equal to the current closure cost 
estimate, divided by the number of years in the pay-in period, except as 
provided in paragraph (h) of this section for multiple mechanisms. 
Subsequent payments must be made no later than 30 days after each 
anniversary date of the first payment. The owner or operator determines 
the amount of each subsequent payment by subtracting the current value 
of the trust fund from the current closure cost estimate, and dividing 
this difference by the number of years remaining in the pay-in period. 
Mathematically, the formula is

Next Payment = (Current Closure Estimate - Current Value of the Trust 
Fund) Divided by Years Remaining in the Pay-In Period.

    (3) The owner or operator of a facility existing on the effective 
date of this paragraph can establish a trust fund to meet this 
paragraph's financial assurance requirements. If the value of the trust 
fund is less than the current closure cost estimate when a final 
approval of the permit is granted for the facility, the owner or 
operator must pay the difference into the trust fund within 60 days.
    (4) The owner or operator may accelerate payments into the trust 
fund or deposit the full amount of the closure cost estimate when 
establishing the trust fund. 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)(2) or (a)(3) of this 
section.
    (5) The owner or operator must submit a trust agreement with the 
wording specified in 40 CFR 264.151(a)(1).
    (b) Surety Bond Guaranteeing Payment into a Closure Trust Fund. 
Owners and operators can use the ``surety bond guaranteeing payment into 
a closure trust fund,'' as specified in 40 CFR 264.143(b), including the 
use of the surety bond instrument specified at 40 CFR 264.151(b), and 
the standby trust specified at 40 CFR 264.143(b)(3).
    (c) Surety Bond Guaranteeing Performance of Closure. Owners and 
operators can use the ``surety bond guaranteeing performance of 
closure,'' as specified in 40 CFR 264.143(c), the submission and use of 
the surety bond instrument specified at 40 CFR 264.151(c), and the 
standby trust specified at 40 CFR 264.143(c)(3).
    (d) Closure Letter of Credit. Owners and operators can use the 
``closure letter of credit'' specified in 40 CFR 264.143(d), the 
submission and use of the irrevocable letter of credit instrument 
specified in 40 CFR 264.151(d), and the standby trust specified in 40 
CFR 264.143(d)(3).
    (e) Closure Insurance. Owners and operators can use ``closure 
insurance,'' as specified in 40 CFR 264.143(e), utilizing the 
certificate of insurance for closure specified at 40 CFR 264.151(e).
    (f) Corporate financial test. An owner or operator that satisfies 
the requirements of this paragraph may demonstrate financial assurance 
up to the amount specified in this paragraph:
    (1) Financial component. (i) The owner or operator must satisfy one 
of the following three conditions:
    (A) A current rating for its senior unsecured debt of AAA, AA, A, or 
BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by 
Moody's; or
    (B) A ratio of less than 1.5 comparing total liabilities to net 
worth; or
    (C) A ratio of greater than 0.10 comparing the sum of net income 
plus depreciation, depletion and amortization, minus $10 million, to 
total liabilities.
    (ii) The tangible net worth of the owner or operator must be greater 
than:
    (A) The sum of the current environmental obligations (see paragraph 
(f)(2)(i)(A)(1) of this section), including guarantees, covered by a 
financial test plus $10 million, except as provided in paragraph 
(f)(1)(ii)(B) of this section.
    (B) $10 million in tangible net worth plus the amount of any 
guarantees

[[Page 153]]

that have not been recognized as liabilities on the financial statements 
provided all of the environmental obligations (see paragraph 
(f)(2)(i)(A)(1) of this section) covered by a financial test are 
recognized as liabilities on the owner's or operator's audited financial 
statements, and subject to the approval of the Regional Administrator.
    (iii) The owner or operator must have assets located in the United 
States amounting to at least the sum of environmental obligations 
covered by a financial test as described in paragraph (f)(2)(i)(A)(1) of 
this section.
    (2) Recordkeeping and reporting requirements. (i) The owner or 
operator must submit the following items to the Regional Administrator:
    (A) A letter signed by the owner's or operator's chief financial 
officer that:
    (1) Lists all the applicable current types, amounts, and sums of 
environmental obligations covered by a financial test. These obligations 
include both obligations in the programs which EPA directly operates and 
obligations where EPA has delegated authority to a State or approved a 
State's program. These obligations include, but are not limited to:
    (i) Liability, closure, post-closure and corrective action cost 
estimates required for hazardous waste treatment, storage, and disposal 
facilities under 40 CFR 264.101, 264.142, 264.144, 264.147, 265.142, 
265.144, and 265.147;
    (ii) Cost estimates required for municipal solid waste management 
facilities under 40 CFR 258.71, 258.72, and 258.73;
    (iii) Current plugging cost estimates required for UIC facilities 
under 40 CFR 144.62;
    (iv) Cost estimates required for petroleum underground storage tank 
facilities under 40 CFR 280.93;
    (v) Cost estimates required for PCB storage facilities under 40 CFR 
761.65;
    (vi) Any financial assurance required under, or as part of an action 
undertaken under, the Comprehensive Environmental Response, 
Compensation, and Liability Act; and
    (vii) Any other environmental obligations that are assured through a 
financial test.
    (2) Provides evidence demonstrating that the firm meets the 
conditions of either paragraph (f)(1)(i)(A) or (f)(1)(i)(B) or 
(f)(1)(i)(C) of this section and paragraphs (f)(1)(ii) and (f)(1)(iii) 
of this section.
    (B) A copy of the independent certified public accountant's 
unqualified opinion of the owner's or operator's financial statements 
for the latest completed fiscal year. To be eligible to use the 
financial test, the owner's or operator's financial statements must 
receive an unqualified opinion from the independent certified public 
accountant. An adverse opinion, disclaimer of opinion, or other 
qualified opinion will be cause for disallowance, with the potential 
exception for qualified opinions provided in the next sentence. The 
Regional Administrator may evaluate qualified opinions on a case-by-case 
basis and allow use of the financial test in cases where the Regional 
Administrator deems that the matters which form the basis for the 
qualification are insufficient to warrant disallowance of the test. If 
the Regional Administrator does not allow use of the test, the owner or 
operator must provide alternate financial assurance that meets the 
requirements of this section within 30 days after the notification of 
disallowance.
    (C) 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)(B) or (f)(1)(i)(C) of this 
section that are different from data in the audited financial statements 
referred to in paragraph (f)(2)(i)(B) 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 that comparison, and the reasons for any 
differences.

[[Page 154]]

    (D) If the chief financial officer's letter provides a demonstration 
that the firm has assured for environmental obligations as provided in 
paragraph (f)(1)(ii)(B) of this section, then the letter shall include a 
report from the independent certified public accountant that verifies 
that all of the environmental obligations covered by a financial test 
have been recognized as liabilities on the audited financial statements, 
how these obligations have been measured and reported, and that the 
tangible net worth of the firm is at least $10 million plus the amount 
of any guarantees provided.
    (ii) The owner or operator of a new facility must submit the items 
specified in paragraph (f)(2)(i) of this section to the Regional 
Administrator at least 60 days before placing waste in the facility.
    (iii) After the initial submission of items specified in paragraph 
(f)(2)(i) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days following the 
close of the owner or operator's fiscal year. The Regional Administrator 
may provide up to an additional 45 days for an owner or operator who can 
demonstrate that 90 days is insufficient time to acquire audited 
financial statements. The updated information must consist of all items 
specified in paragraph (f)(2)(i) of this section.
    (iv) The owner or operator is no longer required to submit the items 
specified in this paragraph (f)(2) of this section or comply with the 
requirements of this paragraph (f) when:
    (A) The owner or operator substitutes alternate financial assurance 
as specified in this section that is not subject to these recordkeeping 
and reporting requirements; or
    (B) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (j) of 
this section.
    (v) An owner or operator who no longer meets the requirements of 
paragraph (f)(1) of this section cannot use the financial test to 
demonstrate financial assurance. Instead an owner or operator who no 
longer meets the requirements of paragraph (f)(1) of this section, must:
    (A) Send notice to the Regional Administrator of intent to establish 
alternate financial assurance as specified in this section. The owner or 
operator must send this notice by certified mail within 90 days 
following the close the owner or operator's fiscal year for which the 
year-end financial data show that the owner or operator no longer meets 
the requirements of this section.
    (B) Provide alternative financial assurance within 120 days after 
the end of such fiscal year.
    (vi) 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 at any time the owner or 
operator to provide reports of its financial condition in addition to or 
including current financial test documentation as specified in paragraph 
(f)(2) of this section. If the Regional Administrator finds 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 that meets the requirements of this section.
    (g) Corporate Guarantee. (1) 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 paragraph (f) of this 
section and must comply with the terms of the guarantee. The wording of 
the guarantee must be identical to the wording in 40 CFR 264.151(h). The 
certified copy of the guarantee must accompany the letter from the 
guarantor's chief financial officer and accountants' opinions. If the 
guarantor's parent corporation is also the parent corporation of the 
owner or operator, the letter from the guarantor's chief financial 
officer 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

[[Page 155]]

this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (2) For a new facility, the guarantee must be effective and the 
guarantor must submit the items in paragraph (g)(1) of this section and 
the items specified in paragraph (f)(2)(i) of this section to the 
Regional Administrator at least 60 days before the owner or operator 
places waste in the facility.
    (3) The terms of the guarantee must provide that:
    (i) If the owner or operator fails to perform closure at a facility 
covered by the guarantee, the guarantor will:
    (A) Perform, or pay a third party to perform closure (performance 
guarantee); or
    (B) Establish a fully funded trust fund as specified in paragraph 
(a) of this section in the name of the owner or operator (payment 
guarantee).
    (ii) The guarantee will remain in force for as long as the owner or 
operator must comply with the applicable financial assurance 
requirements of this subpart unless the guarantor sends prior 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 notice of cancellation is given, the owner or operator 
must, within 90 days following receipt of the cancellation notice by the 
owner or operator and the Regional Administrator, obtain alternate 
financial assurance, and submit documentation for that alternate 
financial assurance to the Regional Administrator. If the owner or 
operator fails to provide alternate financial assurance and obtain the 
written approval of such alternative assurance from the Regional 
Administrator within the 90-day period, the guarantor must provide that 
alternate assurance in the name of the owner or operator and submit the 
necessary documentation for the alternative assurance to the Regional 
Administrator within 120 days of the cancellation notice.
    (4) If a corporate guarantor no longer meets the requirements of 
paragraph (f)(1) of this section, the owner or operator must, within 90 
days, obtain alternative assurance, and submit the assurance to the 
Regional Administrator for approval. If the owner or operator fails to 
provide alternate financial assurance within the 90-day period, the 
guarantor must provide that alternate assurance within the next 30 days, 
and submit it to the Regional Administrator for approval.
    (5) The guarantor is no longer required to meet the requirements of 
this paragraph (g) when:
    (i) The owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The owner or operator is released from the requirements of this 
section in accordance with paragraph (j) of this section.
    (h) Use of Multiple Financial Mechanisms. An owner or operator may 
use more than one mechanism at a particular facility to satisfy the 
requirements of this section. The acceptable mechanisms are trust funds, 
surety bonds guaranteeing payment into a trust fund, letters of credit, 
insurance, the financial test, and the guarantee, except owners or 
operators cannot combine the financial test with the guarantee. The 
mechanisms must be as specified in paragraphs (a), (b), (d), (e), (f), 
and (g) respectively of this section, except it is the combination of 
mechanisms rather than a single mechanism that must provide assurance 
for an amount at least equal to the cost estimate. If an owner or 
operator uses a trust fund in combination with a surety bond or letter 
of credit, he may use the trust fund as the standby trust for the other 
mechanisms. A single trust fund can 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.
    (i) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial mechanism for multiple facilities, as 
specified in Sec. 264.143(h) of this chapter.
    (j) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and an independent registered professional

[[Page 156]]

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 the owner or operator 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 completed in accordance with the approved 
closure plan. The Regional Administrator shall provide the owner or 
operator with a detailed written statement of any such reasons to 
believe that closure has not been conducted in accordance with the 
approved closure plan.



Sec. Sec. 267.144-267.146  [Reserved]



Sec. 267.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous waste treatment or storage 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) through (a)(7) of this 
section:
    (1) Trust fund for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining a trust fund for liability 
coverage as specified in 40 CFR 264.147(j).
    (2) Surety bond for liability coverage. An owner or operator may 
meet the requirements of this section by obtaining a surety bond for 
liability coverage as specified in 40 CFR 264.147(i).
    (3) Letter of credit for liability coverage. An owner or operator 
may meet the requirements of this section by obtaining a letter of 
credit for liability coverage as specified in 40 CFR 264.147(h).
    (4) Insurance for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining liability insurance as 
specified in 40 CFR 264.147(a)(1).
    (5) Financial test for liability coverage. An owner or operator may 
meet the requirements of this section by passing a financial test as 
specified in paragraph (f) of this section.
    (6) Guarantee for liability coverage. An owner or operator may meet 
the requirements of this section by obtaining a guarantee as specified 
in paragraph (g) of this section.
    (7) Combination of mechanisms. An owner or operator may demonstrate 
the required liability coverage through the use of combinations of 
mechanisms as allowed by 40 CFR 264.147(a)(6).
    (8) 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)(7) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a 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)(7) of this 
section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a 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)(7) of this section.
    (b)-(d) [Reserved]
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and an independent registered 
professional engineer that final closure has been completed in 
accordance with the approved closure plan, the Regional Administrator 
will notify the owner or operator in writing that he is no longer 
required by this section to maintain liability coverage from that 
facility, unless the Regional

[[Page 157]]

Administrator has reason to believe that closure has not been in 
accordance with the approved closure plan.
    (f) Financial test for Liability Coverage. An owner or operator that 
satisfies the requirements of this paragraph (f) may demonstrate 
financial assurance for liability up to the amount specified in this 
paragraph (f):
    (1) Financial component. (i) If using the financial test for only 
liability coverage, the owner or operator must have tangible net worth 
greater than the sum of the liability coverage to be demonstrated by 
this test plus $10 million.
    (ii) The owner or operator must have assets located in the United 
States amounting to at least the amount of liability covered by this 
financial test.
    (iii) An owner or operator who is demonstrating coverage for 
liability and any other environmental obligations, including closure 
under Sec. 267.143(f), through a financial test must meet the 
requirements of Sec. 267.143(f).
    (2) Recordkeeping and reporting requirements.
    (i) The owner or operator must submit the following items to the 
Regional Administrator:
    (A) A letter signed by the owner's or operator's chief financial 
officer that provides evidence demonstrating that the firm meets the 
conditions of paragraphs (f)(1)(i) and (f)(1)(ii) of this section. If 
the firm is providing only liability coverage through a financial test 
for a facility or facilities with a permit under Sec. 267, the letter 
should use the wording in Sec. 267.151(b). If the firm is providing 
only liability coverage through a financial test for facilities 
regulated under part 267 and also part 264 or part 265, it should use 
the letter in Sec. 264.151(g). If the firm is providing liability 
coverage through a financial test for a facility or facilities with a 
permit under Sec. 267, and it assures closure costs or any other 
environmental obligations through a financial test, it must use the 
letter in Sec. 267.151(a) for the facilities issued a permit under 
Sec. 267.
    (B) A copy of the independent certified public accountant's 
unqualified opinion of the owner's or operator's financial statements 
for the latest completed fiscal year. To be eligible to use the 
financial test, the owner's or operator's financial statements must 
receive an unqualified opinion from the independent certified public 
accountant. An adverse opinion, disclaimer of opinion, or other 
qualified opinion will be cause for disallowance, with the potential 
exception for qualified opinions provided in the next sentence. The 
Regional Administrator may evaluate qualified opinions on a case-by-case 
basis and allow use of the financial test in cases where the Regional 
Administrator deems that the matters which form the basis for the 
qualification are insufficient to warrant disallowance of the test. If 
the Regional Administrator does not allow use of the test, the owner or 
operator must provide alternate financial assurance that meets the 
requirements of this section (Sec. 267.147) within 30 days after the 
notification of disallowance.
    (C) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraphs (f)(1)(i) and (ii) of this section that 
are different from data in the audited financial statements referred to 
in paragraph (f)(2)(i)(B) 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 that comparison, and the reasons for any differences.
    (ii) The owner or operator of a new facility must submit the items 
specified in paragraph (f)(2)(i) of this section to the Regional 
Administrator at least 60 days before placing waste in the facility.
    (iii) After the initial submission of items specified in paragraph 
(f)(2)(i) of this section, the owner or operator

[[Page 158]]

must send updated information to the Regional Administrator within 90 
days following the close of the owner or operator's fiscal year. The 
Regional Administrator may provide up to an additional 45 days for an 
owner or operator who can demonstrate that 90 days is insufficient time 
to acquire audited financial statements. The updated information must 
consist of all items specified in paragraph (f)(2)(i) of this section.
    (iv) The owner or operator is no longer required to submit the items 
specified in this paragraph (f)(2) or comply with the requirements of 
this paragraph (f) when:
    (A) The owner or operator substitutes alternate financial assurance 
as specified in this section that is not subject to these recordkeeping 
and reporting requirements; or
    (B) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (j) of 
this section.
    (v) An owner or operator who no longer meets the requirements of 
paragraph (f)(1) of this section cannot use the financial test to 
demonstrate financial assurance. An owner or operator who no longer 
meets the requirements of paragraph (f)(1) of this section, must:
    (A) Send notice to the Regional Administrator of intent to establish 
alternate financial assurance as specified in this section. The owner or 
operator must send this notice by certified mail within 90 days 
following the close of the owner or operator's fiscal year for which the 
year-end financial data show that the owner or operator no longer meets 
the requirements of this section.
    (B) Provide alternative financial assurance within 120 days after 
the end of such fiscal year.
    (vi) 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 at any time the owner or 
operator to provide reports of its financial condition in addition to or 
including current financial test documentation as specified in paragraph 
(f)(2) of this section. If the Regional Administrator finds 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 that meets the requirements of this section.
    (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)(3) of this section. The 
wording of the guarantee must be identical to the wording specified in 
40 CFR 264.151(h)(2). A certified copy of the guarantee must accompany 
the items sent to the Regional Administrator as specified in paragraph 
(f)(2) 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 accidental occurrences 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 the 
State in which the

[[Page 159]]

guarantor is incorporated, and 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 40 CFR 
264.151(h)(2) is a legally valid and enforceable obligation in that 
State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if:
    (A) The non-U.S. corporation has identified a registered agent for 
service of process in each State in which a facility covered by the 
guarantee is located and in the State in which it has its principal 
place of business; and
    (B) The Attorney General or Insurance Commissioner of each State in 
which a facility covered by the guarantee is located and the State in 
which the guarantor corporation has its principal place of business, has 
submitted a written statement to EPA that a guarantee executed as 
described in this section and 40 CFR 264.151(h)(2) is a legally valid 
and enforceable obligation in that State.

[70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006]



Sec. 267.148  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. 
267.143(g) and 267.147 (g) 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. 
267.143 or Sec. 267.147 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. 267.149  [Reserved]



Sec. 267.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the 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. 267.143 or Sec. 267.147 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 care 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, name, and 
address, and the amount of funds for 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

[[Page 160]]

will be deemed to be in compliance with the requirements of Sec. 
267.143 or Sec. 267.147, 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. 267.151  Wording of the instruments.

    (a) The chief financial officer of an owner or operator of a 
facility with a standardized permit who uses a financial test to 
demonstrate financial assurance for that facility must complete a letter 
as specified in Sec. 267.143(f) of this chapter. The letter must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

    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 costs, as specified in 
[insert ``subpart H of 40 CFR part 267'' or the citation to the 
corresponding state regulation]. This firm qualifies for the financial 
test on the basis of having [insert ``a current rating for its senior 
unsecured debt of AAA, AA, A, or BBB as issued by Standard and Poor's or 
Aaa, Aa, A or Baa as issued by Moody's'' or ``a ratio of less than 1.50 
comparing total liabilities to net worth'' or ``a ratio of greater than 
0.10 comparing the sum of net income plus depreciation, depletion and 
amortization, minus $10 million, to total liabilities.'']
    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].
[If this firm qualifies on the basis of its bond rating fill in the 
requested information: ``This firm has a rating of its senior unsecured 
debt of'' [insert the bond rating] ``from'' [insert ``Standard and 
Poor's'' or ``Moody's'']. Complete Line 1. Total Liabilities below and 
then skip the remaining questions in the next section and resume 
completing the form at the section entitled Obligations Covered by a 
Financial Test or Corporate Guarantee.]

[If this firm qualifies for the financial test on the basis of its ratio 
of liabilities to net worth, or sum of income, depreciation, depletion, 
and amortization to net worth, please complete the following section.]

*1. Total Liabilities................................        $__________
 
*2. Net Worth........................................        $__________
 
*3. Net Income.......................................        $__________
 
*4. Depreciation.....................................        $__________
 
*5. Depletion (if applicable)........................        $__________
 
*6. Amortization.....................................        $__________
 
*7. Sum of Lines 3., 4., 5. & 6......................        $__________
 

[If the above figures are taken directly from the most recent audited 
financial statements for this firm insert ``The above figures are taken 
directly from the most recent audited financial statements for this 
firm.'' If they are not, insert ``The following items are not taken 
directly from the firms most recent audited financial statements'' 
[insert the numbers of the items and attach an explanation of how they 
were derived.]

[Complete the following calculations]

8. Line 1. / Line 2. =...............................         __________
 
9. Line 7. / Line 1. =...............................         __________
 
Is Line 8. less than 1.5?............................    ____ Yes ____No
 
Is Line 9 greater than 0.10?.........................    ____ Yes ____No
 

[If you did not answer Yes to either of these two questions, you cannot 
use the financial test and need not complete this letter. Instead, you 
must notify the permitting authority for the facility that you intend to 
establish alternate financial assurance as specified in 40 CFR 267.143. 
The owner or operator must send this notice by certified mail within 90 
days following the close of the owner or operator's fiscal year for 
which the year-end financial data show that the owner or operator no 
longer meets the requirements of this section. The owner or operator 
must also provide alternative financial assurance within 120 days after 
the end of such fiscal year.]

     Obligations Covered by a Financial Test or Corporate Guarantee

[On the following lines list all obligations that are covered by a 
financial test or a corporate guarantee extended by your firm. You

[[Page 161]]

may add additional lines and leave blank entries that do not apply to 
your situation.]

__________________________________                               ______    $________    $________     $________
 
__________________________________                               ______     ________     ________      ________
 
    Hazardous Waste Third Party Liability                    ...........  ...........  ...........    $________
 


________________________________                                 ______    $________    $________     $________
 
________________________________                                 ______     ________     ________      ________
 


                                                               ________   ...........  ...........      $______
 
Petroleum Underground Storage Tanks                          ...........  ...........  ...........       ______
 
PCB Storage Facility Name and ID                                  State   ...........  ...........             Closure
 
                                                               ________   ...........  ...........      $______
 

    Any financial assurance required under, or as part of an action 
undertaken under, the Comprehensive Environmental Response, 
Compensation, and Liability Act.

__________________________________           ______         $__________
 

    Any other environmental obligations that are assured through a 
financial test.

________________                                             $__________
 


*10. Total of all amounts                                    $__________
 
*11. Line 10 + $10,000,000 =                                 $__________
 
*12. Total Assets                                            $__________
 
*13. Intangible Assets                                       $__________
 
*14. Tangible Assets (Line 12 - Line 13)                     $__________
 
*15. Tangible Net Worth (Line 14 - Line 1)                   $__________
 
*16. Assets in the United States                             $__________
 
Is Line 15 greater than Line 11?                        ____ Yes ____ No
Is Line 16 no less than Line 10?                        ____ Yes ____ No
 

[You must be able to answer Yes to both these questions to use the 
financial test for this facility.]

    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 267.151 as such regulations were constituted 
on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

[After completion, a signed copy of the form must be sent to the 
permitting authority of the state or territory where the facility is 
located. In addition, a signed copy must be sent to every authority who 
(1) requires a demonstration through a financial test for each of the 
other obligations in the letter that are assured through a financial 
test, or (2) accepts a guarantee for an obligation listed in this 
letter.]

    (b) The chief financial officer of an owner or operator of a 
facility with a standardized permit who use a financial test to 
demonstrate financial assurance only for third party liability for that 
(or other standardized permit) facility(ies) must complete a letter as 
specified in Section 267.147(f) of this chapter. The letter must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

    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 third

[[Page 162]]

party liability, as specified in [insert ``subpart H of 40 CFR part 
267'' or the citation to the corresponding state regulation]. This firm 
qualifies for the financial test on the basis of having tangible net 
worth of at least $10 million more than the amount of liability coverage 
and assets in the United States of at least the amount of liability 
coverage.
    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].

[Please complete the following section.]

*1. Total Assets.....................................        $__________
 
*2. Intangible Assets................................        $__________
 
*3. Tangible Assets (Line 1-Line 2)..................        $__________
 
*4. Total Liabilities................................        $__________
 
 5. Tangible Net Worth (Line 3-Line 4)...............        $__________
 
*6. Assets in the United States......................        $__________
 
 7. Amount of liability coverage.....................        $__________
 
Is Line 5 At least $10 million greater than Line 7?..     ____Yes ____No
Is Line 6 at least equal to Line 7?..................     ____Yes ____No
 

[You must be able to answer Yes to both these questions to use the 
financial test for this facility.]

    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 267.151 as such regulations were constituted 
on the date shown immediately below.

[Signature]_____________________________________________________________

[Name]__________________________________________________________________

[Title]_________________________________________________________________

[Date]__________________________________________________________________

[After completion, a signed copy of the form must be sent to the 
permitting authority of the state or territory where the facility(ies) 
is(are) located.]



               Subpart I_Use and Management of Containers



Sec. 267.170  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in containers under a 40 CFR part 270 
subpart J standardized permit, except as provided in Sec. 267.1(b).



Sec. 267.171  What standards apply to the containers?

    Standards apply to the condition of the containers, to the 
compatibility of waste with the containers, and to the management of the 
containers.
    (a) Condition of containers. If a container holding hazardous waste 
is not in good condition (for example, it exhibits severe rusting or 
apparent structural defects) or if it begins to leak, you must either:
    (1) Transfer the hazardous waste from this container to a container 
that is in good condition; or
    (2) Manage the waste in some other way that complies with the 
requirements of this part.
    (b) Compatibility of waste with containers. To ensure that the 
ability of the container to contain the waste is not impaired, you must 
use a container made of or lined with materials that are compatible and 
will not react with the hazardous waste to be stored.
    (c) Management of containers. (1) You must always keep a container 
holding hazardous waste closed during storage, except when you add or 
remove waste.
    (2) You must never open, handle, or store a container holding 
hazardous waste in a manner that may rupture the container or cause it 
to leak.



Sec. 267.172  What are the inspection requirements?

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

[[Page 163]]



Sec. 267.173  What standards apply to the container storage areas?

    (a) You must design and operate a containment system for your 
container storage areas according to the requirements in paragraph (b) 
of this section, except as otherwise provided by paragraph (c) of this 
section.
    (b) The design and operating requirements for a containment system 
are:
    (1) A base must underlie the containers that 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. This requirement does not apply to containers that 
do not contain free liquids.
    (4) You must prevent run-on into the containment system unless the 
collection system has sufficient excess capacity, in addition to that 
required in paragraph (b)(3) of this section, to contain the liquid.
    (5) You must remove any spilled or leaked waste and accumulated 
precipitation from the sump or collection area as promptly as is 
necessary to prevent overflow of the collection system.
    (c) Except as provided in paragraph (d) of this section, you do not 
need a containment system as defined in paragraph (b) of this section 
for storage areas that store containers holding only wastes with no free 
liquids, if:
    (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) You must have a containment system defined by paragraph (b) of 
this section for storage areas that store containers holding FO20, FO21, 
FO22, FO23, FO26, and FO27 wastes, even if the wastes do not contain 
free liquids.



Sec. 267.174  What special requirements must I meet for 
ignitable or reactive waste?

    You must locate containers holding ignitable or reactive waste at 
least 15 meters (50 feet) from your facility property line. You must 
also follow the general requirements for ignitable or reactive wastes 
that are specified in Sec. 267.17(a).



Sec. 267.175  What special requirements must I meet
for incompatible wastes?

    (a) You must not place incompatible wastes, or incompatible wastes 
and materials (see appendix V to 40 CFR part 264 for examples), in the 
same container, unless you comply with Sec. 267.17(b).
    (b) You must not place hazardous waste in an unwashed container that 
previously held an incompatible waste or material.
    (c) You must separate a storage container holding a hazardous waste 
that is incompatible with any waste or with other materials stored 
nearby in other containers, piles, open tanks, or surface impoundments 
from the other materials, or protect the containers by means of a dike, 
berm, wall, or other device.



Sec. 267.176  What must I do when I want to stop using 
the containers?

    You must remove all hazardous waste and hazardous waste residues 
from the containment system. You must decontaminate or remove remaining 
containers, liners, bases, and soil containing, or contaminated with, 
hazardous waste or hazardous waste residues.



Sec. 267.177  What air emission standards apply?

    You must manage all hazardous waste placed in a container according 
to the requirements of subparts AA, BB, and CC of 40 CFR part 264. Under 
a standardized permit, the following control devices are permissible: 
Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, 
process heater, condenser, and carbon absorption unit.

[[Page 164]]



                         Subpart J_Tank Systems



Sec. 267.190  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in above-ground or on-ground tanks 
under a 40 CFR part 270 subpart J standardized permit, except as 
provided in Sec. 267.1(b).
    (a) You do not have to meet the secondary containment requirements 
in Sec. 267.195 if your tank systems do not contain free liquids and 
are situated inside a building with an impermeable floor. You must 
demonstrate the absence or presence of free liquids in the stored/
treated waste, using 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 40 CFR 260.11.
    (b) You do not have to meet the secondary containment requirements 
of Sec. 267.195(a) if your tank system, including sumps, as defined in 
40 CFR 260.10, is part of a secondary containment system to collect or 
contain releases of hazardous wastes.



Sec. 267.191  What are the required design and construction
standards for new tank systems or components?

    You 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 to ensure that it will not collapse, rupture, or fail. You 
must obtain a written assessment, reviewed and certified by an 
independent, qualified registered professional engineer, following 40 
CFR 270.11(d), attesting that the tank system has sufficient structural 
integrity and is acceptable for the storing and treating of hazardous 
waste. This assessment must include, at a minimum, the following 
information:
    (a) Design standard(s) for the construction of tank(s) and/or the 
ancillary equipment.
    (b) Hazardous characteristics of the waste(s) to be handled.
    (c) 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:
    (1) Factors affecting the potential for corrosion, such as:
    (i) Soil moisture content.
    (ii) Soil pH.
    (iii) Soil sulfides level.
    (iv) Soil resistivity.
    (v) Structure to soil potential.
    (vi) Existence of stray electric current.
    (vii) Existing corrosion-protection measures (for example, coating, 
cathodic protection).
    (2) The type and degree of external corrosion protection 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:
    (i) Corrosion-resistant materials of construction such as special 
alloys, fiberglass reinforced plastic, etc.
    (ii) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) 
with cathodic protection (for example, impressed current or sacrificial 
anodes) and
    (iii) Electrical isolation devices such as insulating joints, 
flanges, etc.
    (d) Design considerations to ensure that:
    (1) Tank foundations will maintain the load of a full tank.
    (2) 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. 
267.18(a).
    (3) Tank systems will withstand the effects of frost heave.



Sec. 267.192  What handling and inspection procedures must I follow
during installation of new tank systems?

    (a) You must ensure that you follow proper handling procedures to 
prevent damage to a new tank system during installation. Before placing 
a new tank system or component in use, an independent, qualified 
installation inspector or an independent, qualified, registered 
professional engineer, either of whom is trained and experienced in the 
proper installation of tank systems or

[[Page 165]]

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.
    (b) You must remedy all discrepancies before the tank system is 
placed in use.



Sec. 267.193  What testing must I do?

    You must test all new tanks and ancillary equipment for tightness 
before you place them in use. If you find a tank system that is not 
tight, you must perform all repairs necessary to remedy the leak(s) in 
the system before you cover, enclose, or place the tank system into use.



Sec. 267.194  What installation requirements must I follow?

    (a) You must support and protect ancillary equipment against 
physical damage and excessive stress due to settlement, vibration, 
expansion, or contraction.
    (b) You must provide the type and degree of corrosion protection 
recommended by an independent corrosion expert, based on the information 
provided under Sec. 267.191(c), to ensure the integrity of the tank 
system during use of the tank system. An independent corrosion expert 
must supervise the installation of a corrosion protection system that is 
field fabricated to ensure proper installation.
    (c) You must obtain, and keep at the facility, written statements by 
those persons required to certify the design of the tank system and to 
supervise the installation of the tank system as required in Sec. Sec. 
267.192, 267.193, and paragraphs (a) and (b) of this section. The 
written statement must attest that the tank system was properly designed 
and installed and that you made repairs under Sec. Sec. 267.192 and 
267.193. These written statements must also include the certification 
statement as required in 40 CFR 270.11(d).



Sec. 267.195  What are the secondary containment requirements?

    To prevent the release of hazardous waste or hazardous constituents 
to the environment, you must provide secondary containment that meets 
the requirements of this section for all new and existing tank systems.
    (a) 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, groundwater, 
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.
    (b) To meet the requirements of paragraph (a) 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.
    (4) Sloped or otherwise designed or operated to drain and remove 
liquids resulting from leaks, spills, or precipitation. You must remove 
spilled or leaked waste and accumulated precipitation from the secondary 
containment system within 24 hours, or as promptly

[[Page 166]]

as possible, to prevent harm to human health and the environment.



Sec. 267.196  What are the required devices for secondary containment
and what are their design, operating and installation requirements?

    (a) Secondary containment for tanks must include one or more of the 
following:
    (1) A liner (external to the tank).
    (2) A double-walled tank.
    (3) An equivalent device; you must maintain documentation of 
equivalency at the facility.
    (b) External liner systems must be:
    (1) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary.
    (2) 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. The additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event.
    (3) Free of cracks or gaps.
    (4) 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) (that is, capable of 
preventing lateral as well as vertical migration of the waste).
    (c) Double-walled tanks must be:
    (1) Designed as an integral structure (that is, an inner tank 
completely enveloped within an outer shell) so that any release from the 
inner tank is contained by the outer shell.
    (2) Protected, if constructed of metal, from both corrosion of the 
primary tank interior and of the external surface of the outer shell.
    (3) Provided with a built-in continuous leak detection system 
capable of detecting a release within 24 hours.



Sec. 267.197  What are the requirements for ancillary equipment?

    You must provide ancillary equipment with secondary containment (for 
example, trench, jacketing, double-walled piping) that meets the 
requirements of Sec. 267.195 (a) and (b), except for:
    (a) Above ground piping (exclusive of flanges, joints, valves, and 
other connections) that are visually inspected for leaks on a daily 
basis;
    (b) Welded flanges, welded joints, and welded connections, that are 
visually inspected for leaks on a daily basis;
    (c) Sealless or magnetic coupling pumps and sealless valves, that 
are visually inspected for leaks on a daily basis; and
    (d) Pressurized above ground piping systems with automatic shut-off 
devices (for example, 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.



Sec. 267.198  What are the general operating requirements for
my tank systems?

    (a) You must not place hazardous wastes or treatment reagents 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) You 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 (for example, check valves, dry 
disconnect couplings).
    (2) Overfill prevention controls (for example, level sensing 
devices, high level alarms, automatic feed cutoff, or bypass to a 
standby tank).
    (3) Sufficient freeboard in uncovered tanks to prevent overtopping 
by wave or wind action or by precipitation.
    (c) You must comply with the requirements of Sec. 267.200 if a leak 
or spill occurs in the tank system.



Sec. 267.199  What inspection requirements must I meet?

    You must comply with the following requirements for scheduling, 
conducting, and documenting inspections.
    (a) Develop and follow a schedule and procedure for inspecting 
overfill controls.
    (b) Inspect at least once each operating day:
    (1) Aboveground portions of the tank system to detect corrosion or 
releases of waste.

[[Page 167]]

    (2) Data gathered from monitoring and leak detection equipment (for 
example, pressure or temperature gauges, monitoring wells) to ensure 
that the tank system is being operated according to its design.
    (3) The construction materials and the area immediately surrounding 
the externally accessible portion of the tank system, including the 
secondary containment system (for example, dikes) to detect erosion or 
signs of releases of hazardous waste (for example, wet spots, dead 
vegetation).
    (c) Inspect cathodic protection systems, if present, according to, 
at a minimum, the following schedule to ensure that they are functioning 
properly:
    (1) Confirm that the cathodic protection system is operating 
properly within six months after initial installation and annually 
thereafter.
    (2) Inspect and/or test all sources of impressed current, as 
appropriate, at least every other month.
    (d) Document, in the operating record of the facility, an inspection 
of those items in paragraphs (a) through (c) of this section.



Sec. 267.200  What must I do in case of a leak or a spill?

    If there has been a leak or a spill from a tank system or secondary 
containment system, or if either system is unfit for use, you must 
remove the system from service immediately, and you must satisfy the 
following requirements:
    (a) 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) Remove the waste from the tank system or secondary containment 
system.
    (1) If the release was from the tank system, you must, within 24 
hours after detecting the leak, 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, 
you must remove all released materials within 24 hours or as quickly as 
possible to prevent harm to human health and the environment.
    (c) 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.
    (2) Remove, and properly dispose of, any visible contamination of 
the soil or surface water.
    (d) Report any release to the environment, except as provided in 
paragraph (d)(1) of this section, to the Regional Administrator within 
24 hours of its detection. If you have reported the release pursuant to 
40 CFR part 302, that report will satisfy this requirement.
    (1) You need not report on a leak or spill of hazardous waste if it 
is:
    (i) Less than or equal to a quantity of one (1) pound; and
    (ii) Immediately contained and cleaned up.
    (2) Within 30 days of detection of a release to the environment, you 
must submit a report to the Regional Administrator containing the 
following information:
    (i) The likely route of migration of the release.
    (ii) The characteristics of the surrounding soil (soil composition, 
geology, hydrogeology, climate).
    (iii) The 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, you must 
submit these data to the Regional Administrator as soon as they become 
available.
    (iv) The proximity to downgradient drinking water, surface water, 
and populated areas.
    (v) A description of response actions taken or planned.
    (e) Either close the system or make necessary repairs.
    (1) Unless you satisfy the requirements of paragraphs (e)(2) and (3) 
of this section, you must close the tank system according to Sec. 
267.201.
    (2) If the cause of the release was a spill that has not damaged the 
integrity of the system, you may return the system to service as soon as 
you remove the released waste and make any necessary repairs.

[[Page 168]]

    (3) If the cause of the release was a leak from the primary tank 
system into the secondary containment system, you must repair the system 
before returning the tank system to service.
    (f) If you have made extensive repairs to a tank system in 
accordance with paragraph (e) of this section (for example, installation 
of an internal liner; repair of a ruptured primary containment or 
secondary containment vessel), you may not return the tank system to 
service unless the repair is certified by an independent, qualified, 
registered, professional engineer in accordance with 40 CFR 270.11(d).
    (1) The engineer must certify that the repaired system is capable of 
handling hazardous wastes without release for the intended life of the 
system.
    (2) You must submit this certification to the Regional Administrator 
within seven days after returning the tank system to use.



Sec. 267.201  What must I do when I stop operating the tank system?

    When you close a tank system, you 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 40 CFR 261.3(d) 
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.



Sec. 267.202  What special requirements must I meet for ignitable 
or reactive wastes?

    (a) You may not place ignitable or reactive waste in tank systems, 
unless:
    (1) You treat, render, or mix the waste before or immediately after 
placement in the tank system so that:
    (i) You comply with Sec. 267.17(b); and
    (ii) The resulting waste, mixture, or dissolved material no longer 
meets the definition of ignitable or reactive waste under Sec. 261.21 
or Sec. 261.23 of this chapter; or
    (2) You store or treat the waste in such a way that it is protected 
from any material or conditions that may cause the waste to ignite or 
react; or
    (3) You use the tank system solely for emergencies.
    (b) If you store or treat ignitable or reactive waste in a tank, you 
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 40 CFR 260.11).



Sec. 267.203  What special requirements must I meet for 
incompatible wastes?

    (a) You may not place incompatible wastes, or incompatible wastes 
and materials, in the same tank system, unless you comply with Sec. 
267.17(b).
    (b) You may not place hazardous waste in a tank system that has not 
been decontaminated and that previously held an incompatible waste or 
material, unless you comply with Sec. 267.17(b).



Sec. 267.204  What air emission standards apply?

    You must manage all hazardous waste placed in a tank following the 
requirements of subparts AA, BB, and CC of 40 CFR part 264. Under a 
standardized permit, the following control devices are permissible: 
Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, 
process heater, condenser, and carbon absorption unit.

Subparts K-CC [Reserved]



                    Subpart DD_Containment buildings



Sec. 267.1100  Does this subpart apply to me?

    This subpart applies to you if you own or operate a facility that 
treats or stores hazardous waste in containment buildings under a 40 CFR 
part 270 subpart J standardized permit, except as provided in Sec. 
267.1(b). Storage and/or treatment in your containment building is not 
land disposal as defined in 40

[[Page 169]]

CFR 268.2 if your unit meets the requirements of Sec. Sec. 267.1101, 
267.1102, and 267.1103.



Sec. 267.1101  What design and operating standards must
my containment building meet?

    Your containment building must comply with the design and operating 
standards in this section. 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 section.
    (a) 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.
    (b) The floor and containment walls of the unit, including the 
secondary containment system, if required under Sec. 267.1103, must be 
designed and constructed of manmade materials of sufficient strength and 
thickness to:
    (1) Support themselves, the waste contents, and any personnel and 
heavy equipment that operates within the unit.
    (2) Prevent failure due to:
    (i) Pressure gradients, settlement, compression, or uplift.
    (ii) Physical contact with the hazardous wastes to which they are 
exposed.
    (iii) Climatic conditions.
    (iv) Stresses of daily operation, including the movement of heavy 
equipment within the unit and contact of such equipment with containment 
walls.
    (v) Collapse or other failure.
    (c) All surfaces to be in contact with hazardous wastes must be 
chemically compatible with those wastes.
    (d) You must not place incompatible hazardous wastes or treatment 
reagents in the unit or its secondary containment system if they could 
cause the unit or secondary containment system to leak, corrode, or 
otherwise fail.
    (e) 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.
    (f) 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:
    (1) They provide an effective barrier against fugitive dust 
emissions under Sec. 267.1102(d).
    (2) The unit is designed and operated in a fashion that assures that 
wastes will not actually come in contact with these openings.
    (g) You must inspect and record in the facility's operating record, 
at least once every seven days, data gathered from monitoring equipment 
and leak detection equipment, as well as the containment building and 
the area immediately surrounding the containment building to detect 
signs of releases of hazardous waste.
    (h) You must obtain certification by a qualified registered 
professional engineer that the containment building design meets the 
requirements of Sec. Sec. 267.1102, 267.1103, and paragraphs (a) 
through (f) of this section.



Sec. 267.1102  What other requirements must I meet to prevent
releases?

    You must use controls and practices to ensure containment of the 
hazardous waste within the unit, and must, at a minimum:
    (a) 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.
    (b) 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.
    (c) Take measures to prevent personnel or by equipment used in 
handling the waste from tracking hazardous waste out of the unit. You 
must designate an area to decontaminate equipment, and you must collect 
and properly manage any rinsate.
    (d) Take measures to control fugitive dust emissions such that any 
openings

[[Page 170]]

(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, you must operate and maintain all associated particulate 
collection devices (for example, fabric filter, electrostatic 
precipitator) with sound air pollution control practices. You must 
effectively maintain this state of no visible emissions at all times 
during routine operating and maintenance conditions, including when 
vehicles and personnel are entering and exiting the unit.



Sec. 267.1103  What additional design and operating standards 
apply if liquids will be in my containment building?

    If your containment building will be used to manage hazardous wastes 
containing free liquids or treated with free liquids, as determined by 
the paint filter test, by a visual examination, or by other appropriate 
means, you must include:
    (a) A primary barrier designed and constructed of materials to 
prevent the migration of hazardous constituents into the barrier (for 
example, a geomembrane covered by a concrete wear surface).
    (b) A liquid collection and removal system to minimize the 
accumulation of liquid on the primary barrier of the containment 
building.
    (1) The primary barrier must be sloped to drain liquids to the 
associated collection system; and
    (2) You must collect and remove liquids and waste to minimize 
hydraulic head on the containment system at the earliest practicable 
time.
    (c) 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 capable of detecting 
failure of the primary barrier and collecting accumulated hazardous 
wastes and liquids at the earliest practical time.
    (1) You may meet the requirements of the leak detection component of 
the secondary containment system by installing a system that is, at a 
minimum:
    (i) Constructed with a bottom slope of 1 percent or more; and
    (ii) 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.
    (2) If you will be conducting treatment in the building, you must 
design the area in which the treatment will be conducted to prevent the 
release of liquids, wet materials, or liquid aerosols to other portions 
of the building.
    (3) You must construct the secondary containment system using 
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.



Sec. 267.1104  How may I obtain a waiver from secondary
containment requirements?

    Notwithstanding any other provision of this subpart, the Regional 
Administrator may waive requirements for secondary containment for a 
permitted containment building where:
    (a) You demonstrate that the only free liquids in the unit are 
limited amounts of dust suppression liquids required to meet 
occupational health and safety requirements, and
    (b) Containment of managed wastes and dust suppression liquids can 
be assured without a secondary containment system.



Sec. 267.1105  What do I do if my containment building 
contains areas both with and without secondary containment?

    For these containment buildings, you must:
    (a) Design and operate each area in accordance with the requirements 
enumerated in Sec. Sec. 267.1101 through 267.1103.
    (b) Take measures to prevent the release of liquids or wet materials 
into areas without secondary containment.
    (c) Maintain in the facility's operating log a written description 
of the operating procedures used to maintain

[[Page 171]]

the integrity of areas without secondary containment.



Sec. 267.1106  What do I do if I detect a release?

    Throughout the active life of the containment building, if you 
detect a condition that could lead to or has caused a release of 
hazardous waste, you must repair the condition promptly, in accordance 
with the following procedures.
    (a) Upon detection of a condition that has lead to a release of 
hazardous waste (for example, upon detection of leakage from the primary 
barrier), you must:
    (1) Enter a record of the discovery in the facility operating 
record;
    (2) Immediately remove the portion of the containment building 
affected by the condition from service;
    (3) Determine what steps you must take to repair the containment 
building, to remove any leakage from the secondary collection system, 
and to establish a schedule for accomplishing the cleanup and repairs; 
and
    (4) 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.
    (b) 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 you of the determination 
and the underlying rationale in writing.
    (c) Upon completing all repairs and cleanup, you 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 (a)(4) of this section.



Sec. 267.1107  Can a containment building itself be considered
secondary containment?

    Containment buildings can serve as secondary containment systems for 
tanks placed within the building under certain conditions.
    (a) A containment building can serve as an external liner system for 
a tank, provided it meets the requirements of Sec. 267.196(a).
    (b) The containment building must also meet the requirements of 
Sec. 267.195(a), (b)(1) and (2) to be considered an acceptable 
secondary containment system for a tank.



Sec. 267.1108  What must I do when I stop operating the 
containment building?

    When you close a containment building, you 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 40 CFR 261.3(d) 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.



PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents



                            Subpart A_General

Sec.
268.1 Purpose, scope, and applicability.
268.2 Definitions applicable in this part.
268.3 Dilution prohibited as a substitute for treatment.
268.4 Treatment surface impoundment exemption.
268.5 Procedures for case-by-case extensions to an effective date.
268.6 Petitions to allow land disposal of a waste prohibited under 
          subpart C of part 268.
268.7 Testing, tracking, and recordkeeping requirements for generators, 
          reverse distributors, treaters, and disposal facilities.
268.8 [Reserved]

[[Page 172]]

268.9 Special rules regarding wastes that exhibit a characteristic.

 Subpart B_Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

268.10-268.12 [Reserved]
268.13 Schedule for wastes identified or listed after November 8, 1984.
268.14 Surface impoundment exemptions.

                 Subpart C_Prohibitions on Land Disposal

268.20 Waste specific prohibitions--Dyes and/or pigments production 
          wastes.
268.21-268.29 [Reserved]
268.30 Waste specific prohibitions--Wood preserving wastes.
268.31 Waste specific prohibitions--Dioxin-containing wastes.
268.32 Waste specific prohibitions--Soils exhibiting the toxicity 
          characteristic for metals and containing PCBs.
268.33 Waste specific prohibitions--chlorinated aliphatic wastes.
268.34 Waste specific prohibitions--toxicity characteristic metal 
          wastes.
268.35 Waste specific prohibitions--petroleum refining wastes.
268.36 Waste specific prohibitions--inorganic chemical wastes
268.37 Waste specific prohibitions--ignitable and corrosive 
          characteristic wastes whose treatment standards were vacated.
268.38 Waste specific prohibitions--newly identified organic toxicity 
          characteristic wastes and newly listed coke by-product and 
          chlorotoluene production wastes.
268.39 Waste specific prohibitions--spent aluminum potliners; reactive; 
          and carbamate wastes.

                      Subpart D_Treatment Standards

268.40 Applicability of treatment standards.
268.41 Treatment standards expressed as concentrations in waste extract.
268.42 Treatment standards expressed as specified technologies.
268.43 Treatment standards expressed as waste concentrations.
268.44 Variance from a treatment standard.
268.45 Treatment standards for hazardous debris.
268.46 Alternative treatment standards based on HTMR.
268.48 Universal treatment standards.
268.49 Alternative LDR treatment standards for contaminated soil.

                    Subpart E_Prohibitions on Storage

268.50 Prohibitions on storage of restricted wastes.

Appendixes I-II to Part 268 [Reserved]
Appendix III to Part 268--List of Halogenated Organic Compounds 
          Regulated Under Sec. 268.32
Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
          Alternative Treatment Standards of Sec. 268.42(c)
Appendix V to Part 268 [Reserved]
Appendix VI to Part 268--Recommended Technologies To Achieve 
          Deactivation of Characteristics in Section 268.42
Appendix VII to Part 268--LDR Effective Dates of Surface Disposed 
          Prohibited Hazardous Wastes
Appendix VIII to Part 268--LDR Effective Dates of Injected Prohibited 
          Hazardous Wastes
Appendix IX to Part 268--Extraction Procedures (EP) Toxicity Test Method 
          and Structural Integrity Test (Method 1310)
Appendix X to Part 268 [Reserved]
Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution 
          in a Combustion Unit According to 40 CFR 268.3(c)

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



                            Subpart A_General



Sec. 268.1  Purpose, scope, and applicability.

    (a) This part identifies hazardous wastes that are restricted from 
land disposal and defines those limited circumstances under which an 
otherwise prohibited waste may continue to be land disposed.
    (b) Except as specifically provided otherwise in this part or part 
261 of this chapter, the requirements of this part apply to persons who 
generate or transport hazardous waste and owners and operators of 
hazardous waste treatment, storage, and disposal facilities.
    (c) Restricted wastes may continue to be land disposed as follows:
    (1) Where persons have been granted an extension to the effective 
date of a prohibition under subpart C of this part or pursuant to Sec. 
268.5, with respect to those wastes covered by the extension;
    (2) Where persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) Wastes that are hazardous only because they exhibit a hazardous 
characteristic, and which are otherwise

[[Page 173]]

prohibited under this part, or part 148 of this chapter, are not 
prohibited if the wastes:
    (i) Are disposed into a nonhazardous or hazardous injection well as 
defined under 40 CFR 146.6(a); and
    (ii) Do not exhibit any prohibited characteristic of hazardous waste 
identified in 40 CFR part 261, subpart C at the point of injection.
    (4) Wastes that are hazardous only because they exhibit a hazardous 
characteristic, and which are otherwise prohibited under this part, are 
not prohibited if the wastes meet any of the following criteria, unless 
the wastes are subject to a specified method of treatment other than 
DEACT in Sec. 268.40, or are D003 reactive cyanide:
    (i) The wastes are managed in a treatment system which subsequently 
discharges to waters of the U.S. pursuant to a permit issued under 
section 402 of the Clean Water Act; or
    (ii) The wastes are treated for purposes of the pretreatment 
requirements of section 307 of the Clean Water Act; or
    (iii) The wastes are managed in a zero discharge system engaged in 
Clean Water Act-equivalent treatment as defined in Sec. 268.37(a); and
    (iv) The wastes no longer exhibit a prohibited characteristic at the 
point of land disposal (i.e., placement in a surface impoundment).
    (d) The requirements of this part shall not affect the availability 
of a waiver under section 121(d)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA).
    (e) The following hazardous wastes are not subject to any provision 
of part 268:
    (1) Waste generated by very small quantity generators, as defined in 
Sec. 260.10 of this chapter;
    (2) Waste pesticides that a farmer disposes of pursuant to Sec. 
262.70;
    (3) Wastes identified or listed as hazardous after November 8, 1984 
for which EPA has not promulgated land disposal prohibitions or 
treatment standards;
    (4) De minimis losses of characteristic wastes to wastewaters are 
not considered to be prohibited wastes and are defined as losses from 
normal material handling operations (e.g. spills from the unloading or 
transfer of materials from bins or other containers, leaks from pipes, 
valves or other devices used to transfer materials); minor leaks of 
process equipment, storage tanks or containers; leaks from well-
maintained pump packings and seals; sample purgings; and relief device 
discharges; discharges from safety showers and rinsing and cleaning of 
personal safety equipment; rinsate from empty containers or from 
containers that are rendered empty by that rinsing; and laboratory 
wastes not exceeding one per cent of the total flow of wastewater into 
the facility's headworks on an annual basis, or with a combined 
annualized average concentration not exceeding one part per million in 
the headworks of the facility's wastewater treatment or pretreatment 
facility.
    (f) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) are exempt from 40 CFR 268.7 and 268.50 for 
the hazardous wastes listed below. These handlers are subject to 
regulation under 40 CFR part 273.
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in Sec. 273.3 of this chapter;
    (3) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter;
    (4) Lamps as described in Sec. 273.5 of this chapter; and
    (5) Aerosol cans as described in Sec. 273.6 of this chapter.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 
FR 27165, July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 
6, 1989; 55 FR 22686, June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 
48043, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 61 FR 15663, Apr. 8, 
1996; 61 FR 33682, June 28, 1996; 62 FR 26019, May 12, 1997; 64 FR 
36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005; 81 FR 85828, Nov. 28, 
2016; 84 FR 67217, Dec. 9, 2019]



Sec. 268.2  Definitions applicable in this part.

    When used in this part the following terms have the meanings given 
below:
    (a) Halogenated organic compounds or HOCs means those compounds 
having a carbon-halogen bond which are listed under appendix III to this 
part.
    (b) Hazardous constituent or constituents means those constituents 
listed in

[[Page 174]]

appendix VIII to part 261 of this chapter.
    (c) Land disposal means placement in or on the land, except in a 
corrective action management unit or staging pile, and includes, but is 
not limited to, placement in a landfill, surface impoundment, waste 
pile, injection well, land treatment facility, salt dome formation, salt 
bed formation, underground mine or cave, or placement in a concrete 
vault, or bunker intended for disposal purposes.
    (d) Nonwastewaters are wastes that do not meet the criteria for 
wastewaters in paragraph (f) of this section.
    (e) Polychlorinated biphenyls or PCBs are halogenated organic 
compounds defined in accordance with 40 CFR 761.3.
    (f) Wastewaters are wastes that contain less than 1% by weight total 
organic carbon (TOC) and less than 1% by weight total suspended solids 
(TSS).
    (g) Debris means solid material exceeding a 60 mm particle size that 
is intended for disposal and that is: A manufactured object; or plant or 
animal matter; or natural geologic material. However, the following 
materials are not debris: any material for which a specific treatment 
standard is provided in Subpart D, Part 268, namely lead acid batteries, 
cadmium batteries, and radioactive lead solids; process residuals such 
as smelter slag and residues from the treatment of waste, wastewater, 
sludges, or air emission residues; and intact containers of hazardous 
waste that are not ruptured and that retain at least 75% of their 
original volume. A mixture of debris that has not been treated to the 
standards provided by Sec. 268.45 and other material is subject to 
regulation as debris if the mixture is comprised primarily of debris, by 
volume, based on visual inspection.
    (h) Hazardous debris means debris that contains a hazardous waste 
listed in subpart D of part 261 of this chapter, or that exhibits a 
characteristic of hazardous waste identified in subpart C of part 261 of 
this chapter. Any deliberate mixing of prohibited hazardous waste with 
debris that changes its treatment classification (i.e., from waste to 
hazardous debris) is not allowed under the dilution prohibition in Sec. 
268.3.
    (i) Underlying hazardous constituent means any constituent listed in 
Sec. 268.48, Table UTS--Universal Treatment Standards, except fluoride, 
selenium, sulfides, vanadium, and zinc, which can reasonably be expected 
to be present at the point of generation of the hazardous waste at a 
concentration above the constituent-specific UTS treatment standards.
    (j) Inorganic metal-bearing waste is one for which EPA has 
established treatment standards for metal hazardous constituents, and 
which does not otherwise contain significant organic or cyanide content 
as described in Sec. 268.3(c)(1), and is specifically listed in 
appendix XI of this part.
    (k) Soil means unconsolidated earth material composing the 
superficial geologic strata (material overlying bedrock), consisting of 
clay, silt, sand, or gravel size particles as classified by the U.S. 
Natural Resources Conservation Service, or a mixture of such materials 
with liquids, sludges or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of soil by volume 
based on visual inspection. Any deliberate mixing of prohibited 
hazardous waste with soil that changes its treatment classification 
(i.e., from waste to contaminated soil) is not allowed under the 
dilution prohibition in Sec. 268.3.

[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 
FR 37270, Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 
1993; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 1995; 61 FR 15597, 
15662, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 63 FR 28639, May 26, 
1998; 63 FR 65940, Nov. 30, 1998; 64 FR 25414, May 11, 1999; 71 FR 
40278, July 14, 2006]



Sec. 268.3  Dilution prohibited as a substitute for treatment.

    (a) Except as provided in paragraph (b) of this section, no 
generator, transporter, handler, or owner or operator of a treatment, 
storage, or disposal facility shall in any way dilute a restricted waste 
or the residual from treatment of a restricted waste as a substitute for 
adequate treatment to achieve compliance with subpart D of this part, to 
circumvent the effective date of a prohibition in subpart C of this 
part, to otherwise avoid a prohibition in subpart C of

[[Page 175]]

this part, or to circumvent a land disposal prohibition imposed by RCRA 
section 3004.
    (b) Dilution of wastes that are hazardous only because they exhibit 
a characteristic in treatment systems which include land- based units 
which treat wastes subsequently discharged to a water of the United 
States pursuant to a permit issued under section 402 of the Clean Water 
Act (CWA), or which treat wastes in a CWA-equivalent treatment system, 
or which treat wastes for the purposes of pretreatment requirements 
under section 307 of the CWA is not impermissible dilution for purposes 
of this section unless a method other than DEACT has been specified in 
Sec. 268.40 as the treatment standard, or unless the waste is a D003 
reactive cyanide wastewater or nonwastewater.
    (c) Combustion of the hazardous waste codes listed in Appendix XI of 
this part is prohibited, unless the waste, at the point of generation, 
or after any bona fide treatment such as cyanide destruction prior to 
combustion, can be demonstrated to comply with one or more of the 
following criteria (unless otherwise specifically prohibited from 
combustion):
    (1) The waste contains hazardous organic constituents or cyanide at 
levels exceeding the constituent-specific treatment standard found in 
Sec. 268.48;
    (2) The waste consists of organic, debris-like materials (e.g., 
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
    (3) The waste, at point of generation, has reasonable heating value 
such as greater than or equal to 5000 BTU per pound;
    (4) The waste is co-generated with wastes for which combustion is a 
required method of treatment;
    (5) The waste is subject to Federal and/or State requirements 
necessitating reduction of organics (including biological agents); or
    (6) The waste contains greater than 1% Total Organic Carbon (TOC).
    (d) It is a form of impermissible dilution, and therefore 
prohibited, to add iron filings or other metallic forms of iron to lead-
containing hazardous wastes in order to achieve any land disposal 
restriction treatment standard for lead. Lead-containing wastes include 
D008 wastes (wastes exhibiting a characteristic due to the presence of 
lead), all characteristic wastes containing lead as an underlying 
hazardous constituent, listed wastes containing lead as a regulated 
constituent, and hazardous media containing any of the aforementioned 
lead-containing wastes.

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



Sec. 268.4  Treatment surface impoundment exemption.

    (a) Wastes which are otherwise prohibited from land disposal under 
this part may be treated in a surface impoundment or series of 
impoundments provided that:
    (1) Treatment of such wastes occurs in the impoundments;
    (2) The following conditions are met:
    (i) Sampling and testing. For wastes with treatment standards in 
subpart D of this part and/or prohibition levels in subpart C of this 
part or RCRA section 3004(d), the residues from treatment are analyzed, 
as specified in Sec. 268.7 or Sec. 268.32, to determine if they meet 
the applicable treatment standards or where no treatment standards have 
been established for the waste, the applicable prohibition levels. The 
sampling method, specified in the waste analysis plan under Sec. 264.13 
or Sec. 265.13, must be designed such that representative samples of 
the sludge and the supernatant are tested separately rather than mixed 
to form homogeneous samples.
    (ii) Removal. The following treatment residues (including any liquid 
waste) must be removed at least annually; residues which do not meet the 
treatment standards promulgated under subpart D of this part; residues 
which do not meet the prohibition levels established under subpart C of 
this part or imposed by statute (where no treatment standards have been 
established); residues which are from the treatment of wastes prohibited 
from land disposal under subpart C of this part (where no treatment 
standards have been established and no prohibition levels apply); or 
residues from managing listed wastes

[[Page 176]]

which are not delisted under Sec. 260.22 of this chapter. If the volume 
of liquid flowing through the impoundment or series of impoundments 
annually is greater than the volume of the impoundment or impoundments, 
this flow-through constitutes removal of the supernatant for the purpose 
of this requirement.
    (iii) Subsequent management. Treatment residues may not be placed in 
any other surface impoundment for subsequent management.
    (iv) Recordkeeping. Sampling and testing and recordkeeping 
provisions of Sec. Sec. 264.13 and 265.13 of this chapter apply.
    (3) The impoundment meets the design requirements of Sec. 
264.221(c) or Sec. 265.221(a) of this chapter, regardless that the unit 
may not be new, expanded, or a replacement, and be in compliance with 
applicable ground water monitoring requirements of subpart F of part 264 
or part 265 of this chapter unless:
    (i) Exempted pursuant to Sec. 264.221 (d) or (e) of this chapter, 
or to Sec. 265.221 (c) or (d) of this chapter; or,
    (ii) Upon application by the owner or operator, the Administrator, 
after notice and an opportunity to comment, has granted a waiver of the 
requirements on the basis that the surface impoundment:
    (A) Has at least one liner, for which there is no evidence that such 
liner is leaking;
    (B) Is located more than one-quarter mile from an underground source 
of drinking water; and
    (C) Is in compliance with generally applicable ground water 
monitoring requirements for facilities with permits; or,
    (iii) Upon application by the owner or operator, the Administrator, 
after notice and an opportunity to comment, has granted a modification 
to the requirements on the basis of a demonstration that the surface 
impoundment is located, designed, and operated so as to assure that 
there will be no migration of any hazardous constituent into ground 
water or surface water at any future time.
    (4) The owner or operator submits to the Regional Administrator a 
written certification that the requirements of Sec. 268.4(a)(3) have 
been met. The following certification is required:

    I certify under penalty of law that the requirements of 40 CFR 
268.4(a)(3) have been met for all surface impoundments being used to 
treat restricted wastes. I believe that the submitted information is 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the possibility of 
fine and imprisonment.

    (b) Evaporation of hazardous constituents as the principal means of 
treatment is not considered to be treatment for purposes of an exemption 
under this section.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 62 FR 26019, May 12, 
1997; 63 FR 28639, May 26, 1998; 71 FR 40278, July 14, 2006]



Sec. 268.5  Procedures for case-by-case extensions to an effective date.

    (a) Any person who generates, treats, stores, or disposes of a 
hazardous waste may submit an application to the Administrator for an 
extension to the effective date of any applicable restriction 
established under subpart C of this part. The applicant must demonstrate 
the following:
    (1) He has made a good-faith effort to locate and contract with 
treatment, recovery, or disposal facilities nationwide to manage his 
waste in accordance with the effective date of the applicable 
restriction established under subpart C of this part;
    (2) He has entered into a binding contractual commitment to 
construct or otherwise provide alternative treatment, recovery (e.g., 
recycling), or disposal capacity that meets the treatment standards 
specified in subpart D or, where treatment standards have not been 
specified, such treatment, recovery, or disposal capacity is protective 
of human health and the environment.
    (3) Due to circumstances beyond the applicant's control, such 
alternative capacity cannot reasonably be made available by the 
applicable effective date. This demonstration may include

[[Page 177]]

a showing that the technical and practical difficulties associated with 
providing the alternative capacity will result in the capacity not being 
available by the applicable effective date;
    (4) The capacity being constructed or otherwise provided by the 
applicant will be sufficient to manage the entire quantity of waste that 
is the subject of the application;
    (5) He provides a detailed schedule for obtaining required operating 
and construction permits or an outline of how and when alternative 
capacity will be available;
    (6) He has arranged for adequate capacity to manage his waste during 
an extension and has documented in the application the location of all 
sites at which the waste will be managed; and
    (7) Any waste managed in a surface impoundment or landfill during 
the extension period will meet the requirements of paragraph (h)(2) of 
this section.
    (b) An authorized representative signing an application described 
under paragraph (a) of this section shall make the following 
certification:

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this document and all 
attachments and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the information is true, accurate, and complete. I am aware that there 
are significant penalties for submitting false information, including 
the possibility of fine and imprisonment.

    (c) After receiving an application for an extension, the 
Administrator may request any additional information which he deems as 
necessary to evaluate the application.
    (d) An extension will apply only to the waste generated at the 
individual facility covered by the application and will not apply to 
restricted waste from any other facility.
    (e) On the basis of the information referred to in paragraph (a) of 
this section, after notice and opportunity for comment, and after 
consultation with appropriate State agencies in all affected States, the 
Administrator may grant an extension of up to 1 year from the effective 
date. The Administrator may renew this extension for up to 1 additional 
year upon the request of the applicant if the demonstration required in 
paragraph (a) of this section can still be made. In no event will an 
extension extend beyond 24 months from the applicable effective date 
specified in subpart C of part 268. The length of any extension 
authorized will be determined by the Administrator based on the time 
required to construct or obtain the type of capacity needed by the 
applicant as described in the completion schedule discussed in paragraph 
(a)(5) of this section. The Administrator will give public notice of the 
intent to approve or deny a petition and provide an opportunity for 
public comment. The final decision on a petition will be published in 
the Federal Register.
    (f) Any person granted an extension under this section must 
immediately notify the Administrator as soon as he has knowledge of any 
change in the conditions certified to in the application.
    (g) Any person granted an extension under this section shall submit 
written progress reports at intervals designated by the Administrator. 
Such reports must describe the overall progress made toward constructing 
or otherwise providing alternative treatment, recovery or disposal 
capacity; must identify any event which may cause or has caused a delay 
in the development of the capacity; and must summarize the steps taken 
to mitigate the delay. The Administrator can revoke the extension at any 
time if the applicant does not demonstrate a good-faith effort to meet 
the schedule for completion, if the Agency denies or revokes any 
required permit, if conditions certified in the application change, or 
for any violation of this chapter.
    (h) Whenever the Administrator establishes an extension to an 
effective date under this section, during the period for which such 
extension is in effect:
    (1) The storage restrictions under Sec. 268.50(a) do not apply; and
    (2) Such hazardous waste may be disposed in a landfill or surface 
impoundment only if such unit is in compliance with the technical 
requirements of the following provisions regardless of

[[Page 178]]

whether such unit is existing, new, or a replacement or lateral 
expansion.
    (i) The landfill, if in interim status, is in compliance with the 
requirements of subpart F of part 265 and Sec. 265.301 (a), (c), and 
(d) of this chapter; or,
    (ii) The landfill, if permitted, is in compliance with the 
requirements of subpart F of part 264 and Sec. 264.301 (c), (d) and (e) 
of this chapter; or
    (iii) The surface impoundment, if in interim status, is in 
compliance with the requirements of subpart F of part 265, Sec. 265.221 
(a), (c), and (d) of this chapter, and RCRA section 3005(j)(1); or
    (iv) The surface impoundment, if permitted, is in compliance with 
the requirements of subpart F of part 264 and Sec. 264.221 (c), (d) and 
(e) of this chapter; or
    (v) The surface impoundment, if newly subject to RCRA section 
3005(j)(1) due to the promulgation of additional listings or 
characteristics for the identification of hazardous waste, is in 
compliance with the requirements of subpart F of part 265 of this 
chapter within 12 months after the promulgation of additional listings 
or characteristics of hazardous waste, and with the requirements of 
Sec. 265.221 (a), (c) and (d) of this chapter within 48 months after 
the promulgation of additional listings or characteristics of hazardous 
waste. If a national capacity variance is granted, during the period the 
variance is in effect, the surface impoundment, if newly subject to RCRA 
section 3005(j)(1) due to the promulgation of additional listings or 
characteristics of hazardous waste, is in compliance with the 
requirements of subpart F of part 265 of this chapter within 12 months 
after the promulgation of additional listings or characteristics of 
hazardous waste, and with the requirements of Sec. 265.221 (a), (c) and 
(d) of this chapter within 48 months after the promulgation of 
additional listings or characteristics of hazardous waste; or
    (vi) The landfill, if disposing of containerized liquid hazardous 
wastes containing PCBs at concentrations greater than or equal to 50 ppm 
but less than 500 ppm, is also in compliance with the requirements of 40 
CFR 761.75 and parts 264 and 265.
    (i) Pending a decision on the application the applicant is required 
to comply with all restrictions on land disposal under this part once 
the effective date for the waste has been reached.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25788, July 8, 1987; 54 FR 36971, Sept. 6, 1989; 55 FR 23935, June 
13, 1990; 57 FR 37270, Aug. 18, 1992]



Sec. 268.6  Petitions to allow land disposal of a waste prohibited
under subpart C of part 268.

    (a) Any person seeking an exemption from a prohibition under subpart 
C of this part for the disposal of a restricted hazardous waste in a 
particular unit or units must submit a petition to the Administrator 
demonstrating, to a reasonable degree of certainty, that there will be 
no migration of hazardous constituents from the disposal unit or 
injection zone for as long as the wastes remain hazardous. The 
demonstration must include the following components:
    (1) An identification of the specific waste and the specific unit 
for which the demonstration will be made;
    (2) A waste analysis to describe fully the chemical and physical 
characteristics of the subject waste;
    (3) A comprehensive characterization of the disposal unit site 
including an analysis of background air, soil, and water quality.
    (4) A monitoring plan that detects migration at the earliest 
practicable time;
    (5) Sufficient information to assure the Administrator that the 
owner or operator of a land disposal unit receiving restricted waste(s) 
will comply with other applicable Federal, State, and local laws.
    (b) The demonstration referred to in paragraph (a) of this section 
must meet the following criteria:
    (1) All waste and environmental sampling, test, and analysis data 
must be accurate and reproducible to the extent that state-of-the-art 
techniques allow;
    (2) All sampling, testing, and estimation techniques for chemical 
and physical properties of the waste and all environmental parameters 
must have been approved by the Administrator;
    (3) Simulation models must be calibrated for the specific waste and 
site conditions, and verified for accuracy by comparison with actual 
measurements;

[[Page 179]]

    (4) A quality assurance and quality control plan that addresses all 
aspects of the demonstration must be approved by the Administrator; and,
    (5) An analysis must be performed to identify and quantify any 
aspects of the demonstration that contribute significantly to 
uncertainty. This analysis must include an evaluation of the 
consequences of predictable future events, including, but not limited 
to, earthquakes, floods, severe storm events, droughts, or other natural 
phenomena.
    (c) Each petition referred to in paragraph (a) of this section must 
include the following:
    (1) A monitoring plan that describes the monitoring program 
installed at and/or around the unit to verify continued compliance with 
the conditions of the variance. This monitoring plan must provide 
information on the monitoring of the unit and/or the environment around 
the unit. The following specific information must be included in the 
plan:
    (i) The media monitored in the cases where monitoring of the 
environment around the unit is required;
    (ii) The type of monitoring conducted at the unit, in the cases 
where monitoring of the unit is required;
    (iii) The location of the monitoring stations;
    (iv) The monitoring interval (frequency of monitoring at each 
station);
    (v) The specific hazardous constituents to be monitored;
    (vi) The implementation schedule for the monitoring program;
    (vii) The equipment used at the monitoring stations;
    (viii) The sampling and analytical techniques employed; and
    (ix) The data recording/reporting procedures.
    (2) Where applicable, the monitoring program described in paragraph 
(c)(1) of this section must be in place for a period of time specified 
by the Administrator, as part of his approval of the petition, prior to 
receipt of prohibited waste at the unit.
    (3) The monitoring data collected according to the monitoring plan 
specified under paragraph (c)(1) of this section must be sent to the 
Administrator according to a format and schedule specified and approved 
in the monitoring plan, and
    (4) A copy of the monitoring data collected under the monitoring 
plan specified under paragraph (c)(1) of this section must be kept on-
site at the facility in the operating record.
    (5) The monitoring program specified under paragraph (c)(1) of this 
section meets the following criteria:
    (i) All sampling, testing, and analytical data must be approved by 
the Administrator and must provide data that is accurate and 
reproducible.
    (ii) All estimation and monitoring techniques must be approved by 
the Administrator.
    (iii) A quality assurance and quality control plan addressing all 
aspects of the monitoring program must be provided to and approved by 
the Administrator.
    (d) Each petition must be submitted to the Administrator.
    (e) After a petition has been approved, the owner or operator must 
report any changes in conditions at the unit and/or the environment 
around the unit that significantly depart from the conditions described 
in the variance and affect the potential for migration of hazardous 
constituents from the units as follows:
    (1) If the owner or operator plans to make changes to the unit 
design, construction, or operation, such a change must be proposed, in 
writing, and the owner or operator must submit a demonstration to the 
Administrator at least 30 days prior to making the change. The 
Administrator will determine whether the proposed change invalidates the 
terms of the petition and will determine the appropriate response. Any 
change must be approved by the Administrator prior to being made.
    (2) If the owner or operator discovers that a condition at the site 
which was modeled or predicted in the petition does not occur as 
predicted, this change must be reported, in writing, to the 
Administrator within 10 days of discovering the change. The 
Administrator will determine whether the reported change from the terms 
of the petition requires further action, which

[[Page 180]]

may include termination of waste acceptance and revocation of the 
petition, petition modifications, or other responses.
    (f) If the owner or operator determines that there is migration of 
hazardous constituent(s) from the unit, the owner or operator must:
    (1) Immediately suspend receipt of prohibited waste at the unit, and
    (2) Notify the Administrator, in writing, within 10 days of the 
determination that a release has occurred.
    (3) Following receipt of the notification the Administrator will 
determine, within 60 days of receiving notification, whether the owner 
or operator can continue to receive prohibited waste in the unit and 
whether the variance is to be revoked. The Administrator shall also 
determine whether further examination of any migration is warranted 
under applicable provisions of part 264 or part 265.
    (g) Each petition must include the following statement signed by the 
petitioner or an authorized representative:

I certify under penalty of law that I have personally examined and am 
familiar with the information submitted in this petition and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
submitted information is true, accurate, and complete. I am aware that 
there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.

    (h) After receiving a petition, the Administrator may request any 
additional information that reasonably may be required to evaluate the 
demonstration.
    (i) If approved, the petition will apply to land disposal of the 
specific restricted waste at the individual disposal unit described in 
the demonstration and will not apply to any other restricted waste at 
that disposal unit, or to that specific restricted waste at any other 
disposal unit.
    (j) The Administrator will give public notice in the Federal 
Register of the intent to approve or deny a petition and provide an 
opportunity for public comment. The final decision on a petition will be 
published in the Federal Register.
    (k) The term of a petition granted under this section shall be no 
longer than the term of the RCRA permit if the disposal unit is 
operating under a RCRA permit, or up to a maximum of 10 years from the 
date of approval provided under paragraph (g) of this section if the 
unit is operating under interim status. In either case, the term of the 
granted petition shall expire upon the termination or denial of a RCRA 
permit, or upon the termination of interim status or when the volume 
limit of waste to be land disposed during the term of petition is 
reached.
    (l) Prior to the Administrator's decision, the applicant is required 
to comply with all restrictions on land disposal under this part once 
the effective date for the waste has been reached.
    (m) The petition granted by the Administrator does not relieve the 
petitioner of his responsibilities in the management of hazardous waste 
under 40 CFR part 260 through part 271.
    (n) Liquid hazardous wastes containing polychlorinated biphenyls at 
concentrations greater than or equal to 500 ppm are not eligible for an 
exemption under this section.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54 FR 36971, Sept. 
6, 1989; 71 FR 40278, July 14, 2006]



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

    (a) Requirements for generators and reverse distributors--(1) A 
generator of hazardous waste must determine if the waste has to be 
treated before it can be land disposed. This is done by determining if 
the hazardous waste meets the treatment standards in Sec. 268.40, 
268.45, or Sec. 268.49. This determination can be made concurrently 
with the hazardous waste determination required in Sec. 262.11 of this 
chapter, in either of two ways: testing the waste or using knowledge of 
the waste. If the generator tests the waste, testing would normally 
determine the total concentration of hazardous constituents, or the 
concentration of hazardous constituents in an extract of the waste 
obtained using test method 1311 in ``Test Methods of Evaluating Solid 
Waste,

[[Page 181]]

Physical/Chemical Methods,'' EPA Publication SW-846, (incorporated by 
reference, see Sec. 260.11 of this chapter), depending on whether the 
treatment standard for the waste is expressed as a total concentration 
or concentration of hazardous constituent in the waste's extract. 
(Alternatively, the generator must send the waste to a RCRA-permitted 
hazardous waste treatment facility, where the waste treatment facility 
must comply with the requirements of Sec. 264.13 of this chapter and 
paragraph (b) of this section.) In addition, some hazardous wastes must 
be treated by particular treatment methods before they can be land 
disposed and some soils are contaminated by such hazardous wastes. These 
treatment standards are also found in Sec. 268.40, and are described in 
detail in Sec. 268.42, Table 1. These wastes, and soils contaminated 
with such wastes, do not need to be tested (however, if they are in a 
waste mixture, other wastes with concentration level treatment standards 
would have to be tested). If a generator determines they are managing a 
waste or soil contaminated with a waste, that displays a hazardous 
characteristic of ignitability, corrosivity, reactivity, or toxicity, 
they must comply with the special requirements of Sec. 268.9 of this 
part in addition to any applicable requirements in this section.
    (2) If the waste or contaminated soil does not meet the treatment 
standards, or if the generator chooses not to make the determination of 
whether his waste must be treated, with the initial shipment of waste to 
each treatment or storage facility, the generator must send a one-time 
written notice to each treatment or storage facility receiving the 
waste, and place a copy in the file. The notice must include the 
information in column ``268.7(a)(2)'' of the Generator Paperwork 
Requirements Table in paragraph (a)(4) of this section. (Alternatively, 
if the generator chooses not to make the determination of whether the 
waste must be treated, the notification must include the EPA Hazardous 
Waste Numbers and Manifest Number of the first shipment and must state 
``This hazardous waste may or may not be subject to the LDR treatment 
standards. The treatment facility must make the determination.'') No 
further notification is necessary until such time that the waste or 
facility change, in which case a new notification must be sent and a 
copy placed in the generator's file.
    (3) If the waste or contaminated soil meets the treatment standard 
at the original point of generation:
    (i) With the initial shipment of waste to each treatment, storage, 
or disposal facility, the generator must send a one-time written notice 
to each treatment, storage, or disposal facility receiving the waste, 
and place a copy in the file. The notice must include the information 
indicated in column ``268.7(a)(3)'' of the Generator Paperwork 
Requirements Table in Sec. 268.7(a)(4) and the following certification 
statement, signed by an authorized representative:

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

    (ii) For contaminated soil, with the initial shipment of wastes to 
each treatment, storage, or disposal facility, the generator must send a 
one-time written notice to each facility receiving the waste and place a 
copy in the file. The notice must include the information in column 
``268.7(a)(3)'' of the Generator Paperwork Requirements Table in Sec. 
268.7(a)(4).
    (iii) If the waste changes, the generator must send a new notice and 
certification to the receiving facility, and place a copy in their 
files. Generators of hazardous debris excluded from the definition of 
hazardous waste under Sec. 261.3(f) of this chapter are not subject to 
these requirements.
    (4) For reporting, tracking, and recordkeeping when exceptions allow 
certain wastes or contaminated soil that do not meet the treatment 
standards to be land disposed: There are certain exemptions from the 
requirement that hazardous wastes or contaminated soil meet treatment 
standards before they can be land disposed. These include,

[[Page 182]]

but are not limited to case-by-case extensions under Sec. 268.5, 
disposal in a no-migration unit under Sec. 268.6, or a national 
capacity variance or case-by-case capacity variance under subpart C of 
this part. If a generator's waste is so exempt, then with the initial 
shipment of waste, the generator must send a one-time written notice to 
each land disposal facility receiving the waste. The notice must include 
the information indicated in column ``268.7(a)(4)'' of the Generator 
Paperwork Requirements Table below. If the waste changes, the generator 
must send a new notice to the receiving facility, and place a copy in 
their files.

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

    (5) If a generator is managing and treating prohibited waste or 
contaminated soil in tanks, containers, or containment buildings 
regulated under 40 CFR 262.15, 262.16, and 262.17 to meet applicable LDR 
treatment standards found at Sec. 268.40, the generator must develop 
and follow a written waste analysis plan which describes the procedures 
they will carry out to comply with the treatment standards. (Generators 
treating hazardous debris under the alternative treatment standards of 
Table 1 to Sec. 268.45, however, are not subject to these waste 
analysis requirements.) The plan must be kept on site in the generator's 
records, and the following requirements must be met:
    (i) The waste analysis plan must be based on a detailed chemical and 
physical analysis of a representative sample of the prohibited waste(s) 
being treated, and contain all information necessary to treat the 
waste(s) in accordance with the requirements of this part, including the 
selected testing frequency.
    (ii) Such plan must be kept in the facility's on-site files and made 
available to inspectors.
    (iii) Wastes shipped off-site pursuant to this paragraph must comply 
with the notification requirements of Sec. 268.7(a)(3).
    (6) If a generator determines that the waste or contaminated soil is 
restricted based solely on his knowledge of the waste, all supporting 
data used to make this determination must be retained on-site in the 
generator's files. If a generator determines that the waste is 
restricted based on testing this waste or an extract developed using the 
test method 1311 in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA

[[Page 183]]

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

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

    (ii) No further notification is necessary until such time that the 
wastes in the lab pack change, or the receiving facility changes, in 
which case a new notice and certification must be sent and a copy placed 
in the generator's file.
    (iii) If the lab pack contains characteristic hazardous wastes 
(D001-D043), underlying hazardous constituents (as defined in Sec. 
268.2(i)) need not be determined.
    (iv) The generator must also comply with the requirements in 
paragraphs (a)(6) and (a)(7) of this section.
    (10) Small quantity generators with tolling agreements pursuant to 
40 CFR 262.20(e) must comply with the applicable notification and 
certification requirements of paragraph (a) of this section for the 
initial shipment of the waste subject to the agreement. Such generators 
must retain on-site a copy of the notification and certification, 
together with the tolling agreement, for at least three years after 
termination or expiration of the agreement. The three-year record 
retention period is automatically extended during the course of any 
unresolved enforcement action regarding the regulated activity or as 
requested by the Administrator.
    (b) Treatment facilities must test their wastes according to the 
frequency specified in their waste analysis plans as required by 40 CFR 
264.13 (for permitted TSDs) or 40 CFR 265.13 (for interim status 
facilities). Such testing must be performed as provided in paragraphs 
(b)(1), (b)(2) and (b)(3) of this section.
    (1) For wastes or contaminated soil with treatment standards 
expressed in

[[Page 184]]

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

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

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

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


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

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

    (i) A copy of the certification must be placed in the treatment 
facility's on-site files. If the waste or treatment residue changes, or 
the receiving facility changes, a new certification must be sent to the 
receiving facility, and a copy placed in the file.
    (ii) Debris excluded from the definition of hazardous waste under 
Sec. 261.3(f) of this chapter (i.e., debris treated by an extraction or 
destruction technology provided by Table 1, Sec. 268.45, and debris 
that the Director has determined does not contain hazardous waste), 
however, is subject to the notification and certification requirements 
of paragraph (d) of this section rather than the certification 
requirements of this paragraph.

[[Page 185]]

    (iii) For wastes with organic constituents having treatment 
standards expressed as concentration levels, if compliance with the 
treatment standards is based in whole or in part on the analytical 
detection limit alternative specified in Sec. 268.40(d), the 
certification, signed by an authorized representative, must state the 
following:

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

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

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

    (v) For characteristic wastes that contain underlying hazardous 
constituents as defined Sec. 268.2(i) that are treated on-site to 
remove the hazardous characteristic to treat underlying hazardous 
constituents to levels in Sec. 268.48 Universal Treatment Standards, 
the certification must state the following:

    I certify under penalty of law that the waste has been treated in 
accordance with the requirements of 40 CFR 268.40 to remove the 
hazardous characteristic and that underlying hazardous constituents, as 
defined in Sec. 268.2(i) have been treated on-site to meet the Sec. 
268.48 Universal Treatment Standards. I am aware that there are 
significant penalties for submitting a false certification, including 
the possibility of fine and imprisonment.

    (5) If the waste or treatment residue will be further managed at a 
different treatment, storage, or disposal facility, the treatment, 
storage, or disposal facility sending the waste or treatment residue 
off-site must comply with the notice and certification requirements 
applicable to generators under this section.
    (6) Where the wastes are recyclable materials used in a manner 
constituting disposal subject to the provisions of Sec. 266.20(b) of 
this chapter regarding treatment standards and prohibition levels, the 
owner or operator of a treatment facility (i.e., the recycler) must, for 
the initial shipment of waste, prepare a one-time certification 
described in paragraph (b)(4) of this section, and a one-time notice 
which includes the information in paragraph (b)(3) of this section 
(except the manifest number). The certification and notification must be 
placed in the facility's on-site files. If the waste or the receiving 
facility changes, a new certification and notification must be prepared 
and placed in the on site files. In addition, the recycling facility 
must also keep records of the name and location of each entity receiving 
the hazardous waste-derived product.
    (c) Except where the owner or operator is disposing of any waste 
that is a recyclable material used in a manner constituting disposal 
pursuant to 40 CFR 266.20(b), the owner or operator of any land disposal 
facility disposing any waste subject to restrictions under this part 
must:
    (1) Have copies of the notice and certifications specified in 
paragraph (a) or (b) of this section.
    (2) Test the waste, or an extract of the waste or treatment residue 
developed using test method 1311 (the Toxicity Characteristic Leaching 
Procedure, described in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846 as incorporated by 
reference in Sec. 260.11 of this chapter), to assure that the wastes or 
treatment residues are in compliance with the applicable treatment 
standards set forth in subpart D

[[Page 186]]

of this part. Such testing must be performed according to the frequency 
specified in the facility's waste analysis plan as required by Sec. 
264.13 or Sec. 265.13 of this chapter.
    (d) Generators or treaters who first claim that hazardous debris is 
excluded from the definition of hazardous waste under Sec. 261.3(f) of 
this chapter (i.e., debris treated by an extraction or destruction 
technology provided by Table 1, Sec. 268.45, and debris that the EPA 
Regional Administrator (or his designated representative) or State 
authorized to implement part 268 requirements has determined does not 
contain hazardous waste) are subject to the following notification and 
certification requirements:
    (1) A one-time notification, including the following information, 
must be submitted to the EPA Regional hazardous waste management 
division director (or his designated representative) or State authorized 
to implement part 268 requirements:
    (i) The name and address of the Subtitle D facility receiving the 
treated debris;
    (ii) A description of the hazardous debris as initially generated, 
including the applicable EPA Hazardous Waste Number(s); and
    (iii) For debris excluded under Sec. 261.3(f)(1) of this chapter, 
the technology from Table 1, Sec. 268.45, used to treat the debris.
    (2) The notification must be updated if the debris is shipped to a 
different facility, and, for debris excluded under Sec. 261.2(f)(1) of 
this chapter, if a different type of debris is treated or if a different 
technology is used to treat the debris.
    (3) For debris excluded under Sec. 261.3(f)(1) of this chapter, the 
owner or operator of the treatment facility must document and certify 
compliance with the treatment standards of Table 1, Sec. 268.45, as 
follows:
    (i) Records must be kept of all inspections, evaluations, and 
analyses of treated debris that are made to determine compliance with 
the treatment standards;
    (ii) Records must be kept of any data or information the treater 
obtains during treatment of the debris that identifies key operating 
parameters of the treatment unit; and
    (iii) For each shipment of treated debris, a certification of 
compliance with the treatment standards must be signed by an authorized 
representative and placed in the facility's files. The certification 
must state the following: ``I certify under penalty of law that the 
debris has been treated in accordance with the requirements of 40 CFR 
268.45. I am aware that there are significant penalties for making a 
false certification, including the possibility of fine and 
imprisonment.''
    (e) Generators and treaters who first receive from EPA or an 
authorized state a determination that a given contaminated soil subject 
to LDRs as provided in Sec. 268.49(a) no longer contains a listed 
hazardous waste and generators and treaters who first determine that a 
contaminated soil subject to LDRs as provided in Sec. 268.49(a) no 
longer exhibits a characteristic of hazardous waste must:
    (1) Prepare a one-time only documentation of these determinations 
including all supporting information; and,
    (2) Maintain that information in the facility files and other 
records for a minimum of three years.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987]

    Editorial Note: For Federal Register citations affecting Sec. 
268.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 268.8  [Reserved]



Sec. 268.9  Special rules regarding wastes that exhibit a characteristic.

    (a) The initial generator of a solid waste must determine each EPA 
Hazardous Waste Number (waste code) applicable to the waste in order to 
determine the applicable treatment standards under subpart D of this 
part. This determination may be made concurrently with the hazardous 
waste determination required in Sec. 262.11 of this chapter. For 
purposes of part 268, the waste will carry the waste code for any 
applicable listed waste (40 CFR part 261, subpart D). In addition, where 
the waste exhibits a characteristic, the

[[Page 187]]

waste will carry one or more of the characteristic waste codes (40 CFR 
part 261, subpart C), except when the treatment standard for the listed 
waste operates in lieu of the treatment standard for the characteristic 
waste, as specified in paragraph (b) of this section. If the generator 
determines that their waste displays a hazardous characteristic (and is 
not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of Sec. 
268.42, Table 1), the generator must determine the underlying hazardous 
constituents (as defined at Sec. 268.2(i)) in the characteristic waste.
    (b) Where a prohibited waste is both listed under 40 CFR part 261, 
subpart D and exhibits a characteristic under 40 CFR part 261, subpart 
C, the treatment standard for the waste code listed in 40 CFR part 261, 
subpart D will operate in lieu of the standard for the waste code under 
40 CFR part 261, subpart C, provided that the treatment standard for the 
listed waste includes a treatment standard for the constituent that 
causes the waste to exhibit the characteristic. Otherwise, the waste 
must meet the treatment standards for all applicable listed and 
characteristic waste codes.
    (c) In addition to any applicable standards determined from the 
initial point of generation, no prohibited waste which exhibits a 
characteristic under 40 CFR part 261, subpart C may be land disposed 
unless the waste complies with the treatment standards under subpart D 
of this part.
    (d) Wastes that exhibit a characteristic are also subject to Sec. 
268.7 requirements, except that once the waste is no longer hazardous, a 
one-time notification and certification must be placed in the 
generator's or treater's on-site files. The notification and 
certification must be updated if the process or operation generating the 
waste changes and/or if the subtitle D facility receiving the waste 
changes.
    (1) The notification must include the following information:
    (i) Name and address of the RCRA Subtitle D facility receiving the 
waste shipment; and
    (ii) A description of the waste as initially generated, including 
the applicable EPA hazardous waste code(s), treatability group(s), and 
underlying hazardous constituents (as defined in Sec. 268.2(i)), unless 
the waste will be treated and monitored for all underlying hazardous 
constituents. If all underlying hazardous constituents will be treated 
and monitored, there is no requirement to list any of the underlying 
hazardous constituents on the notice.
    (2) The certification must be signed by an authorized representative 
and must state the language found in Sec. 268.7(b)(4).
    (i) If treatment removes the characteristic but does not meet 
standards applicable to underlying hazardous constituents, then the 
certification found in Sec. 268.7(b)(4)(iv) applies.
    (ii) [Reserved]

[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 
FR 37271, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 48045, Sept. 
19, 1994; 60 FR 245, Jan. 3, 1995; 61 FR 15599, 15662, Apr. 8, 1996; 62 
FR 26022, May 12, 1997; 64 FR 25415, May 11, 1999; 71 FR 16913, Apr. 4, 
2006]



 Subpart B_Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards

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



Sec. Sec. 268.10-268.12  [Reserved]



Sec. 268.13  Schedule for wastes identified or listed after November 8, 1984.

    In the case of any hazardous waste identified or listed under 
section 3001 after November 8, 1984, the Administrator shall make a land 
disposal prohibition determination within 6 months after the date of 
identification or listing.



Sec. 268.14  Surface impoundment exemptions.

    (a) This section defines additional circumstances under which an 
otherwise prohibited waste may continue to be placed in a surface 
impoundment.
    (b) Wastes which are newly identified or listed under section 3001 
after November 8, 1984, and stored in a surface impoundment that is 
newly subject to subtitle C of RCRA as a result of the additional 
identification or listing,

[[Page 188]]

may continue to be stored in the surface impoundment for 48 months after 
the promulgation of the additional listing or characteristic, 
notwithstanding that the waste is otherwise prohibited from land 
disposal, provided that the surface impoundment is in compliance with 
the requirements of subpart F of part 265 of this chapter within 12 
months after promulgation of the new listing or characteristic.
    (c) Wastes which are newly identified or listed under section 3001 
after November 8, 1984, and treated in a surface impoundment that is 
newly subject to subtitle C of RCRA as a result of the additional 
identification or listing, may continue to be treated in that surface 
impoundment, notwithstanding that the waste is otherwise prohibited from 
land disposal, provided that surface impoundment is in compliance with 
the requirements of subpart F of part 265 of this chapter within 12 
months after the promulgation of the new listing or characteristic. In 
addition, if the surface impoundment continues to treat hazardous waste 
after 48 months from promulgation of the additional listing or 
characteristic, it must then be in compliance with Sec. 268.4.

[57 FR 37271, Aug. 18, 1992, as amended at 71 FR 40278, July 14, 2006]



                 Subpart C_Prohibitions on Land Disposal



Sec. 268.20  Waste specific prohibitions--Dyes and/or pigments
production wastes.

    (a) Effective August 23, 2005, the waste specified in 40 CFR part 
261 as EPA Hazardous Waste Number K181, and soil and debris contaminated 
with this waste, radioactive wastes mixed with this waste, and soil and 
debris contaminated with radioactive wastes mixed with this waste are 
prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this Part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris has met the treatment standards in Sec. 268.40 
or the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract of the waste, or the 
generator may use knowledge of the waste. If the waste contains 
regulated constituents in excess of the applicable subpart D levels, the 
waste is prohibited from land disposal, and all requirements of part 268 
are applicable, except as otherwise specified.

[70 FR 9177, Feb. 24, 2005]



Sec. Sec. 268.21-268.29  [Reserved]



Sec. 268.30  Waste specific prohibitions--wood preserving wastes.

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

[[Page 189]]

    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44; or
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to those wastes 
covered by the extension.
    (e) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
constituents in excess of the applicable Universal Treatment Standard 
levels of Sec. 268.48 of this part, the waste is prohibited from land 
disposal, and all requirements of part 268 are applicable, except as 
otherwise specified.

[62 FR 26022, May 12, 1997]



Sec. 268.31  Waste specific prohibitions--Dioxin-containing wastes.

    (a) Effective November 8, 1988, the dioxin-containing wastes 
specified in 40 CFR 261.31 as EPA Hazardous Waste Nos. F020, F02l, F022, 
F023, F026, F027, and F028, are prohibited from land disposal unless the 
following condition applies:
    (1) The F020-F023 and F026-F028 dioxin-containing waste is 
contaminated soil and debris resulting from a response action taken 
under section 104 or 106 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) or a corrective action 
taken under subtitle C of the Resource Conservation and Recovery Act 
(RCRA).
    (b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-
containing wastes listed in paragraph (a)(1) of this section are 
prohibited from land disposal.
    (c) Between November 8, 1988, and November 8, 1990, wastes included 
in paragraph (a)(1) of this section may be disposed in a landfill or 
surface impoundment only if such unit is in compliance with the 
requirements specified in Sec. 268.5(h)(2) and all other applicable 
requirements of parts 264 and 265 of this chapter.
    (d) The requirements of paragraphs (a) and (b) of this section do 
not apply if:
    (1) The wastes meet the standards of subpart D of this part; or
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition; or
    (3) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to those wastes 
covered by the extension.

[53 FR 31216, Aug. 17, 1988]



Sec. 268.32  Waste specific prohibitions--Soils exhibiting the toxicity
characteristic for metals and containing PCBs.

    (a) Effective December 26, 2000, the following wastes are prohibited 
from land disposal: any volumes of soil exhibiting the toxicity 
characteristic solely because of the presence of metals (D004--D011) and 
containing PCBs.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1)(i) The wastes contain halogenated organic compounds in total 
concentration less than 1,000 mg/kg; and
    (ii) The wastes meet the treatment standards specified in Subpart D 
of this part for EPA hazardous waste numbers D004--D011, as applicable; 
or
    (2)(i) The wastes contain halogenated organic compounds in total 
concentration less than 1,000 mg/kg; and
    (ii) The wastes meet the alternative treatment standards specified 
in Sec. 268.49 for contaminated soil; or
    (3) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition; or
    (4) The wastes meet applicable alternative treatment standards 
established pursuant to a petition granted under Sec. 268.44.

[65 FR 81380, Dec. 26, 2000]

[[Page 190]]



Sec. 268.33  Waste specific prohibitions--chlorinated aliphatic wastes.

    (a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 
as EPA Hazardous Wastes Numbers K174, and K175, soil and debris 
contaminated with these wastes, radioactive wastes mixed with these 
wastes, and soil and debris contaminated with radioactive wastes mixed 
with these wastes are prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris has met the treatment standards in Sec. 268.40 
or the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
regulated constituents in excess of the applicable levels of subpart D 
of this part, the waste is prohibited from land disposal, and all 
requirements of part 268 are applicable, except as otherwise specified.
    (d) Disposal of K175 wastes that have complied with all applicable 
40 CFR 268.40 treatment standards must also be macroencapsulated in 
accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:
    (1) A Subtitle C monofill containing only K175 wastes that meet all 
applicable 40 CFR 268.40 treatment standards; or
    (2) A dedicated Subtitle C landfill cell in which all other wastes 
being co-disposed are at pH<=6.0.

[65 FR 67127, Nov. 8, 2000]



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

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

[[Page 191]]

    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this part:
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44; or
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (f) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentration in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
constituents (including underlying hazardous constituents in 
characteristic wastes) in excess of the applicable Universal Treatment 
Standard levels of Sec. 268.48 of this part, the waste is prohibited 
from land disposal, and all requirements of part 268 are applicable, 
except as otherwise specified.

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



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

    (a) Effective February 8, 1999, the wastes specified in 40 CFR part 
261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils 
and debris contaminated with these wastes, radioactive wastes mixed with 
these hazardous wastes, and soils and debris contaminated with these 
radioactive mixed wastes, are prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;
    (4) Hazardous debris that have met treatment standards in Sec. 
268.40 or in the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
constituents in excess of the applicable Universal Treatment Standard 
levels of Sec. 268.48, the waste is prohibited from land disposal, and 
all requirements of this part are applicable, except as otherwise 
specified.

[63 FR 42186, Aug. 6, 1998]



Sec. 268.36  Waste specific prohibitions--inorganic chemical wastes.

    (a) Effective May 20, 2002, the wastes specified in 40 CFR part 261 
as EPA Hazardous Wastes Numbers K176, K177, and K178, and soil and 
debris contaminated with these wastes, radioactive wastes mixed with 
these wastes, and soil and debris contaminated with radioactive wastes 
mixed with these wastes are prohibited from land disposal.
    (b) The requirements of paragraph (a) of this section do not apply 
if:
    (1) The wastes meet the applicable treatment standards specified in 
subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable treatment standards established 
pursuant to a petition granted under Sec. 268.44;

[[Page 192]]

    (4) Hazardous debris has met the treatment standards in Sec. 268.40 
or the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (c) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
regulated constituents in excess of the applicable subpart D levels, the 
waste is prohibited from land disposal, and all requirements of this 
part are applicable, except as otherwise specified.

[66 FR 58298, Nov. 20, 2001]



Sec. 268.37  Waste specific prohibitions--ignitable and corrosive
characteristic wastes whose treatment standards were vacated.

    (a) Effective August 9, 1993, the wastes specified in 40 CFR 261.21 
as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and 
specified in Sec. 261.22 as D002, that are managed in systems other 
than those whose discharge is regulated under the Clean Water Act (CWA), 
or that inject in Class I deep wells regulated under the Safe Drinking 
Water Act (SDWA), or that are zero dischargers that engage in CWA-
equivalent treatment before ultimate land disposal, are prohibited from 
land disposal. CWA-equivalent treatment means biological treatment for 
organics, alkaline chlorination or ferrous sulfate precipitation for 
cyanide, precipitation/sedimentation for metals, reduction of hexavalent 
chromium, or other treatment technology that can be demonstrated to 
perform equally or greater than these technologies.
    (b) Effective February 10, 1994, the wastes specified in 40 CFR 
261.21 as D001 (and is not in the High TOC Ignitable Liquids 
Subcategory), and specified in Sec. 261.22 as D002, that are managed in 
systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection 
wells, that do not engage in CWA-equivalent treatment before injection, 
are prohibited from land disposal.

[58 FR 29885, May 24, 1993]



Sec. 268.38  Waste specific prohibitions--newly identified organic 
toxicity characteristic wastes and newly listed coke by-product
and chlorotoluene production 
          wastes.

    (a) Effective December 19, 1994, the wastes specified in 40 CFR 
261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, 
K147, K148, K149, K150, and K151 are prohibited from land disposal. In 
addition, debris contaminated with EPA Hazardous Waste numbers F037, 
F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, 
U359, and soil and debris contaminated with D012-D043, K141-K145, and 
K147-K151 are prohibited from land disposal. The following wastes that 
are specified in 40 CFR 261.24, Table 1 as EPA Hazardous Waste numbers: 
D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, 
D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, 
D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, 
or that are managed in systems other than those whose discharge is 
regulated under the Clean Water Act (CWA), or that are zero dischargers 
that do not engage in CWA-equivalent treatment before ultimate land 
disposal, or that are injected in Class I deep wells regulated under the 
Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA-
equivalent treatment means biological treatment for organics, alkaline 
chlorination or ferrous sulfate precipitation for cyanide, 
precipitation/ sedimentation for metals, reduction of hexavalent 
chromium, or other treatment technology that can be demonstrated to 
perform equally or better than these technologies.
    (b) On September 19, 1996, radioactive wastes that are mixed with 
D018-D043 that are managed in systems other than those whose discharge 
is regulated under the Clean Water Act (CWA), or that inject in Class I 
deep wells regulated under the Safe Drinking Water Act (SDWA), or that 
are zero

[[Page 193]]

dischargers that engage in CWA-equivalent treatment before ultimate land 
disposal, are prohibited from land disposal. CWA-equivalent treatment 
means biological treatment for organics, alkaline chlorination or 
ferrous sulfate precipitation for cyanide, precipitation/ sedimentation 
for metals, reduction of hexavalent chromium, or other treatment 
technology that can be demonstrated to perform equally or greater than 
these technologies. Radioactive wastes mixed with K141-K145, and K147-
K151 are also prohibited from land disposal. In addition, soil and 
debris contaminated with these radioactive mixed wastes are prohibited 
from land disposal.
    (c) Between December 19, 1994 and September 19, 1996, the wastes 
included in paragraphs (b) of this section may be disposed in a landfill 
or surface impoundment, only if such unit is in compliance with the 
requirements specified in Sec. 268.5(h)(2) of this Part.
    (d) The requirements of paragraphs (a), (b), and (c) of this section 
do not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (e) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
constituents in excess of the applicable Subpart D levels, the waste is 
prohibited from land disposal, and all requirements of part 268 are 
applicable, except as otherwise specified.

[59 FR 48045, Sept. 19, 1995]



Sec. 268.39  Waste specific prohibitions--spent aluminum potliners; 
reactive; and carbamate wastes.

    (a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA 
Hazardous Waste numbers K156-K159, and K161; and in 40 CFR 261.33 as EPA 
Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, 
P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, 
U395, U404, and U409-U411 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003 
that are managed in systems other than those whose discharge is 
regulated under the Clean Water Act (CWA), or that inject in Class I 
deep wells regulated under the Safe Drinking Water Act (SDWA), or that 
are zero dischargers that engage in CWA-equivalent treatment before 
ultimate land disposal, are prohibited from land disposal. This 
prohibition does not apply to unexploded ordnance and other explosive 
devices which have been the subject of an emergency response. (Such D003 
wastes are prohibited unless they meet the treatment standard of DEACT 
before land disposal (see Sec. 268.40)).
    (c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as 
EPA Hazardous Waste number K088 are prohibited from land disposal. In 
addition, soil and debris contaminated with these wastes are prohibited 
from land disposal.
    (d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, 
K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 
U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and 
U409-U411 are prohibited from land disposal. In addition, soil and 
debris contaminated with these radioactive mixed wastes are prohibited 
from land disposal.
    (e) Between July 8, 1996, and April 8, 1998, the wastes included in 
paragraphs (a), (c), and (d) of this section may be

[[Page 194]]

disposed in a landfill or surface impoundment, only if such unit is in 
compliance with the requirements specified in Sec. 268.5(h)(2).
    (f) The requirements of paragraphs (a), (b), (c), and (d) of this 
section do not apply if:
    (1) The wastes meet the applicable treatment standards specified in 
Subpart D of this part;
    (2) Persons have been granted an exemption from a prohibition 
pursuant to a petition under Sec. 268.6, with respect to those wastes 
and units covered by the petition;
    (3) The wastes meet the applicable alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44;
    (4) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 268.5, with respect to these wastes 
covered by the extension.
    (g) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards specified in Sec. 
268.40, the initial generator must test a sample of the waste extract or 
the entire waste, depending on whether the treatment standards are 
expressed as concentrations in the waste extract or the waste, or the 
generator may use knowledge of the waste. If the waste contains 
constituents in excess of the applicable Subpart D levels, the waste is 
prohibited from land disposal, and all requirements of this part 268 are 
applicable, except as otherwise specified.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996; 62 
FR 1997, Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 
14, 1997; 63 FR 51264, Sept. 24, 1998]



                      Subpart D_Treatment Standards



Sec. 268.40  Applicability of treatment standards.

    (a) A prohibited waste identified in the table ``Treatment Standards 
for Hazardous Wastes'' may be land disposed only if it meets the 
requirements found in the table. For each waste, the table identifies 
one of three types of treatment standard requirements:
    (1) All hazardous constituents in the waste or in the treatment 
residue must be at or below the values found in the table for that waste 
(``total waste standards''); or
    (2) The hazardous constituents in the extract of the waste or in the 
extract of the treatment residue must be at or below the values found in 
the table (``waste extract standards''); or
    (3) The waste must be treated using the technology specified in the 
table (``technology standard''), which are described in detail in Sec. 
268.42, Table 1--Technology Codes and Description of Technology-Based 
Standards.
    (b) For wastewaters, compliance with concentration level standards 
is based on maximums for any one day, except for D004 through D011 
wastes for which the previously promulgated treatment standards based on 
grab samples remain in effect. For all nonwastewaters, compliance with 
concentration level standards is based on grab sampling. For wastes 
covered by the waste extract standards, the test Method 1311, the 
Toxicity Characteristic Leaching Procedure found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11, must be used to 
measure compliance. An exception is made for D004 and D008, for which 
either of two test methods may be used: Method 1311, or Method 1310B, 
the Extraction Procedure Toxicity Test. For wastes covered by a 
technology standard, the wastes may be land disposed after being treated 
using that specified technology or an equivalent treatment technology 
approved by the Administrator under the procedures set forth in Sec. 
268.42(b).
    (c) When wastes with differing treatment standards for a constituent 
of concern are combined for purposes of treatment, the treatment residue 
must meet the lowest treatment standard for the constituent of concern.
    (d) Notwithstanding the prohibitions specified in paragraph (a) of 
this section, treatment and disposal facilities may demonstrate (and 
certify pursuant to 40 CFR 268.7(b)(5)) compliance with the treatment 
standards for organic constituents specified by a footnote in the table 
``Treatment Standards for Hazardous Wastes'' in this section, provided 
the following conditions are satisfied:

[[Page 195]]

    (1) The treatment standards for the organic constituents were 
established based on incineration in units operated in accordance with 
the technical requirements of 40 CFR part 264, subpart O, or based on 
combustion in fuel substitution units operating in accordance with 
applicable technical requirements;
    (2) The treatment or disposal facility has used the methods 
referenced in paragraph (d)(1) of this section to treat the organic 
constituents; and
    (3) The treatment or disposal facility may demonstrate compliance 
with organic constituents if good-faith analytical efforts achieve 
detection limits for the regulated organic constituents that do not 
exceed the treatment standards specified in this section by an order of 
magnitude.
    (e) For characteristic wastes (D001-D043) that are subject to 
treatment standards in the following table ``Treatment Standards for 
Hazardous Wastes,'' and are not managed in a wastewater treatment system 
that is regulated under the Clean Water Act (CWA), that is CWA-
equivalent, or that is injected into a Class I nonhazardous deep 
injection well, all underlying hazardous constituents (as defined in 
Sec. 268.2(i)) must meet Universal Treatment Standards, found in Sec. 
268.48, Table Universal Treatment Standards, prior to land disposal as 
defined in Sec. 268.2(c) of this part.
    (f) The treatment standards for F001-F005 nonwastewater constituents 
carbon disulfide, cyclohexanone, and/or methanol apply to wastes which 
contain only one, two, or three of these constituents. Compliance is 
measured for these constituents in the waste extract from test Method 
1311, the Toxicity Characteristic Leaching Procedure found in ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods'', EPA 
Publication SW-846, as incorporated by reference in Sec. 260.11. If the 
waste contains any of these three constituents along with any of the 
other 25 constituents found in F001-F005, then compliance with treatment 
standards for carbon disulfide, cyclohexanone, and/or methanol are not 
required.
    (g) Between August 26, 1996 and March 4, 1999 the treatment 
standards for the wastes specified in 40 CFR 261.32 as EPA Hazardous 
Waste numbers K156-K161; and in 40 CFR 261.33 as EPA Hazardous Waste 
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 
U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-
U404, U407, and U409-U411; and soil contaminated with these wastes; may 
be satisfied by either meeting the constituent concentrations presented 
in the table ``Treatment Standards for Hazardous Wastes'' in this 
section, or by treating the waste by the following technologies: 
combustion, as defined by the technology code CMBST at Sec. 268.42 
Table 1, for nonwastewaters; and, biodegradation as defined by the 
technology code BIODG, carbon adsorption as defined by the technology 
code CARBN, chemical oxidation as defined by the technology code CHOXD, 
or combustion as defined as technology code CMBST at Sec. 268.42 Table 
1, for wastewaters.
    (h) Prohibited D004-D011 mixed radioactive wastes and mixed 
radioactive listed wastes containing metal constituents, that were 
previously treated by stabilization to the treatment standards in effect 
at that time and then put into storage, do not have to be re-treated to 
meet treatment standards in this section prior to land disposal.
    (i) [Reserved]
    (j) Effective September 4, 1998, the treatment standards for the 
wastes specified in 40 CFR 261.33 as EPA Hazardous Waste numbers P185, 
P191, P192, P197, U364, U394, and U395 may be satisfied by either 
meeting the constituent concentrations presented in the table 
``Treatment Standards for Hazardous Wastes'' in this section, or by 
treating the waste by the following technologies: combustion, as defined 
by the technology code CMBST at Sec. 268.42 Table 1 of this Part, for 
nonwastewaters; and, biodegradation as defined by the technology code 
BIODG, carbon adsorption as defined by the technology code CARBN, 
chemical oxidation as defined by the technology code CHOXD, or 
combustion as defined as technology code CMBST at Sec. 268.42 Table 1 
of this Part, for wastewaters.

[[Page 196]]



                                                                            Treatment Standards For Hazardous Wastes
                                                                                 [Note: NA means not applicable]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Regulated hazardous constituent                  Wastewaters         Nonwastewaters
                                                                                              --------------------------------------------------------------------------------------------------
                                                                                                                                                                              Concentration \5\
    Waste code             Waste description and treatment/Regulatory subcategory \1\                                                                    Concentration \3\     in mg/kg unless
                                                                                                              Common name                    CAS \2\        in mg/L; or        noted as ``mg/L
                                                                                                                                             number     Technology Code \4\       TCLP''; or
                                                                                                                                                                             Technology Code \4\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D001 \9\           Ignitable Characteristic Wastes, except for the Sec. 261.21(a)(1) High    NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                    TOC Subcategory.                                                                                                                      268.48 standards     268.48 standards
                                                                                                                                                         \8\; or RORGS; or    \8\; or RORGS; or
                                                                                                                                                                          CMBST                CMBST
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   High TOC Ignitable Characteristic Liquids Subcategory based on 40 CFR       NA                                                  NA                   NA              RORGS; CMBST; or
                    261.21(a)(1)--Greater than or equal to 10% total organic carbon. (Note:                                                                                               POLYM
                    This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D002 \9\           Corrosive Characteristic Wastes.                                            NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D002, D004, D005,  Radioactive high level wastes generated during the reprocessing of fuel     Corrosivity (pH)                                    NA                   NA                HLVIT
 D006, D007,        rods. (Note: This subcategory consists of nonwastewaters only.)            Arsenic                                      7440-38-2                   NA                HLVIT
 D008, D009,                                                                                   Barium                                       7440-39-3                   NA                HLVIT
 D010, D011                                                                                    Cadmium                                      7440-43-9                   NA                HLVIT
                                                                                               Chromium (Total)                             7440-47-3                   NA                HLVIT
                                                                                               Lead                                         7439-92-1                   NA                HLVIT
                                                                                               Mercury                                      7439-97-6                   NA                HLVIT
                                                                                               Selenium                                     7782-49-2                   NA                HLVIT
                                                                                               Silver                                       7440-22-4                   NA                HLVIT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D003 \9\           Reactive Sulfides Subcategory based on 261.23(a)(5).                        NA                                                  NA                  DEACT                DEACT
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Explosives Subcategory based on 261.23(a)(6),(7), and (8).                  NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Unexploded ordnance and other explosive devices which have been the         NA                                                  NA                  DEACT                DEACT
                    subject of an emergency response.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Other Reactives Subcategory based on 261.23(a)(1).                          NA                                                  NA                  DEACT and meet Sec. DEACT and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 197]]

 
                   Water Reactive Subcategory based on 261.23(a)(2), (3), and (4). (Note:      NA                                                  NA                   NA                  DEACT and meet Sec.
                    This subcategory consists of nonwastewaters only).                                                                                                         268.48 standards
                                                                                                                                                                                            \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Reactive Cyanides Subcategory based on 261.23(a)(5).                        Cyanides (Total) \7\                           57-12-5             Reserved                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D004 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Arsenic                                      7440-38-2    1.4 and meet Sec. 5.0 mg/L TCLP and
                    toxicity for arsenic based on the toxicity characteristic leaching                                                                    268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D005 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Barium                                       7440-39-3    1.2 and meet Sec. 21 mg/L TCLP and
                    toxicity for barium based on the toxicity characteristic leaching                                                                     268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D006 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Cadmium                                      7440-43-9   0.69 and meet Sec. 0.11 mg/L TCLP and
                    toxicity for cadmium based on the toxicity characteristic leaching                                                                    268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Cadmium Containing Batteries Subcategory. (Note: This subcategory consists  Cadmium                                      7440-43-9                   NA                RTHRM
                    of nonwastewaters only).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated cadmium containing batteries. (Note: This        Cadmium                                      7440-43-9                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D007 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Chromium (Total)                             7440-47-3   2.77 and meet Sec. 0.60 mg/L TCLP and
                    toxicity for chromium based on the toxicity characteristic leaching                                                                   268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D008 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Lead                                         7439-92-1   0.69 and meet Sec. 0.75 mg/L TCLP and
                    toxicity for lead based on the toxicity characteristic leaching procedure                                                             268.48 standards   meet Sec. 268.48
                    (TCLP) in SW846.                                                                                                                                   \8\        standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Lead Acid Batteries Subcategory (Note: This standard only applies to lead   Lead                                         7439-92-1                   NA                RLEAD
                    acid batteries that are identified as RCRA hazardous wastes and that are
                    not excluded elsewhere from regulation under the land disposal
                    restrictions of 40 CFR 268 or exempted under other EPA regulations (see
                    40 CFR 266.80). This subcategory consists of nonwastewaters only.)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactive Lead Solids Subcategory (Note: These lead solids include, but   Lead                                         7439-92-1                   NA                   MACRO
                    are not limited to, all forms of lead shielding and other elemental forms
                    of lead. These lead solids do not include treatment residuals such as
                    hydroxide sludges, other wastewater treatment residuals, or incinerator
                    ashes that can undergo conventional pozzolanic stabilization, nor do they
                    include organo-lead materials that can be incinerated and stabilized as
                    ash. This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 198]]

 
D009 \9\           Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA                 IMERC; OR RMERC
                    characteristic of toxicity for mercury based on the toxicity
                    characteristic leaching procedure (TCLP) in SW846; and contain greater
                    than or equal to 260 mg/kg total mercury that also contain organics and
                    are not incinerator residues. (High Mercury-Organic Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA                 RMERC
                    characteristic of toxicity for mercury based on the toxicity
                    characteristic leaching procedure (TCLP) in SW846; and contain greater
                    than or equal to 260 mg/kg total mercury that are inorganic, including
                    incinerator residues and residues from RMERC. (High Mercury-Inorganic
                    Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Nonwastewaters that exhibit, or are expected to exhibit, the                Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP and
                    characteristic of toxicity for mercury based on the toxicity                                                                                             meet Sec. 268.48
                    characteristic leaching procedure (TCLP) in SW846; and contain less than                                                                                      standards \8\
                    260 mg/kg total mercury and that are residues from RMERC only. (Low
                    Mercury Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All other nonwastewaters that exhibit, or are expected to exhibit, the      Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP and
                    characteristic of toxicity for mercury based on the toxicity                                                                                             meet Sec. 268.48
                    characteristic leaching procedure (TCLP) in SW846; and contain less than                                                                                      standards \8\
                    260 mg/kg total mercury and that are not residues from RMERC. (Low
                    Mercury Subcategory)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All D009 wastewaters.                                                       Mercury                                      7439-97-6          0.15 mg/L TCLP and            NA
                                                                                                                                                        meet Sec. 268.48
                                                                                                                                                             standards \8\
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Elemental mercury contaminated with radioactive materials. (Note: This      Mercury                                      7439-97-6                   NA                AMLGM
                    subcategory consists of nonwastewaters only.)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory.  Mercury                                      7439-97-6                   NA                 IMERC
                    (Note: This subcategory consists of nonwastewaters only.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated mercury containing batteries. (Note: This        Mercury                                      7439-97-6                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 199]]

 
D010 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Selenium                                     7782-49-2   0.82 and meet Sec. 5.7 mg/L TCLP and
                    toxicity for selenium based on the toxicity characteristic leaching                                                                   268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D011 \9\           Wastes that exhibit, or are expected to exhibit, the characteristic of      Silver                                       7440-22-4   0.43 and meet Sec. 0.14 mg/L TCLP and
                    toxicity for silver based on the toxicity characteristic leaching                                                                     268.48 standards   meet Sec. 268.48
                    procedure (TCLP) in SW846.                                                                                                                         \8\        standards \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Radioactively contaminated silver containing batteries. Note: This          Silver                                       7440-22-4                   NA   Macroencapsulation
                    subcategory consists of nonwastewaters only)                                                                                                             in accordance with
                                                                                                                                                                                            40 CFR 268.45.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D012 \9\           Wastes that are TC for Endrin based on the TCLP in SW846 Method 1311.       Endrin                                         72-20-8           BIODG; or CMB0.13 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  Endrin aldehyde                              7421-93-4           BIODG; or CMB0.13 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D013 \9\           Wastes that are TC for Lindane based on the TCLP in SW846 Method 1311.      alpha-BHC                                     319-84-6                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  beta-BHC                                      319-85-7                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  delta-BHC                                     319-86-8                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
                   ..........................................................................  gamma-BHC (Lindane)                            58-89-9                     CAR0.066 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D014 \9\           Wastes that are TC for Methoxychlor based on the TCLP in SW846 Method       Methoxychlor                                   72-43-5            WETOX or CMB0.18 and meet Sec.
                    1311.                                                                                                                                                      268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D015 \9\           Wastes that are TC for Toxaphene based on the TCLP in SW846 Method 1311.    Toxaphene                                    8001-35-2            BIODG or CMBS2.6 and meet Sec.
                                                                                                                                                                               268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D016 \9\           Wastes that are TC for 2,4-D (2,4-Dichlorophenoxyacetic acid) based on the  2,4,-D (2,4-Dichlorophenoxyacetic acid)        94-75-7                     CHOXD10 and meet Sec.
                    TCLP in SW846 Method 1311.                                                                                                                            CMBST268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D017 \9\           Wastes that are TC for 2,4,5-TP (Silvex) based on the TCLP in SW846 Method  2,4,5-TP (Silvex)                              93-72-1                     CHOX7.9 and meet Sec.
                    1311.                                                                                                                                                      268.48 standards
                                                                                                                                                                                            \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 200]]

 
D018 \9\           Wastes that are TC for Benzene based on the TCLP in SW846 Method 1311.      Benzene                                        71-43-2   0.14 and meet Sec. 10 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D019 \9\           Wastes that are TC for Carbon tetrachloride based on the TCLP in SW846      Carbon tetrachloride                           56-23-5   0.057 and meet Sec. 6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D020 \9\           Wastes that are TC for Chlordane based on the TCLP in SW846 Method 1311.    Chlordane (alpha and gamma isomers)            57-74-9      0.0033 and meet   0.26 and meet Sec.
                                                                                                                                                             Sec. 268.48     268.48 standards
                                                                                                                                                             standards \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D021 \9\           Wastes that are TC for Chlorobenzene based on the TCLP in SW846 Method      Chlorobenzene                                 108-90-7   0.057 and meet Sec. 6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D022 \9\           Wastes that are TC for Chloroform based on the TCLP in SW846 Method 1311.   Chloroform                                     67-66-3   0.046 and meet Sec. 6.0 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D023 \9\           Wastes that are TC for o-Cresol based on the TCLP in SW846 Method 1311.     o-Cresol                                       95-48-7   0.11 and meet Sec. 5.6 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D024 \9\           Wastes that are TC for m-Cresol based on the TCLP in SW846 Method 1311.     m-Cresol (difficult to distinguish from p-    108-39-4   0.77 and meet Sec. 5.6 and meet Sec.
                                                                                                cresol)                                                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D025 \9\           Wastes that are TC for p-Cresol based on the TCLP in SW846 Method 1311.     p-Cresol (difficult to distinguish from m-    106-44-5   0.77 and meet Sec. 5.6 and meet Sec.
                                                                                                cresol)                                                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D026 \9\           Wastes that are TC for Cresols (Total) based on the TCLP in SW846 Method    Cresol-mixed isomers (Cresylic acid) (sum    1319-77-3   0.88 and meet Sec. 11.2 and meet Sec.
                    1311.                                                                       of o-, m-, and p-cresol concentrations)                   268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D027 \9\           Wastes that are TC for p-Dichlorobenzene based on the TCLP in SW846 Method  p-Dichlorobenzene (1,4-Dichlorobenzene)       106-46-7   0.090 and meet Sec. 6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 201]]

 
D028 \9\           Wastes that are TC for 1,2-Dichloroethane based on the TCLP in SW846        1,2-Dichloroethane                            107-06-2   0.21 and meet Sec. 6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D029 \9\           Wastes that are TC for 1,1-Dichloroethylene based on the TCLP in SW846      1,1-Dichloroethylene                           75-35-4   0.025 and meet Sec. 6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D030 \9\           Wastes that are TC for 2,4-Dinitrotoluene based on the TCLP in SW846        2,4-Dinitrotoluene                            121-14-2   0.32 and meet Sec. 140 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D031 \9\           Wastes that are TC for Heptachlor based on the TCLP in SW846 Method 1311.   Heptachlor                                     76-44-8      0.0012 and meet   0.066 and meet Sec.
                                                                                                                                                             Sec. 268.48     268.48 standards
                                                                                                                                                             standards \8\                  \8\
                   ..........................................................................  Heptachlor epoxide                           1024-57-3   0.016 and meet Sec. 0.066 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D032 \9\           Wastes that are TC for Hexachlorobenzene based on the TCLP in SW846 Method  Hexachlorobenzene                             118-74-1   0.055 and meet Sec. 10 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D033 \9\           Wastes that are TC for Hexachlorobutadiene based on the TCLP in SW846       Hexachlorobutadiene                            87-68-3   0.055 and meet Sec. 5.6 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D034 \9\           Wastes that are TC for Hexachloroethane based on the TCLP in SW846 Method   Hexachloroethane                               67-72-1   0.055 and meet Sec. 30 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D035 \9\           Wastes that are TC for Methyl ethyl ketone based on the TCLP in SW846       Methyl ethyl ketone                            78-93-3   0.28 and meet Sec. 36 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D036 \9\           Wastes that are TC for Nitrobenzene based on the TCLP in SW846 Method       Nitrobenzene                                   98-95-3   0.068 and meet Sec. 14 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D037 \9\           Wastes that are TC for Pentachlorophenol based on the TCLP in SW846 Method  Pentachlorophenol                              87-86-5   0.089 and meet Sec. 7.4 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D038 \9\           Wastes that are TC for Pyridine based on the TCLP in SW846 Method 1311.     Pyridine                                      110-86-1   0.014 and meet Sec. 16 and meet Sec.
                                                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 202]]

 
D039 \9\           Wastes that are TC for Tetrachloroethylene based on the TCLP in SW846       Tetrachloroethylene                           127-18-4   0.056 and meet Sec. 6.0 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D040 \9\           Wastes that are TC for Trichloroethylene based on the TCLP in SW846 Method  Trichloroethylene                              79-01-6   0.054 and meet Sec. 6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D041 \9\           Wastes that are TC for 2,4,5-Trichlorophenol based on the TCLP in SW846     2,4,5-Trichlorophenol                          95-95-4   0.18 and meet Sec. 7.4 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D042 \9\           Wastes that are TC for 2,4,6-Trichlorophenol based on the TCLP in SW846     2,4,6-Trichlorophenol                          88-06-2   0.035 and meet Sec. 7.4 and meet Sec.
                    Method 1311.                                                                                                                          268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
D043 \9\           Wastes that are TC for Vinyl chloride based on the TCLP in SW846 Method     Vinyl chloride                                 75-01-4   0.27 and meet Sec. 6.0 and meet Sec.
                    1311.                                                                                                                                 268.48 standards     268.48 standards
                                                                                                                                                                       \8\                  \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F001, F002, F003,  F001, F002, F003, F004 and/or F005 solvent wastes that contain any          Acetone                                        67-64-1                 0.28                  160
 F004, & F005       combination of one or more of the following spent solvents: acetone,       Benzene                                        71-43-2                 0.14                   10
                    benzene, n-butyl alcohol, carbon disulfide, carbon tetrachloride,          n-Buthyl alcohol                               71-36-3                  5.6                  2.6
                    chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol,    Carbon disulfide                               75-15-0                  3.8                   NA
                    cyclohexanone, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl    Carbon tetrachloride                           56-23-5                0.057                  6.0
                    benzene, ethyl ether, isobutyl alcohol, methanol, methylene chloride,      Chlorobenzene                                 108-90-7                0.057                  6.0
                    methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-              o-Cresol                                       95-48-7                 0.11                  5.6
                    nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-               m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                    trichloroethane, 1,1,2-trichloroethane, 1,1,2-trichloro-1,2,2-              cresol)                                   ............  ...................  ...................
                    trifluoroethane, trichloroethylene, trichlorofluoromethane, and/or         p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                    xylenes [except as specifically noted in other subcategories]. See          cresol)                                   ............  ...................  ...................
                    further details of these listings in Sec. 261.31.                        Cresol-mixed isomers (Cresylic acid) (sum    1319-77-3                 0.88                 11.2
                                                                                                of o-, m-, and p-cresol concentrations)   ............  ...................
                                                                                                                                          ............  ...................
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Ethyl ether                                    60-29-7                 0.12                  160

[[Page 203]]

 
                   ..........................................................................  Isobutyl alcohol                               78-83-1                  5.6                  170
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methylene chloride                              75-9-2                0.089                   30
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Pyridine                                      110-86-1                0.014                   16
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloro-1,2,2-trifluoroethane          76-13-1                0.057                   30
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Trichlorofluoromethane                         75-69-4                0.020                   30
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F003 and/or F005 solvent wastes that contain any combination of one or      Carbon disulfide                               75-15-0                  3.8           4.8 mg/L TCLP
                    more of the following three solvents as the only listed F001-5 solvents:   Cyclohexanone                                 108-94-1                 0.36          0.75 mg/L TCLP
                    carbon disulfide, cyclohexanone, and/or methanol. (formerly 268.41(c))     Methanol                                       67-56-1                  5.6          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F005 solvent waste containing 2-Nitropropane as the only listed F001-5      2-Nitropropane                                 79-46-9           (WETOX or CHOXD) fb            CMBST
                    solvent.                                                                                                                                              CARBN; or CMBST
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   F005 solvent waste containing 2-Ethoxyethanol as the only listed F001-5     2-Ethoxyethanol                               110-80-5           BIODG; or CMBST                CMBST
                    solvent.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F006               Wastewater treatment sludges from electroplating operations except from     Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                    the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    plating on carbon steel; (3) zinc plating (segregated basis) on carbon     Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5)          Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                    cleaning/stripping associated with tin, zinc and aluminum plating on       Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                    carbon steel; and (6) chemical etching and milling of aluminum.            Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                                                                                               Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F007               Spent cyanide plating bath solutions from electroplating operations.        Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F008               Plating bath residues from the bottom of plating baths from electroplating  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    operations where cyanides are used in the process.                         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP

[[Page 204]]

 
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F009               Spent stripping and cleaning bath solutions from electroplating operations  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    where cyanides are used in the process.                                    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F010               Quenching bath residues from oil baths from metal heat treating operations  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    where cyanides are used in the process.                                    Cyanides (Amenable) \7\                        57-12-5                 0.86                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F011               Spent cyanide solutions from salt bath pot cleaning from metal heat         Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    treating operations.                                                       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F012               Quenching wastewater treatment sludges from metal heat treating operations  Cadmium                                      7440-43-9                   NA          0.11 mg/L TCLP
                    where cyanides are used in the process.                                    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F019               Wastewater treatment sludges from the chemical conversion coating of        Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    aluminum except from zirconium phosphating in aluminum can washing when    Cyanides (Total) \7\                           57-12-5                  1.2                  590
                    such phosphating is an exclusive conversion coating process.               Cyanides (Amendable) \7\                       57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 205]]

 
F020, F021, F022,  Wastes (except wastewater and spent carbon from hydrogen chloride           HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
 F023, F026         purification) from the production or manufacturing use (as a reactant,     Hx CDFs (All Hexachlorodibenzofurans)      ............  ...................  ...................
                    chemical intermediate, or component in a formulating process) of: (1) tri- PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                     or tetrachlorophenol, or of intermediates used to produce their           PeCDFs (All Pentachlorodibenzofurans)      ............  ...................  ...................
                    pesticide derivatives, excluding wastes from the production of             Pentachlorophenol                                   NA             0.000063                0.001
                    Hexachlorophene from highly purified, 2,4,5-trichlorophenol (F020); (2)    TCDDs (All Tetrachlorodibenzo-p-dioxins)   ............  ...................  ...................
                    pentachlorophenol, or of intermediates used to produce its derivatives     TCDFs (All Tetrachlorodibenzofurans)                NA             0.000035                0.001
                    (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under alkaline     2,4,5-Trichlorophenol                      ............  ...................  ...................
                    conditions (i.e., F022); and from the production of materials on           2,4-6-Trichlorophenol                          87-86-5                0.089                  7.4
                    equipment previously used for the production or manufacturing use (as a    2,3,4,6-Tetrachlorophenol                           NA             0.000063                0.001
                    reactant, chemical intermediate, or component in a formulating process)                                               ............  ...................  ...................
                    of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used                                                       NA             0.000063                0.001
                    only for the production of Hexachlorophene from highly purified 2,4,5-                                                ............  ...................  ...................
                    trichlorophenol (F023); (2) tetra- penta, or hexachlorobenzenes under                                                     95-95-4                 0.18                  7.4
                    alkaline conditions (i.e., F026).                                                                                         88-06-2                0.035                  7.4
                                                                                                                                              58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F024               Process wastes, including but not limited to, distillation residues, heavy  All F024 wastes                                     NA                     CMBST \11\           CMBST \11\
                    ends, tars, and reactor clean-out wastes, from the production of certain   2-Chloro-1,3-butadiene                        126-99-8                0.057                 0.28
                    chlorinated aliphatic hydrocarbons by free radical catalyzed processes.    3-Chloropropylene                             107-05-1                0.036                   30
                    These chlorinated aliphatic hydrocarbons are those having carbon chain     1,1-Dichloroethane                             75-34-3                0.059                  6.0
                    lengths ranging from one to and including five, with varying amounts and   1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    positions of chlorine substitution. (This listing does not include         1,2-Dichloropropane                            78-87-5                 0.85                   18
                    wastewaters, wastewater treatment sludges, spent catalysts, and wastes     cis-1,3-Dichloropropylene                   10061-01-5                0.036                   18
                    listed in Sec. 261.31 or Sec. 261.32).                                 trans-1-3-Dichloropropylene                 10061-02-6                0.036                   18
                                                                                               bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                                                                                               Hexachloroethane                               67-72-1                0.055                   30
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F025               Condensed light ends from the production of certain chlorinated aliphatic   Carbon tetrachloride                           56-23-5                0.057                  6.0
                    hydrocarbons, by free radical catalyzed processes. These chlorinated       Chloroform                                     67-66-3                0.046                  6.0
                    aliphatic hydrocarbons are those having carbon chain lengths ranging from  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    one to and including five, with varying amounts and positions of chlorine  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                    substitution. F025--Light Ends Subcategory                                 Methylene chloride                              75-9-2                0.089                   30
                                                                                               1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                                                                                               Trichloroethylene                              79-01-6                0.054                  6.0
                                                                                               Vinyl chloride                                 75-01-4                 0.27                  6.0
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Spent filters and filter aids, and spent desiccant wastes from the          Carbon tetrachloride                           56-23-5                0.057                  6.0
                    production of certain chlorinated aliphatic hydrocarbons, by free radical  Chloroform                                     67-66-3                0.046                  6.0
                    catalyzed processes. These chlorinated aliphatic hydrocarbons are those    Hexachlorobenzene                             118-74-1                0.055                   10
                    having carbon chain lengths ranging from one to and including five, with   Hexachlorobutadiene                            87-68-3                0.055                  5.6
                    varying amounts and positions of chlorine substitution. F025--Spent        Hexachloroethane                               67-72-1                0.055                   30
                    Filters/Aids and Desiccants Subcategory                                    Methylene chloride                              75-9-2                0.089                   30
                                                                                               1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                                                                                               Trichloroethylene                              79-01-6                0.054                  6.0
                                                                                               Vinyl chloride                                 75-01-4                 0.27                  6.0

[[Page 206]]

 
F027               Discarded unused formulations containing tri-, tetra-, or                   HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                    pentachlorophenol or discarded unused formulations containing compounds    HxCDFs (All Hexachlorodibenzofurans)       ............  ...................  ...................
                    derived from these chlorophenols. (This listing does not include           PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                    formulations containing hexachlorophene synthesized from prepurified       PeCDFs (All Pentachlorodibenzofurans)      ............  ...................  ...................
                    2,4,5-trichlorophenol as the sole component.)                              Pentachlorophenol                                   NA             0.000063                0.001
                                                                                               TCDDs (All Tetrachlorodibenzo-p-dioxins)   ............  ...................  ...................
                                                                                               TCDFs (All Tetrachlorodibenzofurans)                NA             0.000035                0.001
                                                                                               2,4,5-Trichlorophenol                      ............  ...................  ...................
                                                                                               2,4,6-Trichlorophenol                          87-86-5                0.089                  7.4
                                                                                               2,3,4,6-Tetrachlorophenol                           NA   ...................  ...................
                                                                                                                                          ............            0.000063                0.001
                                                                                                                                                   NA   ...................  ...................
                                                                                                                                          ............            0.000063                0.001
                                                                                                                                              95-95-4                 0.18                  7.4
                                                                                                                                              88-06-2                0.035                  7.4
                                                                                                                                              58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F028               Residues resulting from the incineration or thermal treatment of soil       HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                    contaminated with EPA Hazardous Wastes Nos. F020, F021, F023, F026, and    HxCDFs (All Hexachlorodibenzofurans)       ............  ...................  ...................
                    F027.                                                                      PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                                                                                                                                          ............  ...................  ...................
                                                                                                                                                   NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 207]]

 
F032               Wastewaters (except those that have not come into contact with process      Acenaphthene                                   83-32-9                0.059                  3.4
                    contaminants), process residuals, preservative drippage, and spent         Anthracene                                    120-12-7                0.059                  3.4
                    formulations from wood preserving processes generated at plants that       Benz(a)anthracene                              56-55-3                0.059                  3.4
                    currently use or have previously used chlorophenolic formulations (except  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                    potentially cross-contaminated wastes that have had the F032 waste code     distinguish from benzo(k)fluoranthene)    ............  ...................  ...................
                    deleted in accordance with Sec. 261.35 of this chapter or potentially    Benzo(k)fluoranthene (difficult to         ............                0.11   ...................
                    cross-contaminated wastes that are otherwise currently regulated as         distinguish from benzo(b)fluoranthene)       207-08-9   ...................                 6.8
                    hazardous wastes (i.e., F034 or F035), and where the generator does not    Benzo(a)pyrene                             ............  ...................  ...................
                    resume or initiate use of chlorophenolic formulations). This listing does  Chrysene                                       50-32-8                0.061                  3.4
                    not include K001 bottom sediment sludge from the treatment of wastewater   Dibenz(a,h) anthracene                     ............  ...................  ...................
                    from wood preserving processes that use creosote and/or penta-             2-4-Dimethyl phenol                           218-01-9                0.059                  3.4
                    chlorophenol.                                                              Fluorene                                       53-70-3                0.055                  8.2
                                                                                               Hexachlorodibenzo-p-dioxins                   105-67-9                0.036                   14
                                                                                               .........................................      86-73-7                0.059                  3.4
                                                                                               Hexachlorodibenzofurans                             NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                          ............                \11\                 \11\
                                                                                                                                                   NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Indeno (1,2,3-c,d) pyrene                     193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Pentachlorodibenzo-p-dioxins                        NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Pentachlorodibenzofurans                            NA         0.00035, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Tetrachlorodibenzo-p-dioxins                        NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  Tetrachlorodibenzofurans                            NA        0.000063, or CMBST      0.001, or CMBST
                                                                                                                                                                      \11\                 \11\
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F034               Wasteswaters (except those that have not come into contact with process     Acenaphthene                                   83-32-9                0.059                  3.4
                    contaminants), process residuals, preservative drippage, and spent         Anthracene                                    120-12-7                0.059                  3.4
                    formulations from wood preserving processes generated at plants that use   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    creosote formulations. This listing does not include K001 bottom sediment  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                    sludge from the treatment of wastewater from wood preserving processes      distinguish from benzo(k)fluoranthene)    ............  ...................  ...................
                    that use creosote and/or pentachlorophenol.                                Benzo(k)fluoranthene (difficult to         ............  ...................                 6.8
                                                                                                distinguish from benzo(b)fluoranthene)       207-08-9                 0.11   ...................
                                                                                               Benzo(a)pyrene                             ............  ...................                 3.4
                                                                                                                                          ............               0.061
                                                                                                                                              50-32-8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4

[[Page 208]]

 
                   ..........................................................................  Indeno(1,2,3-c,d)pyrene                       193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F035               Wastewaters (except those that have not come into contact with process      Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    contaminants), process residuals, preservative drippage, and spent         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    formulations from wood preserving processes generated at plants that use
                    inorganic preservatives containing arsenic or chromium. This listing does
                    not include K001 bottom sediment sludge from the treatment of wastewater
                    from wood preserving processes that use creosote and/or
                    pentachlorophenol.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F037               Petroleum refinery primary oil/water/solids separation sludge--Any sludge   Acenaphthene                                   83-32-9                0.059                   NA
                    generated from the gravitational separation of oil/water/solids during     Anthracene                                    120-12-7                0.059                  3.4
                    the storage or treatment of process wastewaters and oily cooling           Benzene                                        71-43-2                 0.14                   10
                    wastewaters from petroleum refineries. Such sludges include, but are not   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    limited to, those generated in: oil/water/solids separators; tanks and     Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    impoundments; ditches and other conveyances; sumps; and stormwater units   bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    receiving dry weather flow. Sludge generated in stormwater units that do   Chrysene                                      218-01-9                0.059                  3.4
                    not receive dry weather flow, sludges generated from non-contact once-     Di-n-butyl phthalate                           84-74-2                0.057                   28
                    through cooling waters segregated for treatment from other process or      Ethylbenzene                                  100-41-4                0.057                   10
                    oily cooling waters, sludges generated in aggressive biological treatment  Fluorene                                       86-73-7                0.059                   NA
                    units as defined in Sec. 261.31(b)(2) (including sludges generated in    Naphthalene                                    91-20-3                0.059                  5.6
                    one or more additional units after wastewaters have been treated in        Phenanthrene                                   85-01-8                0.059                  5.6
                    aggressive biological treatment units) and K051 wastes are not included    Phenol                                        108-95-2                0.039                  6.2
                    in this listing.                                                           Pyrene                                        129-00-0                0.067                  8.2
                                                                                               Toluene                                       108-88-3                0.080                   10
                                                                                               Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 209]]

 
F038               Petroleum refinery secondary (emulsified) oil/water/solids separation       Benzene                                        71-43-2                 0.14                   10
                    sludge and/or float generated from the physical and/or chemical            Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    separation of oil/water/solids in process wastewaters and oily cooling     bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    wastewaters from petroleum refineries. Such wastes include, but are not    Chrysene                                      218-01-9                0.059                  3.4
                    limited to, all sludges and floats generated in: induced air floatation    Di-n-butyl phthalate                           84-74-2                0.057                   28
                    (IAF) units, tanks and impoundments, and all sludges generated in DAF      Ethylbenzene                                  100-41-4                0.057                   10
                    units. Sludges generated in stormwater units that do not receive dry       Fluorene                                       86-73-7                0.059                   NA
                    weather flow, sludges generated from non-contact once-through cooling      Naphthalene                                    91-20-3                0.059                  5.6
                    waters segregated for treatment from other process or oily cooling         Phenanthrene                                   85-01-8                0.059                  5.6
                    waters, sludges and floats generated in aggressive biological treatment    Phenol                                        108-95-2                0.039                  6.2
                    units as defined in Sec. 261.31(b)(2) (including sludges and floats      Pyrene                                        129-00-0                0.067                  8.2
                    generated in one or more additional units after wastewaters have been      Toluene                                       108-88-3                0.080                   10
                    treated in aggressive biological units) and F037, K048, and K051 are not   Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                    included in this listing.                                                   p-xylene concentrations)                  ............  ...................  ...................
                                                                                               Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
                                                                                               Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
F039               Leachate (liquids that have percolated through land disposed wastes)        Acenaphthylene                                208-96-8                0.059                  3,4
                    resulting from the disposal of more than one restricted waste classified   Acenaphthene                                   83-32-9                0.059                  3.4
                    as hazardous under subpart D of this part. (Leachate resulting from the    Acetone                                        67-64-1                 0.28                  160
                    disposal of one or more of the following EPA Hazardous Wastes and no       Acetonitrile                                   75-05-8                  5.6                   NA
                    other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020,    Acetophenone                                   96-86-2                0.010                  9.7
                    F021, F022, F026, F027, and/or F028.)                                      2-Acetylaminofluorene                          53-96-3                0.059                  140
                                                                                               Acrolein                                      107-02-8                 0.29                   NA
                   ..........................................................................  Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Aldrin                                        309-00-2                0.021                0.066
                   ..........................................................................  4-Aminobiphenyl                                92-67-1                 0.13                   NA
                   ..........................................................................  Aniline                                        62-53-3                 0.81                   14
                   ..........................................................................  o-Anisidine (2-methoxyaniline)                 90-04-0                0.010                 0.66
                   ..........................................................................  Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Aramite                                       140-57-8                 0.36                   NA
                   ..........................................................................  alpha-BHC                                     319-84-6              0.00014                0.066
                   ..........................................................................  beta-BHC                                      319-85-7              0.00014                0.066
                   ..........................................................................  delta-BHC                                     319-86-8                0.023                0.066
                   ..........................................................................  gamma-BHC                                      58-89-9               0.0017                0.066
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Bromodichloromethane                           75-27-4                 0.35                   15
                   ..........................................................................  Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                   ..........................................................................  4-Bromophenyl phenyl ether                    101-55-3                0.055                   15
                   ..........................................................................  n-Butyl alcohol                                71-36-3                  5.6                  2.6
                   ..........................................................................  Butyl benzyl phthalate                         85-68-7                0.017                   28

[[Page 210]]

 
                   ..........................................................................  2-sec-Buty-4,6-dinitrophenol (Dinoseb)         88-85-7                0.066                  2.5
                   ..........................................................................  Carbon disulfide                               75-15-0                  3.8                   NA
                   ..........................................................................  Carbon tetrachloride                           56-23-5                0.057                  6.0
                   ..........................................................................  Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
                   ..........................................................................  p-Chloroaniline                               106-47-8                 0.46                   16
                   ..........................................................................  Chlorobenzene                                 108-90-7                0.057                  6.0
                   ..........................................................................  Chlorobenzilate                               510-15-6                 0.10                   NA
                   ..........................................................................  2-Chloro-1,3-butadiene                        126-99-8                0.057                   NA
                   ..........................................................................  Chlorodibromomethane                          124-48-1                0.057                   15
                   ..........................................................................  Chloroethane                                   75-00-3                 0.27                  6.0
                   ..........................................................................  bis(2-Chloroethoxy)methane                    111-91-1                0.036                  7.2
                   ..........................................................................  bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                   ..........................................................................  Chloroform                                     67-66-3                0.046                  6.0
                   ..........................................................................  bis(2-Chloroisopropyl)ether                 39638-32-9                0.055                  7.2
                   ..........................................................................  p-Chloro-m-cresol                              59-50-7                0.018                   14
                   ..........................................................................  Chloromethane (Methyl chloride)                74-87-3                 0.19                   30
                   ..........................................................................  2-Chloronaphthalene                            91-58-7                0.055                  5.6
                   ..........................................................................  2-Chlorophenol                                 95-57-8                0.044                  5.7
                   ..........................................................................  3-Chloropropylene                             107-05-1                0.036                   30
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  p-Cresidine                                   120-71-8                0.010                 0.66
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  1,2-Dibromo-3-chloropropane                    96-12-8                 0.11                   15
                   ..........................................................................  Ethylene dibromide (1,2-Dibromoethane)        106-93-4                0.028                   15
                   ..........................................................................  Dibromomethane                                 74-95-3                 0.11                   15
                   ..........................................................................  2,4-D (2,4-Dichlorophenoxyacetic acid)         94-75-7                 0.72                   10
                   ..........................................................................  o,p'-DD                                        53-19-0                0.023                0.087
                   ..........................................................................  p,p'-DDD                                       72-54-8                0.023                0.087
                   ..........................................................................  o,p'-DDE                                     3424-82-6                0.031                0.087
                   ..........................................................................  p,p'-DDE                                       72-55-9                0.031                0.087
                   ..........................................................................  o,p'-DDT                                      789-02-6               0.0039                0.087

[[Page 211]]

 
                   ..........................................................................  p,p'-DDT                                       50-29-3               0.0039                0.087
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Dibenz(a,e)pyrene                             192-65-4                0.061                   NA
                   ..........................................................................  m-Dichlorobenzene                             541-73-1                0.036                  6.0
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                  6.0
                   ..........................................................................  Dichlorodifluoromethane                        75-71-8                 0.23                  7.2
                   ..........................................................................  1,1-Dichloroethane                             75-34-3                0.059                  6.0
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                   ..........................................................................  trans-1,2-Dichloroethylene                    156-60-5                0.054                   30
                   ..........................................................................  2,4-Dichlorophenol                            120-83-2                0.044                   14
                   ..........................................................................  2,6-Dichlorophenol                             87-65-0                0.044                   14
                   ..........................................................................  1,2-Dichloropropane                            78-87-5                 0.85                   18
                   ..........................................................................  cis-1,3-Dichloropropylene                   10061-01-5                0.036                   18
                   ..........................................................................  trans-1,3-Dichloropropylene                 10061-02-6                0.036                   18
                   ..........................................................................  Dieldrin                                       60-57-1                0.017                 0.13
                   ..........................................................................  Diethyl phthalate                              84-66-2                 0.20                   28
                   ..........................................................................  2,4-Dimethylaniline (2,4-xylidine)             95-68-1                0.010                 0.66
                   ..........................................................................  2-4-Dimethyl phenol                           105-67-9                0.036                   14
                   ..........................................................................  Dimethyl phthalate                            131-11-3                0.047                   28
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  1,4-Dinitrobenzene                            100-25-4                 0.32                  2.3
                   ..........................................................................  4,6-Dinitro-o-cresol                          534-52-1                 0.28                  160
                   ..........................................................................  2,4-Dinitrophenol                              51-28-5                 0.12                  160
                   ..........................................................................  2,4-Dinitrotoluene                            121-14-2                 0.32                  140
                   ..........................................................................  2,6-Dinitrotoluene                            606-20-2                 0.55                   28
                   ..........................................................................  Di-n-octyl phthalate                          117-84-0                0.017                   28
                   ..........................................................................  Di-n-propylnitrosamine                        621-64-7                 0.40                   14
                   ..........................................................................  1,4-Dioxane                                   123-91-1                 12.0                  170
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   NA
                                                                                                from diphenylnitrosamine)
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   NA
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  1,2-Diphenylhydrazine                         122-66-7                0.087                   NA
                   ..........................................................................  Disulfoton                                    298-04-4                0.017                  6.2
                   ..........................................................................  Endosulfan I                                  939-98-8                0.023                0.066
                   ..........................................................................  Endosulfan II                                33213-6-5                0.029                 0.13
                   ..........................................................................  Endosulfan sulfate                           1031-07-8                0.029                 0.13
                   ..........................................................................  Endrin                                         72-20-8               0.0028                 0.13
                   ..........................................................................  Endrin aldehyde                              7421-93-4                0.025                 0.13
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethyl cyanide (Propanenitrile)                107-12-0                 0.24                  360
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Ethyl ether                                    60-29-7                 0.12                  160
                   ..........................................................................  bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                   ..........................................................................  Ethyl methacrylate                             97-63-2                 0.14                  160
                   ..........................................................................  Ethylene oxide                                 75-21-8                 0.12                   NA
                   ..........................................................................  Famphur                                        52-85-7                0.017                   15
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4

[[Page 212]]

 
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4
                   ..........................................................................  Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066
                   ..........................................................................  1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin   35822-46-9             0.000035               0.0025
                                                                                                (1,2,3,4,6,7,8-HpCDD)
                   ..........................................................................  1, 2,3,4,6,7,8-Heptachlorodibenzofuran      67562-39-4             0.000035               0.0025
                                                                                                (1,2,3,4,6,7,8-HpCDF)
                   ..........................................................................  1,2,3,4,7,8,9-Heptachlorodibenzofuran       55673-89-7             0.000035               0.0025
                                                                                                (1,2,3,4,7,8,9-HpCDF)
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Hexachloropropylene                          1888-71-7                0.035                   30
                   ..........................................................................  Indeno (1,2,3-c,d) pyrene                     193-39-5               0.0055                  3.4
                   ..........................................................................  Indomethane                                    74-88-4                0.019                   65
                   ..........................................................................  Isobutyl alcohol                               78-83-1                  5.6                  170
                   ..........................................................................  Isodrin                                       465-73-6                0.021                0.066
                   ..........................................................................  Isosafrole                                    120-58-1                0.081                  2.6
                   ..........................................................................  Kepone                                        143-50-8               0.0011                 0.13
                   ..........................................................................  Methacylonitrile                              126-98-7                 0.24                   84
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methapyrilene                                  91-80-5                0.081                  1.5
                   ..........................................................................  Methoxychlor                                   72-43-5                 0.25                 0.18
                   ..........................................................................  3-Methylcholanthrene                           56-49-5               0.0055                   15
                   ..........................................................................  4,4-Methylene bis(2-chloroaniline)            101-14-4                 0.50                   30
                   ..........................................................................  Methylene chloride                             75-09-2                0.089                   30
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Methyl methacrylate                            80-62-6                 0.14                  160
                   ..........................................................................  Methyl methanesulfonate                        66-27-3                0.018                   NA
                   ..........................................................................  Methyl parathion                              298-00-0                0.014                  4.6
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  2-Naphthylamine                                91-59-8                 0.52                   NA
                   ..........................................................................  p-Nitroaniline                                100-01-6                0.028                   28

[[Page 213]]

 
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  5-Nitro-o-toluidine                            99-55-8                 0.32                   28
                   ..........................................................................  p-Nitrophenol                                 100-02-7                 0.12                   29
                   ..........................................................................  N-Nitrosodiethylamine                          55-18-5                 0.40                   28
                   ..........................................................................  N-Nitrosodimethylamine                         62-75-9                 0.40                   NA
                   ..........................................................................  N-Nitroso-di-n-butylamine                     924-16-3                 0.40                   17
                   ..........................................................................  N-Nitrosomethylethylamine                   10595-95-6                 0.40                  2.3
                   ..........................................................................  N-Nitrosomorpholine                            59-89-2                 0.40                  2.3
                   ..........................................................................  N-Nitrosopiperidine                           100-75-4                0.013                   35
                   ..........................................................................  N-Nitrosopyrrolidine                          930-55-2                0.013                   35
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzo-p-         3268-87-9             0.000063                0.005
                                                                                                dioxin (OCDD)
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzofuran      39001-02-0             0.000063                0.005
                                                                                                (OCDF)
                   ..........................................................................  Parathion                                      56-38-2                0.014                  4.6
                   ..........................................................................  Total PCBs (sum of all PCB isomers, or       1336-36-3                 0.10                   10
                                                                                                all Aroclors)
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  Pentachloronitrobenzene                        82-68-8                0.055                  4.8
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Phenacetin                                     62-44-2                0.081                   16
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  2,4-Dimethylaniline (2,4-xylidine)            108-45-2                0.010                 0.66
                   ..........................................................................  Phorate                                       298-02-2                0.021                  4.6
                   ..........................................................................  Phthalic anhydride                             85-44-9                0.055                   NA
                   ..........................................................................  Pronamide                                   23950-58-5                0.093                  1.5
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Pyridine                                      110-86-1                0.014                   16
                   ..........................................................................  Safrole                                        94-59-7                0.081                   22
                   ..........................................................................  Silvex (2,4,5-TP)                              93-72-1                 0.72                  7.9
                   ..........................................................................  2,4,5-T                                        93-76-5                 0.72                  7.9
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Toxaphene                                    8001-35-2               0.0095                  2.6
                   ..........................................................................  Bromoform (Tribromomethane)                    75-25-2                 0.63                   15
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0

[[Page 214]]

 
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Trichlorofluoromethane                         75-69-4                0.020                   30
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  1,2,3-Trichloropropane                         96-18-4                 0.85                   30
                   ..........................................................................  1,1,2-Trichloro-1,2,2-trifluoroethane          76-13-1                0.057                   30
                   ..........................................................................  tris(2,3-Dibromopropyl) phosphate             126-72-7                 0.11                   NA
                   ..........................................................................  Vinyl chloride                                 75-01-4                 0.27                  6.0
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                   ..........................................................................  Barium                                       7440-39-3                  1.2            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                 0.82                   NA
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   NA
                   ..........................................................................  Fluoride                                    16984-48-8                   35                   NA
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                 0.15          0.25 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
                   ..........................................................................  Sulfide                                      8496-25-8                   14                   NA
                   ..........................................................................  Thallium                                     7440-28-0                  1.4                   NA
                   ..........................................................................  Vanadium                                     7440-62-2                  4.3                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K001               Bottom sediment sludge from the treatment of wastewaters from wood          Naphthalene                                    91-20-3                0.059                  5.6
                    preserving processes that use creosote and/or pentachlorophenol.           Pentachlorophenol                              87-86-5                0.089                  7.4
                                                                                               Phenanthrene                                   85-01-8                0.059                  5.6
                                                                                               Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K002               Wastewater treatment sludge from the production of chrome yellow and        Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    orange pigments.                                                           Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 215]]

 
K003               Wastewater treatment sludge from the production of molybdate orange         Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments.                                                                  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K004               Wastewater treatment sludge from the production of zinc yellow pigments.    Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K005               Wastewater treatment sludge from the production of chrome green pigments.   Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K006               Wastewater treatment sludge from the production of chrome oxide green       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments (anhydrous).                                                      Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Wastewater treatment sludge from the production of chrome oxide green       Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    pigments (hydrated).                                                       Lead                                         7439-92-1                 0.69                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K007               Wastewater treatment sludge from the production of iron blue pigments.      Chromium (Total)                             7440-47-3                 2,77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K008               Oven residue from the production of chrome oxide green pigments.            Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K009               Distillation bottoms from the production of acetaldehyde from ethylene.     Chloroform                                     67-66-3                0.046                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K010               Distillation side cuts from the production of acetaldehyde from ethylene.   Chloroform                                     67-66-3                0.046                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K011               Bottom stream from the wastewater stripper in the production of             Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K013               Bottom stream from the acetonitrile column in the production of             Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K014               Bottoms from the acetonitrile purification column in the production of      Acetonitrile                                   75-05-8                  5.6                   38
                    acrylonitrile.                                                             Acrylonitrile                                 107-13-1                 0.24                   84
                   ..........................................................................  Acrylamide                                     79-06-1                   19                   23
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyanide (Total)                                57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K015               Still bottoms from the distillation of benzyl chloride.                     Anthracene                                    120-12-7                0.059                  3.4
                                                                                               Benzal chloride                                98-87-3                0.055                  6.0
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)

[[Page 216]]

 
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K016               Heavy ends or distillation residues from the production of carbon           Hexachlorobenzene                             118-74-1                0.055                   10
                    tetrachloride.                                                             Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K017               Heavy ends (still bottoms) from the purification column in the production   bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                    of epichlorohydrin.                                                        1,2-Dichloropropane                            78-87-5                 0.85                   18
                                                                                               1,2,3-Trichloropropane                         96-18-4                 0.85                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K018               Heavy ends from the fractionation column in ethyl chloride production.      Chloroethane                                   75-00-3                 0.27                  6.0
                                                                                               Chloromethane                                  74-87-3                 0.19                   NA
                                                                                               1,1-Dichloroethane                             75-34-3                0.059                  6.0
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K019               Heavy ends from the distillation of ethylene dichloride in ethylene         bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
                    dichloride production.                                                     Chlorobenzene                                 108-90-7                0.057                  6.0
                   ..........................................................................  Chloroform                                     67-66-3                0.046                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                   NA
                   ..........................................................................  1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Nephthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   NA
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 217]]

 
K020               Heavy ends from the distillation of vinyl chloride in vinyl chloride        1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                    monomer production.                                                        1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                                                                                               Tetrachloroethylene                           127-18-4                0.056                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K021               Aqueous spent antimony catalyst waste from fluoromethanes production.       Carbon tetrachloride                           56-23-5                0.057                  6.0
                                                                                               Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K022               Distillation bottoms tars from the production of phenol/acetone from        Toluene                                       108-88-3                0.080                   10
                    cumene.                                                                    Acetophenone                                   96-86-2                0.010                  9.7
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   13
                                                                                                from diphenylnitrosamine)
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   13
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K023               Distillation light ends from the production of phthalic anhydride from      Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    naphthalene.                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K024               Distillation bottoms from the production of phthalic anhydride from         Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    naphthalene.                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K025               Distillation bottoms from the production of nitrobenzene by the nitration   NA                                                  NA    LLEXT fb SSTRP fb                     CMBST
                    of benzene.                                                                                                                                           CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K026               Stripping still tails from the production of methyl ethyl pyridines.        NA                                                  NA                     CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K027               Centrifuge and distillation residues from toluene diisocyanate production.  NA                                                  NA                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K028               Spent catalyst from the hydrochlorinator reactor in the production of       1,1-Dichloroethane                             75-34-3                0.059                  6.0
                    1,1,1-trichloroethane.                                                     trans-1,2-Dichloroethylene                    156-60-5                0.054                   30
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69                   NA
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 218]]

 
K029               Waste from the product steam stripper in the production of 1,1,1-           Chloroform                                     67-66-3                0.046                  6.0
                    trichloroethane.                                                           1,2-Dichloroethane                            107-06-2                 0.21                  6.0
                   ..........................................................................  1,1-Dichloroethylene                           75-35-4                0.025                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  Vinyl chloride                                 75-01-4                 0.27                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K030               Column bodies or heavy ends from the combined production of                 o-Dichlorobenzene                              95-50-1                0.088                   NA
                    trichloroethylene and perchloroethylene.                                   p-Dichlorobenzene                             106-46-7                0.090                   NA
                   ..........................................................................  Hexachlorobutadiene                            87-68-3                0.055                  5.6
                   ..........................................................................  Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Hexachloropropylene                          1888-71-7                   NA                   30
                   ..........................................................................  Pentachlorobenzene                            608-93-5                   NA                   10
                   ..........................................................................  Pentachloroethane                              76-01-7                   NA                  6.0
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K031               By-product salts generated in the production of MSMA and cacodylic acid.    Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K032               Wastewater treatment sludge from the production of chlordane.               Hexachlorocyclopentadiene                      77-47-4                 .057                  2.4
                                                                                               Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
                   ..........................................................................  Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K033               Wastewater and scrub water from the clorination of cyclopentadiene in the   Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                    production of chlordane.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K034               Filter solids from the filtration of hexachlorocyclopentadiene in the       Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
                    production of chlordane.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K035               Wastewater treatment sludges generated in the production of cresote.        Acenaphthene                                   83-32-9                   NA                  3.4
                                                                                               Anthracene                                    120-12-7                   NA                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Bemzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)

[[Page 219]]

 
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                   NA                  8.2
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Fluorene                                       86-73-7                   NA                  3.4
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5                   NA                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-1                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K036               Still bottoms from toluene reclamation distillation in the production of    Disulfoton                                    298-04-4                0.017                  6.2
                    disulfoton.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K037               Wastewater treatment sludges from the production of disulfoton.             Disulfoton                                    298-04-4                0.017                  6.2
                                                                                               Toluene                                       108-88-3                0.080                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K038               Wastewater from the washing and stripping of phorate production.            Phorate                                       298-02-2                0.021                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K039               Filter cake from the filtration of diethylphorphorodithioic acid in the     NA                                                  NA                     CARBN; or CMBST      CMBST
                    production of phorate.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K040               Wastewater treatment sludge from the production of phorate.                 Phorate                                       298-02-2                0.021                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K041               Wastewater treatment sludge from the production of toxaphene.               Toxaphene                                    8001-35-2               0.0095                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K042               Heavy ends or distillation residues from the distillation of                o-Dichlorobenzene                              95-50-1                0.088                  6.0
                    tetrachlorobenzene in the production of 2,4,5-T.                           p-Dichlorobenzene                             106-46-7                0.090                  6.0
                                                                                               Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K043               2,6-Dichlorophenol waste from the production of 2,4-D.                      2,4-Dichlorophenol                            120-83-2                0.044                   14
                   ..........................................................................  2,6-Dichlorophenol                            187-65-0                0.044                   14
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
                   ..........................................................................  2,3,4,6-Tetrachlorophenol                      58-90-2                0.030                  7.4
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 220]]

 
K044               Wastewater treatment sludges from the manufacturing and processing of       NA                                                  NA                  DEACT                DEACT
                    explosives.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K045               Spent carbon from the treatment of wastewater containing explosives.        NA                                                  NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K046               Wastewater treatment sludges from the manufacturing, formulation and        Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                    loading of lead-based initiating compounds.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K047               Pink/red water from TNT operations.                                         NA                                                  NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K048               Dissolved air flotation (DAF) float from the petroleum refining industry.   Benzene                                        71-43-2                 0.14                   10
                                                                                               Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                      108-88-33                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Chanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K049               Slop oil emulsion solids from the petroleum refining industry.              Anthracene                                    120-12-7                0.059                  3.4
                                                                                               Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Carbon disulfide                               75-15-0                  3.8                   NA
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  2,4-Dimethylphenol                            105-67-9                0.036                   NA
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2

[[Page 221]]

 
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K050               Heat exchanger bundle cleaning sludge from the petroleum refining           Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                    industry.                                                                  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K051               API separator sludge from the petroleum refining industry.                  Acenaphthene                                   83-32-9                0.059                   NA
                                                                                               Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  bis(2-Ethylhexyl)phthalate                    117-81-7                 0.28                   28
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Di-n-butyl phthalate                          105-67-9                0.057                   28
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                   NA
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                 0.08                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K052               Tank bottoms (leaded) from the petroleum refining industry.                 Benzene                                        71-43-2                 0.14                   10
                                                                                               Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  2,4-Dimethylphenol                            105-67-9                0.036                   NA
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Toluene                                       108-88-3                 0.08                   10

[[Page 222]]

 
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Nickel                                       7440-02-0                   NA            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K060               Ammonia still lime sludge from coking operations.                           Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K061               Emission control dust/sludge from the primary production of steel in        Antimony                                     7440-36-0                   NA          1.15 mg/L TCLP
                    electric furnaces.                                                         Arsenic                                      7440-38-2                   NA           5.0 mg/L TCLP
                   ..........................................................................  Barium                                       7440-39-3                   NA            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                   NA          1.22 mg/L TCLP
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                   NA           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                   NA          0.14 mg/L TCLP
                   ..........................................................................  Thallium                                     7440-28-0                   NA          0.20 mg/L TCLP
                   ..........................................................................  Zinc                                         7440-66-6                   NA           4.3 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K062               Spent pickle liquor generated by steel finishing operations of facilities   Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                    within the iron and steel industry (SIC Codes 331 and 332).                Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Nickel                                       7440-02-0                 3.98                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K069               Emission control dust/sludge from secondary lead smelting--Calcium Sulfate  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                    (Low Lead) Subcategory                                                     Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Emission control dust/sludge from secondary lead smelting--Non-Calcium      NA                                                  NA                   NA                RLEAD
                    Sulfate (High Lead) Subcategory
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 223]]

 
K071               K071 (Brine purification muds from the mercury cell process in chlorine     Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    production, where separately prepurified brine is not used)
                    nonwastewaters that are residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   K071 (Brine purification muds from the mercury cell process in chlorine     Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    production, where separately prepurified brine is not used.)
                    nonwastewaters that are not residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All K071 wastewaters.                                                       Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K073               Chlorinated hydrocarbon waste from the purification step of the diaphragm   Carbon tetrachloride                           56-23-5                0.057                  6.0
                    cell process using graphite anodes in chlorine production.                 Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Hexachloroethane                               67-72-1                0.055                   30
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K083               Distillation bottoms from aniline production.                               Aniline                                        62-53-3                 0.81                   14
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  Diphenylamine (difficult to distinguish       122-39-4                 0.92                   13
                                                                                                from diphenylnitrosamine
                   ..........................................................................  Diphenylnitrosamine (difficult to              86-30-6                 0.92                   13
                                                                                                distinguish from diphenylamine)
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K084               Wastewater treatment sludges generated during the production of veterinary  Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    pharmaceuticals from arsenic or organo-arsenic compounds.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K085               Distillation or fractionation column bottoms from the production of         Benzene                                        71-43-2                 0.14                   10
                    chlorobenzenes.                                                            Chlorobenzene                                 108-90-7                0.057                  6.0
                                                                                               m-Dichlorobenzene                             541-73-1                0.036                  6.0
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                  6.0
                   ..........................................................................  Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Total PCBs (sum of all PCB isomers, or       1336-36-3                 0.10                   10
                                                                                                all Aroclors)
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K086               Solvent wastes and sludges, caustic washes and sludges, or water washes     Acetone                                        67-64-1                 0.28                  160
                    and sludges from cleaning tubs and equipment used in the formulation of    Acetophenone                                   96-86-2                0.010                  9.7
                    ink from pigments, driers, soaps, and stabilizers containing chromium and  bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
                    lead.                                                                      n-Butyl alcohol                                71-36-3                  5.6                  2.6
                   ..........................................................................  Butylbenzyl phthalate                          85-68-7                0.017                   28
                   ..........................................................................  Cyclohexanone                                 108-94-1                 0.36                   NA
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  Diethyl phthalate                              84-66-2                 0.20                   28
                   ..........................................................................  Dimethyl phthalate                            131-11-3                0.047                   28

[[Page 224]]

 
                   ..........................................................................  Di-n-butyl phthalate                           84-74-2                0.057                   28
                   ..........................................................................  Di-n-octyl phthalate                          117-84-0                0.017                   28
                   ..........................................................................  Ethyl acetate                                 141-78-6                 0.34                   33
                   ..........................................................................  Ethylbenzene                                  100-41-4                0.057                   10
                   ..........................................................................  Methanol                                       67-56-1                  5.6                   NA
                   ..........................................................................  Methyl ethyl ketone                            78-93-3                 0.28                   36
                   ..........................................................................  Methyl isobutyl ketone                        108-10-1                 0.14                   33
                   ..........................................................................  Methylene chloride                             75-09-2                0.089                   30
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K087               Decanter tank tar sludge from coking operations.                            Acenaphthylene                                208-96-8                0.059                  3.4
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o, m-, and     1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K088               Spent potliners from primary aluminum reduction.                            Acenaphthene                                   83-32-9                0.059                  3.4
                   ..........................................................................  Anthracene                                    120-12-7                0.059                  3.4
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene                          205-99-2                 0.11                  6.8
                   ..........................................................................  Benzo(k)fluoranthene                          207-08-9                 0.11                  6.8
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2

[[Page 225]]

 
                   ..........................................................................  Fluoranthene                                  206-44-0                0.068                  3.4
                   ..........................................................................  Indeno(1,2,3,-cd)pyrene                       193-39-5               0.0055                  3.4
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                   ..........................................................................  Arsenic                                      7440-38-2                  1.4                 26.1
                   ..........................................................................  Barium                                       7440-39-3                  1.2            21 mg/L TCLP
                   ..........................................................................  Beryllium                                    7440-41-7                 0.82          1.22 mg/L TCLP
                   ..........................................................................  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                   ..........................................................................  Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                   ..........................................................................  Mercury                                      7439-97-6                 0.15         0.025 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
                   ..........................................................................  Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
                   ..........................................................................  Cyanide (Total) \7\                            57-12-5                  1.2                  590
                   ..........................................................................  Cyanide (Amenable) \7\                         57-12-5                 0.86                   30
                   ..........................................................................  Fluoride                                    16984-48-8                   35                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K093               Distillation light ends from the production of phthalic anhydride from      Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    ortho-xylene                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K094               Distillation bottoms from the production of phthalic anhydride from ortho-  Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                    xylene.                                                                     acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K095               Distillation bottoms from the production of 1,1,1-trichloroethane.          Hexachloroethane                               67-72-1                0.055                   30
                                                                                               Pentachloroethane                              76-01-7                0.055                  6.0
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-1                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K096               Heavy ends from the heavy ends column from the production of 1,1,1-         m-Dichlorobenzene                             541-73-1                0.036                  6.0
                    trichloroethane.                                                           Pentachloroethane                              76-01-1                0.055                  6.0
                   ..........................................................................  1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-6                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
                   ..........................................................................  1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
                   ..........................................................................  Trichloroethylene                              79-01-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K097               Vacuum stripper discharge from the chlordane clorinator in the production   Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
                    of chlordane.                                                              Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066

[[Page 226]]

 
                   ..........................................................................  Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K098               Untreated process wastewater from the production of toxaphene.              Toxaphene                                    8001-35-2               0.0095                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K099               Untreated wastewater from the production of 2,4-D.                          2,4-Dichlorophenoxyacetic acid                 94-75-7                 0.72                   10
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)                NA             0.000063                0.001
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins)           NA             0.000063                0.001
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)               NA             0.000035                0.001
                   ..........................................................................  TCDDs (All Tetrachlorodibenzo-p-dioxins)            NA             0.000063                0.001
                   ..........................................................................  TCDFs (All Tetrachlorodibenzofurans)                NA             0.000063                0.001
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K100               Waste leaching solution from acid leaching of emission control dust/sludge  Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                    from secondary lead smelting.                                              Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K101               Distillation tar residues from the distillation of aniline-based compounds  o-Nitroaniline                                 88-74-4                 0.27                   14
                    in the production of veterinary pharmaceuticals from arsenic or organo-    Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    arsenic compounds.                                                         Cadmium                                      7440-43-9                 0.69                   NA
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K102               Residue from the use of activated carbon for decolorization in the          o-Nitrophenol                                  88-75-5                0.028                   13
                    production of veterinary pharmaceuticals from arsenic or organo-arsenic    Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    compounds.                                                                 Cadmium                                      7440-43-9                 0.69                   NA
                   ..........................................................................  Lead                                         7439-92-1                 0.69                   NA
                   ..........................................................................  Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K103               Process residues from aniline extraction from the production of aniline.    Aniline                                        62-53-3                 0.81                   14
                                                                                               Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  2,4-Dinitrophenol                              51-28-5                 0.12                  160
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 227]]

 
K104               Combined wastewater streams generated from nitrobenzene/aniline             Aniline                                        62-53-3                 0.81                   14
                    production.                                                                Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  2,4-Dinitrophenol                              51-28-5                 0.12                  160
                   ..........................................................................  Nitrobenzene                                   98-95-3                0.068                   14
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K105               Separated aqueous stream from the reactor product washing step in the       Benzene                                        71-43-2                 0.14                   10
                    production of chlorobenzenes.                                              Chlorobenzene                                 108-90-7                0.057                  6.0
                   ..........................................................................  2-Chlorophenol                                 95-57-8                0.044                  5.7
                   ..........................................................................  o-Dichlorobenzene                              95-50-1                0.088                  6.0
                   ..........................................................................  p-Dichlorobenzene                             106-46-7                0.090                  6.0
                   ..........................................................................  Phenol                                        108-95-2                0.039                  6.2
                   ..........................................................................  2,4,5-Trichlorophenol                          95-95-4                 0.18                  7.4
                   ..........................................................................  2,4,6-Trichlorophenol                          88-06-2                0.035                  7.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K106               K106 (wastewater treatment sludge from the mercury cell process in          Mercury                                      7439-97-6                   NA                 RMERC
                    chlorine production) nonwastewaters that contain greater than or equal to
                    260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   K106 (wastewater treatment sludge from the mercury cell process in          Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    chlorine production) nonwastewaters that contain less than 260 mg/kg
                    total mercury that are residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Other K106 nonwastewaters that contain less than 260 mg/kg total mercury    Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    and are not residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All K106 wastewaters.                                                       Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K107               Column bottoms from production separation from the production of 1,1-       NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    dimethylhydrazine (UDMH) from carboxylic acid hydrazides.                                                                                             CARBN; or BIODG fb
                                                                                                                                                                          CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K108               Condensed column overheads from product separation and condensed reactor    NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    vent gases from the production of 1,1-dimethylhydrazine (UDMH) from                                                                                   CARBN; or BIODG fb
                    carboxylic acid hydrazides.                                                                                                                           CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K109               Spent filter cartridges from product purification from the production of    NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.                                                                                         CARBN; or BIODG fb
                                                                                                                                                                          CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K110               Condensed column overheads from intermediate separation from the            NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid                                                                                       CARBN; or BIODG fb
                    hydrazides.                                                                                                                                           CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K111               Product washwaters from the production of dinitrotoluene via nitration of   2,4-Dinitrotoluene                            121-14-2                 0.32                  140
                    toluene.                                                                   2,6-Dinitrotoluene                            606-20-2                 0.55                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 228]]

 
K112               Reaction by-product water from the drying column in the production of       NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    toluenediamine via hydrogenation of dinitrotoluene.                                                                                                   CARBN; or BIODG fb
                                                                                                                                                                          CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K113               Condensed liquid light ends from the purification of toluenediamine in the  NA                                                  NA                     CARBN; or CMBST      CMBST
                    production of toluenediamine via hydrogenation of dinitrotoluene.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K114               Vicinals from the purification of toluenediamine in the production of       NA                                                  NA                     CARBN; or CMBST      CMBST
                    toluenediamine via hydrogenation of dinitrotoluene.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K115               Heavy ends from the purification of toluenediamine in the production of     Nickel                                       7440-02-2                 3.98            11 mg/L TCLP
                    toluenediamine via hydrogenation of dinitrotoluene.                        NA                                                  NA                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K116               Organic condensate from the solvent recovery column in the production of    NA                                                  NA                     CARBN; or CMBST      CMBST
                    toluene diisocyanate via phosgenation of toluenediamine.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K117               Wastewater from the reactor vent gas scrubber in the production of          Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                    ethylene dibromide via bromination of ethene.                              Chloroform                                 ............  ...................  ...................
                                                                                                                                              67-66-3                0.046                  6.0
                   ..........................................................................  Ethylene dibromide (1,2-Dibromoethane)        106-93-4                0.028                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K118               Spent absorbent solids from purification of ethylene dibromide in the       Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                    production of ethylene dibromide via bromination of ethene.                Chloroform                                 ............  ...................  ...................
                                                                                                                                              67-66-3                0.046                  6.0
                   ..........................................................................  Ethylene dibromide (1,2,-Dibromoethane)       106-93-4                0.028                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K123               Process wastewater (including supernates, filtrates, and washwaters) from   NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    the production of ethylenebisdithiocarbamic acid and its salts.                                                                             (BIODG or CARBN)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K124               Reactor vent scrubber water from the production of                          NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    ethylenebisdithiocarbamic acid and its salts.                                                                                               (BIODG or CARBN)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K125               Filtration, evaporation, and centrifugation solids from the production of   NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    ethylenebisdithiocarbamic acid and its salts.                                                                                               (BIODG or CARBN)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 229]]

 
K126               Baghouse dust and floor sweepings in milling and packaging operations from  NA                                                  NA                     CMBST; or CHOXD fb   CMBST
                    the production or formulation of ethylenebisdithiocarbamic acid and its                                                                     (BIODG or CARBN)
                    salts.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K131               Wastewater from the reactor and spent sulfuric acid from the acid dryer     Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                    from the production of methyl bromide.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K132               Spent absorbent and wastewater separator solids from the production of      Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                    methyl bromide.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K136               Still bottoms from the purification of ethylene dibromide in the            Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
                    production of ethylene dibromide via bromination of ethene.                Chloroform                                 ............  ...................  ...................
                                                                                                                                              67-66-3                 0.46                  6.0
                   ..........................................................................  Ethylene dibromide (1,2-Dibromoethane)        106-93-4                0.028                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K141               Process residues from the recovery of coal tar, including, but not limited  Benzene                                        71-43-2                 0.14                   10
                    to, collecting sump residues from the production of coke or the recovery   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    of coke by-products produced from coal. This listing does not include      Benzo(a)pyrene                                  50-2-8                0.061                  3.4
                    K087 (decanter tank tar sludge from coking operations).                    Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K142               Tar storage tank residues from the production of coke from coal or from     Benzene                                        71-43-2                 0.14                   10
                    the recovery of coke by-products produced from coal.                       Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K143               Process residues from the recovery of light oil, including, but not         Benzene                                        71-43-2                 0.14                   10
                    limited to, those generated in stills, decanters, and wash oil recovery    Benz(a)anthracene                              56-55-3                0.059                  3.4
                    units from the recovery of coke by-products produced from coal.            Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)flouranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K144               Wastewater sump residues from light oil refining, including, but not        Benzene                                        71-43-2                 0.14                   10
                    limited to, intercepting or contamination sump sludges from the recovery   Benz(a)pyrene                                  56-55-3                0.059                  3.4
                    of coke by-products produced from coal.                                    Benzo(a)anthracene                             50-32-8                0.061                  3.4

[[Page 230]]

 
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K145               Residues from naphthalene collection and recovery operations from the       Benzene                                        71-43-2                 0.14                   10
                    recovery of coke by-products produced from coal.                           Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K147               Tar storage tank residues from coal tar refining.                           Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K148               Residues from coal tar distillation, including, but not limited to, still   Benz(a)anthracene                              56-55-3                0.059                  3.4
                    bottoms.                                                                   Benzo(a)pyrene                                 50-32-8                0.061                  3.4
                   ..........................................................................  Benzo(b)fluoranthene (difficult to            205-99-2                 0.11                  6.8
                                                                                                distinguish from benzo(k)fluoranthene)
                   ..........................................................................  Benzo(k)fluoranthene (difficult to            207-08-9                 0.11                  6.8
                                                                                                distinguish from benzo(b)fluoranthene)
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K149               Distillation bottoms from the production of alpha- (or methyl-)             Chlorobenzene                                 108-90-7                0.057                  6.0
                    chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and    Chloroform                                     67-66-3                0.046                  6.0
                    compounds with mixtures of these functional groups. (This waste does not   Chloromethane                                  74-87-3                 0.19                   30
                    include still bottoms from the distillations of benzyl chloride.)          p-Dichlorobenzene                             106-46-7                0.090                  6.0
                                                                                               Hexachlorobenzene                             118-74-1                0.055                   10

[[Page 231]]

 
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K150               Organic residuals, excluding spent carbon adsorbent, from the spent         Carbon tetrachloride                           56-23-5                0.057                  6.0
                    chlorine gas and hydrochloric acid recovery processes associated with the  Chloroform                                     67-66-3                0.046                  6.0
                    production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated   Chloromethane                                  74-87-3                0.019                   30
                    toluenes, benzoyl chlorides, and compounds with mixtures of these          p-Dichlorobenzene                             106-46-7                0.090                  6.0
                    functional groups.                                                         Hexachlorobenzene                             118-74-1                0.055                   10
                   ..........................................................................  Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  1,1,2,2-Tetrachloroethane                      79-34-5                0.057                  6.0
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  1,2,4-Trichlorobenzene                        120-82-1                0.055                   19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K151               Wastewater treatment sludges, excluding neutralization and biological       Benzene                                        71-43-2                 0.14                   10
                    sludges, generated during the treatment of wastewaters from the            Carbon tetrachloride                           56-23-5                0.057                  6.0
                    production of alpha- or (methyl-) chlorinated toluenes, ring-chlorinated   Chloroform                                     67-66-3                0.046                  6.0
                    toluenes, benzoyl chlorides, and compounds with mixtures of these          Hexachlorobenzene                             118-74-1                0.055                   10
                    functional groups.                                                         Pentachlorobenzene                            608-93-5                0.055                   10
                   ..........................................................................  1,2,4,5-Tetrachlorobenzene                     95-94-3                0.055                   14
                   ..........................................................................  Tetrachloroethylene                           127-18-4                0.056                  6.0
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K156               Organic waste (including heavy ends, still bottoms, light ends, spent       Acetonitrile                                   75-05-8                  5.6                  1.8
                    solvents, filtrates, and decantates) from the production of carbamates
                    and carbamoyl oximes
                                                                                               Acetophenone                                   98-86-2                0.010                  9.7
                                                                                               Aniline                                        62-53-3                 0.81                   14
                                                                                               Benomyl \10\                                17804-35-2           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Benzene                                        71-43-2                 0.14                   10
                                                                                               Carbaryl \10\                                  63-25-2           0.006; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Carbenzadim \10\                            10605-21-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Carbofuran \10\                              1563-66-2           0.006; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Carbosulfan \10\                            55285-14-8           0.028; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Chlorobenzene                                 108-90-7                0.057                  6.0
                                                                                               Chloroform                                     67-66-3                0.046                  6.0
                                                                                               o-Dichlorobenzene                              95-50-1                0.088                  6.0

[[Page 232]]

 
                                                                                               Methomyl \10\                               16752-77-5           0.028; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Methylene chloride                             75-09-2                0.089                   30
                                                                                               Methyl ethyl ketone                            78-93-3                 0.28                   36
                                                                                               Naphthalene                                    91-20-3                0.059                  5.6
                                                                                               Phenol                                        108-95-2                0.039                  6.2
                                                                                               Pyridine                                      110-86-1                0.014                   16
                                                                                               Toluene                                       108-88-3                0.080                   10
                                                                                               Triethylamine                                 121-44-8           0.081; or CMBST,       1.5; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
K157               Wastewaters (including scrubber waters, condenser waters, washwaters, and   Carbon tetrachloride                           56-23-5                0.057                  6.0
                    separation waters) from the production of carbamates and carbamoyl oximes
                                                                                               Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Chloromethane                                  74-87-3                 0.19                   30
                                                                                               Methomyl \10\                               16752-77-5           0.028; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Methylene chloride                             75-09-2                0.089                   30
                                                                                               Methylethyl ketone                             78-93-3                 0.28                   36
                                                                                               Pyridine                                      110-86-1                0.014                   16
                                                                                               Triethylamine                                 121-44-8            0.081 or CMBST,       1.5; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
K158               Bag house dusts and filter/separation solids from the production of         Benzene                                        71-43-2                 0.14                   10
                    carbamates and carbamoyl oximes
                                                                                               Carbenzadim \10\                            10605-21-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Carbofuran \10\                              1563-66-2           0.006; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Carbosulfan \10\                            55285-14-8           0.028; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Chloroform                                     67-66-3                0.046                  6.0
                                                                                               Methylene chloride                             75-09-2                0.089                   30

[[Page 233]]

 
                                                                                               Phenol                                        108-95-2                0.039                  6.2
K159               Organics from the treatment of thiocarbamate wastes                         Benzene                                        71-43-2                 0.14                   10
                                                                                               Butylate \10\                                2008-41-5           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               EPTC (Eptam)\10\                              759-94-4           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Molinate\10\                                 2212-67-1           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Pebulate\10\                                 1114-71-2           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Vernolate\10\                                1929-77-7           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
K161               Purification solids (including filtration, evaporation, and centrifugation  Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                    solids), baghouse dust and floor sweepings from the production of
                    dithiocarbamate acids and their salts
                                                                                               Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                                                                                               Carbon disulfide                               75-15-0                  3.8           4.8 mg/L TCLP
                                                                                               Dithiocarbamates (total) \10\                       NA           0.028; or CMBST,        28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Nickel                                       7440-02-0                 3.98          11.0 mg/L TCLP
                                                                                               Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
K169               Crude oil tank sediment from petroleum refining operations.                 Benz(a)anthracene                              56-55-3                0.059                  3.4
                   ..........................................................................  Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   81-05-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene (Methyl Benzene)                      108-88-3                0.080                   10
                   ..........................................................................  Xylene(s) (Total)                            1330-20-7                 0.32                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K170               Clarified slurry oil sediment from petroleum refining operations.           Benz(a)anthracene                              56-55-3                0.059                  3.4
                                                                                               Benzene                                        71-43-2                 0.14                   10
                   ..........................................................................  Benzo(g,h,i)perylene                          191-24-2               0.0055                  1.8
                   ..........................................................................  Chrysene                                      218-01-9                0.059                  3.4
                   ..........................................................................  Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
                   ..........................................................................  Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Fluorene                                       86-73-7                0.059                  3.4
                   ..........................................................................  Indeno(1,3,4-cd)pyrene                        193-39-5               0.0055                  3.4
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   81-05-8                0.059                  5.6

[[Page 234]]

 
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene (Methyl Benzene)                      108-88-3                0.080                   10
                   ..........................................................................  Xylene(s) (Total)                            1330-20-7                 0.32                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K171               Spent hydrotreating catalyst from petroleum refining operations, including  Benz(a)anthracene                              56-55-3                0.059                  3.4
                    guard beds used to desulfurize feeds to other catalytic reactors (this     Benzene                                        71-43-2                 0.14                   10
                    listing does not include inert support media).                             Chrysene                                      218-01-9                0.059                  3.4
                                                                                               Ethyl benzene                                 100-41-4                0.057                   10
                   ..........................................................................  Naphthalene                                    91-20-3                0.059                  5.6
                   ..........................................................................  Phenanthrene                                   81-05-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                 0.67                  8.2
                   ..........................................................................  Toluene (Methyl Benzene)                      108-88-3                0.080                   10
                   ..........................................................................  Xylene(s) (Total)                            1330-20-7                 0.32                   30
                   ..........................................................................  Arsenic                                      7740-38-2                  1.4             5 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98          11.0 mg/L TCLP
                   ..........................................................................  Vanadium                                     7440-62-2                  4.3           1.6 mg/L TCLP
                   ..........................................................................  Reactive sulfides                                   NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K172               Spent hydrorefining catalyst from petroleum refining operations, including  Benzene                                        71-43-2                 0.14                   10
                    guard beds used to desulfurize feeds to other catalytic reactors (this     Ethyl benzene                                 100-41-4                 0.57                   10
                    listing does not include inert support media.).                            Toluene (Methyl Benzene)                      108-88-3                0.080                   10
                                                                                               Xylene(s) (Total)                            1330-20-7                 0.32                   30
                   ..........................................................................  Antimony                                     7740-36-0                  1.9          1.15 mg/L TCLP
                   ..........................................................................  Arsenic                                      7740-38-2                  1.4             5 mg/L TCLP
                   ..........................................................................  Nickel                                       7440-02-0                 3.98          11.0 mg/L TCLP
                   ..........................................................................  Vanadium                                     7440-62-2                  4.3           1.6 mg/L TCLP
                   ..........................................................................  Reactive sulfides                                   NA                  DEACT                DEACT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K174               Wastewater treatment sludges from the production of ethylene dichloride or  1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin   35822-46-9         0.000035 or CMBST      0.0025 or CMBST
                    vinyl chloride monomer.                                                     (1,2,3,4,6,7,8-HpCDD)                                                 \11\                 \11\
                   ..........................................................................  1,2,3,4,6,7,8-Heptachlorodibenzofuran       67562-39-4         0.000035 or CMBST      0.0025 or CMBST
                                                                                                (1,2,3,4,6,7,8-HpCDF)                                                 \11\                 \11\
                   ..........................................................................  1,2,3,4,7,8,9-Heptachlorodibenzofuran       55673-89-7         0.000035 or CMBST      0.0025 or CMBST
                                                                                                (1,2,3,4,7,8,9-HpCDF)                                                 \11\                 \11\
                   ..........................................................................  HxCDDs (All Hexachlorodibenzo-p-dioxins)    34465-46-8         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  HxCDFs (All Hexachlorodibenzofurans)        55684-94-1         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzo-p-         3268-87-9         0.000063 or CMBST       0.005 or CMBST \11\
                                                                                                dioxin (OCDD)                                                         \11\

[[Page 235]]

 
                   ..........................................................................  1,2,3,4,6,7,8,9-Octachlorodibenzofuran      39001-02-0         0.000063 or CMBST       0.005 or CMBST \11\
                                                                                                (OCDF)                                                                \11\
                   ..........................................................................  PeCDDs (All Pentachlorodibenzo-p-dioxins    36088-22-9         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  PeCDFs (All Pentachlorodibenzofurans)       30402-15-4         0.000035 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  TCDDs (All tetachlorodibenzo-p-dioxins)     41903-57-5         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  TCDFs (All tetrachlorodibenzofurans)        55722-27-5         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
                   ..........................................................................  Arsenic                                      7440-36-0                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K175               Wastewater treatment sludge from the production of vinyl chloride monomer   Mercury \12\                                 7438-97-6                   NA         0.025 mg/L TCLP
                    using mercuric chloride catalyst in an acetylene-based process             pH \12\                                                                  NA              pH<=6.0
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All K175 wastewaters                                                        Mercury                                      7438-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K176               Baghouse filters from the production of antimony oxide, including filters   Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                    from the production of intermediates (e.g., antimony metal or crude        Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    antimony oxide)                                                            Cadmium                                      7440-43-9                 0.69          0.11 mg/L TCLP
                                                                                               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
                                                                                               Mercury                                      7439-97-6                 0.15         0.025 mg/L TCLP
K177               Slag from the production of antimony oxide that is speculatively            Antimony                                     7440-36-0                  1.9          1.15 mg/L TCLP
                    accumulated or disposed, including slag from the production of             Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
                    intermediates (e.g., antimony metal or crude antimony oxide)               Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
K178               Residues from manufacturing and manufacturing-site storage of ferric        1,2,3,4,6,7,8- Heptachlorodibenzo-p-        35822-39-4         0.000035 or CMBST      0.0025 or CMBST
                    chloride from acids formed during the production of titanium dioxide        dioxin (1,2,3,4,6,7,8-HpCDD)              ............                \11\                 \11\
                    using the chloride-ilmenite process.                                       .........................................  ............  ...................  ...................
                                                                                               1,2,3,4,6,7,8-                              67562-39-4         0.000035 or CMBST      0.0025 or CMBST
                                                                                               Heptachlorodibenzofuran (1,2,3,4,6,7,8-    ............                \11\                 \11\
                                                                                                HpCDF)                                    ............  ...................  ...................
                                                                                               .........................................  ............  ...................  ...................
                                                                                               1,2,3,4,7,8,9-                              55673-89-7         0.000035 or CMBST      0.0025 or CMBST
                                                                                               Heptachlorodibenzofuran (1,2,3,4,7,8,9-                                \11\                 \11\
                                                                                                HpCDF)                                                  ...................  ...................
                                                                                               .........................................
                                                                                               HxCDDs (All Hexachlorodibenzo-p-dioxins)    34465-46-8         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
 
                                                                                               HxCDFs (All Hexachlorodibenzo-furans)       55684-94-1         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
 
                                                                                               1,2,3,4,6,7,8,9- Octachlorodibenzo-p-        3268-87-9         0.000063 or CMBST       0.005 or CMBST \11\
                                                                                                dioxin (OCDD)                                                         \11\
 
                                                                                               1,2,3,4,6,7,8,9- Octachlorodibenzofuran     39001-02-0         0.000063 or CMBST       0.005 or CMBST \11\
                                                                                                (OCDF)                                                                \11\
 
                                                                                               PeCDDs (All Pentachlorodibenzo-p-dioxins)   36088-22-9         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\

[[Page 236]]

 
 
                                                                                               PeCDFs (All Pentachlorodibenzo-furans)      30402-15-4         0.000035 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
 
                                                                                               TCDDs (All tetrachlorodibenzo-p-dioxins)    41903-57-5         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
 
                                                                                               TCDFs (All tetrachlorodibenzo-furans)       55722-27-5         0.000063 or CMBST       0.001 or CMBST \11\
                                                                                                                                                                      \11\
 
                                                                                               Thallium                                     7440-28-0                  1.4          0.20 mg/L TCLP
 
K181               Nonwastewaters from the production of dyes and/or pigments (including       Aniline                                        62-53-3                 0.81                   14
                    nonwastewaters commingled at the point of generation with nonwastewaters   o-Anisidine (2-methoxyaniline)                 90-04-0                0.010                 0.66
                    from other processes) that, at the point of generation, contain mass       4-Chloroaniline                               106-47-8                 0.46                   16
                    loadings of any of the constituents identified in paragraph (c) of         p-Cresidine                                   120-71-8                0.010                 0.66
                    section 261.32 that are equal to or greater than the corresponding         2,4-Dimethylaniline (2,4-xylidine)             95-68-1                0.010                 0.66
                    paragraph (c) levels, as determined on a calendar year basis               1,2-Phenylenediamine                           95-54-5                     CMBST; or CHOXD fb   CMBST; or CHOXD fb
                                                                                                                                                                (BIODG or CARBN);    (BIODG or CARBN);
                                                                                                                                                              or BIODG fb CARBN    or BIODG fb CARBN
                                                                                               1,3-Phenylenediamine                          108-45-2                0.010                 0.66
P001               Warfarin, & salts, when present at concentrations greater than 0.3%         Warfarin                                       81-81-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P002               1-Acetyl-2-thiourea                                                         1-Acetyl-2-thiourea                           591-08-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P003               Acrolein                                                                    Acrolein                                      107-02-8                 0.29                     CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P004               Aldrin                                                                      Aldrin                                        309-00-2                0.021                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P005               Allyl alcohol                                                               Allyl alcohol                                 107-18-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 237]]

 
P006               Aluminum phosphide                                                          Aluminum phosphide                          20859-73-8                     CHOXD; CHRED; or     CHOXD; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P007               5-Aminomethyl 3-isoxazolol                                                  5-Aminomethyl 3-isoxazolol                   2763-96-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P008               4-Aminopyridine                                                             4-Aminopyridine                               504-24-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P009               Ammonium picrate                                                            Ammonium picrate                              131-74-8                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P010               Arsenic acid                                                                Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P011               Arsenic pentoxide                                                           Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P012               Arsenic trioxide                                                            Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P013               Barium cyanide                                                              Barium                                       7440-39-3                   NA            21 mg/L TCLP
                   ..........................................................................  Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P014               Thiophenol (Benzene thiol)                                                  Thiophenol (Benzene thiol)                    108-98-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P015               Beryllium dust                                                              Beryllium                                    7440-41-7      RMETL; or RTHRM      RMETL; or RTHRM
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P016               Dichloromethyl ether (Bis(chloromethyl)ether)                               Dichloromethyl ether                          542-88-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P017               Bromoacetone                                                                Bromoacetone                                  598-31-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P018               Brucine                                                                     Brucine                                       357-57-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P020               2-sec-Butyl-4,6-dinitrophenol (Dinoseb)                                     2-sec-Butyl-4,6-dinitrophenol (Dinoseb)        88-85-7                0.066                  2.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P021               Calcium cyanide                                                             Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P022               Carbon disulfide                                                            Carbon disulfide                               75-15-0                  3.8                     CMBST

[[Page 238]]

 
                   ..........................................................................  Carbon disulfide; alternate \6\ standard       75-15-0                   NA           4.8 mg/L TCLP
                                                                                                for nonwastewaters only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P023               Chloroacetaldehyde                                                          Chloroacetaldehyde                            107-20-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P024               p-Chloroaniline                                                             p-Chloroaniline                               106-47-8                 0.46                   16
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P026               1-(o-Chlorophenyl)thiourea                                                  1-(o-Chlorophenyl)thiourea                   5344-82-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P027               3-Chloropropionitrile                                                       3-Chloropropionitrile                         542-76-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P028               Benzyl chloride                                                             Benzyl chloride                               100-44-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P029               Copper cyanide                                                              Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P030               Cyanides (soluble salts and complexes)                                      Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P031               Cyanogen                                                                    Cyanogen                                      460-19-5                     CHOXD; WETOX; or     CHOXD; WETOX; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P033               Cyanogen chloride                                                           Cyanogen chloride                             506-77-4                     CHOXD; WETOX; or     CHOXD; WETOX; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P034               2-Cyclohexyl-4,6-dinitrophenol                                              2-Cyclohexyl-4,6-dinitrophenol                131-89-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P036               Dichlorophenylarsine                                                        Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 239]]

 
P037               Dieldrin                                                                    Dieldrin                                       60-57-1                0.017                 0.13
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P038               Diethylarsine                                                               Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P039               Disulfoton                                                                  Disulfoton                                    298-04-4                0.017                  6.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P040               0,0-Diethyl O-pyrazinyl phosphorothioate                                    0,0-Diethyl O-pyrazinyl phosphorothioate      297-97-2                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P041               Diethyl-p-nitrophenyl phosphate                                             Diethyl-p-nitrophenyl phosphate               311-45-5                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P042               Epinephrine                                                                 Epinephrine                                    51-43-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P043               Diisopropylfluorophosphate (DFP)                                            Diisopropylfluorophosphate (DFP)               55-91-4                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P044               Dimethoate                                                                  Dimethoate                                     60-51-5                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P045               Thiofanox                                                                   Thiofanox                                   39196-18-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P046               alpha, alpha-Dimethylphenethylamine                                         alpha, alpha-Dimethylphenethylamine           122-09-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P047               4,6-Dinitro-o-cresol                                                        4,6-Dinitro-o-cresol                          543-52-1                 0.28                  160
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   4,6-Dinitro-o-cresol salts                                                  NA                                                  NA           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P048               2,4-Dinitrophenol                                                           2,4-Dinitrophenol                              51-28-5                 0.12                  160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P049               Dithiobiuret                                                                Dithiobiuret                                  541-53-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P050               Endosulfan                                                                  Endosulfan I                                  939-98-8                0.023                0.066
                   ..........................................................................  Endosulfan II                                33213-6-5                0.029                 0.13
                   ..........................................................................  Endosulfan sulfate                           1031-07-8                0.029                 0.13
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P051               Endrin                                                                      Endrin                                         72-20-8               0.0028                 0.13
                   ..........................................................................  Endrin aldehyde                              7421-93-4                0.025                 0.13
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P054               Aziridine                                                                   Aziridine                                     151-56-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 240]]

 
P056               Fluorine                                                                    Fluoride (measured in wastewaters only)     16984-48-8                   35       ADGAS fb NEUTR
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P057               Fluoroacetamide                                                             Fluoroacetamide                               640-19-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P058               Fluoroacetic acid, sodium salt                                              Fluoroacetic acid, sodium salt                 62-74-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P059               Heptachlor                                                                  Heptachlor                                     76-44-8               0.0012                0.066
                   ..........................................................................  Heptachlor epoxide                           1024-57-3                0.016                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P060               Isodrin                                                                     Isodrin                                       465-73-6                0.021                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P062               Hexaethyl tetraphosphate                                                    Hexaethyl tetraphosphate                      757-58-4                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P063               Hydrogen cyanide                                                            Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P064               Isocyanic acid, ethyl ester                                                 Isocyanic acid, ethyl ester                   624-83-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P065               Mercury fulminate nonwastewaters, regardless of their total mercury         Mercury                                      7439-97-6                   NA                 IMERC
                    content, that are not incinerator residues or are not residues from
                    RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Mercury fulminate nonwastewaters that are either incinerator residues or    Mercury                                      7439-97-6                   NA                 RMERC
                    are residues from RMERC; and contain greater than or equal to 260 mg/kg
                    total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Mercury fulminate nonwastewaters that are residues from RMERC and contain   Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    less than 260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Mercury fulminate nonwastewaters that are incinerator residues and contain  Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    less than 260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All mercury fulminate wastewaters.                                          Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 241]]

 
P066               Methomyl                                                                    Methomyl                                    16752-77-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P067               2-Methyl-aziridine                                                          2-Methyl-aziridine                             75-55-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P068               Methyl hydrazine                                                            Methyl hydrazine                               60-34-4                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P069               2-Methyllactonitrile                                                        2-Methyllactonitrile                           75-86-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P070               Aldicarb                                                                    Aldicarb                                      116-06-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P071               Methyl parathion                                                            Methyl parathion                              298-00-0                0.014                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P072               1-Naphthyl-2-thiourea                                                       1-Naphthyl-2-thiourea                          86-88-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P073               Nickel carbonyl                                                             Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P074               Nickel cyanide                                                              Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Nickel                                       7440-02-0                 3.98            11 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P075               Nicotine and salts                                                          Nicotine and salts                             54-11-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P076               Nitric oxide                                                                Nitric oxide                                10102-43-9                ADGAS                ADGAS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P077               p-Nitroaniline                                                              p-Nitroaniline                                100-01-6                0.028                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P078               Nitrogen dioxide                                                            Nitrogen dioxide                            10102-44-0                ADGAS                ADGAS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P081               Nitroglycerin                                                               Nitroglycerin                                  55-63-0                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P082               N-Nitrosodimethylamine                                                      N-Nitrosodimethylamine                         62-75-9                 0.40                  2.3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 242]]

 
P084               N-Nitrosomethylvinylamine                                                   N-Nitrosomethylvinylamine                    4549-40-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P085               Octamethylpyrophosphoramide                                                 Octamethylpyrophosphoramide                   152-16-9                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P087               Osmium tetroxide                                                            Osmium tetroxide                            20816-12-0      RMETL; or RTHRM      RMETL; or RTHRM
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P088               Endothall                                                                   Endothall                                     145-73-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P089               Parathion                                                                   Parathion                                      56-38-2                0.014                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P092               Phenyl mercuric acetate nonwastewaters, regardless of their total mercury   Mercury                                      7439-97-6                   NA                 IMERC; or RMERC
                    content, that are not incinerator residues or are not residues from
                    RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Phenyl mercuric acetate nonwastewaters that are either incinerator          Mercury                                      7439-97-6                   NA                 RMERC
                    residues or are residues from RMERC; and still contain greater than or
                    equal to 260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Phenyl mercuric acetate nonwastewaters that are residues from RMERC and     Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    contain less than 260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Phenyl mercuric acetate nonwastewaters that are incinerator residues and    Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    contain less than 260 mg/kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   All phenyl mercuric acetate wastewaters.                                    Mercury                                      7439-97-6                 0.15                   NA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P093               Phenylthiourea                                                              Phenylthiourea                                103-85-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P094               Phorate                                                                     Phorate                                       298-02-2                0.021                  4.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P095               Phosgene                                                                    Phosgene                                       75-44-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 243]]

 
P096               Phosphine                                                                   Phosphine                                    7803-51-2                     CHOXD; CHRED; or     CHOXD; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P097               Famphur                                                                     Famphur                                        52-85-7                0.017                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P098               Potassium cyanide.                                                          Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P099               Potassium silver cyanide                                                    Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P101               Ethyl cyanide (Propanenitrile)                                              Ethyl cyanide (Propanenitrile)                107-12-0                 0.24                  360
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P102               Propargyl alcohol                                                           Propargyl alcohol                             107-19-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P103               Selenourea                                                                  Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P104               Silver cyanide                                                              Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
                   ..........................................................................  Silver                                       7440-22-4                 0.43          0.14 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P105               Sodium azide                                                                Sodium azide                                26628-22-8                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P106               Sodium cyanide                                                              Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P108               Strychnine and salts                                                        Strychnine and salts                           57-24-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P109               Tetraethyldithiopyrophosphate                                               Tetraethyldithiopyrophosphate                3689-24-5                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P110               Tetraethyl lead                                                             Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P111               Tetraethylpyrophosphate                                                     Tetraethylpyrophosphate                       107-49-3                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P112               Tetranitromethane                                                           Tetranitromethane                             509-14-8                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P113               Thallic oxide                                                               Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P114               Thallium selenite                                                           Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 244]]

 
P115               Thallium (I) sulfate                                                        Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P116               Thiosemicarbazide                                                           Thiosemicarbazide                              79-19-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P118               Trichloromethanethiol                                                       Trichloromethanethiol                          75-70-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P119               Ammonium vanadate                                                           Vanadium (measured in wastewaters only)      7440-62-2                  4.3                STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P120               Vanadium pentoxide                                                          Vanadium (measured in wastewaters only)      7440-62-2                  4.3                STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P121               Zinc cyanide                                                                Cyanides (Total) \7\                           57-12-5                  1.2                  590
                   ..........................................................................  Cyanides (Amenable) \7\                        57-12-5                 0.86                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P122               Zinc phosphide Zn3P2, when present at concentrations greater than 10%.      Zinc Phosphide                               1314-84-7                     CHOXD; CHRED; or     CHOXD; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P123               Toxaphene                                                                   Toxaphene                                    8001-35-2               0.0095                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P127               Carbofuran \10\                                                             Carbofuran                                   1563-66-2           0.006; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P128               Mexacarbate\10\                                                             Mexacarbate                                   315-18-4           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P185               Tirpate \10\                                                                Tirpate                                     26419-73-8           0.056; or CMBST,      0.28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P188               Physostigmine salicylate \10\                                               Physostigmine salicylate                       57-64-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P189               Carbosulfan \10\                                                            Carbosulfan                                 55285-14-8           0.028; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN

[[Page 245]]

 
P190               Metolcarb \10\                                                              Metolcarb                                    1129-41-5           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P191               Dimetilan \10\                                                              Dimetilan                                     644-64-4           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P192               Isolan \10\                                                                 Isolan                                        119-38-0           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P194               Oxamyl \10\                                                                 Oxamyl                                      23135-22-0           0.056; or CMBST,      0.28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P196               Manganese dimethyldithio-carbamate \10\                                     Dithiocarbamates (total)                            NA           0.028; or CMBST,        28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P197               Formparanate \10\                                                           Formparante                                 17702-57-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P198               Formetanate hydrochloride \10\                                              Formetanate hydrochloride                   23422-53-9           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P199               Methiocarb \10\                                                             Methiocarb                                   2032-65-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P201               Promecarb \10\                                                              Promecarb                                    2631-37-0           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P202               m-Cumenyl methylcarbamate \10\                                              m-Cumenyl methylcarbamate                      64-00-6           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P203               Aldicarb sulfone \10\                                                       Aldicarb sulfone                             1646-88-4           0.056; or CMBST,      0.28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P204               Physostigmine \10\                                                          Physostigmine                                  57-47-6           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
P205               Ziram \10\                                                                  Dithiocarbamates (total)                            NA           0.028; or CMBST,        28; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U001               Acetaldehyde                                                                Acetaldehyde                                   75-07-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U002               Acetone                                                                     Acetone                                        67-64-1                 0.28                  160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U003               Acetonitrile                                                                Acetonitrile                                   75-05-8                  5.6                     CMBST
                   ..........................................................................  Acetonitrile; alternate \6\ standard for       75-05-8                   NA                   38
                                                                                                nonwastewaters only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 246]]

 
U004               Acetophenone                                                                Acetophenone                                   98-86-2                0.010                  9.7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U005               2-Acetylaminofluorene                                                       2-Acetylaminofluorene                          53-96-3                0.059                  140
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U006               Acetyl chloride                                                             Acetyl Chloride                                75-36-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U007               Acrylamide                                                                  Acrylamide                                     79-06-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U008               Acrylic acid                                                                Acrylic acid                                   79-10-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U009               Acrylonitrile                                                               Acrylonitrile                                 107-13-1                 0.24                   84
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U010               Mitomycin C                                                                 Mitomycin C                                    50-07-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U011               Amitrole                                                                    Amitrole                                       61-82-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U012               Aniline                                                                     Aniline                                        62-53-3                 0.81                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U014               Auramine                                                                    Auramine                                      492-80-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U015               Azaserine                                                                   Azaserine                                     115-02-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U016               Benz(c)acridine                                                             Benz(c)acridine                               225-51-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 247]]

 
U017               Benzal chloride                                                             Benzal chloride                                98-87-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U018               Benz(a)anthracene                                                           Benz(a)anthracene                              56-55-3                0.059                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U019               Benzene                                                                     Benzene                                        71-43-2                 0.14                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U020               Benzenesulfonyl chloride                                                    Benzenesulfonyl chloride                       98-09-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U021               Benzidine                                                                   Benzidine                                      92-87-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U022               Benzo(a)pyrene                                                              Benzo(a)pyrene                                 50-32-8                0.061                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U023               Benzotrichloride                                                            Benzotrichloride                               98-07-7                     CHOXD; CHRED;        CHOCS; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U024               bis(2-Chloroethoxy)methane                                                  bis(2)Chloroethoxy)methane                    111-91-1                0.036                  7.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U025               bis(2-Chloroethyl)ether                                                     bis(2-Chloroethyl)ether                       111-44-4                0.033                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U026               Chlornaphazine                                                              Chlornaphazine                                494-03-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U027               bis(2-Chloroisopropyl)ether                                                 bis(2-Chloroisopropyl)ether                 39638-32-9                0.055                  7.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U028               bis(2-Ethylhexyl) phthalate                                                 bis(2-Ethylhexyl) phthalate                   117-81-7                 0.28                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U029               Methyl bromide (Bromomethane)                                               Methyl bromide (Bromomethane)                  74-83-9                 0.11                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U030               4-Bromophenyl phenyl ether                                                  4-Bromophenyl phenyl ether                    101-55-3                0.055                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U031               n-Butyl alcohol                                                             n-Butyl alcohol                                71-36-3                  5.6                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U032               Calcium chromate                                                            Chromium (Total)                             7440-47-3                 2.77          0.60 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U033               Carbon oxyfluoride                                                          Carbon oxyfluoride                            353-50-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U034               Trichloroacetaldehyde (Chloral)                                             Trichloroacetaldehyde (Chloral)                75-87-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 248]]

 
U035               Chlorambucil                                                                Chlorambucil                                  305-03-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U036               Chlordane                                                                   Chlordane (alpha and gamma isomers)            57-74-9               0.0033                 0.26
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U037               Chlorobenzene                                                               Chlorobenzene                                 108-90-7                0.057                   60
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U038               Chlorobenzilate                                                             Chlorobenzilate                               510-15-6                 0.10                     CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U039               p-Chloro-m-cresol                                                           p-Chloro-m-cresol                              59-50-7                0.018                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U041               Epichlorohydrin (1-Chloro-2,3-epoxypropane)                                 Epichlorohydrin (1-Chloro-2,3-                106-89-8           (WETOX or CHOXD) fb            CMBST
                                                                                                epoxypropane)                                                             CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U042               2-Chloroethyl vinyl ether                                                   2-Chloroethyl vinyl ether                     110-75-8                0.062                     CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U043               Vinyl chloride                                                              Vinyl chloride                                 75-01-4                 0.27                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U044               Chloroform                                                                  Chloroform                                     67-66-3                0.046                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U045               Chloromethane (Methyl chloride)                                             Chloromethane (Methyl chloride)                74-87-3                 0.19                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U046               Chloromethyl methyl ether                                                   Chloromethyl methyl ether                     107-30-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U047               2-Chloronaphthalene                                                         2-Chloronaphthalene                            91-58-7                0.055                  5.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U048               2-Chlorophenol                                                              2-Chlorophenol                                 95-57-8                0.044                  5.7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U049               4-Chloro-o-toluidine hydrochloride                                          4-Chloro-o-toluidine hydrochloride           3165-93-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U050               Chrysene                                                                    Chrysene                                      218-01-9                0.059                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U051               Creosote                                                                    Naphthalene                                    91-20-3                0.059                  5.6

[[Page 249]]

 
                   ..........................................................................  Pentachlorophenol                              87-86-5                0.089                  7.4
                   ..........................................................................  Phenanthrene                                   85-01-8                0.059                  5.6
                   ..........................................................................  Pyrene                                        129-00-0                0.067                  8.2
                   ..........................................................................  Toluene                                       108-88-3                0.080                   10
                   ..........................................................................  Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
                   ..........................................................................  Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U052               Cresols (Cresylic acid)                                                     o-Cresol                                       95-48-7                 0.11                  5.6
                   ..........................................................................  m-Cresol (difficult to distinguish from p-    108-39-4                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  p-Cresol (difficult to distinguish from m-    106-44-5                 0.77                  5.6
                                                                                                cresol)
                   ..........................................................................  Cresol-mixed isomers (Cresylic acid) (sum    1319-77-3                 0.88                 11.2
                                                                                                of o- m-, and p-cresol concentrations)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U053               Crotonaldehyde                                                              Crotonaldehyde                               4170-30-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U055               Cumene                                                                      Cumene                                         98-82-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U056               Cyclohexane                                                                 Cyclohexane                                   110-82-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U057               Cyclohexanone                                                               Cyclohexanone                                 108-94-1                 0.36                     CMBST
                   ..........................................................................  Cyclohexanone; alternate \6\ standard for     108-94-1                   NA          0.75 mg/L TCLP
                                                                                                nonwastewaters only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U058               Cyclophosphamide                                                            Cyclophosphamide                               50-18-0                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U059               Daunomycin                                                                  Daunomycin                                  20830-81-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U060               DDD                                                                         o,p'-DDD                                       53-19-0                0.023                0.087
                   ..........................................................................  p,p'-DDD                                       72-54-8                0.023                0.087
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U061               DDT                                                                         o-p'-DDT                                      789-02-6               0.0039                0.087
                   ..........................................................................  p,p'-DDT                                       50-29-3               0.0039                0.087
                   ..........................................................................  o,p'-DDD                                       53-19-0                0.023                0.087
                   ..........................................................................  p,p'-DDD                                       72-54-8                0.023                0.087
                   ..........................................................................  o,p'-DDE                                     3424-82-6                0.031                0.087
                   ..........................................................................  p,p'-DDE                                       72-55-9                0.031                0.087
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 250]]

 
U062               Diallate                                                                    Diallate                                     2303-16-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U063               Dibenz(a,h)anthracene                                                       Dibenz(a,h)anthracene                          53-70-3                0.055                  8.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U064               Dibenz(a,i)pyrene                                                           Dibenz(a,i)pyrene                             189-55-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U066               1,2-Dibromo-3-chloropropane                                                 1,2-Dibromo-3-chloropropane                    96-12-8                 0.11                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U067               Ethylene dibromide (1,2-Dibromoethane)                                      Ethylene dibromide (1,2-Dibromoethane)        106-93-4                0.028                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U068               Dibromomethane                                                              Dibromomethane                                 74-95-3                 0.11                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U069               Di-n-butyl phthalate                                                        Di-n-butyl phthalate                           84-74-2                0.057                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U070               o-Dichlorobenzene                                                           o-Dichlorobenzene                              95-50-1                0.088                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U071               m-Dichlorobenzene                                                           m-Dichlorobenzene                             541-73-1                0.036                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U072               p-Dichlorobenzene                                                           p-Dichlorobenzene                             106-46-7                0.090                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U073               3,3'-Dichlorobenzidine                                                      3,3'-Dichlorobenzidine                         91-94-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U074               1,4-Dichloro-2-butene                                                       cis,1,4-Dichloro-2-butene                    1476-11-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
                   ..........................................................................  trans-1,4-Dichloro-2-butene                   764-41-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U075               Dichlorodifluoromethane                                                     Dichlorodifluoromethane                        75-71-8                 0.23                  7.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U076               1,1-Dichloroethane                                                          1,1-Dichloroethane                             75-34-3                0.059                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 251]]

 
U077               1,2-Dichloroethane                                                          1,2-Dichloroethane                            107-06-2                 0.21                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U078               1,1-Dichloroethylene                                                        1,1-Dichloroethylene                           75-35-4                0.025                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U079               1,2-Dichloroethylene                                                        trans-1,2-Dichloroethylene                    156-60-5                0.054                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U080               Methylene chloride                                                          Methylene chloride                             75-09-2                0.089                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U081               2,4-Dichlorophenol                                                          2,4-Dichlorophenol                            120-83-2                0.044                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U082               2,6-Dichlorophenol                                                          2,6-Dichlorophenol                             87-65-0                0.044                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U083               1,2-Dichloropropane                                                         1,2-Dichloropropane                            78-87-5                 0.85                   18
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U084               1,3-Dichloropropylene                                                       cis-1,3-Dichloropropylene                   10061-01-5                0.036                   18
                   ..........................................................................  trans-1,3-Dichloropropylene                 10061-02-6                0.036                   18
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U085               1,2:3,4-Diepoxybutane                                                       1,2,3,4-Diepoxybutane                        1464-53-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U086               N,N'-Diethylhydrazine                                                       N,N'-Diethylhydrazine                        1615-80-1                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U087               O,O-Diethyl S-methyldithiophosphate                                         O,O-Diethyl S-methyldithiophosphate          3288-58-2                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U088               Diethyl phthalate                                                           Diethyl phthalate                              84-66-2                 0.20                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U089               Diethyl stilbestrol                                                         Diethyl stilbestrol                            56-53-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U090               Dihydrosafrole                                                              Dihydrosafrole                                 94-58-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U091               3,3'-Dimethoxybenzidine                                                     3,3'-Dimethoxybenzidine                       119-90-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U092               Dimethylamine                                                               Dimethylamine                                 124-40-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U093               p-Dimethylaminoazobenzene                                                   p-Dimethylaminoazobenzene                      60-11-7                 0.13                     CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U094               7,12-Dimethylbenz(a)anthracene                                              7,12-Dimethylbenz(a)anthracene                 57-97-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 252]]

 
U095               3,3'-Dimethylbenzidine                                                      3,3'-Dimethylbenzidine                        119-93-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U096               alpha, alpha-Dimethyl benzyl hydroperoxide                                  alpha, alpha-Dimethyl benzyl                   80-15-9                     CHOXD; CHRED;        CHOXD, CHRED; or
                                                                                                hydroperoxide                                                             CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBSt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U097               Dimethylcarbamoyl chloride                                                  Dimethylcarbamoyl chloride                     79-44-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U098               1,1-Dimethylhydrazine                                                       1,1-Dimethylhydrazine                          57-14-7                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U099               1,2-Dimethylhydrazine                                                       1,2-Dimethylhydrazine                         540-73-8                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U101               2,4-Dimethylphenol                                                          2,4-Dimethylphenol                            105-67-9                0.036                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U102               Dimethyl phthalate                                                          Dimethyl phthalate                            131-11-3                0.047                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U103               Dimethyl sulfate                                                            Dimethyl sulfate                               77-78-1                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U105               2,4-Dinitrotoluene                                                          2,4-Dinitrotoluene                            121-14-2                 0.32                  140
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U106               2,6-Dinitrotoluene                                                          2,6-Dinitrotoluene                            606-20-2                 0.55                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U107               Di-n-octyl phthalate                                                        Di-n-octyl phthalate                          117-84-0                0.017                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U108               1,4-Dioxane                                                                 1,4-Dioxane                                   123-91-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
                   ..........................................................................  1,4-Dioxane, alternate \6\                    123-91-1                 12.0                  170
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 253]]

 
U109               1,2-Diphenylhydrazine                                                       1,2-Diphenylhydrazine                         122-66-7                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
                   ..........................................................................  1,2-Diphenylhydrazine; alternate \6\          122-66-7                0.087                   NA
                                                                                                standard for wastewaters only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U110               Dipropylamine                                                               Dipropylamine                                 142-84-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U111               Di-n-propylnitrosamine                                                      Di-n-propylnitrosamine                        621-64-7                 0.40                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U112               Ethyl acetate                                                               Ethyl acetate                                 141-78-6                 0.34                   33
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U113               Ethyl acrylate                                                              Ethyl acrylate                                140-88-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U114               Ethylenebisdithiocarbamic acid salts and esters                             Ethylenebisdithiocarbamic acid                111-54-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U115               Ethylene oxide                                                              Ethylene oxide                                 75-21-8           (WETOX or CHOXD) fb            CHOXD; or CMBST
                                                                                                                                                                          CARBN; or CMBST
                   ..........................................................................  Ethylene oxide; alternate \6\ standard         75-21-8                 0.12                   NA
                                                                                                for wastewaters only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U116               Ethylene thiourea                                                           Ethylene thiourea                              96-45-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U117               Ethyl ether                                                                 Ethyl ether                                    60-29-7                 0.12                  160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U118               Ethyl methacrylate                                                          Ethyl methacrylate                             97-63-2                 0.14                  160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U119               Ethyl methane sulfonate                                                     Ethyl methane sulfonate                        62-50-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U120               Fluoranthene                                                                Fluoranthene                                  206-44-0                0.068                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U121               Trichlorofluoromethane                                                      Trichlorofluoromethane                         75-69-4                0.020                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U122               Formaldehyde                                                                Formaldehyde                                   50-00-0           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 254]]

 
U123               Formic acid                                                                 Formic acid                                    64-18-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U124               Furan                                                                       Furan                                         110-00-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U125               Furfural                                                                    Furfural                                       98-01-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U126               Gylcidyaldehyde                                                             Glycidyaldehyde                               765-34-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U127               Hexachlorobenzene                                                           Hexachlorobenzene                             118-74-1                0.055                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U128               Hexachlorobutadiene                                                         Hexachlorobutadiene                            87-68-3                0.055                  5.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U129               Lindane                                                                     alpha-BHC                                     319-84-6              0.00014                0.066
                   ..........................................................................  beta-BHC                                      319-85-7              0.00014                0.066
                   ..........................................................................  delta-BHC                                     319-86-8                0.023                0.066
                   ..........................................................................  gamma-BHC (Lindane)                            58-89-9               0.0017                0.066
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U130               Hexachlorocyclopentadiene                                                   Hexachlorocyclopentadiene                      77-47-4                0.057                  2.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U131               Hexachloroethane                                                            Hexachloroethane                               67-72-1                0.055                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U132               Hexachlorophene                                                             Hexachlorophene                                70-30-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U133               Hydrazine                                                                   Hydrazine                                     302-01-2                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U134               Hydrogen fluoride                                                           Fluoride (measured in wastewaters only)      7664-39-3                   35   ADGAS fb NEUTR; or
                                                                                                                                                                                          NEUTR
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 255]]

 
U135               Hydrogen Sulfide                                                            Hydrogen Sulfide                             7783-06-4                     CHOXD; CHRED; or     CHOXD; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U136               Cacodylic acid                                                              Arsenic                                      7440-38-2                  1.4           5.0 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U137               Indeno(1,2,3-c,d)pyrene                                                     Indeno(1,2,3-cd)pyrene                        193-39-5               0.0055                  3.4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U138               Iodomethane                                                                 Iodomethane                                    74-88-4                 0.19                   65
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U140               Isobutyl alcohol                                                            Isobutyl alcohol                               78-83-1                  5.6                  170
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U141               Isosafrole                                                                  Isosafrole                                    120-58-1                0.081                  2.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U142               Kepone                                                                      Kepone                                        143-50-8               0.0011                 0.13
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U143               Lasiocarpine                                                                Lasiocarpine                                  303-34-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U144               Lead acetate                                                                Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U145               Lead phosphate                                                              Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U146               Lead subacetate                                                             Lead                                         7439-92-1                 0.69          0.75 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U147               Maleic anhydride                                                            Maleic anhydride                              108-31-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U148               Maleic hydrazide                                                            Maleic hydrazide                              123-33-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U149               Malononitrile                                                               Malononitrile                                 109-77-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U150               Melphalan                                                                   Malphalan                                     148-82-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U151               U151 (mercury) nonwastewaters that contain greater than or equal to 260 mg/ Mercury                                      7439-97-6                   NA                 RMERC
                    kg total mercury.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   U151 (mercury) nonwastewaters that contain less than 260 mg/kg total        Mercury                                      7439-97-6                   NA          0.20 mg/L TCLP
                    mercury and that are residues from RMERC only.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   U151 (mercury) nonwastewaters that contain less than 260 mg/kg total        Mercury                                      7439-97-6                   NA         0.025 mg/L TCLP
                    mercury and that are not residues from RMERC.
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 256]]

 
                   All U151 (mercury) wastewaters.                                             Mercury                                      7439-97-6                 0.15                   NA
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Elemental Mercury Contaminated with Radioactive Materials                   Mercury                                      7439-97-6                   NA                AMLGM
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U152               Methacrylonitrile                                                           Methacrylonitrile                             126-98-7                 0.24                   84
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U153               Methanethiol                                                                Methanethiol                                   74-93-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U154               Methanol                                                                    Methanol                                       67-56-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
                   ..........................................................................  Methanol; alternate \6\ set of standards       67-56-1                  5.6          0.75 mg/L TCLP
                                                                                                for both wastewaters and nonwastewaters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U155               Methapyrilene                                                               Methapyrilene                                  91-80-5                0.081                  1.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U156               Methyl chlorocarbonate                                                      Methyl chlorocarbonate                         79-22-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U157               3-Methylcholanthrene                                                        3-Methylcholanthrene                           56-49-5               0.0055                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U158               4,4'-Methylene bis(2-chloroaniline)                                         4,4'-Methylene bis(2-chloroaniline)           101-14-4                 0.50                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U159               Methyl ethyl ketone                                                         Methyl ethyl ketone                            78-93-3                 0.28                   36
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U160               Methyl ethyl ketone peroxide                                                Methyl ethyl ketone peroxide                 1338-23-4                     CHOXD; CHRED;        CHOXD; CHRED; or
                                                                                                                                                                          CARBN; BIODG; or     CMBST
                                                                                                                                                                          CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U161               Methyl isobutyl ketone                                                      Methyl isobutyl ketone                        108-10-1                 0.14                   33
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U162               Methyl methacrylate                                                         Methyl methacrylate                            80-62-6                 0.14                  160
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 257]]

 
U163               N-Methyl N'-nitro N-nitrosoguanidine                                        N-Methyl N'-nitro N-nitrosoguanidine           70-25-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U164               Methylthiouracil                                                            Methylthiouracil                               56-04-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U165               Naphthalene                                                                 Naphthalene                                    91-20-3                0.059                  5.6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U166               1,4-Naphthoquinone                                                          1,4-Naphthoquinone                            130-15-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U167               1-Naphthylamine                                                             1-Naphthylamine                               134-32-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U168               2-Naphthylamine                                                             2-Naphthylamine                                91-59-8                 0.52                     CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U169               Nitrobenzene                                                                Nitrobenzene                                   98-95-3                0.068                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U170               p-Nitrophenol                                                               p-Nitrophenol                                 100-02-7                 0.12                   29
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U171               2-Nitropropane                                                              2-Nitropropane                                 79-46-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U172               N-Nitrosodi-n-butylamine                                                    N-Nitrosodi-n-butylamine                      924-16-3                0.040                   17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U173               N-Nitrosodiethanolamine                                                     N-Nitrosodiethanolamine                      1116-54-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U174               N-Nitrosodiethylamine                                                       N-Nitrosodiethylamine                          55-18-5                 0.40                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U176               N-Nitroso-N-ethylurea                                                       N-Nitroso-N-ethylurea                         759-73-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U177               N-Nitroso-N-methylurea                                                      N-Nitroso-N-methylurea                        684-93-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U178               N-Nitroso-N-methylurethane                                                  N-Nitroso-N-methylurethane                    615-53-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U179               N-Nitrosopiperidine                                                         N-Nitrosopiperidine                           100-75-4                0.013                   35
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 258]]

 
U180               N-Nitrosopyrrolidine                                                        N-Nitrosopyrrolidine                          930-55-2                0.013                   35
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U181               5-Nitro-o-toluidine                                                         5-Nitro-o-toluidine                            99-55-8                 0.32                   28
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U182               Paraldehyde                                                                 Paraldehyde                                   123-63-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U183               Pentachlorobenzene                                                          Pentachlorobenzene                            608-93-5                0.055                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U184               Pentachloroethane                                                           Pentachloroethane                              76-01-7           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
                   ..........................................................................  Pentachloroethane; alternate \6\               76-01-7                0.055                  6.0
                                                                                                standards for both wastewaters and
                                                                                                nonwastewaters
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U185               Pentachloronitrobenzene                                                     Pentachloronitrobenzene                        82-68-8                0.055                  4.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U186               1,3-Pentadiene                                                              1,3-Pentadiene                                504-60-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U187               Phenacetin                                                                  Phenacetin                                     62-44-2                0.081                   16
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U188               Phenol                                                                      Phenol                                        108-95-2                0.039                  6.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U189               Phosphorus sulfide                                                          Phosphorus sulfide                           1314-80-3                     CHOXD; CHRED; or     CHOXd; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U190               Phthalic anhydride (measured as Phthalic acid or Terephthalic acid          Phthalic anhydride (measured as Phthalic      100-21-0                0.055                   28
                                                                                                acid or Terephthalic acid)
                   ..........................................................................  Phthalic anhydride (measured as Phthalic       85-44-9                0.055                   28
                                                                                                acid or Terephthalic acid)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U191               2-Picoline                                                                  2-Picoline                                    109-06-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 259]]

 
U192               Pronamide                                                                   Pronamide                                   23950-58-5                0.093                  1.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U193               1,3-Propane sultone                                                         1,3-Propane sultone                          1120-71-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U194               n-Propylamine                                                               n-Propylamine                                 107-10-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U196               Pyridine                                                                    Pyridine                                      110-86-1                0.014                   16
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U197               p-Benzoquinone                                                              p-Benzoquinone                                106-51-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U200               Reserpine                                                                   Reserpine                                      50-55-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U201               Resorcinol                                                                  Resorcinol                                    108-46-3           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U203               Safrole                                                                     Safrole                                        94-59-7                0.081                   22
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U204               Selenium dioxide                                                            Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U205               Selenium sulfide                                                            Selenium                                     7782-49-2                 0.82           5.7 mg/L TCLP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U206               Streptozotocin                                                              Streptozotocin                              18883-66-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U207               1,2,4,5-Tetrachlorobenzene                                                  1,2,4,5-Tetrachlorobenzene                     95-94-5                0.055                   14
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U208               1,1,1,2-Tetrachloroethane                                                   1,1,1,2-Tetrachloroethane                     630-20-6                0.057                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U209               1,1,2,2-Tetrachloroethane                                                   1,1,2,2-Tetrachloroethane                      79-34-5                0.057                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U210               Tetrachloroethylene                                                         Tetrachloroethylene                           127-18-4                0.056                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U211               Carbon tetrachloride                                                        Carbon tetrachloride                           56-23-5                0.057                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U213               Tetrahydrofuran                                                             Tetrahydrofuran                               109-99-9           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U214               Thallium (I) acetate                                                        Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 260]]

 
U215               Thallium (I) carbonate                                                      Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U216               Thallium (I) chloride                                                       Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U217               Thallium (I) nitrate                                                        Thallium (measured in wastewaters only)      7440-28-0                  1.4      RTHRM; or STABL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U218               Thioacetamide                                                               Thioacetamide                                  62-55-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U219               Thiourea                                                                    Thiourea                                       62-56-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U220               Toluene                                                                     Toluene                                       108-88-3                0.080                   10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U221               Toluenediamine                                                              Toluenediamine                              25376-45-8                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U222               o-Toluidine hydrochloride                                                   o-Toluidine hydrochloride                     636-21-5           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U223               Toluene diisocyanate                                                        Toluene diisocyanate                        26471-62-5                     CARBN; or CMBST      CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U225               Bromoform (Tribromomethane)                                                 Bromoform (Tribromomethane)                    75-25-2                 0.63                   15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U226               1,1,1-Trichloroethane                                                       1,1,1-Trichloroethane                          71-55-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U227               1,1,2-Trichloroethane                                                       1,1,2-Trichloroethane                          79-00-5                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U228               Trichloroethylene                                                           Trichloroethylene                              79-01-6                0.054                  6.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U234               1,3,5-Trinitrobenzene                                                       1,3,5-Trinitrobenzene                          99-35-4           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 261]]

 
U235               tris-(2,3-Dibromopropyl)-phosphate                                          tris-(2,3-Dibromopropyl)-phosphate            126-72-7                 0.11                 0.10
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U236               Trypan Blue                                                                 Trypan Blue                                    72-57-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U237               Uracil mustard                                                              Uracil mustard                                 66-75-1           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U238               Urethane (Ethyl carbamate)                                                  Urethane (Ethyl carbamate)                     51-79-6           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U239               Xylenes                                                                     Xylenes-mixed isomers (sum of o-, m-, and    1330-20-7                 0.32                   30
                                                                                                p-xylene concentrations)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U240               2,4-D (2,4-Dichlorophenoxyacetic acid)                                      2,4-D(2,4-Dichlorophenoxyacetic acid)          94-75-7                 0.72                   10
                  ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   2,4-D (2,4-Dichlorophenoxyacetic acid) salts and esters                     .........................................           NA           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U243               Hexachloropropylene                                                         Hexachloropropylene                          1888-71-7                0.035                   30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U244               Thiram                                                                      Thiram                                        137-26-8           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U246               Cyanogen bromide                                                            Cyanogen bromide                              506-68-3                     CHOXD; WETOX; or     CHOXD; WETOX; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U247               Methoxychlor                                                                Methoxychlor                                   72-43-5                 0.25                 0.18
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U248               Warfarin, & salts, when present at concentrations of 0.3% or less           Warfarin                                       81-81-2           (WETOX or CHOXD) fb            CMBST
                                                                                                                                                                          CARBN; or CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U249               Zinc phosphide, Zn3,P2, when present at concentrations of 10% or less       Zinc Phosphide                               1314-84-7                     CHOXD; CHRED; or     CHOXD; CHRED; or
                                                                                                                                                                          CMBST                CMBST
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U271               Benomyl \10\                                                                Benomyl                                     17804-35-2           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U278               Bendiocarb \10\                                                             Bendiocarb                                  22781-23-3           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U279               Carbaryl \10\                                                               Carbaryl                                       63-25-2           0.006; or CMBST,      0.14; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN

[[Page 262]]

 
U280               Barban \10\                                                                 Barban                                        101-27-9           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U328               o-Toluidine                                                                 o-Toluidine                                    95-53-4                     CMBST; or CHOXD fb   CMBST
                                                                                                                                                                (BIODG or CARBN);
                                                                                                                                                              or BIODG fb CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U353               p-Toluidine                                                                 p-Toluidine                                   106-49-0                     CMBST; or CHOXD fb   CMBST
                                                                                                                                                                (BIODG or CARBN);
                                                                                                                                                              or BIODG fb CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U359               2-Ethoxyethanol                                                             2-Ethoxyethanol                               110-80-5                     CMBST; or CHOXD fb   CMBST
                                                                                                                                                                (BIODG or CARBN);
                                                                                                                                                              or BIODG fb CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U364               Bendiocarb phenol \10\                                                      Bendiocarb phenol                           22961-82-6           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U367               Carbofuran phenol \10\                                                      Carbofuran phenol                            1563-38-8           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U372               Carbendazim \10\                                                            Carbendazim                                 10605-21-7           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U373               Propham \10\                                                                Propham                                       122-42-9           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U387               Prosulfocarb \10\                                                           Prosulfocarb                                52888-80-9           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U389               Triallate \10\                                                              Triallate                                    2303-17-5           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U394               A2213 \10\                                                                  A2213                                       30558-43-1           0.042; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN

[[Page 263]]

 
U395               Diethylene glycol, dicarbamate \10\                                         Diethylene glycol, dicarbamate               5952-26-1           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U404               Triethylamine \10\                                                          Triethylamine                                 121-44-8           0.081; or CMBST,       1.5; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U409               Thiophanate-methyl \10\                                                     Thiophanate-methyl                          23564-05-8           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U410               Thiodicarb \10\                                                             Thiodicarb                                  59669-26-0           0.019; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
U411               Propoxur \10\                                                               Propoxur                                      114-26-1           0.056; or CMBST,       1.4; or CMBST
                                                                                                                                                                          CHOXD, BIODG or
                                                                                                                                                                          CARBN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 264]]


              Footnotes to Treatment Standard Table 268.40
1                   The waste descriptions provided in this table do not
                     replace waste descriptions in 40 CFR 261.
                     Descriptions of Treatment/Regulatory Subcategories
                     are provided, as needed, to distinguish between
                     applicability of different standards.
 
2                   CAS means Chemical Abstract Services. When the waste
                     code and/or regulated constituents are described as
                     a combination of a chemical with its salts and/or
                     esters, the CAS number is given for the parent
                     compound only.
 
3                   Concentration standards for wastewaters are
                     expressed in mg/L and are based on analysis of
                     composite samples.
 
4                   All treatment standards expressed as a Technology
                     Code or combination of Technology Codes are
                     explained in detail in 40 CFR 268.42 Table 1--
                     Technology Codes and Descriptions of Technology-
                     Based Standards.
 
5                   Except for Metals (EP or TCLP) and Cyanides (Total
                     and Amenable) the nonwastewater treatment standards
                     expressed as a concentration were established, in
                     part, based upon incineration in units operated in
                     accordance with the technical requirements of 40
                     CFR Part 264 Subpart O or Part 265 Subpart O, or
                     based upon combustion in fuel substitution units
                     operating in accordance with applicable technical
                     requirements. A facility may comply with these
                     treatment standards according to provisions in 40
                     CFR 268.40(d). All concentration standards for
                     nonwastewaters are based on analysis of grab
                     samples.
 
6                   [Reserved]
 
7                   Both Cyanides (Total) and Cyanides (Amenable) for
                     nonwastewaters are to be analyzed using Method
                     9010C or 9012B, found in ``Test Methods' for
                     Evaluating Solid Waste, Physical/Chemical
                     Methods,'' EPA Publication SW-846, as incorporated
                     by reference in 40 CFR 260.11, with a sample size
                     of 10 grams and a distillation time of one hour and
                     15 minutes.
 
8                   These wastes, when rendered nonhazardous and then
                     subsequently managed in CWA, or CWA-equivalent
                     systems are not subject to treatment standards.
                     (See Sec. 268.1(c0(3) and (4)).
 
9                   These wastes, when rendered nonhazardous and then
                     subsequently injected in a Class SDWA well, are not
                     subject to treatment standards. (See Sec.
                     148.1(d)).
 
10                  The treatment standard for this waste may be
                     satisfied by either meeting the constituent
                     concentrations in this table or by treating the
                     waste by the specified technologies: combustion, as
                     defined by the technology code CMBST at Sec.
                     268.42 Table 1 of this Part, for nonwastewaters;
                     and biodegradation as defined by the technology
                     code BIODG, carbon adsorption as defined by the
                     technology code CARBN, chemical oxidation as
                     defined by the technology code CHOXD, or combustion
                     as defined as technology code CMBST at Sec.
                     268.42 Table 1 of this Part, for wastewaters.
 
11                  For these wastes, the definition of CMBST is limited
                     to: (1) combustion units operating under 40 CFR
                     266, (2) combustion units permitted under 40 CFR
                     Part 264, Subpart O, or (3) combustion units
                     operating under 40 CFR 265, Subpart O, which have
                     obtained a determination of equivalent treatment
                     under 268.42(b).
 
12                  Disposal of K175 wastes that have complied with all
                     applicable 40 CFR 268.40 treatment standards must
                     also be macroencapsulated in accordance with 40 CFR
                     268.45 Table 1 unless the waste is placed in:
                      (1) A Subtitle C monofill containing only K175
                    wastes that meet all applicable 40 CFR 268.40
                    treatment standards; or
                      (2) A dedicated Subtitle C landfill cell in which
                    all other wastes being co-disposed are at pH<=6.0.
 


[59 FR 48046, Sept. 19, 1994]

    Editorial Note: For Federal Register citations affecting Sec. 
268.40, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 268.41  Treatment standards expressed as concentrations in waste extract.

    For the requirements previously found in this section and for 
treatment standards in Table CCWE--Constituent Concentrations in Waste 
Extracts, refer to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]

[[Page 265]]



Sec. 268.42  Treatment standards expressed as specified technologies.

    Note: For the requirements previously found in this section in Table 
2--Technology-Based Standards By RCRA Waste Code, and Table 3--
Technology-Based Standards for Specific Radioactive Hazardous Mixed 
Waste, refer to Sec. 268.40.

    (a) The following wastes in the table in Sec. 268.40 ``Treatment 
Standards for Hazardous Wastes,'' for which standards are expressed as a 
treatment method rather than a concentration level, must be treated 
using the technology or technologies specified in the table entitled 
``Technology Codes and Description of Technology-Based Standards'' in 
this section.

 Table 1--Technology Codes and Description of Technology-Based Standards
------------------------------------------------------------------------
    Technology code         Description of technology-based standards
------------------------------------------------------------------------
ADGAS:                  Venting of compressed gases into an absorbing or
                         reacting media (i.e., solid or liquid)--venting
                         can be accomplished through physical release
                         utilizing valves/piping; physical penetration
                         of the container; and/or penetration through
                         detonation.
AMLGM:                  Amalgamation of liquid, elemental mercury
                         contaminated with radioactive materials
                         utilizing inorganic reagents such as copper,
                         zinc, nickel, gold, and sulfur that result in a
                         nonliquid, semi-solid amalgam and thereby
                         reducing potential emissions of elemental
                         mercury vapors to the air.
BIODG:                  Biodegradation of organics or non-metallic
                         inorganics (i.e., degradable inorganics that
                         contain the elements of phosphorus, nitrogen,
                         and sulfur) in units operated under either
                         aerobic or anaerobic conditions such that a
                         surrogate compound or indicator parameter has
                         been substantially reduced in concentration in
                         the residuals (e.g., Total Organic Carbon can
                         often be used as an indicator parameter for the
                         biodegradation of many organic constituents
                         that cannot be directly analyzed in wastewater
                         residues).
CARBN:                  Carbon adsorption (granulated or powdered) of
                         non-metallic inorganics, organo-metallics, and/
                         or organic constituents, operated such that a
                         surrogate compound or indicator parameter has
                         not undergone breakthrough (e.g., Total Organic
                         Carbon can often be used as an indicator
                         parameter for the adsorption of many organic
                         constituents that cannot be directly analyzed
                         in wastewater residues). Breakthrough occurs
                         when the carbon has become saturated with the
                         constituent (or indicator parameter) and
                         substantial change in adsorption rate
                         associated with that constituent occurs.
CHOXD:                  Chemical or electrolytic oxidation utilizing the
                         following oxidation reagents (or waste
                         reagents) or combinations of reagents: (1)
                         Hypochlorite (e.g., bleach); (2) chlorine; (3)
                         chlorine dioxide; (4) ozone or UV (ultraviolet
                         light) assisted ozone; (5) peroxides; (6)
                         persulfates; (7) perchlorates; (8)
                         permangantes; and/or (9) other oxidizing
                         reagents of equivalent efficiency, performed in
                         units operated such that a surrogate compound
                         or indicator parameter has been substantially
                         reduced in concentration in the residuals
                         (e.g., Total Organic Carbon can often be used
                         as an indicator parameter for the oxidation of
                         many organic constituents that cannot be
                         directly analyzed in wastewater residues).
                         Chemical oxidation specifically includes what
                         is commonly referred to as alkaline
                         chlorination.
CHRED:                  Chemical reduction utilizing the following
                         reducing reagents (or waste reagents) or
                         combinations of reagents: (1) Sulfur dioxide;
                         (2) sodium, potassium, or alkali salts or
                         sulfites, bisulfites, metabisulfites, and
                         polyethylene glycols (e.g., NaPEG and KPEG);
                         (3) sodium hydrosulfide; (4) ferrous salts; and/
                         or (5) other reducing reagents of equivalent
                         efficiency, performed in units operated such
                         that a surrogate compound or indicator
                         parameter has been substantially reduced in
                         concentration in the residuals (e.g., Total
                         Organic Halogens can often be used as an
                         indicator parameter for the reduction of many
                         halogenated organic constituents that cannot be
                         directly analyzed in wastewater residues).
                         Chemical reduction is commonly used for the
                         reduction of hexavalent chromium to the
                         trivalent state.
CMBST:                  High temperature organic destruction
                         technologies, such as combustion in
                         incinerators, boilers, or industrial furnaces
                         operated in accordance with the applicable
                         requirements of 40 CFR part 264, subpart O, or
                         40 CFR part 265, subpart O, or 40 CFR part 266,
                         subpart H, and in other units operated in
                         accordance with applicable technical operating
                         requirements; and certain non-combustive
                         technologies, such as the Catalytic Extraction
                         Process.
DEACT:                  Deactivation to remove the hazardous
                         characteristics of a waste due to its
                         ignitability, corrosivity, and/or reactivity.
FSUBS:                  Fuel substitution in units operated in
                         accordance with applicable technical operating
                         requirements.
HLVIT:                  Vitrification of high level mixed radioactive
                         wastes in units in compliance with all
                         applicable radioactive protection requirements
                         under control of the Nuclear Regulatory
                         Commission.
IMERC:                  Incineration of wastes containing organics and
                         mercury in units operated in accordance with
                         the technical operating requirements of 40 CFR
                         part 264 subpart 0 and part 265 subpart 0. All
                         wastewater and nonwastewater residues derived
                         from this process must then comply with the
                         corresponding treatment standards per waste
                         code with consideration of any applicable
                         subcategories (e.g., High or Low Mercury
                         Subcategories).
INCIN:                  Incineration in units operated in accordance
                         with the technical operating requirements of 40
                         CFR part 264 subpart 0 and part 265 subpart 0.
LLEXT:                  Liquid-liquid extraction (often referred to as
                         solvent extraction) of organics from liquid
                         wastes into an immiscible solvent for which the
                         hazardous constituents have a greater solvent
                         affinity, resulting in an extract high in
                         organics that must undergo either incineration,
                         reuse as a fuel, or other recovery/reuse and a
                         raffinate (extracted liquid waste)
                         proportionately low in organics that must
                         undergo further treatment as specified in the
                         standard.

[[Page 266]]

 
MACRO:                  Macroencapsulation with surface coating
                         materials such as polymeric organics (e.g.,
                         resins and plastics) or with a jacket of inert
                         inorganic materials to substantially reduce
                         surface exposure to potential leaching media.
                         Macroencapsulation specifically does not
                         include any material that would be classified
                         as a tank or container according to 40 CFR
                         260.10.
NEUTR:                  Neutralization with the following reagents (or
                         waste reagents) or combinations of reagents:
                         (1) Acids; (2) bases; or (3) water (including
                         wastewaters) resulting in a pH greater than 2
                         but less than 12.5 as measured in the aqueous
                         residuals.
NLDBR:                  No land disposal based on recycling.
POLYM:                  Formation of complex high-molecular weight
                         solids through polymerization of monomers in
                         high-TOC D001 non-wastewaters which are
                         chemical components in the manufacture of
                         plastics.
PRECP:                  Chemical precipitation of metals and other
                         inorganics as insoluble precipitates of oxides,
                         hydroxides, carbonates, sulfides, sulfates,
                         chlorides, fluorides, or phosphates. The
                         following reagents (or waste reagents) are
                         typically used alone or in combination: (1)
                         Lime (i.e., containing oxides and/or hydroxides
                         of calcium and/or magnesium; (2) caustic (i.e.,
                         sodium and/or potassium hydroxides; (3) soda
                         ash (i.e., sodium carbonate); (4) sodium
                         sulfide; (5) ferric sulfate or ferric chloride;
                         (6) alum; or (7) sodium sulfate. Additional
                         floculating, coagulation or similar reagents/
                         processes that enhance sludge dewatering
                         characteristics are not precluded from use.
RBERY:                  Thermal recovery of Beryllium.
RCGAS:                  Recovery/reuse of compressed gases including
                         techniques such as reprocessing of the gases
                         for reuse/resale; filtering/adsorption of
                         impurities; remixing for direct reuse or
                         resale; and use of the gas as a fuel source.
RCORR:                  Recovery of acids or bases utilizing one or more
                         of the following recovery technologies: (1)
                         Distillation (i.e., thermal concentration); (2)
                         ion exchange; (3) resin or solid adsorption;
                         (4) reverse osmosis; and/or (5) incineration
                         for the recovery of acid--Note: this does not
                         preclude the use of other physical phase
                         separation or concentration techniques such as
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RLEAD:                  Thermal recovery of lead in secondary lead
                         smelters.
RMERC:                  Retorting or roasting in a thermal processing
                         unit capable of volatilizing mercury and
                         subsequently condensing the volatilized mercury
                         for recovery. The retorting or roasting unit
                         (or facility) must be subject to one or more of
                         the following: (a) a National Emissions
                         Standard for Hazardous Air Pollutants (NESHAP)
                         for mercury; (b) a Best Available Control
                         Technology (BACT) or a Lowest Achievable
                         Emission Rate (LAER) standard for mercury
                         imposed pursuant to a Prevention of Significant
                         Deterioration (PSD) permit; or (c) a state
                         permit that establishes emission limitations
                         (within meaning of section 302 of the Clean Air
                         Act) for mercury. All wastewater and
                         nonwastewater residues derived from this
                         process must then comply with the corresponding
                         treatment standards per waste code with
                         consideration of any applicable subcategories
                         (e.g., High or Low Mercury Subcategories).
RMETL:                  Recovery of metals or inorganics utilizing one
                         or more of the following direct physical/
                         removal technologies: (1) Ion exchange; (2)
                         resin or solid (i.e., zeolites) adsorption; (3)
                         reverse osmosis; (4) chelation/solvent
                         extraction; (5) freeze crystalization; (6)
                         ultrafiltration and/or (7) simple precipitation
                         (i.e., crystalization)--Note: This does not
                         preclude the use of other physical phase
                         separation or concentration techniques such as
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RORGS:                  Recovery of organics utilizing one or more of
                         the following technologies: (1) Distillation;
                         (2) thin film evaporation; (3) steam stripping;
                         (4) carbon adsorption; (5) critical fluid
                         extraction; (6) liquid-liquid extraction; (7)
                         precipitation/crystalization (including freeze
                         crystallization); or (8) chemical phase
                         separation techniques (i.e., addition of acids,
                         bases, demulsifiers, or similar chemicals);--
                         Note: this does not preclude the use of other
                         physical phase separation techniques such as a
                         decantation, filtration (including
                         ultrafiltration), and centrifugation, when used
                         in conjunction with the above listed recovery
                         technologies.
RTHRM:                  Thermal recovery of metals or inorganics from
                         nonwastewaters in units identified as
                         industrial furnaces according to 40 CFR 260.10
                         (1), (6), (7), (11), and (12) under the
                         definition of ``industrial furnaces''.
RZINC:                  Resmelting in high temperature metal recovery
                         units for the purpose of recovery of zinc.
STABL:                  Stabilization with the following reagents (or
                         waste reagents) or combinations of reagents:
                         (1) Portland cement; or (2) lime/pozzolans
                         (e.g., fly ash and cement kiln dust)--this does
                         not preclude the addition of reagents (e.g.,
                         iron salts, silicates, and clays) designed to
                         enhance the set/cure time and/or compressive
                         strength, or to overall reduce the leachability
                         of the metal or inorganic.
SSTRP:                  Steam stripping of organics from liquid wastes
                         utilizing direct application of steam to the
                         wastes operated such that liquid and vapor flow
                         rates, as well as temperature and pressure
                         ranges, have been optimized, monitored, and
                         maintained. These operating parameters are
                         dependent upon the design parameters of the
                         unit, such as the number of separation stages
                         and the internal column design, thus, resulting
                         in a condensed extract high in organics that
                         must undergo either incineration, reuse as a
                         fuel, or other recovery/reuse and an extracted
                         wastewater that must undergo further treatment
                         as specified in the standard.
VTD:                    Vacuum thermal desorption of low-level
                         radioactive hazardous mixed waste in units in
                         compliance with all applicable radioactive
                         protection requirements under control of the
                         Nuclear Regulatory Commission.
WETOX:                  Wet air oxidation performed in units operated
                         such that a surrogate compound or indicator
                         parameter has been substantially reduced in
                         concentration in the residuals (e.g., Total
                         Organic Carbon can often be used as an
                         indicator parameter for the oxidation of many
                         organic constituents that cannot be directly
                         analyzed in wastewater residues).

[[Page 267]]

 
WTRRX:                  Controlled reaction with water for highly
                         reactive inorganic or organic chemicals with
                         precautionary controls for protection of
                         workers from potential violent reactions as
                         well as precautionary controls for potential
                         emissions of toxic/ignitable levels of gases
                         released during the reaction.
------------------------------------------------------------------------
Note 1: When a combination of these technologies (i.e., a treatment
  train) is specified as a single treatment standard, the order of
  application is specified in Sec. 268.42, Table 2 by indicating the
  five letter technology code that must be applied first, then the
  designation ``fb.'' (an abbreviation for ``followed by''), then the
  five letter technology code for the technology that must be applied
  next, and so on.
Note 2: When more than one technology (or treatment train) are specified
  as alternative treatment standards, the five letter technology codes
  (or the treatment trains) are separated by a semicolon (;) with the
  last technology preceded by the word ``OR''. This indicates that any
  one of these BDAT technologies or treatment trains can be used for
  compliance with the standard.

    (b) Any person may submit an application to the Administrator 
demonstrating that an alternative treatment method can achieve a measure 
of performance equivalent to that achieved by methods specified in 
paragraphs (a), (c), and (d) of this section for wastes or specified in 
Table 1 of Sec. 268.45 for hazardous debris. The applicant must submit 
information demonstrating that his treatment method is in compliance 
with federal, state, and local requirements and is protective of human 
health and the environment. On the basis of such information and any 
other available information, the Administrator may approve the use of 
the alternative treatment method if he finds that the alternative 
treatment method provides a measure of performance equivalent to that 
achieved by methods specified in paragraphs (a), (c), and (d) of this 
section for wastes or in Table 1 of Sec. 268.45 for hazardous debris. 
Any approval must be stated in writing and may contain such provisions 
and conditions as the Administrator deems appropriate. The person to 
whom such approval is issued must comply with all limitations contained 
in such a determination.
    (c) As an alternative to the otherwise applicable subpart D 
treatment standards, lab packs are eligible for land disposal provided 
the following requirements are met:
    (1) The lab packs comply with the applicable provisions of 40 CFR 
264.316 and 40 CFR 265.316;
    (2) The lab pack does not contain any of the wastes listed in 
Appendix IV to part 268;
    (3) The lab packs are incinerated in accordance with the 
requirements of 40 CFR part 264, subpart O or 40 CFR part 265, subpart 
O; and
    (4) Any incinerator residues from lab packs containing D004, D005, 
D006, D007, D008, D010, and D011 are treated in compliance with the 
applicable treatment standards specified for such wastes in subpart D of 
this part.
    (d) Radioactive hazardous mixed wastes are subject to the treatment 
standards in Sec. 268.40. Where treatment standards are specified for 
radioactive mixed wastes in the Table of Treatment Standards, those 
treatment standards will govern. Where there is no specific treatment 
standard for radioactive mixed waste, the treatment standard for the 
hazardous waste (as designated by EPA waste code) applies. Hazardous 
debris containing radioactive waste is subject to the treatment 
standards specified in Sec. 268.45.

[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8, 1987; 55 
FR 22692, June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR 8089, Mar. 6, 
1992; 57 FR 37273, Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 
31552, June 20, 1994; 59 FR 48103, Sept. 19, 1994; 60 FR 302, Jan. 3, 
1995; 61 FR 15654, Apr. 8, 1996; 62 FR 26025, May 12, 1997; 63 FR 28738, 
May 26, 1998; 71 FR 40278, July 14, 2006; 73 FR 27767, May 14, 2008]



Sec. 268.43  Treatment standards expressed as waste concentrations.

    For the requirements previously found in this section and for 
treatment standards in Table CCW--Constituent Concentrations in Wastes, 
refer to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.44  Variance from a treatment standard.

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

[[Page 268]]

    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.
    (b) Each petition must be submitted in accordance with the 
procedures in Sec. 260.20.
    (c) Each petition must include the following statement signed by the 
petitioner or an authorized representative:

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this petition and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.

    (d) After receiving a petition for variance from a treatment 
standard, the Administrator may request any additional information or 
samples which he may require to evaluate the petition. Additional copies 
of the complete petition may be requested as needed to send to affected 
states and Regional Offices.
    (e) The Administrator will give public notice in the Federal 
Register of the intent to approve or deny a petition and provide an 
opportunity for public comment. The final decision on a variance from a 
treatment standard will be published in the Federal Register.
    (f) A generator, treatment facility, or disposal facility that is 
managing a waste covered by a variance from the treatment standards must 
comply with the waste analysis requirements for restricted wastes found 
under Sec. 268.7.
    (g) During the petition review process, the applicant is required to 
comply with all restrictions on land disposal under this part once the 
effective date for the waste has been reached.
    (h) Based on a petition filed by a generator or treater of hazardous 
waste, the Administrator or his or her delegated representative may 
approve a site-specific variance from an applicable treatment standard 
if:
    (1) It is not physically possible to treat the waste to the level 
specified in the treatment standard, or by the method specified as the 
treatment standard. To show that this is the case, the petitioner must 
demonstrate that because the physical or chemical properties of the 
waste differ significantly from waste analyzed in developing the 
treatment standard, the waste cannot be treated to the specified level 
or by the specified method; or
    (2) It is inappropriate to require the waste to be treated to the 
level specified in the treatment standard or by the method specified as 
the treatment standard, even though such treatment is technically 
possible. To show that this is the case, the petitioner must either 
demonstrate that:
    (i) Treatment to the specified level or by the specified method is 
technically inappropriate (for example, resulting in combustion of large 
amounts of mildly contaminated environmental media where the treatment 
standard is not based on combustion of such media); or
    (ii) For remediation waste only, treatment to the specified level or 
by the specified method is environmentally inappropriate because it 
would likely discourage aggressive remediation.

[[Page 269]]

    (3) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) the concentrations necessary to minimize short- and long-term 
threats to human health and the environment. Treatment variances 
approved under this paragraph must:
    (i) At a minimum, impose alternative land disposal restriction 
treatment standards that, using a reasonable maximum exposure scenario:
    (A) For carcinogens, achieve constituent concentrations that result 
in the total excess risk to an individual exposed over a lifetime 
generally falling within a range from 10 -4 to 10 
-6; and
    (B) For constituents with non-carcinogenic effects, achieve 
constituent concentrations that an individual could be exposed to on a 
daily basis without appreciable risk of deleterious effect during a 
lifetime.
    (ii) Not consider post-land-disposal controls.
    (4) For contaminated soil only, treatment to the level or by the 
method specified in the soil treatment standards would result in 
concentrations of hazardous constituents that are below (i.e., lower 
than) natural background concentrations at the site where the 
contaminated soil will land disposed.
    (5) Public notice and a reasonable opportunity for public comment 
must be provided before granting or denying a petition.
    (i) Each application for a site-specific variance from a treatment 
standard must include the information in Sec. 260.20(b)(1)-(4);
    (j) After receiving an application for a site-specific variance from 
a treatment standard, the Assistant Administrator, or his delegated 
representative, may request any additional information or samples which 
may be required to evaluate the application.
    (k) A generator, treatment facility, or disposal facility that is 
managing a waste covered by a site-specific variance from a treatment 
standard must comply with the waste analysis requirements for restricted 
wastes found under Sec. 268.7.
    (l) During the application review process, the applicant for a site-
specific variance must comply with all restrictions on land disposal 
under this part once the effective date for the waste has been reached.
    (m) For all variances, the petitioner must also demonstrate that 
compliance with any given treatment variance is sufficient to minimize 
threats to human health and the environment posed by land disposal of 
the waste. In evaluating this demonstration, EPA may take into account 
whether a treatment variance should be approved if the subject waste is 
to be used in a manner constituting disposal pursuant to 40 CFR 266.20 
through 266.23.
    (n) [Reserved]
    (o) The following facilities are excluded from the treatment 
standards under Sec. 268.40, and are subject to the following 
constituent concentrations:

                                         Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Wastewaters               Nonwastewaters
                                                                             Regulated hazardous -------------------------------------------------------
   Facility name \1\ and address       Waste code           See also             constituent      Concentration               Concentration
                                                                                                      (mg/l)        Notes        (mg/kg)        Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Craftsman Plating and Tinning,      F006              Table CCWE in 268.40  Cyanides (Total)....         1.2     (\2\)               1800    (\4\)
 Corp., Chicago, IL.
                                    ................                        Cyanides (Amenable).          .86    (\2\ and              30    (\4\)
                                                                                                                  \3\)
                                    ................                        Cadmium.............         1.6     ...........           NA    ...........
                                    ................                        Chromium............          .32    ...........           NA    ...........
                                    ................                        Lead................          .040   ...........           NA    ...........
                                    ................                        Nickel..............          .44    ...........           NA    ...........
CWM Chemical Services, LLC, Model   K088\9\           Standards under Sec. Arsenic.............         1.4     NA           5.0 mg/L TCLP  NA
 City, New York.                                         268.40.

[[Page 270]]

 
DuPont Environmental Treatment      F039              Standards under Sec. 1,3-phenylenediamine        NA       NA           CMBST; CHOXD   (\13\)
 Chambers Works, Deepwater, NJ.                          268.40.             1,3-PDA.                                         fb BIODG or
                                                                                                                                CARBN; or
                                                                                                                                 BIODG fb
                                                                                                                                    CARBN
Dupont Environmental Treatment--    K088              Standards under Sec. Arsenic.............         1.4     NA           5.0 mg/L TCLP  NA
 Chambers Works Wastewater                               268.40.
 Treatment Plant, Deepwater, NJ
 \8\.
EnergySolutions LLC, Clive, UT      P- and U-listed   Standards under       NA..................        NA       NA           CMBST or VTD   NA
 (\14\).                             hazardous waste   268.40.
                                     requiring CMBST
Guardian Industries Jefferson       D010 Standards    Selenium............  NA..................        NA       11 mg/L               NA
 Hills, PA (6), (11), and (12).      under 268.40                                                                 TCLP
Owens Brockway Glass Container      D010              Standards under Sec. Selenium............        NA       NA           51 mg/L TCLP   (\15\)
 Company, Vernon, CA \6\.                                268.40.
Owens Brockway Glass Container      D010              Standards under Sec. Selenium............        NA       NA           59 mg/L TCLP   (\16\)
 Company, Vernon, CA \6\.                                268.40.
Northwestern Plating Works, Inc.,   F006              Table CCWE in 268.40  Cyanides (Total)....         1.2     (\2\ and             970    (\4\)
 Chicago, IL.                                                                                                     \3\)
                                    ................                        Cyanides (Amenable).          .86    (\2\)                 30    (\4\)
                                    ................                        Cadmium.............         1.6     ...........           NA    ...........
                                    ................                        Chromium............          .32    ...........           NA    ...........
                                    ................                        Lead................          .040   ...........           NA    ...........
                                    ................                        Nickel..............          .44    ...........           NA    ...........
St. Gobain Containers, El Monte,    D010              Standards under Sec. Selenium............        NA       NA           25 mg/L TCLP   NA
 CA \5 7\.                                               268.40.
U.S. Ecology Idaho, Incorporated,   K088\10\          Standards under Sec. Arsenic.............         1.4     NA           5.0 mg/L TCLP  NA
 Grandview, Idaho.                                       268.40.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(\1\)--A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
(\2\)--Cyanide Wastewater Standards for F006 are based on analysis of composite samples.
(\3\)--These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline chlorination system. These facilities
  must also comply with 40 CFR Sec. 268.7.a.4 for appropriate monitoring frequency consistent with the facilities' waste analysis plan.
(\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 9010C or 9012B, as incorporated by reference in Sec. 260.11 of this chapter, sample
  size 10 grams, distillation time, 1 hour and 15 minutes.
(\5\)--Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes.
(\6\)--Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations.
\7\ D010 wastes generated by this facility must be treated by Chemical Waste Management, Inc. at its Kettleman Hills facility in Kettleman City,
  California.
(\8\)--Dupont Environmental Treatment-Chambers Works must dispose of this waste in their on-site Subtitle C hazardous waste landfill.
(\9\)--This treatment standard applies only to K088-derived bag house dust, incinerator ash, and filtercake at this facility.
(\10\)--This treatment standard applies only to K088-derived air emission control dust generated by this facility.
(\11\)--D010 wastes generated by this facility may be treated by Heritage Environmental Services, LLC at their RCRA permitted treatment facility in
  Indianapolis, Indiana or by Chemical Waste Management, Chemical Services Inc. at their RCRA permitted treatment facility in Model City, New York.
(\12\)--D010 waste generated by this facility may be treated by Chemical Waste Management, Chemical Services, LLC. at their treatment facility in Model
  City, New York.
(\13\)--This treatment standard applies to 1,3-PDA in biosludge from treatment of F039.
(\14\)--This site-specific treatment variance applies only to solid treatment residue resulting from the vacuum thermal desorption (VTD) of P- and U-
  listed hazardous waste containing radioactive contamination (``mixed waste'') at the EnergySolutions' LLC facility in Clive, Utah that otherwise
  requires CMBST as the LDR treatment standard. Once the P- and U-listed mixed waste are treated using VTD, the solid treatment residue can be land
  disposed at EnergySolutions' onsite RCRA permitted mixed waste landfill without further treatment. This treatment variance is conditioned on
  EnergySolutions complying with a Waste Family Demonstration Testing Plan specifically addressing the treatment of these P- and U-listed wastes, with
  this plan being implemented through a RCRA Part B permit modification for the VTD unit.
\15\ This alternative standard applies only to D010 wastes generated by this facility and treated by Chemical Waste Management, Inc. at its Kettleman
  Hills facility in Kettleman City, California.

[[Page 271]]

 
\16\ This alternative standard applies only to D010 wastes generated by this
facility and treated by U.S. Ecology Nevada at its facility in Beatty,
  Nevada. This alternative treatment standard is conditioned on the 
  waste-to-reagent ratio not exceeding 1 to 0.45.
 
Note: NA means Not Applicable.


[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 
FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 
25, 1991; 61 FR 55727, Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 
64509, Dec. 5, 1997; 63 FR 28738, May 26, 1998; 64 FR 28391, May 26, 
1999; 66 FR 33890, June 26, 2001; 67 FR 35928, May 22, 2002; 67 FR 
36818, May 28, 2002; 69 FR 6575, Feb. 11, 2004; 69 FR 67653, Nov. 19, 
2004; 70 FR 34589, June 14, 2005; 70 FR 44511, Aug. 3, 2005; 71 FR 6212, 
Feb. 7, 2006; 71 FR 40279, July 14, 2006; 73 FR 27767, May 14, 2008; 77 
FR 50626, Aug. 22, 2012]



Sec. 268.45  Treatment standards for hazardous debris.

    (a) Treatment standards. Hazardous debris must be treated prior to 
land disposal as follows unless EPA determines under Sec. 261.3(f)(2) 
of this chapter that the debris is no longer contaminated with hazardous 
waste or the debris is treated to the waste-specific treatment standard 
provided in this subpart for the waste contaminating the debris:
    (1) General. Hazardous debris must be treated for each ``contaminant 
subject to treatment'' defined by paragraph (b) of this section using 
the technology or technologies identified in Table 1 of this section.
    (2) Characteristic debris. Hazardous debris that exhibits the 
characteristic of ignitability, corrosivity, or reactivity identified 
under Sec. Sec. 261.21, 261.22, and 261.23 of this chapter, 
respectively, must be deactivated by treatment using one of the 
technologies identified in Table 1 of this section.
    (3) Mixtures of debris types. The treatment standards of Table 1 in 
this section must be achieved for each type of debris contained in a 
mixture of debris types. If an immobilization technology is used in a 
treatment train, it must be the last treatment technology used.
    (4) Mixtures of contaminant types. Debris that is contaminated with 
two or more contaminants subject to treatment identified under paragraph 
(b) of this section must be treated for each contaminant using one or 
more treatment technologies identified in Table 1 of this section. If an 
immobilization technology is used in a treatment train, it must be the 
last treatment technology used.
    (5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 
CFR part 761 is subject to the requirements of either 40 CFR part 761 or 
the requirements of this section, whichever are more stringent.
    (b) Contaminants subject to treatment. Hazardous debris must be 
treated for each ``contaminant subject to treatment.'' The contaminants 
subject to treatment must be determined as follows:
    (1) Toxicity characteristic debris. The contaminants subject to 
treatment for debris that exhibits the Toxicity Characteristic (TC) by 
Sec. 261.24 of this chapter are those EP constituents for which the 
debris exhibits the TC toxicity characteristic.
    (2) Debris contaminated with listed waste. The contaminants subject 
to treatment for debris that is contaminated with a prohibited listed 
hazardous waste are those constituents or wastes for which treatment 
standards are established for the waste under Sec. 268.40.
    (3) Cyanide reactive debris. Hazardous debris that is reactive 
because of cyanide must be treated for cyanide.
    (c) Conditioned exclusion of treated debris. Hazardous debris that 
has been treated using one of the specified extraction or destruction 
technologies in Table 1 of this section and that does not exhibit a 
characteristic of hazardous waste identified under subpart C, part 261, 
of this chapter after treatment is not a hazardous waste and need not be 
managed in a subtitle C facility. Hazardous debris contaminated with a 
listed waste that is treated by an immobilization technology specified 
in Table 1 is a hazardous waste and must be managed in a subtitle C 
facility.
    (d) Treatment residuals--(1) General requirements. Except as 
provided by paragraphs (d)(2) and (d)(4) of this section:
    (i) Residue from the treatment of hazardous debris must be separated 
from the treated debris using simple physical or mechanical means; and

[[Page 272]]

    (ii) Residue from the treatment of hazardous debris is subject to 
the waste-specific treatment standards provided by subpart D of this 
part for the waste contaminating the debris.
    (2) Nontoxic debris. Residue from the deactivation of ignitable, 
corrosive, or reactive characteristic hazardous debris (other than 
cyanide-reactive) that is not contaminated with a contaminant subject to 
treatment defined by paragraph (b) of this section, must be deactivated 
prior to land disposal and is not subject to the waste-specific 
treatment standards of subpart D of this part.
    (3) Cyanide-reactive debris. Residue from the treatment of debris 
that is reactive because of cyanide must meet the treatment standards 
for D003 in ``Treatment Standards for Hazardous Wastes'' at Sec. 
268.40.
    (4) Ignitable nonwastewater residue. Ignitable nonwastewaster 
residue containing equal to or greater than 10% total organic carbon is 
subject to the technology specified in the treatment standard for D001: 
Ignitable Liquids.
    (5) Residue from spalling. Layers of debris removed by spalling are 
hazardous debris that remain subject to the treatment standards of this 
section.

    Table 1--Alternative Treatment Standards For Hazardous Debris \1\
------------------------------------------------------------------------
                               Performance and/or
   Technology description     design and operating       Contaminant
                                    standard          restrictions \2\
------------------------------------------------------------------------
A. Extraction Technologies:
  1. Physical Extraction
  a. Abrasive Blasting:       Glass, Metal,         All Debris: None.
   Removal of contaminated     Plastic, Rubber:
   debris surface layers       Treatment to a
   using water and/or air      clean debris
   pressure to propel a        surface.\3\.
   solid media (e.g., steel   Brick, Cloth,
   shot, aluminum oxide        Concrete, Paper,
   grit, plastic beads).       Pavement, Rock,
                               Wood: Removal of at
                               least 0.6 cm of the
                               surface layer;
                               treatment to a
                               clean debris
                               surface.\3\.
  b. Scarification,           Same as above.......  Same as above.
   Grinding, and Planing:
   Process utilizing
   striking piston heads,
   saws, or rotating
   grinding wheels such that
   contaminated debris
   surface layers are
   removed.
  c. Spalling: Drilling or    Same as above.......  Same as above.
   chipping holes at
   appropriate locations and
   depth in the contaminated
   debris surface and
   applying a tool which
   exerts a force on the
   sides of those holes such
   that the surface layer is
   removed. The surface
   layer removed remains
   hazardous debris subject
   to the debris treatment
   standards.
  d. Vibratory Finishing:     Same as above.......  Same as above.
   Process utilizing
   scrubbing media, flushing
   fluid, and oscillating
   energy such that
   hazardous contaminants or
   contaminated debris
   surface layers are
   removed.\4\
  e. High Pressure Steam and  Same as above.......  Same as above.
   Water Sprays: Application
   of water or steam sprays
   of sufficient
   temperature, pressure,
   residence time,
   agitation, surfactants,
   and detergents to remove
   hazardous contaminants
   from debris surfaces or
   to remove contaminated
   debris surface layers.
  2. Chemical Extraction
  a. Water Washing and        All Debris:           Brick, Cloth,
   Spraying: Application of    Treatment to a        Concrete, Paper,
   water sprays or water       clean debris          Pavement, Rock,
   baths of sufficient         surface \3\;          Wood: Contaminant
   temperature, pressure,     Brick, Cloth,          must be soluble to
   residence time,             Concrete, Paper,      at least 5% by
   agitation, surfactants,     Pavement, Rock,       weight in water
   acids, bases, and           Wood: Debris must     solution or 5% by
   detergents to remove        be no more than 1.2   weight in emulsion;
   hazardous contaminants      cm (\1/2\ inch) in    if debris is
   from debris surfaces and    one dimension         contaminated with a
   surface pores or to         (i.e., thickness      dioxin-listed
   remove contaminated         limit,\5\ except      waste,\6\ an
   debris surface layers.      that this thickness   ``Equivalent
                               limit may be waived   Technology''
                               under an              approval under Sec.
                               ``Equivalent            268.42(b) must be
                               Technology''          obtained.\8\
                               approval under Sec.
                                 268.42(b);\8\
                               debris surfaces
                               must be in contact
                               with water solution
                               for at least 15
                               minutes.

[[Page 273]]

 
  b. Liquid Phase Solvent     Same as above.......  Brick, Cloth,
   Extraction: Removal of                            Concrete, Paper,
   hazardous contaminants                            Pavement, Rock,
   from debris surfaces and                          Wood: Same as
   surface pores by applying                         above, except that
   a nonaqueous liquid or                            contaminant must be
   liquid solution which                             soluble to at least
   causes the hazardous                              5% by weight in the
   contaminants to enter the                         solvent.
   liquid phase and be
   flushed away from the
   debris along with the
   liquid or liquid solution
   while using appropriate
   agitation, temperature,
   and residence time.\4\
  c. Vapor Phase Solvent      Same as above,        Same as above.
   Extraction: Application     except that brick,
   of an organic vapor using   cloth, concrete,
   sufficient agitation,       paper, pavement,
   residence time, and         rock and wood
   temperature to cause        surfaces must be in
   hazardous contaminants on   contact with the
   contaminated debris         organic vapor for
   surfaces and surface        at least 60 minutes.
   pores to enter the vapor
   phase and be flushed away
   with the organic
   vapor.\4\
  3. Thermal Extraction
  a. High Temperature Metals  For refining          Debris contaminated
   Recovery: Application of    furnaces, treated     with a dioxin-
   sufficient heat,            debris must be        listed waste:\5\
   residence time, mixing,     separated from        Obtain an
   fluxing agents, and/or      treatment residuals   ``Equivalent
   carbon in a smelting,       using simple          Technology''
   melting, or refining        physical or           approval under Sec.
   furnace to separate         mechanical              268.42(b).\8\
   metals from debris.         means,\9\ and,
                               prior to further
                               treatment, such
                               residuals must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
  b. Thermal Desorption:      All Debris: Obtain    All Debris: Metals
   Heating in an enclosed      an ``Equivalent       other than mercury.
   chamber under either        Technology''
   oxidizing or nonoxidizing   approval under Sec.
   atmospheres at sufficient     268.42(b);\8\
   temperature and residence   treated debris must
   time to vaporize            be separated from
   hazardous contaminants      treatment residuals
   from contaminated           using simple
   surfaces and surface        physical or
   pores and to remove the     mechanical
   contaminants from the       means,\9\ and,
   heating chamber in a        prior to further
   gaseous exhaust gas.\7\     treatment, such
                               residue must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
                              Brick, Cloth,
                               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 10
                               cm (4 inches) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.
B. Destruction Technologies:
  1. Biological Destruction   All Debris: Obtain    All Debris: Metal
   (Biodegradation): Removal   an ``Equivalent       contaminants.
   of hazardous contaminants   Technology''
   from debris surfaces and    approval under Sec.
   surface pores in an           268.42(b);\8\
   aqueous solution and        treated debris must
   biodegradation of organic   be separated from
   or nonmetallic inorganic    treatment residuals
   compounds (i.e.,            using simple
   inorganics that contain     physical or
   phosphorus, nitrogen, or    mechanical
   sulfur) in units operated   means,\9\ and,
   under either aerobic or     prior to further
   anaerobic conditions.       treatment, such
                               residue must meet
                               the waste-specific
                               treatment standards
                               for organic
                               compounds in the
                               waste contaminating
                               the debris.
                              Brick, Cloth,
                               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 1.2
                               cm (\1/2\ inch) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.

[[Page 274]]

 
  2. Chemical Destruction
  a. Chemical Oxidation:      All Debris: Obtain    All Debris: Metal
   Chemical or electrolytic    an ``Equivalent       contaminants.
   oxidation utilizing the     Technology''
   following oxidation         approval under Sec.
   reagents (or waste            268.42(b);\8\
   reagents) or combination    treated debris must
   of reagents--(1)            be separated from
   hypochlorite (e.g.,         treatment residuals
   bleach); (2) chlorine;      using simple
   (3) chlorine dioxide; (4)   physical or
   ozone or UV (ultraviolet    mechanical
   light) assisted ozone;      means,\9\ and,
   (5) peroxides; (6)          prior to further
   persulfates; (7)            treatment, such
   perchlorates; (8)           residue must meet
   permanganates; and/or (9)   the waste-specific
   other oxidizing reagents    treatment standards
   of equivalent destruction   for organic
   efficiency.\4\ Chemical     compounds in the
   oxidation specifically      waste contaminating
   includes what is referred   the debris.
   to as alkaline             Brick, Cloth,
   chlorination.               Concrete, Paper,
                               Pavement, Rock,
                               Wood: Debris must
                               be no more than 1.2
                               cm (\1/2\ inch) in
                               one dimension
                               (i.e., thickness
                               limit),\5\ except
                               that this thickness
                               limit may be waived
                               under the
                               ``Equivalent
                               Technology''
                               approval.
  b. Chemical Reduction:      Same as above.......  Same as above.
   Chemical reaction
   utilizing the following
   reducing reagents (or
   waste reagents) or
   combination of reagents:
   (1) sulfur dioxide; (2)
   sodium, potassium, or
   alkali salts of sulfites,
   bisulfites, and
   metabisulfites, and
   polyethylene glycols
   (e.g., NaPEG and KPEG);
   (3) sodium hydrosulfide;
   (4) ferrous salts; and/or
   (5) other reducing
   reagents of equivalent
   efficiency.\4\
  3. Thermal Destruction:     Treated debris must   Brick, Concrete,
   Treatment in an             be separated from     Glass, Metal,
   incinerator operating in    treatment residuals   Pavement, Rock,
   accordance with Subpart O   using simple          Metal: Metals other
   of Parts 264 or 265 of      physical or           than mercury,
   this chapter; a boiler or   mechanical            except that there
   industrial furnace          means,\9\ and,        are no metal
   operating in accordance     prior to further      restrictions for
   with Subpart H of Part      treatment, such       vitrification.
   266 of this chapter, or     residue must meet    Debris contaminated
   other thermal treatment     the waste-specific    with a dioxin-
   unit operated in            treatment standards   listed waste.\6\
   accordance with Subpart     for organic           Obtain an
   X, Part 264 of this         compounds in the      ``Equivalent
   chapter, or Subpart P,      waste contaminating   Technology''
   Part 265 of this chapter,   the debris.           approval under Sec.
   but excluding for                                   268.42(b),\8\
   purposes of these debris                          except that this
   treatment standards                               requirement does
   Thermal Desorption units.                         not apply to
                                                     vitrification.
C. Immobilization
 Technologies:
  1. Macroencapsulation:      Encapsulating         None.
   Application of surface      material must
   coating materials such as   completely
   polymeric organics (e.g.,   encapsulate debris
   resins and plastics) or     and be resistant to
   use of a jacket of inert    degradation by the
   inorganic materials to      debris and its
   substantially reduce        contaminants and
   surface exposure to         materials into
   potential leaching media.   which it may come
                               into contact after
                               placement
                               (leachate, other
                               waste, microbes).
  2. Microencapsulation:      Leachability of the   None.
   Stabilization of the        hazardous
   debris with the following   contaminants must
   reagents (or waste          be reduced.
   reagents) such that the
   leachability of the
   hazardous contaminants is
   reduced: (1) Portland
   cement; or (2) lime/
   pozzolans (e.g., fly ash
   and cement kiln dust).
   Reagents (e.g., iron
   salts, silicates, and
   clays) may be added to
   enhance the set/cure time
   and/or compressive
   strength, or to reduce
   the leachability of the
   hazardous
   constituents.\5\

[[Page 275]]

 
  3. Sealing: Application of  Sealing must avoid    None.
   an appropriate material     exposure of the
   which adheres tightly to    debris surface to
   the debris surface to       potential leaching
   avoid exposure of the       media and sealant
   surface to potential        must be resistent
   leaching media. When        to degradation by
   necessary to effectively    the debris and its
   seal the surface, sealing   contaminants and
   entails pretreatment of     materials into
   the debris surface to       which it may come
   remove foreign matter and   into contact after
   to clean and roughen the    placement
   surface. Sealing            (leachate, other
   materials include epoxy,    waste, microbes).
   silicone, and urethane
   compounds, but paint may
   not be used as a sealant.
------------------------------------------------------------------------
\1\ Hazardous debris must be treated by either these standards or the
  waste-specific treatment standards for the waste contaminating the
  debris. The treatment standards must be met for each type of debris
  contained in a mixture of debris types, unless the debris is converted
  into treatment residue as a result of the treatment process. Debris
  treatment residuals are subject to the waste-specific treatment
  standards for the waste contaminating the debris.
\2\ Contaminant restriction means that the technology is not BDAT for
  that contaminant. If debris containing a restricted contaminant is
  treated by the technology, the contaminant must be subsequently
  treated by a technology for which it is not restricted in order to be
  land disposed (and excluded from Subtitle C regulation).
\3\ ``Clean debris surface'' means the surface, when viewed without
  magnification, shall be free of all visible contaminated soil and
  hazardous waste except that residual staining from soil and waste
  consisting of light shadows, slight streaks, or minor discolorations,
  and soil and waste in cracks, crevices, and pits may be present
  provided that such staining and waste and soil in cracks, crevices,
  and pits shall be limited to no more than 5% of each square inch of
  surface area.
\4\ Acids, solvents, and chemical reagents may react with some debris
  and contaminants to form hazardous compounds. For example, acid
  washing of cyanide-contaminated debris could result in the formation
  of hydrogen cyanide. Some acids may also react violently with some
  debris and contaminants, depending on the concentration of the acid
  and the type of debris and contaminants. Debris treaters should refer
  to the safety precautions specified in Material Safety Data Sheets for
  various acids to avoid applying an incompatible acid to a particular
  debris/contaminant combination. For example, concentrated sulfuric
  acid may react violently with certain organic compounds, such as
  acrylonitrile.
\5\ If reducing the particle size of debris to meet the treatment
  standards results in material that no longer meets the 60 mm minimum
  particle size limit for debris, such material is subject to the waste-
  specific treatment standards for the waste contaminating the material,
  unless the debris has been cleaned and separated from contaminated
  soil and waste prior to size reduction. At a minimum, simple physical
  or mechanical means must be used to provide such cleaning and
  separation of nondebris materials to ensure that the debris surface is
  free of caked soil, waste, or other nondebris material.
\6\ Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21,
  FO22, FO23, FO26, and FO27.
\7\ Thermal desorption is distinguished from Thermal Destruction in that
  the primary purpose of Thermal Desorption is to volatilize
  contaminants and to remove them from the treatment chamber for
  subsequent destruction or other treatment.
\8\ The demonstration ``Equivalent Technology'' under Sec. 268.42(b)
  must document that the technology treats contaminants subject to
  treatment to a level equivalent to that required by the performance
  and design and operating standards for other technologies in this
  table such that residual levels of hazardous contaminants will not
  pose a hazard to human health and the environment absent management
  controls.
\9\ Any soil, waste, and other nondebris material that remains on the
  debris surface (or remains mixed with the debris) after treatment is
  considered a treatment residual that must be separated from the debris
  using, at a minimum, simple physical or mechanical means. Examples of
  simple physical or mechanical means are vibratory or trommel screening
  or water washing. The debris surface need not be cleaned to a ``clean
  debris surface'' as defined in note 3 when separating treated debris
  from residue; rather, the surface must be free of caked soil, waste,
  or other nondebris material. Treatment residuals are subject to the
  waste-specific treatment standards for the waste contaminating the
  debris.


[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 
63 FR 28738, May 26, 1998; 71 FR 40279, July 14, 2006]



Sec. 268.46  Alternative treatment standards based on HTMR.

    For the treatment standards previously found in this section, refer 
to Sec. 268.40.

[59 FR 48103, Sept. 19, 1994]



Sec. 268.48  Universal treatment standards.

    (a) Table UTS identifies the hazardous constituents, along with the 
nonwastewater and wastewater treatment standard levels, that are used to 
regulate most prohibited hazardous wastes with numerical limits. For 
determining compliance with treatment standards for underlying hazardous 
constituents as defined in Sec. 268.2(i), these treatment standards may 
not be exceeded. Compliance with these treatment standards is measured 
by an analysis of grab samples, unless otherwise noted in the following 
Table UTS.

[[Page 276]]



                      Universal Treatment Standards
                     [Note: NA means not applicable]
------------------------------------------------------------------------
                                        Wastewater       Nonwastewater
                                         standard           standard
    Regulated                       ------------------------------------
   constituent      CAS \1\ number                     Concentration \3\
   common name                         Concentration    in mg/kg unless
                                        \2\ in mg/l     noted as ``mg/l
                                                             TCLP''
------------------------------------------------------------------------
Organic
 Constituents
------------------------------------------------------------------------
Acenaphthylene            208-96-8             0.059                3.4
------------------------------------------------------------------------
Acenaphthene               83-32-9             0.059                3.4
------------------------------------------------------------------------
Acetone                    67-64-1              0.28                160
------------------------------------------------------------------------
Acetonitrile               75-05-8               5.6                 38
------------------------------------------------------------------------
Acetophenone               96-86-2             0.010                9.7
------------------------------------------------------------------------
2-                         53-96-3             0.059                140
 Acetylaminofluor
 ene
------------------------------------------------------------------------
Acrolein                  107-02-8              0.29                 NA
------------------------------------------------------------------------
Acrylamide                 79-06-1                19                 23
------------------------------------------------------------------------
Acrylonitrile             107-13-1              0.24                 84
------------------------------------------------------------------------
Aldrin                    309-00-2             0.021              0.066
------------------------------------------------------------------------
4-Aminobiphenyl            92-67-1              0.13                 NA
------------------------------------------------------------------------
Aniline                    62-53-3              0.81                 14
------------------------------------------------------------------------
o-Anisidine (2-            90-04-0             0.010               0.66
 methoxyaniline)
------------------------------------------------------------------------
Anthracene                120-12-7             0.059                3.4
------------------------------------------------------------------------
Aramite                   140-57-8              0.36                 NA
------------------------------------------------------------------------
alpha-BHC                 319-84-6           0.00014              0.066
------------------------------------------------------------------------
beta-BHC                  319-85-7           0.00014              0.066
------------------------------------------------------------------------
delta-BHC                 319-86-8             0.023              0.066
------------------------------------------------------------------------
gamma-BHC                  58-89-9            0.0017              0.066
------------------------------------------------------------------------
Benzene                    71-43-2              0.14                 10
------------------------------------------------------------------------
Benz(a)anthracene          56-55-3             0.059                3.4
------------------------------------------------------------------------
Benzal chloride            98-87-3             0.055                6.0
------------------------------------------------------------------------
Benzo(b)fluoranth         205-99-2              0.11                6.8
 ene (difficult
 to distinguish
 from
 benzo(k)fluorant
 hene)
------------------------------------------------------------------------
Benzo(k)fluoranth         207-08-9              0.11                6.8
 ene (difficult
 to distinguish
 from
 benzo(b)fluorant
 hene)
------------------------------------------------------------------------
Benzo(g,h,i)peryl         191-24-2            0.0055                1.8
 ene
------------------------------------------------------------------------
Benzo(a)pyrene             50-32-8             0.061                3.4
------------------------------------------------------------------------
Bromodichlorometh          75-27-4              0.35                 15
 ane
------------------------------------------------------------------------
Bromomethane/              74-83-9              0.11                 15
 Methyl bromide
------------------------------------------------------------------------
4-Bromophenyl             101-55-3             0.055                 15
 phenyl ether
------------------------------------------------------------------------
n-Butyl alcohol            71-36-3               5.6                2.6
------------------------------------------------------------------------
Butyl benzyl               85-68-7             0.017                 28
 phthalate
------------------------------------------------------------------------
2-sec-Butyl-4,6-           88-85-7             0.066                2.5
 dinitrophenol/
 Dinoseb
------------------------------------------------------------------------
Carbon disulfide           75-15-0               3.8         4.8 mg/l TCLP
------------------------------------------------------------------------

[[Page 277]]

 
Carbon                     56-23-5             0.057                6.0
 tetrachloride
------------------------------------------------------------------------
Chlordane (alpha           57-74-9            0.0033               0.26
 and gamma
 isomers)
------------------------------------------------------------------------
p-Chloroaniline           106-47-8              0.46                 16
------------------------------------------------------------------------
Chlorobenzene             108-90-7             0.057                6.0
------------------------------------------------------------------------
Chlorobenzilate           510-15-6              0.10                 NA
------------------------------------------------------------------------
2-Chloro-1,3-             126-99-8             0.057               0.28
 butadiene
------------------------------------------------------------------------
Chlorodibromometh         124-48-1             0.057                 15
 ane
------------------------------------------------------------------------
Chloroethane               75-00-3              0.27                6.0
------------------------------------------------------------------------
bis(2-                    111-91-1             0.036                7.2
 Chloroethoxy)met
 hane
------------------------------------------------------------------------
bis(2-                    111-44-4             0.033                6.0
 Chloroethyl)ethe
 r
------------------------------------------------------------------------
Chloroform                 67-66-3             0.046                6.0
------------------------------------------------------------------------
bis(2-                  39638-32-9             0.055                7.2
 Chloroisopropyl)
 ether
------------------------------------------------------------------------
p-Chloro-m-cresol          59-50-7             0.018                 14
------------------------------------------------------------------------
2-Chloroethyl             110-75-8             0.062                 NA
 vinyl ether
------------------------------------------------------------------------
Chloromethane/             74-87-3              0.19                 30
 Methyl chloride
------------------------------------------------------------------------
2-                         91-58-7             0.055                5.6
 Chloronaphthalen
 e
------------------------------------------------------------------------
2-Chloropchenol            95-57-8             0.044                5.7
------------------------------------------------------------------------
3-Chloropropylene         107-05-1             0.036                 30
------------------------------------------------------------------------
Chrysene                  218-01-9             0.059                3.4
------------------------------------------------------------------------
p-Cresidine               120-71-8             0.010               0.66
------------------------------------------------------------------------
o-Cresol                   95-48-7              0.11                5.6
------------------------------------------------------------------------
m-Cresol                  108-39-4              0.77                5.6
 (difficult to
 distinguish from
 p-cresol)
------------------------------------------------------------------------
p-Cresol                  106-44-5              0.77                5.6
 (difficult to
 distinguish from
 m-cresol)
------------------------------------------------------------------------
Cyclohexanone             108-94-1              0.36        0.75 mg/l TCLP
------------------------------------------------------------------------
o,p'-DDD                   53-19-0             0.023              0.087
------------------------------------------------------------------------
p,p'-DDD                   72-54-8             0.023              0.087
------------------------------------------------------------------------
o,p'-DDE                 3424-82-6             0.031              0.087
------------------------------------------------------------------------
p,p'-DDE                   72-55-9             0.031              0.087
------------------------------------------------------------------------
o,p'-DDT                  789-02-6            0.0039              0.087
------------------------------------------------------------------------
p,p'-DDT                   50-29-3            0.0039              0.087
------------------------------------------------------------------------
Dibenz(a,h)anthra          53-70-3             0.055                8.2
 cene
------------------------------------------------------------------------
Dibenz(a,e)pyrene         192-65-4             0.061                 NA
------------------------------------------------------------------------
1,2-Dibromo-3-             96-12-8              0.11                 15
 chloropropane
------------------------------------------------------------------------
1,2-Dibromoethane/        106-93-4             0.028                 15
 Ethylene
 dibromide
------------------------------------------------------------------------

[[Page 278]]

 
Dibromomethane             74-95-3              0.11                 15
------------------------------------------------------------------------
m-Dichlorobenzene         541-73-1             0.036                6.0
------------------------------------------------------------------------
o-Dichlorobenzene          95-50-1             0.088                6.0
------------------------------------------------------------------------
p-Dichlorobenzene         106-46-7             0.090                6.0
------------------------------------------------------------------------
Dichlorodifluorom          75-71-8              0.23                7.2
 ethane
------------------------------------------------------------------------
1,1-                       75-34-3             0.059                6.0
 Dichloroethane
------------------------------------------------------------------------
1,2-                      107-06-2              0.21                6.0
 Dichloroethane
------------------------------------------------------------------------
1,1-                       75-35-4             0.025                6.0
 Dichloroethylene
------------------------------------------------------------------------
trans-1,2-                156-60-5             0.054                 30
 Dichloroethylene
------------------------------------------------------------------------
2,4-                      120-83-2             0.044                 14
 Dichlorophenol
------------------------------------------------------------------------
2,6-                       87-65-0             0.044                 14
 Dichlorophenol
------------------------------------------------------------------------
2,4-                       94-75-7              0.72                 10
 Dichlorophenoxya
 cetic acid/2,4-D
------------------------------------------------------------------------
1,2-                       78-87-5              0.85                 18
 Dichloropropane
------------------------------------------------------------------------
cis-1,3-                10061-01-5             0.036                 18
 Dichloropropylen
 e
------------------------------------------------------------------------
trans-1,3-              10061-02-6             0.036                 18
 Dichloropropylen
 e
------------------------------------------------------------------------
Dieldrin                   60-57-1             0.017               0.13
------------------------------------------------------------------------
Diethyl phthalate          84-66-2              0.20                 28
------------------------------------------------------------------------
p-                         60-11-7              0.13                 NA
 Dimethylaminoazo
 benzene
------------------------------------------------------------------------
2,4-                       95-68-1             0.010               0.66
 Dimethylaniline
 (2,4-xylidine)
------------------------------------------------------------------------
2,4-Dimethyl              105-67-9             0.036                 14
 phenol
------------------------------------------------------------------------
Dimethyl                  131-11-3             0.047                 28
 phthalate
------------------------------------------------------------------------
Di-n-butyl                 84-74-2             0.057                 28
 phthalate
------------------------------------------------------------------------
1,4-                      100-25-4              0.32                2.3
 Dinitrobenzene
------------------------------------------------------------------------
4,6-Dinitro-o-            534-52-1              0.28                160
 cresol
------------------------------------------------------------------------
2,4-Dinitrophenol          51-28-5              0.12                160
------------------------------------------------------------------------
2,4-                      121-14-2              0.32                140
 Dinitrotoluene
------------------------------------------------------------------------
2,6-                      606-20-2              0.55                 28
 Dinitrotoluene
------------------------------------------------------------------------
Di-n-octyl                117-84-0             0.017                 28
 phthalate
------------------------------------------------------------------------
Di-n-                     621-64-7              0.40                 14
 propylnitrosamin
 e
------------------------------------------------------------------------
1,4-Dioxane               123-91-1              12.0                170
------------------------------------------------------------------------
Diphenylamine             122-39-4              0.92                 13
 (difficult to
 distinguish from
 diphenylnitrosam
 ine)
------------------------------------------------------------------------
Diphenylnitrosami          86-30-6              0.92                 13
 ne (difficult to
 distinguish from
 diphenylamine)
------------------------------------------------------------------------
1,2-                      122-66-7             0.087                 NA
 Diphenylhydrazin
 e
------------------------------------------------------------------------
Disulfoton                298-04-4             0.017                6.2
------------------------------------------------------------------------

[[Page 279]]

 
Endosulfan I              959-98-8             0.023              0.066
------------------------------------------------------------------------
Endosulfan II           33213-65-9             0.029               0.13
------------------------------------------------------------------------
Endosulfan               1031-07-8             0.029               0.13
 sulfate
------------------------------------------------------------------------
Endrin                     72-20-8            0.0028               0.13
------------------------------------------------------------------------
Endrin aldehyde          7421-93-4             0.025               0.13
------------------------------------------------------------------------
Ethyl acetate             141-78-6              0.34                 33
------------------------------------------------------------------------
Ethyl benzene             100-41-4             0.057                 10
------------------------------------------------------------------------
Ethyl cyanide/            107-12-0              0.24                360
 Propanenitrile
------------------------------------------------------------------------
Ethyl ether                60-29-7              0.12                160
------------------------------------------------------------------------
bis(2-                    117-81-7              0.28                 28
 Ethylhexyl)phtha
 late
------------------------------------------------------------------------
Ethyl                      97-63-2              0.14                160
 methacrylate
------------------------------------------------------------------------
Ethylene oxide             75-21-8              0.12                 NA
------------------------------------------------------------------------
Famphur                    52-85-7             0.017                 15
------------------------------------------------------------------------
Fluoranthene              206-44-0             0.068                3.4
------------------------------------------------------------------------
Fluorene                   86-73-7             0.059                3.4
------------------------------------------------------------------------
Heptachlor                 76-44-8            0.0012              0.066
------------------------------------------------------------------------
1,2,3,4,6,7,8-          35822-46-9          0.000035              .0025
 Heptachlorodiben
 zo-p-dioxin
 (1,2,3,4,6,7,8-
 HpCDD)
------------------------------------------------------------------------
1,2,3,4,6,7,8-          67562-39-4          0.000035              .0025
 Heptachlorodiben
 zofluran
 (1,2,3,4,6,7,8-
 HpCDF)
------------------------------------------------------------------------
1,2,3,4,7,8,9-Hep       55673-89-7          0.000035              .0025
 tachlorodibenzof
 luran
 (1,2,3,4,7,8,9-H
 pCDF)
------------------------------------------------------------------------
Heptachlor               1024-57-3             0.016              0.066
 epoxide
------------------------------------------------------------------------
Hexachlorobenzene         118-74-1             0.055                 10
------------------------------------------------------------------------
Hexachlorobutadie          87-68-3             0.055                5.6
 ne
------------------------------------------------------------------------
Hexachlorocyclope          77-47-4             0.057                2.4
 ntadiene
------------------------------------------------------------------------
HxCDDs (All                     NA          0.000063              0.001
 Hexachlorodibenz
 o-p-dioxins)
------------------------------------------------------------------------
HxCDFs (All                     NA          0.000063              0.001
 Hexachlorodibenz
 ofurans)
------------------------------------------------------------------------
Hexachloroethane           67-72-1             0.055                 30
------------------------------------------------------------------------
Hexachloropropyle        1888-71-7             0.035                 30
 ne
------------------------------------------------------------------------
Indeno(1,2,3-c,d)         193-39-5            0.0055                3.4
 pyrene
------------------------------------------------------------------------
Iodomethane                74-88-4              0.19                 65
------------------------------------------------------------------------
Isobutyl alcohol           78-83-1               5.6                170
------------------------------------------------------------------------
Isodrin                   465-73-6             0.021              0.066
------------------------------------------------------------------------
Isosafrole                120-58-1             0.081                2.6
------------------------------------------------------------------------
Kepone                    143-50-0            0.0011               0.13
------------------------------------------------------------------------
Methacrylonitrile         126-98-7              0.24                 84
------------------------------------------------------------------------

[[Page 280]]

 
Methanol                   67-56-1               5.6        0.75 mg/l TCLP
------------------------------------------------------------------------
Methapyrilene              91-80-5             0.081                1.5
------------------------------------------------------------------------
Methoxychlor               72-43-5              0.25               0.18
------------------------------------------------------------------------
3-                         56-49-5            0.0055                 15
 Methylcholanthre
 ne
------------------------------------------------------------------------
4,4-Methylene             101-14-4              0.50                 30
 bis(2-
 chloroaniline)
------------------------------------------------------------------------
Methylene                  75-09-2             0.089                 30
 chloride
------------------------------------------------------------------------
Methyl ethyl               78-93-3              0.28                 36
 ketone
------------------------------------------------------------------------
Methyl isobutyl           108-10-1              0.14                 33
 ketone
------------------------------------------------------------------------
Methyl                     80-62-6              0.14                160
 methacrylate
------------------------------------------------------------------------
Methyl                     66-27-3             0.018                 NA
 methanesulfonate
------------------------------------------------------------------------
Methyl parathion          298-00-0             0.014                4.6
------------------------------------------------------------------------
Naphthalene                91-20-3             0.059                5.6
------------------------------------------------------------------------
2-Naphthylamine            91-59-8              0.52                 NA
------------------------------------------------------------------------
o-Nitroaniline             88-74-4              0.27                 14
------------------------------------------------------------------------
p-Nitroaniline            100-01-6             0.028                 28
------------------------------------------------------------------------
Nitrobenzene               98-95-3             0.068                 14
------------------------------------------------------------------------
5-Nitro-o-                 99-55-8              0.32                 28
 toluidine
------------------------------------------------------------------------
o-Nitrophenol              88-75-5             0.028                 13
------------------------------------------------------------------------
p-Nitrophenol             100-02-7              0.12                 29
------------------------------------------------------------------------
N-                         55-18-5              0.40                 28
 Nitrosodiethylam
 ine
------------------------------------------------------------------------
N-                         62-75-9              0.40                2.3
 Nitrosodimethyla
 mine
------------------------------------------------------------------------
N-Nitroso-di-n-           924-16-3              0.40                 17
 butylamine
------------------------------------------------------------------------
N-                      10595-95-6              0.40                2.3
 Nitrosomethyleth
 ylamine
------------------------------------------------------------------------
N-                         59-89-2              0.40                2.3
 Nitrosomorpholin
 e
------------------------------------------------------------------------
N-                        100-75-4             0.013                 35
 Nitrosopiperidin
 e
------------------------------------------------------------------------
N-                        930-55-2             0.013                 35
 Nitrosopyrrolidi
 ne
------------------------------------------------------------------------
1,2,3,4,6,7,8,9-         3268-87-9          0.000063              0.005
 Octachlorodibenz
 o-p-dioxin
 (OCDD)
------------------------------------------------------------------------
1,2,3,4,6,7,8,9-        39001-02-0          0.000063              0.005
 Octachlorodibenz
 ofluran (OCDF)
------------------------------------------------------------------------
Parathion                  56-38-2             0.014                4.6
------------------------------------------------------------------------
Total PCBs (sum          1336-36-3              0.10                 10
 of all PCB
 isomers, or all
 Aroclors) \8\
------------------------------------------------------------------------
Pentachlorobenzen         608-93-5             0.055                 10
 e
------------------------------------------------------------------------
PeCDDs (All                     NA          0.000063              0.001
 Pentachlorodiben
 zo-p-dioxins)
------------------------------------------------------------------------
PeCDFs (All                     NA          0.000035              0.001
 Pentachlorodiben
 zofurans)
------------------------------------------------------------------------
Pentachloroethane          76-01-7             0.055                6.0
------------------------------------------------------------------------

[[Page 281]]

 
Pentachloronitrob          82-68-8             0.055                4.8
 enzene
------------------------------------------------------------------------
Pentachlorophenol          87-86-5             0.089                7.4
------------------------------------------------------------------------
Phenacetin                 62-44-2             0.081                 16
------------------------------------------------------------------------
Phenanthrene               85-01-8             0.059                5.6
------------------------------------------------------------------------
Phenol                    108-95-2             0.039                6.2
------------------------------------------------------------------------
1,3-                      108-45-2             0.010               0.66
 Phenylenediamine
Phorate                   298-02-2             0.021                4.6
------------------------------------------------------------------------
Phthalic acid             100-21-0             0.055                 28
------------------------------------------------------------------------
Phthalic                   85-44-9             0.055                 28
 anhydride
------------------------------------------------------------------------
Pronamide               23950-58-5             0.093                1.5
------------------------------------------------------------------------
Pyrene                    129-00-0             0.067                8.2
------------------------------------------------------------------------
Pyridine                  110-86-1             0.014                 16
------------------------------------------------------------------------
Safrole                    94-59-7             0.081                 22
------------------------------------------------------------------------
Silvex/2,4,5-TP            93-72-1              0.72                7.9
------------------------------------------------------------------------
1,2,4,5-                   95-94-3             0.055                 14
 Tetrachlorobenze
 ne
------------------------------------------------------------------------
TCDDs (All                      NA          0.000063              0.001
 Tetrachlorodiben
 zo-p-dioxins)
------------------------------------------------------------------------
TCDFs (All                      NA          0.000063              0.001
 Tetrachlorodiben
 zofurans)
------------------------------------------------------------------------
1,1,1,2-                  630-20-6             0.057                6.0
 Tetrachloroethan
 e
------------------------------------------------------------------------
1,1,2,2-                   79-34-5             0.057                6.0
 Tetrachloroethan
 e
------------------------------------------------------------------------
Tetrachloroethyle         127-18-4             0.056                6.0
 ne
------------------------------------------------------------------------
2,3,4,6-                   58-90-2             0.030                7.4
 Tetrachloropheno
 l
------------------------------------------------------------------------
Toluene                   108-88-3             0.080                 10
------------------------------------------------------------------------
Toxaphene                8001-35-2            0.0095                2.6
------------------------------------------------------------------------
Tribromomethane/           75-25-2              0.63                 15
 Bromoform
------------------------------------------------------------------------
1,2,4-                    120-82-1             0.055                 19
 Trichlorobenzene
------------------------------------------------------------------------
1,1,1-                     71-55-6             0.054                6.0
 Trichloroethane
------------------------------------------------------------------------
1,1,2-                     79-00-5             0.054                6.0
 Trichloroethane
------------------------------------------------------------------------
Trichloroethylene          79-01-6             0.054                6.0
------------------------------------------------------------------------
Trichlorofluorome          75-69-4             0.020                 30
 thane
------------------------------------------------------------------------
2,4,5-                     95-95-4              0.18                7.4
 Trichlorophenol
------------------------------------------------------------------------
2,4,6-                     88-06-2             0.035                7.4
 Trichlorophenol
------------------------------------------------------------------------
2,4,5-                     93-76-5              0.72                7.9
 Trichlorophenoxy
 acetic acid/
 2,4,5-T
------------------------------------------------------------------------
1,2,3-                     96-18-4              0.85                 30
 Trichloropropane
------------------------------------------------------------------------
1,1,2-Trichloro-           76-13-1             0.057                 30
 1,2,2-
 trifluoroethane
------------------------------------------------------------------------

[[Page 282]]

 
tris-(2,3-                126-72-7              0.11               0.10
 Dibromopropyl)
 phosphate
------------------------------------------------------------------------
Vinyl chloride             75-01-4              0.27                6.0
------------------------------------------------------------------------
Xylenes-mixed            1330-20-7              0.32                 30
 isomers (sum of
 o-, m-, and p-
 xylene
 concentrations)
------------------------------------------------------------------------
Inorganic
 Constituents
------------------------------------------------------------------------
Antimony                 7440-36-0               1.9        1.15 mg/l TCLP
------------------------------------------------------------------------
Arsenic                  7440-38-2               1.4         5.0 mg/l TCLP
------------------------------------------------------------------------
Barium                   7440-39-3               1.2          21 mg/l TCLP
------------------------------------------------------------------------
Beryllium                7440-41-7              0.82        1.22 mg/l TCLP
------------------------------------------------------------------------
Cadmium                  7440-43-9              0.69        0.11 mg/l TCLP
------------------------------------------------------------------------
Chromium (Total)         7440-47-3              2.77        0.60 mg/l TCLP
------------------------------------------------------------------------
Cyanides (Total)           57-12-5               1.2                590
 \4\
------------------------------------------------------------------------
Cyanides                   57-12-5              0.86                 30
 (Amenable) \4\
------------------------------------------------------------------------
Fluoride \5\            16984-48-8                35                 NA
------------------------------------------------------------------------
Lead                     7439-92-1              0.69        0.75 mg/l TCLP
------------------------------------------------------------------------
Mercury--Nonwaste        7439-97-6                NA        0.20 mg/l TCLP
 water from
 Retort
------------------------------------------------------------------------
Mercury--All             7439-97-6              0.15       0.025 mg/l TCLP
 Others
------------------------------------------------------------------------
Nickel                   7440-02-0              3.98          11 mg/l TCLP
------------------------------------------------------------------------
Selenium \7\             7782-49-2              0.82         5.7 mg/l TCLP
------------------------------------------------------------------------
Silver                   7440-22-4              0.43        0.14 mg/l TCLP
------------------------------------------------------------------------
Sulfide \5\             18496-25-8                14                 NA
------------------------------------------------------------------------
Thallium                 7440-28-0               1.4        0.20 mg/l TCLP
------------------------------------------------------------------------
Vanadium \5\             7440-62-2               4.3         1.6 mg/l TCLP
------------------------------------------------------------------------
Zinc \5\                 7440-66-6              2.61         4.3 mg/l TCLP
------------------------------------------------------------------------


                         Footnotes to Table UTS
1                   CAS means Chemical Abstract Services. When the waste
                     code and/or regulated constituents are described as
                     a combination of a chemical with it's salts and/or
                     esters, the CAS number is given for the parent
                     compound only.
 
2                   Concentration standards for wastewaters are
                     expressed in mg/l and are based on analysis of
                     composite samples.
 
3                   Except for Metals (EP or TCLP) and Cyanides (Total
                     and Amenable) the nonwastewater treatment standards
                     expressed as a concentration were established,
                     inpart, based upon incineration in units operated
                     in accordance with the technical requirements of 40
                     CFR part 264, subpart O or 40 CFR part 265, subpart
                     O, or based upon combustion in fuel substitution
                     units operating in accordance with applicable
                     technical requirements. A facility may comply with
                     these treatment standards according to provisions
                     in 40 CFR 268.40(d). All concentration standards
                     for nonwastewaters are based on analysis of grab
                     samples.
 

[[Page 283]]

 
4                   Both Cyanides (Total) and Cyanides (Amenable) for
                     nonwastewaters are to be analyzed using Method
                     9010C or 9012B, found in ``Test Methods for
                     Evaluating Solid Waste, Physical/Chemical
                     Methods,'' EPA Publication SW-846, as incorporated
                     by reference in 40 CFR 260.11, with a sample size
                     of 10 grams and a distillation time of one hour and
                     15 minutes.
 
5                   These constituents are not ``underlying hazardous
                     constituents'' in characteristic wastes, according
                     to the definition at Sec. 268.2(i).
 
6                   [Reserved]
 
7                   This constituent is not an underlying hazardous
                     constituent as defined at Sec. 268.2(i) of this
                     Part because its UTS level is greater than its TC
                     level, thus a treatment selenium waste would always
                     be characteristically hazardous, unless it is
                     treated to below its characteristic level.
8                   This standard is temporarily deferred for soil
                     exhibiting a hazardous characteristic due to D004-
                     D011 only.
 


[59 FR 48103, Sept. 19, 1994, as amended at 60 FR 302, Jan. 3, 1995; 61 
FR 15654, Apr. 8, 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 
1997; 63 FR 24626, May 4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, 
Sept. 4, 1998; 64 FR 25417, May 11, 1999; 65 FR 14475, Mar. 17, 2000; 70 
FR 34590, June 14, 2005; 70 FR 9178, Feb. 24, 2005; 71 FR 40279, July 
14, 2006; 75 FR 13008, Mar. 18, 2010; 76 FR 34156, June 13, 2011]



Sec. 268.49  Alternative LDR treatment standards for contaminated soil.

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

----------------------------------------------------------------------------------------------------------------
            If LDRs                  And if LDRs           And if                        Then you
----------------------------------------------------------------------------------------------------------------
Applied to the listed waste      Apply to the        ..................  Must comply with LDRs
 when it contaminated the soil*.  listed waste now.
Didn't apply to the listed       Apply to the        The soil is         Must comply with LDRs.
 waste when it contaminated the   listed waste now.   determined to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.
Didn't apply to the listed       Apply to the        The soil is         Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.   determined not to
 soil*.                                               contain the
                                                      listed waste when
                                                      the soil is first
                                                      generated.
Didn't apply to the listed       Don't apply to the  ..................  Needn't comply with LDRs.
 waste when it contaminated the   listed waste now.
 soil*.
----------------------------------------------------------------------------------------------------------------
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any given listed
  hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was
  placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

    (b) Prior to land disposal, contaminated soil identified by 
paragraph (a) of this section as needing to comply with LDRs must be 
treated according to the applicable treatment standards specified in 
paragraph (c) of this section or according to the Universal Treatment 
Standards specified in 40 CFR 268.48 applicable to the contaminating 
listed hazardous waste and/or the applicable characteristic of hazardous 
waste if the soil is characteristic. The treatment standards specified 
in paragraph (c) of this section and the Universal Treatment Standards 
may be modified through a treatment variance approved in accordance with 
40 CFR 268.44.
    (c) Treatment standards for contaminated soils. Prior to land 
disposal, contaminated soil identified by paragraph (a) of this section 
as needing to comply with LDRs must be treated according to all the 
standards specified in this paragraph or according to the Universal 
Treatment Standards specified in 40 CFR 268.48.

[[Page 284]]

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

[63 FR 28751, May 26, 1998, as amended at 64 FR 25417, May 11, 1999; 64 
FR 56472, Oct. 20, 1999; 65 FR 81381, Dec. 26, 2000; 71 FR 40279, July 
14, 2006]



                    Subpart E_Prohibitions on Storage



Sec. 268.50  Prohibitions on storage of restricted wastes.

    (a) Except as provided in this section, the storage of hazardous 
wastes restricted from land disposal under subpart C of this part of 
RCRA section 3004 is prohibited, unless the following conditions are 
met:
    (1) A generator stores such wastes in tanks, containers, or 
containment buildings on-site solely for the purpose of the accumulation 
of such quantities of hazardous waste as necessary to facilitate proper 
recovery, treatment, or disposal and the generator complies with the 
requirements in Sec. Sec. 262.16 and 262.17 and parts 264 and 265 of 
this chapter.

[[Page 285]]

    (2) An owner/operator of a hazardous waste treatment, storage, or 
disposal facility stores such wastes in tanks, containers, or 
containment buildings solely for the purpose of the accumulation of such 
quantities of hazardous waste as necessary to facilitate proper 
recovery, treatment, or disposal and:
    (i) Each container is clearly marked to identify its contents and 
with:
    (A) The words ``Hazardous Waste'';
    (B) The applicable EPA hazardous waste number(s) (EPA hazardous 
waste codes) in subparts C and D of part 261 of this chapter; or use a 
nationally recognized electronic system, such as bar coding, to identify 
the EPA hazardous waste number(s);
    (C) An indication of the hazards of the contents (examples include, 
but are not limited to, the applicable hazardous waste characteristic(s) 
(i.e., ignitable, corrosive, reactive, toxic); hazard communication 
consistent with the Department of Transportation requirements at 49 CFR 
part 172 subpart E (labeling) or subpart F (placarding); a hazard 
statement or pictogram consistent with the Occupational Safety and 
Health Administration Hazard Communication Standard at 29 CFR 1910.1200; 
or a chemical hazard label consistent with the National Fire Protection 
Association code 704); and
    (D) The date each period of accumulation begins.
    (ii) Each tank is clearly marked with a description of its contents, 
the quantity of each hazardous waste received, and the date each period 
of accumulation begins, or such information for each tank is recorded 
and maintained in the operating record at that facility. Regardless of 
whether the tank itself is marked, an owner/operator must comply with 
the operating record requirements specified in Sec. 264.73 or Sec. 
265.73.
    (3) A transporter stores manifested shipments of such wastes at a 
transfer facility for 10 days or less.
    (4) A healthcare facility accumulates such wastes in containers on 
site solely for the purpose of the accumulation of such quantities of 
hazardous waste pharmaceuticals as necessary to facilitate proper 
recovery, treatment, or disposal and the healthcare facility complies 
with the applicable requirements in Sec. Sec. 266.502 and 266.503 of 
this chapter.
    (5) A reverse distributor accumulates such wastes in containers on 
site solely for the purpose of the accumulation of such quantities of 
hazardous waste pharmaceuticals as necessary to facilitate proper 
recovery, treatment, or disposal and the reverse distributor complies 
with Sec. 266.510 of this chapter.
    (b) An owner/operator of a treatment, storage or disposal facility 
may store such wastes for up to one year unless the Agency can 
demonstrate that such storage was not solely for the purpose of 
accumulation of such quantities of hazardous waste as are necessary to 
facilitate proper recovery, treatment, or disposal.
    (c) An owner/operator of a treatment, storage or disposal facility 
may store such wastes beyond one year; however, the owner/operator bears 
the burden of proving that such storage was solely for the purpose of 
accumulation of such quantities of hazardous waste as are necessary to 
facilitate proper recovery, treatment, or disposal.
    (d) If a generator's waste is exempt from a prohibition on the type 
of land disposal utilized for the waste (for example, because of an 
approved case-by-case extension under Sec. 268.5, an approved Sec. 
268.6 petition, or a national capacity variance under subpart C), the 
prohibition in paragraph (a) of this section does not apply during the 
period of such exemption.
    (e) The prohibition in paragraph (a) of this section does not apply 
to hazardous wastes that meet the treatment standards specified under 
Sec. Sec. 268.41, 268.42, and 268.43 or the treatment standards 
specified under the variance in Sec. 268.44, or, where treatment 
standards have not been specified, is in compliance with the applicable 
prohibitions specified in Sec. 268.32 or RCRA section 3004.
    (f) Liquid hazardous wastes containing polychlorinated biphenyls 
(PCBs) at concentrations greater than or equal to 50 ppm must be stored 
at a facility that meets the requirements of 40 CFR 761.65(b) and must 
be removed from storage and treated or disposed as required by this part 
within one year of the date when such wastes are first placed into 
storage. The provisions of paragraph (c) of this section do not

[[Page 286]]

apply to such PCB wastes prohibited under Sec. 268.32 of this part.
    (g) The prohibition and requirements in this section do not apply to 
hazardous remediation wastes stored in a staging pile approved pursuant 
to Sec. 264.554 of this chapter.

[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 
FR 25791, July 8, 1987; 54 FR 36972, Sept. 6, 1989; 57 FR 37281, Aug. 
18, 1992; 63 FR 65940, Nov. 30, 1998; 71 FR 40279, July 14, 2006; 81 FR 
85828, Nov. 28, 2016; 84 FR 5950, Feb. 22, 2019]



               Sec. Appendixes I-II to Part 268 [Reserved]



  Sec. Appendix III to Part 268--List of Halogenated Organic Compounds 
                      Regulated Under Sec. 268.32

    In determining the concentration of HOCs in a hazardous waste for 
purposes of the Sec. 268.32 land disposal prohibition, EPA has defined 
the HOCs that must be included in a calculation as any compounds having 
a carbon-halogen bond which are listed in this Appendix (see Sec. 
268.2). Appendix III to Part 268 consists of the following compounds:

                              I. Volatiles

1. Bromodichloromethane
2. Bromomethane
3. Carbon Tetrachloride
4. Chlorobenzene
5. 2-Chloro-1,3-butadiene
6. Chlorodibromomethane
7. Chloroethane
8. 2-Chloroethyl vinyl ether
9. Chloroform
10. Chloromethane
11. 3-Chloropropene
12. 1,2-Dibromo-3-chloropropane
13. 1,2-Dibromomethane
14. Dibromomethane
15. Trans-1,4-Dichloro-2--butene
16. Dichlorodifluoromethane
17. 1,1-Dichloroethane
18. 1,2-Dichloroethane
19. 1,1-Dichloroethylene
20. Trans-1,2-Dichloroethene
21. 1,2-Dichloropropane
22. Trans-1,3-Dichloropropene
23. cis-1,3-Dichloropropene
24. Iodomethane
25. Methylene chloride
26. 1,1,1,2-Tetrachloroethane
27. 1,1,2,2-Tetrachloroethane
28. Tetrachloroethene
29. Tribromomethane
30. 1,1,1-Trichloroethane
31. 1,1,2-Trichloroethane
32. Trichlorothene
33. Trichloromonofluoromethane
34. 1,2,3-Thrichloropropane
35. Vinyl Chloride

                            II. Semivolatiles

1. Bis(2-chloroethoxy)ethane
2. Bis(2-chloroethyl)ether
3. Bis(2-chloroisopropyl)ether
4. p-Chloroaniline
5. Chlorobenzilate
6. p-Chloro-m-cresol
7. 2-Chloronaphthalene
8. 2-Chlorphenol
9. 3-Chloropropionitrile
10. m-Dichlorobenzene
11. o-Dichlorobenzene
12. p-Dichlorobenzene
13. 3.3'-Dichlorobenzidine
14. 2,4-Dichlorophenol
15. 2,6-Dichlorophenol
16. Hexachlorobenzene
17. Hexachlorobutadiene
18. Hexachlorocyclopentadiene
19. Hexachloroethane
20. Hexachloroprophene
21. Hexachlorpropene
22. 4,4'-Methylenebis(2-chloroanaline)
23. Pentachlorobenzene
24. Pentachloroethane
25. Pentachloronitrobenzene
26. Pentachlorophenol
27. Pronamide
28. 1,2,4,5-Tetrachlorobenzene
29. 2,3,4,6-Tetrachlorophenol
30. 1,2,4-Trichlorobenzene
31. 2,4,5-Trichlorophenol
32. 2,4,6-Trichlorophenol
33. Tris(2,3-dibromopropyl)phosphate

                     III. Organochlorine Pesticides

1. Aldrin
2. alpha-BHC
3. beta-BHC
4. delta-BHC
5. gamma-BHC
6. Chlorodane
7. DDD
8. DDE
9. DDT
10. Dieldrin
11. Endosulfan I
12. Endosulfan II
13. Endrin
14. Endrin aldehyde
15. Heptachlor
16. Heptachlor epoxide
17. Isodrin
18. Kepone
19. Methoxyclor
20. Toxaphene

                    IV. Phenoxyacetic Acid Herbicides

1. 2,4-Dichlorophenoxyacetic acid
2. Silvex
3. 2,4,5-T

                                 V. PCBs

1. Aroclor 1016

[[Page 287]]

2. Aroclor 1221
3. Aroclor 1232
4. Aroclor 1242
5. Aroclor 1248
6. Aroclor 1254
7. Aroclor 1260
8. PCBs not otherwise specified

                         VI. Dioxins and Furans

1. Hexachlorodibenzo-p-dioxins
2. Hexachlorodibenzofuran
3. Pentachlorodibenzo-p-dioxins
4. Pentachlorodibenzofuran
5. Tetrachlorodibenzo-p-dioxins
6. Tetrachlorodibenzofuran
7. 2,3,7,8-Tetrachlorodibenzo-p-dioxin

[65 FR 81380, Dec. 26, 2000]



 Sec. Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the 
           Alternative Treatment Standards of Sec. 268.42(c)

    Hazardous waste with the following EPA Hazardous Waste Codes may not 
be placed in lab packs under the alternative lab pack treatment 
standards of Sec. 268.42(c): D009, F019, K003, K004, K005, K006, K062, 
K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.

[59 FR 48107 Sept. 19, 1994]



                 Sec. Appendix V to Part 268 [Reserved]



   Sec. Appendix VI to Part 268--Recommended Technologies To Achieve 
            Deactivation of Characteristics in Section 268.42

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

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

[[Page 288]]

 
D003 Water Reactives based on     INCIN...................  n.a.
 261.23(a) (2), (3), and (4).     WTRRX...................
                                  CHOXD...................
                                  CHRED...................
D003 Reactive Sulfides based on   CHOXD...................  CHOXD
 261.23(a)(5).                    CHRED...................  CHRED
                                  INCIN...................  BIODG
                                  STABL...................  INCIN
D003 Explosives based on          INCIN...................  INCIN
 261.23(a) (6), (7), and (8).     CHOXD...................  CHOXD
                                  CHRED...................  CHRED
                                                            BIODG
                                                            CARBN
D003 Other Reactives based on     INCIN...................  INCIN
 261.23(a)(1).                    CHOXD...................  CHOXD
                                  CHRED...................  CHRED
                                                            BIODG
                                                            CARBN
K044 Wastewater treatment         CHOXD...................  CHOXD
 sludges from the manufacturing   CHRED...................  CHRED
 and processing of explosives.    INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
K045 Spent carbon from the        CHOXD...................  CHOXD
 treatment of wastewaters         CHRED...................  CHRED
 containing explosives.           INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
K047 Pink/red water from TNT      CHOXD...................  CHOXD
 operations.                      CHRED...................  CHRED
                                  INCIN...................  BIODG
                                                            CARBN
                                                            INCIN
------------------------------------------------------------------------
Note: ``n.a.'' stands for ``not applicable''; ``fb.'' stands for
  ``followed by''.


[55 FR 22714, June 1, 1990, as amended at 62 FR 26025, May 12, 1997]



 Sec. Appendix VII to Part 268--LDR Effective Dates of Surface Disposed 
                       Prohibited Hazardous Wastes

      Table 1--Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRS \a\--
                                               Comprehensive List
----------------------------------------------------------------------------------------------------------------
              Waste code                             Waste category                       Effective date
----------------------------------------------------------------------------------------------------------------
D001 \c\..............................  All (except High TOC Ignitable Liquids).  Aug. 9, 1993.
D001..................................  High TOC Ignitable Liquids..............  Aug. 8, 1990.
D002 \c\..............................  All.....................................  Aug. 9, 1993.
D003..................................  Newly identified surface-disposed         May 26, 2000.
                                         elemental phosphorus processing wastes.
D004..................................  Newly identified D004 and mineral         Aug. 24, 1998.
                                         processing wastes.
D004..................................  Mixed radioactive/newly identified D004   May 26, 2000
                                         or mineral processing wastes.
D005..................................  Newly identified D005 and mineral         Aug. 24, 1998.
                                         processing wastes.
D005..................................  Mixed radioactive/newly identified D005   May 26, 2000.
                                         or mineral processing wastes.
D006..................................  Newly identified D006 and mineral         Aug. 24, 1998.
                                         processing wastes.
D006..................................  Mixed radioactive/newly identified D006   May 26, 2000.
                                         or mineral processing wastes.
D007..................................  Newly identified D007 and mineral         Aug. 24, 1998.
                                         processing wastes.
D007..................................  Mixed radioactive/newly identified D007   May 26, 2000.
                                         or mineral processing wastes.
D008..................................  Newly identified D008 and mineral         Aug. 24, 1998.
                                         processing waste.
D008..................................  Mixed radioactive/newly identified D008   May 26, 2000.
                                         or mineral processing wastes.
D009..................................  Newly identified D009 and mineral         Aug. 24, 1998.
                                         processing waste.
D009..................................  Mixed radioactive/newly identified D009   May 26, 2000.
                                         or mineral processing wastes.
D010..................................  Newly identified D010 and mineral         Aug. 24, 1998.
                                         processing wastes.
D010..................................  Mixed radioactive/newly identified D010   May 26, 2000.
                                         or mineral processing wastes.
D011..................................  Newly identified D011 and mineral         Aug. 24, 1998.
                                         processing wastes.

[[Page 289]]

 
D011..................................  Mixed radioactive/newly identified D011   May 26, 2000.
                                         or mineral processing wastes.
D012 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D013 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D014 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D015 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D016 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D017 (that exhibit the toxicity         All.....................................  Dec. 14, 1994.
 characteristic based on the TCLP) \d\.
D018..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D018..................................  All others..............................  Dec. 19, 1994.
D019..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D019..................................  All others..............................  Dec. 19, 1994.
D020..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D020..................................  All others..............................  Dec. 19, 1994.
D021..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D021..................................  All others..............................  Dec. 19, 1994.
D022..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D022..................................  All others..............................  Dec. 19, 1994.
D023..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D023..................................  All others..............................  Dec. 19, 1994.
D024..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D024..................................  All others..............................  Dec. 19, 1994.
D025..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D025..................................  All others..............................  Dec. 19, 1994.
D026..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D026..................................  All others..............................  Dec. 19, 1994.
D027..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D027..................................  All others..............................  Dec. 19, 1994.
D028..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D028..................................  All others..............................  Dec. 19, 1994.
D029..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D029..................................  All others..............................  Dec. 19, 1994.
D030..................................  Mixed with radioactive wastes...........  Sept. 19. 1996.
D030..................................  All others..............................  Dec. 19, 1994.
D031..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D031..................................  All others..............................  Dec. 19, 1994.
D032..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D032..................................  All others..............................  Dec. 19, 1994.
D033..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D033..................................  All others..............................  Dec. 19, 1994.
D034..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D034..................................  All others..............................  Dec. 19, 1994.
D035..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D035..................................  All others..............................  Dec. 19, 1994.
D036..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D036..................................  All others..............................  Dec. 19, 1994.
D037..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D037..................................  All others..............................  Dec. 19, 1994.
D038..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D038..................................  All others..............................  Dec. 19, 1994.
D039..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D039..................................  All others..............................  Dec. 19, 1994.
D040..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D040..................................  All others..............................  Dec. 19, 1994.
D041..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D041..................................  All others..............................  Dec. 19, 1994.
D042..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D042..................................  All others..............................  Dec. 19, 1994.
D043..................................  Mixed with radioactive wastes...........  Sept. 19, 1996.
D043..................................  All others..............................  Dec. 19, 1994.
F001..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F001..................................  All others..............................  Nov. 8, 1986.
F002 (1,1,2-trichloroethane)..........  Wastewater and Nonwastewater............  Aug. 8, 1990.

[[Page 290]]

 
F002..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F002..................................  All others..............................  Nov. 8, 1986.
F003..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F003..................................  All others..............................  Nov. 8, 1986.
F004..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F004..................................  All others..............................  Nov. 8, 1986.
F005 (benzene, 2-ethoxy ethanol, 2-     Wastewater and Nonwastewater............  Aug. 8, 1990.
 nitropropane).
F005..................................  Small quantity generators, CERCLA         Nov. 8, 1988.
                                         response/RCRA corrective action,
                                         initial generator's solvent-water
                                         mixtures, solvent-containing sludges
                                         and solids.
F005..................................  All others..............................  Nov. 8, 1986.
F006..................................  Wastewater..............................  Aug. 8, 1990.
F006..................................  Nonwastewater...........................  Aug. 8, 1988.
F006 (cyanides).......................  Nonwastewater...........................  July 8, 1989.
F007..................................  All.....................................  July 8, 1989.
F008..................................  All.....................................  July 8, 1989.
F009..................................  All.....................................  July 8, 1989.
F010..................................  All.....................................  June 8, 1989.
F011 (cyanides).......................  Nonwastewater...........................  Dec. 8, 1989.
F011..................................  All others..............................  July 8, 1989.
F012 (cyanides).......................  Nonwastewater...........................  Dec. 8, 1989.
F012..................................  All others..............................  July 8, 1989.
F019..................................  All.....................................  Aug. 8, 1990.
F020..................................  All.....................................  Nov. 8, 1988.
F021..................................  All.....................................  Nov. 8, 1988.
F025..................................  All.....................................  Aug. 8, 1990.
F026..................................  All.....................................  Nov. 8, 1988.
F027..................................  All.....................................  Nov. 8, 1988.
F028..................................  All.....................................  Nov. 8, 1988.
F032..................................  Mixed with radioactive wastes...........  May 12, 1999
F032..................................  All others..............................  Aug. 12, 1997.
F034..................................  Mixed with radioactive wastes...........  May 12, 1999
F034..................................  All others..............................  Aug. 12, 1997.
F035..................................  Mixed with radioactive wastes...........  May 12, 1999.
F035..................................  All others..............................  Aug. 12, 1997.
F037..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F037..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F037..................................  Mixed with radioactive wastes...........  June 30, 1994.
F038..................................  Not generated from surface impoundment    June 30, 1993.
                                         cleanouts or closures.
F038..................................  Generated from surface impoundment        June 30, 1994.
                                         cleanouts or closures.
F038..................................  Mixed with radioactive wastes...........  June 30, 1994.
F039..................................  Wastewater..............................  Aug. 8, 1990.
F039..................................  Nonwastewater...........................  May 8, 1992.
K001 (organics) \b\...................  All.....................................  Aug. 8, 1988.
K001..................................  All others..............................  Aug. 8, 1988.
K002..................................  All.....................................  Aug. 8, 1990.
K003..................................  All.....................................  Aug. 8, 1990.
K004..................................  Wastewater..............................  Aug. 8, 1990.
K004..................................  Nonwastewater...........................  Aug. 8, 1988.
K005..................................  Wastewater..............................  Aug. 8, 1990.
K005..................................  Nonwastewater...........................  June 8, 1989.
K006..................................  All.....................................  Aug. 8, 1990.
K007..................................  Wastewater..............................  Aug. 8, 1990.
K007..................................  Nonwastewater...........................  June 8, 1989.
K008..................................  Wastewater..............................  Aug. 8, 1990.
K008..................................  Nonwastewater...........................  Aug. 8, 1988.
K009..................................  All.....................................  June 8, 1989.
K010..................................  All.....................................  June 8, 1989.
K011..................................  Wastewater..............................  Aug. 8, 1990.
K011..................................  Nonwastewater...........................  June 8, 1989.
K013..................................  Wastewater..............................  Aug. 8, 1990.
K013..................................  Nonwastewater...........................  June 8, 1989.

[[Page 291]]

 
K014..................................  Wastewater..............................  Aug. 8, 1990.
K014..................................  Nonwastewater...........................  June 8, 1989.
K015..................................  Wastewater..............................  Aug. 8, 1988.
K015..................................  Nonwastewater...........................  Aug. 8, 1990.
K016..................................  All.....................................  Aug. 8, 1988.
K017..................................  All.....................................  Aug. 8, 1990.
K018..................................  All.....................................  Aug. 8, 1988.
K019..................................  All.....................................  Aug. 8, 1988.
K020..................................  All.....................................  Aug. 8, 1988.
K021..................................  Wastewater..............................  Aug. 8, 1990.
K021..................................  Nonwastewater...........................  Aug. 8, 1988.
K022..................................  Wastewater..............................  Aug. 8, 1990.
K022..................................  Nonwastewater...........................  Aug. 8, 1988.
K023..................................  All.....................................  June 8, 1989.
K024..................................  All.....................................  Aug. 8, 1988.
K025..................................  Wastewater..............................  Aug. 8, 1990.
K025..................................  Nonwastewater...........................  Aug. 8, 1988.
K026..................................  All.....................................  Aug. 8, 1990.
K027..................................  All.....................................  June 8, 1989.
K028 (metals).........................  Nonwastewater...........................  Aug. 8, 1990.
K028..................................  All others..............................  June 8, 1989.
K029..................................  Wastewater..............................  Aug. 8, 1990.
K029..................................  Nonwastewater...........................  June 8, 1989.
K030..................................  All.....................................  Aug. 8, 1988.
K031..................................  Wastewater..............................  Aug. 8, 1990.
K031..................................  Nonwastewater...........................  May 8, 1992.
K032..................................  All.....................................  Aug. 8, 1990.
K033..................................  All.....................................  Aug. 8, 1990.
K034..................................  All.....................................  Aug. 8, 1990.
K035..................................  All.....................................  Aug. 8, 1990.
K036..................................  Wastewater..............................  June 8, 1989.
K036..................................  Nonwastewater...........................  Aug. 8, 1988.
K037 \b\..............................  Wastewater..............................  Aug. 8, 1988.
K037..................................  Nonwastewater...........................  Aug. 8, 1988.
K038..................................  All.....................................  June 8, 1989.
K039..................................  All.....................................  June 8, 1989.
K040..................................  All.....................................  June 8, 1989.
K041..................................  All.....................................  Aug. 8, 1990.
K042..................................  All.....................................  Aug. 8, 1990.
K043..................................  All.....................................  June 8, 1989.
K044..................................  All.....................................  Aug. 8, 1988.
K045..................................  All.....................................  Aug. 8, 1988.
K046 (Nonreactive)....................  Nonwastewater...........................  Aug. 8, 1988.
K046..................................  All others..............................  Aug. 8, 1990.
K047..................................  All.....................................  Aug. 8, 1988.
K048..................................  Wastewater..............................  Aug. 8, 1990.
K048..................................  Nonwastewater...........................  Nov. 8, 1990.
K049..................................  Wastewater..............................  Aug. 8, 1990.
K049..................................  Nonwastewater...........................  Nov. 8, 1990.
K050..................................  Wastewater..............................  Aug. 8, 1990.
K050..................................  Nonwastewater...........................  Nov. 8, 1990.
K051..................................  Wastewater..............................  Aug. 8, 1990.
K051..................................  Nonwastewater...........................  Nov. 8, 1990.
K052..................................  Wastewater..............................  Aug. 8, 1990.
K052..................................  Nonwastewater...........................  Nov. 8, 1990.
K060..................................  Wastewater..............................  Aug. 8, 1990.
K060..................................  Nonwastewater...........................  Aug. 8, 1988.
K061..................................  Wastewater..............................  Aug. 8, 1990.
K061..................................  Nonwastewater...........................  June 30, 1992.
K062..................................  All.....................................  Aug. 8, 1988.
K069 (Non-Calcium Sulfate)............  Nonwastewater...........................  Aug. 8, 1988.
K069..................................  All others..............................  Aug. 8, 1990.
K071..................................  All.....................................  Aug. 8, 1990.
K073..................................  All.....................................  Aug. 8, 1990.
K083..................................  All.....................................  Aug. 8, 1990.
K084..................................  Wastewater..............................  Aug. 8, 1990.
K084..................................  Nonwastewater...........................  May 8, 1992.
K085..................................  All.....................................  Aug. 8, 1990.
K086 (organics) \b\...................  All.....................................  Aug. 8, 1988.
K086..................................  All others..............................  Aug. 8, 1988.
K087..................................  All.....................................  Aug. 8, 1988.

[[Page 292]]

 
K088..................................  All others..............................  Oct. 8, 1997.
K088..................................  All others..............................  Jan. 8, 1997.
K093..................................  All.....................................  June 8, 1989.
K094..................................  All.....................................  June 8, 1989.
K095..................................  Wastewater..............................  Aug. 8, 1990.
K095..................................  Nonwastewater...........................  June 8, 1989.
K096..................................  Wastewater..............................  Aug. 8, 1990.
K096..................................  Nonwastewater...........................  June 8, 1989.
K097..................................  All.....................................  Aug. 8, 1990.
K098..................................  All.....................................  Aug. 8, 1990.
K099..................................  All.....................................  Aug. 8, 1988.
K100..................................  Wastewater..............................  Aug. 8, 1990.
K100..................................  Nonwastewater...........................  Aug. 8, 1988.
K101 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K101 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K101 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K101 (metals).........................  Nonwastewater...........................  May 8, 1992.
K102 (organics).......................  Wastewater..............................  Aug. 8, 1988.
K102 (metals).........................  Wastewater..............................  Aug. 8, 1990.
K102 (organics).......................  Nonwastewater...........................  Aug. 8, 1988.
K102 (metals).........................  Nonwastewater...........................  May 8, 1992.
K103..................................  All.....................................  Aug. 8, 1988.
K104..................................  All.....................................  Aug. 8, 1988.
K105..................................  All.....................................  Aug. 8, 1990.
K106..................................  Wastewater..............................  Aug. 8, 1990.
K106..................................  Nonwastewater...........................  May 8, 1992.
K107..................................  Mixed with radioactive wastes...........  June 30, 1994.
K107..................................  All others..............................  Nov. 9, 1992.
K108..................................  Mixed with radioactive wastes...........  June 30, 1994.
K108..................................  All others..............................  Nov. 9, 1992.
K109..................................  Mixed with radioactive wastes...........  June 30, 1994.
K109..................................  All others..............................  Nov. 9, 1992.
K110..................................  Mixed with radioactive wastes...........  June 30, 1994.
K110..................................  All others..............................  Nov. 9, 1992.
K111..................................  Mixed with radioactive wastes...........  June 30, 1994.
K111..................................  All others..............................  Nov. 9, 1992.
K112..................................  Mixed with radioactive wastes...........  June 30, 1994.
K112..................................  All others..............................  Nov. 9, 1992.
K113..................................  All.....................................  June 8, 1989.
K114..................................  All.....................................  June 8, 1989.
K115..................................  All.....................................  June 8, 1989.
K116..................................  All.....................................  June 8, 1989.
K117..................................  Mixed with radioactive wastes...........  June 30, 1994.
K117..................................  All others..............................  Nov. 9, 1992.
K118..................................  Mixed with radioactive wastes...........  June 30, 1994.
K118..................................  All others..............................  Nov. 9, 1992.
K123..................................  Mixed with radioactive wastes...........  June 30, 1994.
K123..................................  All others..............................  Nov. 9, 1992.
K124..................................  Mixed with radioactive wastes...........  June 30, 1994.
K124..................................  All others..............................  Nov. 9, 1992.
K125..................................  Mixed with radioactive wastes...........  June 30, 1994.
K125..................................  All others..............................  Nov. 9, 1992.
K126..................................  Mixed with radioactive wastes...........  June 30, 1994.
K126..................................  All others..............................  Nov. 9, 1992.
K131..................................  Mixed with radioactive wastes...........  June 30, 1994.
K131..................................  All others..............................  Nov. 9, 1992.
K132..................................  Mixed with radioactive wastes...........  June 30, 1994.
K132..................................  All others..............................  Nov. 9, 1992.
K136..................................  Mixed with radioactive wastes...........  June 30, 1994.
K136..................................  All others..............................  Nov. 9, 1992.
K141..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K141..................................  All others..............................  Dec. 19, 1994.
K142..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K142..................................  All others..............................  Dec. 19, 1994.
K143..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K143..................................  All others..............................  Dec. 19, 1994.
K144..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K144..................................  All others..............................  Dec. 19, 1994.
K145..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K145..................................  All others..............................  Dec. 19, 1994.
K147..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.

[[Page 293]]

 
K147..................................  All others..............................  Dec. 19, 1994.
K148..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K148..................................  All others..............................  Dec. 19, 1994.
K149..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K149..................................  All others..............................  Dec. 19, 1994.
K150..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K150..................................  All others..............................  Dec. 19, 1994.
K151..................................  Mixed with radioactive wastes...........  Sep. 19, 1996.
K151..................................  All others..............................  Dec. 19, 1994.
K156..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K156..................................  All others..............................  July 8, 1996.
K157..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K157..................................  All others..............................  July 8, 1996.
K158..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K158..................................  All others..............................  July 8, 1996.
K159..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K159..................................  All others..............................  July 8, 1996.
K160..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K160..................................  All others..............................  July 8, 1996.
K161..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
K161..................................  All others..............................  July 8, 1996.
P001..................................  All.....................................  Aug. 8, 1990.
P002..................................  All.....................................  Aug. 8, 1990.
P003..................................  All.....................................  Aug. 8, 1990.
P004..................................  All.....................................  Aug. 8, 1990.
P005..................................  All.....................................  Aug. 8, 1990.
P006..................................  All.....................................  Aug. 8, 1990.
P007..................................  All.....................................  Aug. 8, 1990.
P008..................................  All.....................................  Aug. 8, 1990.
P009..................................  All.....................................  Aug. 8, 1990.
P010..................................  Wastewater..............................  Aug. 8, 1990.
P010..................................  Nonwastewater...........................  May 8, 1992.
P011..................................  Wastewater..............................  Aug. 8, 1990.
P011..................................  Nonwastewater...........................  May 8, 1992.
P012..................................  Wastewater..............................  Aug. 8, 1990.
P012..................................  Nonwastewater...........................  May 8, 1992.
P013 (barium).........................  Nonwastewater...........................  Aug. 8, 1990.
P013..................................  All others..............................  June 8, 1989.
P014..................................  All.....................................  Aug. 8, 1990.
P015..................................  All.....................................  Aug. 8, 1990.
P016..................................  All.....................................  Aug. 8, 1990.
P017..................................  All.....................................  Aug. 8, 1990.
P018..................................  All.....................................  Aug. 8, 1990.
P020..................................  All.....................................  Aug. 8, 1990.
P021..................................  All.....................................  June 8, 1989.
P022..................................  All.....................................  Aug. 8, 1990.
P023..................................  All.....................................  Aug. 8, 1990.
P024..................................  All.....................................  Aug. 8, 1990.
P026..................................  All.....................................  Aug. 8, 1990.
P027..................................  All.....................................  Aug. 8, 1990.
P028..................................  All.....................................  Aug. 8, 1990.
P029..................................  All.....................................  June 8, 1989.
P030..................................  All.....................................  June 8, 1989.
P031..................................  All.....................................  Aug. 8, 1990.
P033..................................  All.....................................  Aug. 8, 1990.
P034..................................  All.....................................  Aug. 8, 1990.
P036..................................  Wastewater..............................  Aug. 8, 1990.
P036..................................  Nonwastewater...........................  May 8, 1992.
P037..................................  All.....................................  Aug. 8, 1990.
P038..................................  Wastewater..............................  Aug. 8, 1990.
P038..................................  Nonwastewater...........................  May 8, 1992.
P039..................................  All.....................................  June 8, 1989.
P040..................................  All.....................................  June 8, 1989.
P041..................................  All.....................................  June 8, 1989.
P042..................................  All.....................................  Aug. 8, 1990.
P043..................................  All.....................................  June 8, 1989.
P044..................................  All.....................................  June 8, 1989.
P045..................................  All.....................................  Aug. 8, 1990.
P046..................................  All.....................................  Aug. 8, 1990.
P047..................................  All.....................................  Aug. 8, 1990.
P048..................................  All.....................................  Aug. 8, 1990.

[[Page 294]]

 
P049..................................  All.....................................  Aug. 8, 1990.
P050..................................  All.....................................  Aug. 8, 1990.
P051..................................  All.....................................  Aug. 8, 1990.
P054..................................  All.....................................  Aug. 8, 1990.
P056..................................  All.....................................  Aug. 8, 1990.
P057..................................  All.....................................  Aug. 8, 1990.
P058..................................  All.....................................  Aug. 8, 1990.
P059..................................  All.....................................  Aug. 8, 1990.
P060..................................  All.....................................  Aug. 8, 1990.
P062..................................  All.....................................  June 8, 1989.
P063..................................  All.....................................  June 8, 1989.
P064..................................  All.....................................  Aug. 8, 1990.
P065..................................  Wastewater..............................  Aug. 8, 1990.
P065..................................  Nonwastewater...........................  May 8, 1992.
P066..................................  All.....................................  Aug. 8, 1990.
P067..................................  All.....................................  Aug. 8, 1990.
P068..................................  All.....................................  Aug. 8, 1990.
P069..................................  All.....................................  Aug. 8, 1990.
P070..................................  All.....................................  Aug. 8, 1990.
P071..................................  All.....................................  June 8, 1989.
P072..................................  All.....................................  Aug. 8, 1990.
P073..................................  All.....................................  Aug. 8, 1990.
P074..................................  All.....................................  June 8, 1989.
P075..................................  All.....................................  Aug. 8, 1990.
P076..................................  All.....................................  Aug. 8, 1990.
P077..................................  All.....................................  Aug. 8, 1990.
P078..................................  All.....................................  Aug. 8, 1990.
P081..................................  All.....................................  Aug. 8, 1990.
P082..................................  All.....................................  Aug. 8, 1990.
P084..................................  All.....................................  Aug. 8, 1990.
P085..................................  All.....................................  June 8, 1989.
P087..................................  All.....................................  May 8, 1992.
P088..................................  All.....................................  Aug. 8, 1990.
P089..................................  All.....................................  June 8, 1989.
P092..................................  Wastewater..............................  Aug. 8, 1990.
P092..................................  Nonwastewater...........................  May 8, 1992.
P093..................................  All.....................................  Aug. 8, 1990.
P094..................................  All.....................................  June 8, 1989.
P095..................................  All.....................................  Aug. 8, 1990.
P096..................................  All.....................................  Aug. 8, 1990.
P097..................................  All.....................................  June 8, 1989.
P098..................................  All.....................................  June 8, 1989.
P099 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P099..................................  All others..............................  June 8, 1989.
P101..................................  All.....................................  Aug. 8, 1990.
P102..................................  All.....................................  Aug. 8, 1990.
P103..................................  All.....................................  Aug. 8, 1990.
P104 (silver).........................  Wastewater..............................  Aug. 8, 1990.
P104..................................  All others..............................  June 8, 1989.
P105..................................  All.....................................  Aug. 8, 1990.
P106..................................  All.....................................  June 8, 1989.
P108..................................  All.....................................  Aug. 8, 1990.
P109..................................  All.....................................  June 8, 1989.
P110..................................  All.....................................  Aug. 8, 1990.
P111..................................  All.....................................  June 8, 1989.
P112..................................  All.....................................  Aug. 8, 1990.
P113..................................  All.....................................  Aug. 8, 1990.
P114..................................  All.....................................  Aug. 8, 1990.
P115..................................  All.....................................  Aug. 8, 1990.
P116..................................  All.....................................  Aug. 8, 1990.
P118..................................  All.....................................  Aug. 8, 1990.
P119..................................  All.....................................  Aug. 8, 1990.
P120..................................  All.....................................  Aug. 8, 1990.
P121..................................  All.....................................  June 8, 1989.
P122..................................  All.....................................  Aug. 8, 1990.
P123..................................  All.....................................  Aug. 8, 1990.
P127..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P127..................................  All others..............................  July 8, 1996.
P128..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P128..................................  All others..............................  July 8, 1996.
P185..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.

[[Page 295]]

 
P185..................................  All others..............................  July 8, 1996.
P188..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P188..................................  All others..............................  July 8, 1996.
P189..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P189..................................  All others..............................  July 8, 1996.
P190..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P190..................................  All others..............................  July 8, 1996.
P191..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P191..................................  All others..............................  July 8, 1996.
P192..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P192..................................  All others..............................  July 8, 1996.
P194..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P194..................................  All others..............................  July 8, 1996.
P196..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P196..................................  All others..............................  July 8, 1996.
P197..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P197..................................  All others..............................  July 8, 1996.
P198..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P198..................................  All others..............................  July 8, 1996.
P199..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P199..................................  All others..............................  July 8, 1996.
P201..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P201..................................  All others..............................  July 8, 1996.
P202..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P202..................................  All others..............................  July 8, 1996.
P203..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P203..................................  All others..............................  July 8, 1996.
P204..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P204..................................  All others..............................  July 8, 1996.
P205..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
P205..................................  All others..............................  July 8, 1996.
U001..................................  All.....................................  Aug. 8, 1990.
U002..................................  All.....................................  Aug. 8, 1990.
U003..................................  All.....................................  Aug. 8, 1990.
U004..................................  All.....................................  Aug. 8, 1990.
U005..................................  All.....................................  Aug. 8, 1990.
U006..................................  All.....................................  Aug. 8, 1990.
U007..................................  All.....................................  Aug. 8, 1990.
U008..................................  All.....................................  Aug. 8, 1990.
U009..................................  All.....................................  Aug. 8, 1990.
U010..................................  All.....................................  Aug. 8, 1990.
U011..................................  All.....................................  Aug. 8, 1990.
U012..................................  All.....................................  Aug. 8, 1990.
U014..................................  All.....................................  Aug. 8, 1990.
U015..................................  All.....................................  Aug. 8, 1990.
U016..................................  All.....................................  Aug. 8, 1990.
U017..................................  All.....................................  Aug. 8, 1990.
U018..................................  All.....................................  Aug. 8, 1990.
U019..................................  All.....................................  Aug. 8, 1990.
U020..................................  All.....................................  Aug. 8, 1990.
U021..................................  All.....................................  Aug. 8, 1990.
U022..................................  All.....................................  Aug. 8, 1990.
U023..................................  All.....................................  Aug. 8, 1990.
U024..................................  All.....................................  Aug. 8, 1990.
U025..................................  All.....................................  Aug. 8, 1990.
U026..................................  All.....................................  Aug. 8, 1990.
U027..................................  All.....................................  Aug. 8, 1990.
U028..................................  All.....................................  June 8, 1989.
U029..................................  All.....................................  Aug. 8, 1990.
U030..................................  All.....................................  Aug. 8, 1990.
U031..................................  All.....................................  Aug. 8, 1990.
U032..................................  All.....................................  Aug. 8, 1990.
U033..................................  All.....................................  Aug. 8, 1990.
U034..................................  All.....................................  Aug. 8, 1990.
U035..................................  All.....................................  Aug. 8, 1990.
U036..................................  All.....................................  Aug. 8, 1990.
U037..................................  All.....................................  Aug. 8, 1990.
U038..................................  All.....................................  Aug. 8, 1990.
U039..................................  All.....................................  Aug. 8, 1990.
U041..................................  All.....................................  Aug. 8, 1990.
U042..................................  All.....................................  Aug. 8, 1990.

[[Page 296]]

 
U043..................................  All.....................................  Aug. 8, 1990.
U044..................................  All.....................................  Aug. 8, 1990.
U045..................................  All.....................................  Aug. 8, 1990.
U046..................................  All.....................................  Aug. 8, 1990.
U047..................................  All.....................................  Aug. 8, 1990.
U048..................................  All.....................................  Aug. 8, 1990.
U049..................................  All.....................................  Aug. 8, 1990.
U050..................................  All.....................................  Aug. 8, 1990.
U051..................................  All.....................................  Aug. 8, 1990.
U052..................................  All.....................................  Aug. 8, 1990.
U053..................................  All.....................................  Aug. 8, 1990.
U055..................................  All.....................................  Aug. 8, 1990.
U056..................................  All.....................................  Aug. 8, 1990.
U057..................................  All.....................................  Aug. 8, 1990.
U058..................................  All.....................................  June 8, 1989.
U059..................................  All.....................................  Aug. 8, 1990.
U060..................................  All.....................................  Aug. 8, 1990.
U061..................................  All.....................................  Aug. 8, 1990.
U062..................................  All.....................................  Aug. 8, 1990.
U063..................................  All.....................................  Aug. 8, 1990.
U064..................................  All.....................................  Aug. 8, 1990.
U066..................................  All.....................................  Aug. 8, 1990.
U067..................................  All.....................................  Aug. 8, 1990.
U068..................................  All.....................................  Aug. 8, 1990.
U069..................................  All.....................................  June 30, 1992.
U070..................................  All.....................................  Aug. 8, 1990.
U071..................................  All.....................................  Aug. 8, 1990.
U072..................................  All.....................................  Aug. 8, 1990.
U073..................................  All.....................................  Aug. 8, 1990.
U074..................................  All.....................................  Aug. 8, 1990.
U075..................................  All.....................................  Aug. 8, 1990.
U076..................................  All.....................................  Aug. 8, 1990.
U077..................................  All.....................................  Aug. 8, 1990.
U078..................................  All.....................................  Aug. 8, 1990.
U079..................................  All.....................................  Aug. 8, 1990.
U080..................................  All.....................................  Aug. 8, 1990.
U081..................................  All.....................................  Aug. 8, 1990.
U082..................................  All.....................................  Aug. 8, 1990.
U083..................................  All.....................................  Aug. 8, 1990.
U084..................................  All.....................................  Aug. 8, 1990.
U085..................................  All.....................................  Aug. 8, 1990.
U086..................................  All.....................................  Aug. 8, 1990.
U087..................................  All.....................................  June 8, 1989.
U088..................................  All.....................................  June 8, 1989.
U089..................................  All.....................................  Aug. 8, 1990.
U090..................................  All.....................................  Aug. 8, 1990.
U091..................................  All.....................................  Aug. 8, 1990.
U092..................................  All.....................................  Aug. 8, 1990.
U093..................................  All.....................................  Aug. 8, 1990.
U094..................................  All.....................................  Aug. 8, 1990.
U095..................................  All.....................................  Aug. 8, 1990.
U096..................................  All.....................................  Aug. 8, 1990.
U097..................................  All.....................................  Aug. 8, 1990.
U098..................................  All.....................................  Aug. 8, 1990.
U099..................................  All.....................................  Aug. 8, 1990.
U101..................................  All.....................................  Aug. 8, 1990.
U102..................................  All.....................................  June 8, 1989.
U103..................................  All.....................................  Aug. 8, 1990.
U105..................................  All.....................................  Aug. 8, 1990.
U106..................................  All.....................................  Aug. 8, 1990.
U107..................................  All.....................................  June 8, 1989.
U108..................................  All.....................................  Aug. 8, 1990.
U109..................................  All.....................................  Aug. 8, 1990.
U110..................................  All.....................................  Aug. 8, 1990.
U111..................................  All.....................................  Aug. 8, 1990.
U112..................................  All.....................................  Aug. 8, 1990.
U113..................................  All.....................................  Aug. 8, 1990.
U114..................................  All.....................................  Aug. 8, 1990.
U115..................................  All.....................................  Aug. 8, 1990.
U116..................................  All.....................................  Aug. 8, 1990.
U117..................................  All.....................................  Aug. 8, 1990.

[[Page 297]]

 
U118..................................  All.....................................  Aug. 8, 1990.
U119..................................  All.....................................  Aug. 8, 1990.
U120..................................  All.....................................  Aug. 8, 1990.
U121..................................  All.....................................  Aug. 8, 1990.
U122..................................  All.....................................  Aug. 8, 1990.
U123..................................  All.....................................  Aug. 8, 1990.
U124..................................  All.....................................  Aug. 8, 1990.
U125..................................  All.....................................  Aug. 8, 1990.
U126..................................  All.....................................  Aug. 8, 1990.
U127..................................  All.....................................  Aug. 8, 1990.
U128..................................  All.....................................  Aug. 8, 1990.
U129..................................  All.....................................  Aug. 8, 1990.
U130..................................  All.....................................  Aug. 8, 1990.
U131..................................  All.....................................  Aug. 8, 1990.
U132..................................  All.....................................  Aug. 8, 1990.
U133..................................  All.....................................  Aug. 8, 1990.
U134..................................  All.....................................  Aug. 8, 1990.
U135..................................  All.....................................  Aug. 8, 1990.
U136..................................  Wastewater..............................  Aug. 8, 1990.
U136..................................  Nonwastewater...........................  May 8, 1992.
U137..................................  All.....................................  Aug. 8, 1990.
U138..................................  All.....................................  Aug. 8, 1990.
U140..................................  All.....................................  Aug. 8, 1990.
U141..................................  All.....................................  Aug. 8, 1990.
U142..................................  All.....................................  Aug. 8, 1990.
U143..................................  All.....................................  Aug. 8, 1990.
U144..................................  All.....................................  Aug. 8, 1990.
U145..................................  All.....................................  Aug. 8, 1990.
U146..................................  All.....................................  Aug. 8, 1990.
U147..................................  All.....................................  Aug. 8, 1990.
U148..................................  All.....................................  Aug. 8, 1990.
U149..................................  All.....................................  Aug. 8, 1990.
U150..................................  All.....................................  Aug. 8, 1990.
U151..................................  Wastewater..............................  Aug. 8, 1990.
U151..................................  Nonwastewater...........................  May 8, 1992.
U152..................................  All.....................................  Aug. 8, 1990.
U153..................................  All.....................................  Aug. 8, 1990.
U154..................................  All.....................................  Aug. 8, 1990.
U155..................................  All.....................................  Aug. 8, 1990.
U156..................................  All.....................................  Aug. 8, 1990.
U157..................................  All.....................................  Aug. 8, 1990.
U158..................................  All.....................................  Aug. 8, 1990.
U159..................................  All.....................................  Aug. 8, 1990.
U160..................................  All.....................................  Aug. 8, 1990.
U161..................................  All.....................................  Aug. 8, 1990.
U162..................................  All.....................................  Aug. 8, 1990.
U163..................................  All.....................................  Aug. 8, 1990.
U164..................................  All.....................................  Aug. 8, 1990.
U165..................................  All.....................................  Aug. 8, 1990.
U166..................................  All.....................................  Aug. 8, 1990.
U167..................................  All.....................................  Aug. 8, 1990.
U168..................................  All.....................................  Aug. 8, 1990.
U169..................................  All.....................................  Aug. 8, 1990.
U170..................................  All.....................................  Aug. 8, 1990.
U171..................................  All.....................................  Aug. 8, 1990.
U172..................................  All.....................................  Aug. 8, 1990.
U173..................................  All.....................................  Aug. 8, 1990.
U174..................................  All.....................................  Aug. 8, 1990.
U176..................................  All.....................................  Aug. 8, 1990.
U177..................................  All.....................................  Aug. 8, 1990.
U178..................................  All.....................................  Aug. 8, 1990.
U179..................................  All.....................................  Aug. 8, 1990.
U180..................................  All.....................................  Aug. 8, 1990.
U181..................................  All.....................................  Aug. 8, 1990.
U182..................................  All.....................................  Aug. 8, 1990.
U183..................................  All.....................................  Aug. 8, 1990.
U184..................................  All.....................................  Aug. 8, 1990.
U185..................................  All.....................................  Aug. 8, 1990.
U186..................................  All.....................................  Aug. 8, 1990.
U187..................................  All.....................................  Aug. 8, 1990.
U188..................................  All.....................................  Aug. 8, 1990.

[[Page 298]]

 
U189..................................  All.....................................  Aug. 8, 1990.
U190..................................  All.....................................  June 8, 1989.
U191..................................  All.....................................  Aug. 8, 1990.
U192..................................  All.....................................  Aug. 8, 1990.
U193..................................  All.....................................  Aug. 8, 1990.
U194..................................  All.....................................  June 8, 1989.
U196..................................  All.....................................  Aug. 8, 1990.
U197..................................  All.....................................  Aug. 8, 1990.
U200..................................  All.....................................  Aug. 8, 1990.
U201..................................  All.....................................  Aug. 8, 1990.
U203..................................  All.....................................  Aug. 8, 1990.
U204..................................  All.....................................  Aug. 8, 1990.
U205..................................  All.....................................  Aug. 8, 1990.
U206..................................  All.....................................  Aug. 8, 1990.
U207..................................  All.....................................  Aug. 8, 1990.
U208..................................  All.....................................  Aug. 8, 1990.
U209..................................  All.....................................  Aug. 8, 1990.
U210..................................  All.....................................  Aug. 8, 1990.
U211..................................  All.....................................  Aug. 8, 1990.
U213..................................  All.....................................  Aug. 8, 1990.
U214..................................  All.....................................  Aug. 8, 1990.
U215..................................  All.....................................  Aug. 8, 1990.
U216..................................  All.....................................  Aug. 8, 1990.
U217..................................  All.....................................  Aug. 8, 1990.
U218..................................  All.....................................  Aug. 8, 1990.
U219..................................  All.....................................  Aug. 8, 1990.
U220..................................  All.....................................  Aug. 8, 1990.
U221..................................  All.....................................  June 8, 1989.
U222..................................  All.....................................  Aug. 8, 1990.
U223..................................  All.....................................  June 8, 1989.
U225..................................  All.....................................  Aug. 8, 1990.
U226..................................  All.....................................  Aug. 8, 1990.
U227..................................  All.....................................  Aug. 8, 1990.
U228..................................  All.....................................  Aug. 8, 1990.
U234..................................  All.....................................  Aug. 8, 1990.
U235..................................  All.....................................  June 8, 1989.
U236..................................  All.....................................  Aug. 8, 1990.
U237..................................  All.....................................  Aug. 8, 1990.
U238..................................  All.....................................  Aug. 8, 1990.
U239..................................  All.....................................  Aug. 8, 1990.
U240..................................  All.....................................  Aug. 8, 1990.
U243..................................  All.....................................  Aug. 8, 1990.
U244..................................  All.....................................  Aug. 8, 1990.
U246..................................  All.....................................  Aug. 8, 1990.
U247..................................  All.....................................  Aug. 8, 1990.
U248..................................  All.....................................  Aug. 8, 1990.
U249..................................  All.....................................  Aug. 8, 1990.
U271..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U271..................................  All others..............................  July 8, 1996.
U277..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U277..................................  All others..............................  July 8, 1996.
U278..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U278..................................  All others..............................  July 8, 1996.
U279..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U279..................................  All others..............................  July 8, 1996.
U280..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U280..................................  All others..............................  July 8, 1996.
U328..................................  Mixed with radioactive wastes...........  June 30, 1994.
U328..................................  All others..............................  Nov. 9, 1992.
U353..................................  Mixed with radioactive wastes...........  June 30, 1994.
U353..................................  All others..............................  Nov. 9, 1992.
U359..................................  Mixed with radioactive wastes...........  June 30, 1994.
U359..................................  All others..............................  Nov. 9, 1992.
U364..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U364..................................  All others..............................  July 8, 1996.
U365..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U365..................................  All others..............................  July 8, 1996.
U366..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U366..................................  All others..............................  July 8, 1996.
U367..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U367..................................  All others..............................  July 8, 1996.

[[Page 299]]

 
U372..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U372..................................  All others..............................  July 8, 1996.
U373..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U373..................................  All others..............................  July 8, 1996.
U375..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U375..................................  All others..............................  July 8, 1996.
U376..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U376..................................  All others..............................  July 8, 1996.
U377..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U377..................................  All others..............................  July 8, 1996.
U378..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U378..................................  All others..............................  July 8, 1996.
U379..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U379..................................  All others..............................  July 8, 1996.
U381..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U381..................................  All others..............................  July 8, 1996.
U382..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U382..................................  All others..............................  July 8, 1996.
U383..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U383..................................  All others..............................  July 8, 1996.
U384..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U384..................................  All others..............................  July 8, 1996.
U385..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U385..................................  All others..............................  July 8, 1996.
U386..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U386..................................  All others..............................  July 8, 1996.
U387..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U387..................................  All others..............................  July 8, 1996.
U389..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U389..................................  All others..............................  July 8, 1996.
U390..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U390..................................  All others..............................  July 8, 1996.
U391..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U391..................................  All others..............................  July 8, 1996.
U392..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U392..................................  All others..............................  July 8, 1996.
U393..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U393..................................  All others..............................  July 8, 1996.
U394..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U394..................................  All others..............................  July 8, 1996.
U395..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U395..................................  All others..............................  July 8, 1996.
U396..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U396..................................  All others..............................  July 8, 1996.
U400..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U400..................................  All others..............................  July 8, 1996.
U401..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U401..................................  All others..............................  July 8, 1996.
U402..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U402..................................  All others..............................  July 8, 1996.
U403..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U403..................................  All others..............................  July 8, 1996.
U404..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U404..................................  All others..............................  July 8, 1996.
U407..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U407..................................  All others..............................  July 8, 1996.
U409..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U409..................................  All others..............................  July 8, 1996.
U410..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U410..................................  All others..............................  July 8, 1996.
U411..................................  Mixed with radioactive wastes...........  Apr. 8, 1998.
U411..................................  All others..............................  July 8, 1996.
----------------------------------------------------------------------------------------------------------------
\a\ This table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which
  received national capacity variance until May 8, 1992. This table also does not include contaminated soil and
  debris wastes.
\b\ The standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
\c\ The standard was revised in the Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original
  effective date was August 8, 1990.
\d\ The standard was revised in the Phase II Final Rule (59 FR 47982, Sept. 19, 1994); the original effective
  date was August 8, 1990.
\e\ The standards for selected reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr. 8,
  1996); the original effective date was August 8, 1990.


[[Page 300]]


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


[62 FR 26025, May 12, 1997, as amended at 63 FR 28751, May 26, 1998; 65 
FR 36367, June 8, 2000; 71 FR 40279, July 14, 2006; 75 FR 78926, Dec. 
17, 2010]



    Sec. Appendix VIII to Part 268--LDR Effective Dates of Injected 
                       Prohibited Hazardous Wastes

                               National Capacity LDR Variances for UIC Wastes \a\
----------------------------------------------------------------------------------------------------------------
              Waste code                             Waste category                       Effective date
----------------------------------------------------------------------------------------------------------------
F001-F005.............................  All spent F001-F005 solvent containing    Aug. 8, 1990.
                                         less than 1 percent total F001-F005
                                         solvent constituents.
D001 (except High TOC Ignitable         All.....................................  Feb. 10, 1994.
 Liquids Subcategory) \c\.
D001 (High TOC Ignitable                Nonwastewater...........................  Sept. 19, 1995.
 Characteristic Liquids Subcategory).
D002 \b\..............................  All.....................................  May 8, 1992.
D002 \c\..............................  All.....................................  Feb. 10, 1994.
D003 (cyanides).......................  All.....................................  May 8, 1992.
D003 (sulfides).......................  All.....................................  May 8, 1992.
D003 (explosives, reactives)..........  All.....................................  May 8, 1992.
D007..................................  All.....................................  May 8, 1992.
D009..................................  Nonwastewater...........................  May 8, 1992.
D012..................................  All.....................................  Sept. 19, 1995.
D013..................................  All.....................................  Sept. 19, 1995.
D014..................................  All.....................................  Sept. 19, 1995.
D015..................................  All.....................................  Sept. 19, 1995.
D016..................................  All.....................................  Sept. 19, 1995.
D017..................................  All.....................................  Sept. 19, 1995.
D018..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D019..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D020..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D021..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D022..................................  All, including mixed with radioactive     Apr. 8, 1998.
                                         wastes.
D023..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D024..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D025..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D026..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D027..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.

[[Page 301]]

 
D028..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D029..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D030..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D031..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D032..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D033..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D034..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D035..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D036..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D037..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D038..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D039..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D040..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D041..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D042..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
D043..................................  All, including mixed radioactive wastes.  Apr. 8, 1998.
F007..................................  All.....................................  June 8, 1991.
F032..................................  All, including mixed radioactive wastes.  May 12, 1999.
F034..................................  All, including mixed radioactive wastes.  May 12, 1999.
F035..................................  All, including mixed radioactive wastes.  May 12, 1999.
F037..................................  All.....................................  Nov. 8, 1992.
F038..................................  All.....................................  Nov. 8, 1992.
F039..................................  Wastewater..............................  May 8, 1992.
K009..................................  Wastewater..............................  June 8, 1991.
K011..................................  Nonwastewater...........................  June 8, 1991.
K011..................................  Wastewater..............................  May 8, 1992.
K013..................................  Nonwastewater...........................  June 8, 1991.
K013..................................  Wastewater..............................  May 8, 1992.
K014..................................  All.....................................  May 8, 1992.
K016 (dilute).........................  All.....................................  June 8, 1991.
K049..................................  All.....................................  Aug. 8, 1990.
K050..................................  All.....................................  Aug. 8, 1990.
K051..................................  All.....................................  Aug. 8, 1990.
K052..................................  All.....................................  Aug. 8, 1990.
K062..................................  All.....................................  Aug. 8, 1990.
K071..................................  All.....................................  Aug. 8, 1990.
K088..................................  All.....................................  Jan. 8, 1997.
K104..................................  All.....................................  Aug. 8, 1990.
K107..................................  All.....................................  Nov. 8, 1992.
K108..................................  All.....................................  Nov. 9, 1992.
K109..................................  All.....................................  Nov. 9, 1992.
K110..................................  All.....................................  Nov. 9, 1992.
K111..................................  All.....................................  Nov. 9, 1992.
K112..................................  All.....................................  Nov. 9, 1992.
K117..................................  All.....................................  June 30, 1995.
K118..................................  All.....................................  June 30, 1995.
K123..................................  All.....................................  Nov. 9, 1992.
K124..................................  All.....................................  Nov. 9, 1992.
K125..................................  All.....................................  Nov. 9, 1992.
K126..................................  All.....................................  Nov. 9, 1992.
K131..................................  All.....................................  June 30, 1995.
K132..................................  All.....................................  June 30, 1995.
K136..................................  All.....................................  Nov. 9, 1992.
K141..................................  All.....................................  Dec. 19, 1994.
K142..................................  All.....................................  Dec. 19, 1994.
K143..................................  All.....................................  Dec. 19, 1994.
K144..................................  All.....................................  Dec. 19, 1994.
K145..................................  All.....................................  Dec. 19, 1994.
K147..................................  All.....................................  Dec. 19, 1994.
K148..................................  All.....................................  Dec. 19, 1994.
K149..................................  All.....................................  Dec. 19, 1994.
K150..................................  All.....................................  Dec. 19, 1994.
K151..................................  All.....................................  Dec. 19, 1994.
K156..................................  All.....................................  July 8, 1996.
K157..................................  All.....................................  July 8, 1996.
K158..................................  All.....................................  July 8, 1996.
K159..................................  All.....................................  July 8, 1996.
K160..................................  All.....................................  July 8, 1996.
K161..................................  All.....................................  July 8, 1996.
NA....................................  Newly identified mineral processing       May 26, 2000.
                                         wastes from titanium dioxide production
                                         and mixed radioactive/newly identified
                                         D004-D011 characteristic wastes and
                                         mineral processing wastes..

[[Page 302]]

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


[62 FR 26037, May 12, 1997, as amended at 63 FR 28752, May 26, 1998; 71 
FR 40279, July 14, 2006]

[[Page 303]]



 Sec. Appendix IX to Part 268--Extraction Procedure (EP) Toxicity Test 
           Method and Structural Integrity Test (Method 1310B)

    Note: The EP (Method 1310B) is published in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.



                 Sec. Appendix X to Part 268 [Reserved]



   Sec. Appendix XI to Part 268--Metal Bearing Wastes Prohibited From 
       Dilution in a Combustion Unit According to 40 CFR 268.3(c)

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

[[Page 304]]

 
U032.........................  Calcium chromate.
U145.........................  Lead phosphate.
U151.........................  Mercury.
U204.........................  Selenious acid.
U205.........................  Selenium disulfide.
U216.........................  Thallium (I) chloride.
U217.........................  Thallium (I) nitrate.
------------------------------------------------------------------------
\1\ A combustion unit is defined as any thermal technology subject to 40
  CFR part 264, subpart O; Part 265, subpart O; and/or 266, subpart H.


[61 FR 15658, Apr. 8, 1996]



PART 270_EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 
PROGRAM--Table of Contents



                      Subpart A_General Information

Sec.
270.1 Purpose and scope of the regulations in this part.
270.2 Definitions.
270.3 Considerations under Federal law.
270.4 Effect of a permit.
270.5 Noncompliance and program reporting by the Director.
270.6 References.

                      Subpart B_Permit Application

270.10 General application requirements.
270.11 Signatories to permit applications and reports.
270.12 Confidentiality of information.
270.13 Contents of part A of the permit application.
270.14 Contents of part B: General requirements.
270.15 Specific part B information requirements for containers.
270.16 Specific part B information requirements for tank systems.
270.17 Specific part B information requirements for surface 
          impoundments.
270.18 Specific part B information requirements for waste piles.
270.19 Specific part B information requirements for incinerators.
270.20 Specific part B information requirements for land treatment 
          facilities.
270.21 Specific part B information requirements for landfills.
270.22 Specific part B information requirements for boilers and 
          industrial furnaces burning hazardous waste.
270.23 Specific part B information requirements for miscellaneous units.
270.24 Specific part B information requirements for process vents.
270.25 Specific part B information requirements for equipment.
270.26 Special part B information requirements for drip pads.
270.27 Specific part B information requirements for air emission 
          controls for tanks, surface impoundments, and containers.
270.28 Part B information requirements for post-closure permits.
270.29 Permit denial.

                       Subpart C_Permit Conditions

270.30 Conditions applicable to all permits.
270.31 Requirements for recording and reporting of monitoring results.
270.32 Establishing permit conditions.
270.33 Schedules of compliance.

                      Subpart D_Changes to Permits

270.40 Transfer of permits.
270.41 Modification or revocation and reissuance of permits.
270.42 Permit modification at the request of the permittee.
270.43 Termination of permits.

            Subpart E_Expiration and Continuation of Permits

270.50 Duration of permits.
270.51 Continuation of expiring permits.

                   Subpart F_Special Forms of Permits

270.60 Permits by rule.
270.61 Emergency permits.
270.62 Hazardous waste incinerator permits.
270.63 Permits for land treatment demonstrations using field test or 
          laboratory analyses.
270.64 Interim permits for UIC wells.
270.65 Research, development, and demonstration permits.
270.66 Permits for boilers and industrial furnaces burning hazardous 
          waste.
270.67 RCRA standardized permits for storage and treatment units.

[[Page 305]]

270.68 Remedial Action Plans (RAPs).

                        Subpart G_Interim Status

270.70 Qualifying for interim status.
270.71 Operation during interim status.
270.72 Changes during interim status.
270.73 Termination of interim status.

                 Subpart H_Remedial Action Plans (RAPs)

270.79 Why is this subpart written in a special format?

                           General Information

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

                           Applying for a RAP

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

                         Getting a RAP Approved

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

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

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

                        Operating Under Your RAP

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

                Obtaining a RAP for an Off-Site Location

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

Subpart I_Integration with Maximum Achievable Control Technology (MACT) 
                                Standards

270.235 Options for incinerators, cement kilns, lightweight aggregate 
          kilns, solid fuel boilers, liquid fuel boilers and 
          hydrochloric acid production furnaces to minimize emissions 
          from startup, shutdown, and malfunction events.

   Subpart J_RCRA Standardized Permits for Storage and Treatment Units

             General Information About Standardized Permits

270.250 What is a RCRA standardized permit?
270.255 Who is eligible for a standardized permit?
270.260 What requirements of Part 270 apply to a standardized permit?

                   Applying for a Standardized Permit

270.270 How do I apply for a standardized permit?
270.275 What information must I submit to the permitting agency to 
          support my standardized permit application?
270.280 What are the certification requirements?

[[Page 306]]

             Information That Must Be Kept at Your Facility

270.290 What general types of information must I keep at my facility?
270.300 What container information must I keep at my facility?
270.305 What tank information must I keep at my facility?
270.310 What equipment information must I keep at my facility?
270.315 What air emissions control information must I keep at my 
          facility?

                     Modifying a Standardized Permit

270.320 How do I modify my RCRA standardized permit?

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

    Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.



                      Subpart A_General Information



Sec. 270.1  Purpose and scope of the regulations in this part.

    (a) Coverage. (1) These permit regulations establish provisions for 
the Hazardous Waste Permit Program under Subtitle C of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
of 1976, as amended (RCRA), (Pub. L. 94-580, as amended by Pub. L. 95-
609 and by Pub. L. 96-482; 42 U.S.C. 6091 et seq.). They apply to EPA 
and to approved States to the extent provided in part 271.
    (2) The regulations in this part cover basic EPA permitting 
requirements, such as application requirements, standard permit 
conditions, and monitoring and reporting requirements. These regulations 
are part of a regulatory scheme implementing RCRA set forth in different 
parts of the Code of Federal Regulations. The following chart indicates 
where the regulations implementing RCRA appear in the Code of Federal 
Regulations.

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

    (3) Technical regulations. The RCRA permit program has separate 
additional regulations that contain technical requirements. These 
separate regulations are used by permit issuing authorities to determine 
what requirements must be placed in permits if they are issued. These 
separate regulations are located in 40 CFR parts 264, 266, 267, and 268.
    (b) Overview of the RCRA Permit Program. Not later than 90 days 
after the promulgation or revision of regulations in 40 CFR part 261 
(identifying and listing hazardous wastes) generators and transporters 
of hazardous waste, and owners or operators of hazardous waste 
treatment, storage, or disposal facilities may be required to file a 
notification of that activity under section 3010. Six months after the 
initial promulgation of the part 261 regulations, treatment, storage, or 
disposal of hazardous waste by any person who has not applied for or 
received a RCRA permit is prohibited. Treatment, storage, and disposal 
facilities (TSDs) that are otherwise subject to permitting under RCRA 
and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of 
this section, may be eligible for a standardized permit under subpart J 
of this part. A RCRA permit application consists of two parts, part A 
(see Sec. 270.13) and part B (see Sec. 270.14 and applicable sections 
in Sec. Sec. 270.15 through 270.29). For ``existing HWM facilities,'' 
the requirement to submit an application is satisfied by submitting only 
part A of the permit application until the date the Director sets for 
submitting part B of the application. (Part A consists of Forms 1 and 3 
of the Consolidated Permit Application Forms.) Timely submission of both 
notification under section 3010 and part A qualifies owners and 
operators of existing HWM facilities (who are required to have a permit) 
for interim status under section 3005(e) of RCRA. Facility owners

[[Page 307]]

and operators with interim status are treated as having been issued a 
permit until EPA or a State with interim authorization for Phase II or 
final authorization under part 271 makes a final determination on the 
permit application. Facility owners and operators with interim status 
must comply with interim status standards set forth at 40 CFR part 265 
and 266 or with the analogous provisions of a State program which has 
received interim or final authorization under part 271. Facility owners 
and operators with interim status are not relieved from complying with 
other State requirements. For existing HWM facilities, the Director 
shall set a date, giving at least six months notice, for submission of 
part B of the application. There is no form for part B of the 
application; rather, part B must be submitted in narrative form and 
contain the information set forth in the applicable sections of 
Sec. Sec. 270.14 through 270.29. Owners or operators of new HWM 
facilities must submit parts A and B of the permit application at least 
180 days before physical construction is expected to commence.
    (1) The facility generates hazardous waste and then non-thermally 
treats or stores hazardous waste on-site in tanks, containers, or 
containment buildings; or
    (2) The facility receives hazardous waste generated off-site by a 
generator under the same ownership as the receiving facility, and then 
stores or non-thermally treats the hazardous waste in containers, tanks, 
or containment buildings.
    (c) Scope of the RCRA permit requirement. RCRA requires a permit for 
the ``treatment,'' ``storage,'' and ``disposal'' of any ``hazardous 
waste'' as identified or listed in 40 CFR part 261. The terms 
``treatment,'' ``storage,'' ``disposal,'' and ``hazardous waste'' are 
defined in Sec. 270.2. Owners and operators of hazardous waste 
management units must have permits during the active life (including the 
closure period) of the unit. Owners and operators of surface 
impoundments, landfills, land treatment units, and waste pile units that 
received waste after July 26, 1982, or that certified closure (according 
to Sec. 265.115 of this chapter) after January 26, 1983, must have 
post-closure permits, unless they demonstrate closure by removal or 
decontamination as provided under Sec. 270.1(c)(5) and (6), or obtain 
an enforceable document in lieu of a post-closure permit, as provided 
under paragraph (c)(7) of this section. If a post-closure permit is 
required, the permit must address applicable 40 CFR part 264 groundwater 
monitoring, unsaturated zone monitoring, corrective action, and post-
closure care requirements of this chapter. The denial of a permit for 
the active life of a hazardous waste management facility or unit does 
not affect the requirement to obtain a post-closure permit under this 
section.
    (1) Specific inclusions. Owners and operators of certain facilities 
require RCRA permits as well as permits under other programs for certain 
aspects of the facility operation. RCRA permits are required for:
    (i) Injection wells that dispose of hazardous waste, and associated 
surface facilities that treat, store or dispose of hazardous waste, (See 
Sec. 270.64). However, the owner and operator with a UIC permit in a 
State with an approved or promulgated UIC program, will be deemed to 
have a RCRA permit for the injection well itself if they comply with the 
requirements of Sec. 270.60(b) (permit-by-rule for injection wells).
    (ii) Treatment, storage, or disposal of hazardous waste at 
facilities requiring an NPDES permit. However, the owner and operator of 
a publicly owned treatment works receiving hazardous waste will be 
deemed to have a RCRA permit for that waste if they comply with the 
requirements of Sec. 270.60(c) (permit-by-rule for POTWs).
    (iii) Barges or vessels that dispose of hazardous waste by ocean 
disposal and onshore hazardous waste treatment or storage facilities 
associated with an ocean disposal operation. However, the owner and 
operator will be deemed to have a RCRA permit for ocean disposal from 
the barge or vessel itself if they comply with the requirements of Sec. 
270.60(a) (permit-by-rule for ocean disposal barges and vessels).
    (2) Specific exclusions and exemptions. The following persons are 
among those who are not required to obtain a RCRA permit:

[[Page 308]]

    (i) Generators who accumulate hazardous waste on site in compliance 
with all of the conditions for exemption provided in 40 CFR 262.14, 
262.15, 262.16, and 262.17.
    (ii) Farmers who dispose of hazardous waste pesticides from their 
own use as provided in Sec. 262.70 of this chapter;
    (iii) Persons who own or operate facilities solely for the 
treatment, storage, or disposal of hazardous waste excluded from 
regulations under this part by 40 CFR 261.4 or 262.14 (very small 
quantity generator exemption).
    (iv) Owners or operators of totally enclosed treatment facilities as 
defined in 40 CFR 260.10.
    (v) Owners and operators of elementary neutralization units or 
wastewater treatment units as defined in 40 CFR 260.10.
    (vi) Transporters storing manifested shipments of hazardous waste in 
containers meeting the requirements of 40 CFR 262.30 at a transfer 
facility for a period of ten days or less.
    (vii) Persons adding absorbent material to waste in a container (as 
defined in Sec. 260.10 of this chapter) and persons adding waste to 
absorbent material in a container, provided that these actions occur at 
the time waste is first placed in the container; and Sec. Sec. 
264.17(b), 264.171, and 264.172 of this chapter are complied with.
    (viii) Universal waste handlers and universal waste transporters (as 
defined in 40 CFR 260.10) managing the wastes listed below. These 
handlers are subject to regulation under 40 part CFR 273.
    (A) Batteries as described in 40 CFR 273.2;
    (B) Pesticides as described in Sec. 273.3 of this chapter;
    (C) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter;
    (D) Lamps as described in Sec. 273.5 of this chapter; and
    (E) Aerosol cans as described in Sec. 273.6 of this chapter.
    (ix) A New York State Utility central collection facility 
consolidating hazardous waste in accordance with 40 CFR 262.90.
    (x) Reverse distributors accumulating potentially creditable 
hazardous waste pharmaceuticals and evaluated hazardous waste 
pharmaceuticals, as defined in Sec. 266.500. Reverse distributors are 
subject to regulation under 40 CFR part 266 subpart P for the 
accumulation of potentially creditable hazardous waste pharmaceuticals 
and evaluated hazardous waste pharmaceuticals.
    (3) Further exclusions. (i) A person is not required to obtain a 
RCRA permit for treatment or containment activities taken during 
immediate response to any of the following situations:
    (A) A discharge of a hazardous waste;
    (B) An imminent and substantial threat of a discharge of hazardous 
waste;
    (C) A discharge of a material which, when discharged, becomes a 
hazardous waste.
    (D) An immediate threat to human health, public safety, property, or 
the environment from the known or suspected presence of military 
munitions, other explosive material, or an explosive device, as 
determined by an explosive or munitions emergency response specialist as 
defined in 40 CFR 260.10.
    (ii) Any person who continues or initiates hazardous waste treatment 
or containment activities after the immediate response is over is 
subject to all applicable requirements of this part for those 
activities.
    (iii) In the case of emergency responses involving military 
munitions, the responding military emergency response specialist's 
organizational unit must retain records for three years identifying the 
dates of the response, the responsible persons responding, the type and 
description of material addressed, and its disposition.
    (4) Permits for less than an entire facility. EPA may issue or deny 
a permit for one or more units at a facility without simultaneously 
issuing or denying a permit to all of the units at the facility. The 
interim status of any unit for which a permit has not been issued or 
denied is not affected by the issuance or denial of a permit to any 
other unit at the facility.
    (5) Closure by removal. Owners/operators of surface impoundments, 
land treatment units, and waste piles closing by removal or 
decontamination under part 265 standards must obtain a post-closure 
permit unless they can

[[Page 309]]

demonstrate to the Regional Administrator that the closure met the 
standards for closure by removal or decontamination in Sec. 264.228, 
Sec. 264.280(e), or Sec. 264.258, respectively. The demonstration may 
be made in the following ways:
    (i) If the owner/operator has submitted a part B application for a 
post-closure permit, the owner/operator may request a determination, 
based on information contained in the application, that section 264 
closure by removal standards were met. If the Regional Administrator 
believes that Sec. 264 standards were met, he/she will notify the 
public of this proposed decision, allow for public comment, and reach a 
final determination according to the procedures in paragraph (c)(6) of 
this section.
    (ii) If the owner/operator has not submitted a part B application 
for a post-closure permit, the owner/operator may petition the Regional 
Administrator for a determination that a post-closure permit is not 
required because the closure met the applicable part 264 closure 
standards.
    (A) The petition must include data demonstrating that closure by 
removal or decontamination standards were met, or it must demonstrate 
that the unit closed under State requirements that met or exceeded the 
applicable 264 closure-by-removal standard.
    (B) The Regional Administrator shall approve or deny the petition 
according to the procedures outlined in paragraph (c)(6) of this 
section.
    (6) Procedures for closure equivalency determination. (i) If a 
facility owner/operator seeks an equivalency demonstration under Sec. 
270.1(c)(5), the Regional Administrator will provide the public, through 
a newspaper notice, the opportunity to submit written comments on the 
information submitted by the owner/operator within 30 days from the date 
of the notice. The Regional Administrator will also, in response to a 
request or at his/her own discretion, hold a public hearing whenever 
such a hearing might clarify one or more issues concerning the 
equivalence of the part 265 closure to a part 264 closure. The Regional 
Administrator will give public notice of the hearing at least 30 days 
before it occurs. (Public notice of the hearing may be given at the same 
time as notice of the opportunity for the public to submit written 
comments, and the two notices may be combined.)
    (ii) The Regional Administrator will determine whether the part 265 
closure met 264 closure by removal or decontamination requirements 
within 90 days of its receipt. If the Regional Administrator finds that 
the closure did not meet the applicable part 264 standards, he/she will 
provide the owner/operator with a written statement of the reasons why 
the closure failed to meet part 264 standards. The owner/operator may 
submit additional information in support of an equivalency demonstration 
within 30 days after receiving such written statement. The Regional 
Administrator will review any additional information submitted and make 
a final determination within 60 days.
    (iii) If the Regional Administrator determines that the facility did 
not close in accordance with part 264 closure by removal standards, the 
facility is subject to post-closure permitting requirements.
    (7) Enforceable documents for post-closure care. At the discretion 
of the Regional Administrator, an owner or operator may obtain, in lieu 
of a post-closure permit, an enforceable document imposing the 
requirements of 40 CFR 265.121. ``Enforceable document'' means an order, 
a plan, or other document issued by EPA or by an authorized State under 
an authority that meets the requirements of 40 CFR 271.16(e) including, 
but not limited to, a corrective action order issued by EPA under 
section 3008(h), a CERCLA remedial action, or a closure or post-closure 
plan.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 51 
FR 10176, Mar. 24, 1986; 52 FR 45798, Dec. 1, 1987; 53 FR 27165, July 
19, 1988; 54 FR 9607, Mar. 7, 1989; 56 FR 32692, July 17, 1991; 60 FR 
25542, May 11, 1995; 62 FR 6656, Feb. 12, 1996; 63 FR 56735, Oct. 22, 
1998; 64 FR 36488, July 6, 1999; 64 FR 37638, July 12, 1999; 70 FR 
45520, Aug. 5, 2005; 70 FR 53474, Sept. 8, 2005; 71 FR 40279, July 14, 
2006; 81 FR 85828, Nov. 28, 2016; 84 FR 5950, Feb. 22, 2019; 84 FR 
67217, Dec. 9, 2019]

[[Page 310]]



Sec. 270.2  Definitions.

    The following definitions apply to parts 270, 271 and 124. Terms not 
defined in this section have the meaning given by RCRA.
    Administrator means the Administrator of the United States 
Environmental Protection Agency, or an authorized representative.
    Application means the EPA standard national forms for applying for a 
permit, including any additions, revisions or modifications to the 
forms; or forms approved by EPA for use in approved States, including 
any approved modifications or revisions. Application also includes the 
information required by the Director under Sec. Sec. 270.14 through 
270.29 (contents of part B of the RCRA application).
    Approved program or approved State means a State which has been 
approved or authorized by EPA under part 271.
    Aquifer means a geological formation, group of formations, or part 
of a formation that is capable of yielding a significant amount of water 
to a well or spring.
    Closure means the act of securing a Hazardous Waste Management 
facility pursuant to the requirements of 40 CFR part 264.
    Component means any constituent part of a unit or any group of 
constituent parts of a unit which are assembled to perform a specific 
function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
    Corrective Action Management Unit or CAMU means an area within a 
facility that is designated by the Regional Administrator under part 264 
subpart S, for the purpose of implementing corrective action 
requirements under Sec. 264.101 and RCRA section 3008(h). A CAMU shall 
only be used for the management of remediation wastes pursuant to 
implementing such corrective action requirements at the facility.
    CWA means the Clean Water Act (formerly referred to as the Federal 
Water Pollution Control Act or Federal Water Pollution Control Act 
amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and 
Pub. L. 95-576; 33 U.S.C. 1251 et seq.
    Director means the Regional Administrator or the State Director, as 
the context requires, or an authorized representative. When there is no 
approved State program, and there is an EPA administered program, 
Director means the Regional Administrator. When there is an approved 
State program, Director normally means the State Director. In some 
circumstances, however, EPA retains the authority to take certain 
actions even when there is an approved State program. In such cases, the 
term Director means the Regional Administrator and not the State 
Director.
    Disposal means the discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any hazardous waste into or on any land or water 
so that such hazardous waste or any constituent thereof may enter the 
environment or be emitted into the air or discharged into any waters, 
including ground water.
    Disposal facility means a facility or part of a facility at which 
hazardous waste is intentionally placed into or on the land or water, 
and at which hazardous waste will remain after closure. The term 
disposal facility does not include a corrective action management unit 
into which remediation wastes are placed.
    Draft permit means a document prepared under Sec. 124.6 indicating 
the Director's tentative decision to issue or deny, modify, revoke and 
reissue, terminate, or reissue a permit. A notice of intent to terminate 
a permit, and a notice of intent to deny a permit, as discussed in Sec. 
124.5, are types of draft permits. A denial of a request for 
modification, revocation and reissuance, or termination, as discussed in 
Sec. 124.5 is not a ``draft permit.'' A proposed permit is not a draft 
permit.
    Elementary neutralization unit means a device which:
    (a) Is used for neutralizing wastes only because they exhibit the 
corrosivity characteristic defined in Sec. 261.22 of this chapter, or 
are listed in subpart D of part 261 of this chapter only for this 
reason; and
    (b) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    Emergency permit means a RCRA permit issued in accordance with Sec. 
270.61.

[[Page 311]]

    Environmental Protection Agency (EPA) means the United States 
Environmental Protection Agency.
    EPA means the United States Environmental Protection Agency.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:
    (a) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (b)(1) A continuous on-site, physical construction program has 
begun; or
    (2) The owner or operator has entered into contractual obligations 
which cannot be cancelled or modified without substantial loss--for 
physical construction of the facility to be completed within a 
reasonable time.
    Facility mailing list means the mailing list for a facility 
maintained by EPA in accordance with 40 CFR 124.10(c)(1)(ix).
    Facility or activity means any HWM facility or any other facility or 
activity (including land or appurtenances thereto) that is subject to 
regulation under the RCRA program.
    Federal, State and local approvals or permits necessary to begin 
physical construction means permits and approvals required under 
Federal, State or local hazardous waste control statutes, regulations or 
ordinances.
    Final authorization means approval by EPA of a State program which 
has met the requirements of section 3006(b) of RCRA and the applicable 
requirements of part 271, subpart A.
    Functionally equivalent component means a component which performs 
the same function or measurement and which meets or exceeds the 
performance specifications of another component.
    Generator means any person, by site location, whose act, or process 
produces ``hazardous waste'' identified or listed in 40 CFR part 261.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous waste means a hazardous waste as defined in 40 CFR 261.3.
    Hazardous Waste Management facility (HWM facility) means all 
contiguous land, and structures, other appurtenances, and improvements 
on the land, used for treating, storing, or disposing of hazardous 
waste. A facility may consist of several treatment, storage, or disposal 
operational units (for example, one or more landfills, surface 
impoundments, or combinations of them).
    HWM facility means Hazardous Waste Management facility.
    Injection well means a well into which fluids are being injected.
    In operation means a facility which is treating, storing, or 
disposing of hazardous waste.
    Interim authorization means approval by EPA of a State hazardous 
waste program which has met the requirements of section 3006(g)(2) of 
RCRA and applicable requirements of part 271, subpart B.
    Major facility means any facility or activity classified as such by 
the Regional Administrator, or, in the case of approved State programs, 
the Regional Administrator in conjunction with the State Director.
    Manifest means the shipping document originated and signed by the 
generator which contains the information required by subpart B of 40 CFR 
part 262.
    National Pollutant Discharge Elimination System means the national 
program for issuing, modifying, revoking and reissuing, terminating, 
monitoring and enforcing permits, and imposing and enforcing 
pretreatment requirements, under sections 307, 402, 318, and 405 of the 
CWA. The term includes an approved program.
    NPDES means National Pollutant Discharge Elimination System.
    New HWM facility means a Hazardous Waste Management facility which 
began operation or for which construction commenced after November 19, 
1980.
    Off-site means any site which is not on-site.
    On-site means on the same or geographically contiguous property 
which may be divided by public or private right(s)-of-way, provided the 
entrance and exit between the properties is at a cross-roads 
intersection, and access is by crossing as opposed to going along, the 
right(s)-of-way. Non-contiguous properties owned by the same person

[[Page 312]]

but connected by a right-of-way which the person controls and to which 
the public does not have access, is also considered on-site property.
    Owner or operator means the owner or operator of any facility or 
activity subject to regulation under RCRA.
    Permit means an authorization, license, or equivalent control 
document issued by EPA or an approved State to implement the 
requirements of this part and parts 271 and 124 of this chapter. Permit 
includes permit by rule (Sec. 270.60), emergency permit (Sec. 270.61) 
and standardized permit (subpart J of this part). Permit does not 
include RCRA interim status (subpart G of this part), or any permit 
which has not been the subject of final agency action, such as a draft 
permit or a proposed permit.
    Permit-by-rule means a provision of these regulations stating that a 
facility or activity is deemed to have a RCRA permit if it meets the 
requirements of the provision.
    Person means an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    Physical construction means excavation, movement of earth, erection 
of forms or structures, or similar activity to prepare an HWM facility 
to accept hazardous waste.
    POTW means publicly owned treatment works.
    Publicly owned treatment works (POTW) means any device or system 
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. This definition includes sewers, pipes, or other 
conveyances only if they convey wastewater to a POTW providing 
treatment.
    RCRA means the Solid Waste Disposal Act as amended by the Resource 
Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by 
Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
    Regional Administrator means the Regional Administrator of the 
appropriate Regional Office of the Environmental Protection Agency or 
the authorized representative of the Regional Administrator.
    Remedial Action Plan (RAP) means a special form of RCRA permit that 
a facility owner or operator may obtain instead of a permit issued under 
Sec. Sec. 270.3 through 270.66, to authorize the treatment, storage or 
disposal of hazardous remediation waste (as defined in Sec. 260.10 of 
this chapter) at a remediation waste management site.
    Schedule of compliance means a schedule of remedial measures 
included in a permit, including an enforceable sequence of interim 
requirements (for example, actions, operations, or milestone events) 
leading to compliance with the Act and regulations.
    SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended 
by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.).
    Site means the land or water area where any facility or activity is 
physically located or conducted, including adjacent land used in 
connection with the facility or activity.
    Standardized permit means a RCRA permit issued under part 124, 
subpart G of this chapter and subpart J of this part authorizing the 
facility owner or operator to manage hazardous waste. The standardized 
permit may have two parts: A uniform portion issued in all cases and a 
supplemental portion issued at the Director's discretion.
    State means any of the 50 States, the District of Columbia, Guam, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.
    State Director means the chief administrative officer of any State 
agency operating an approved program, or the delegated representative of 
the State Director. If responsibility is divided among two or more State 
agencies, State Director means the chief administrative officer of the 
State agency authorized to perform the particular procedure or function 
to which reference is made.
    State/EPA Agreement means an agreement between the Regional 
Administrator and the State which coordinates EPA and State activities, 
responsibilities and programs.
    Storage means the holding of hazardous waste for a temporary period, 
at

[[Page 313]]

the end of which the hazardous waste is treated, disposed, or stored 
elsewhere.
    Transfer facility means any transportation-related facility 
including loading docks, parking areas, storage areas and other similar 
areas where shipments of hazardous waste are held during the normal 
course of transportation.
    Transporter means a person engaged in the off-site transportation of 
hazardous waste by air, rail, highway or water.
    Treatment means any method, technique, or process, including 
neutralization, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such 
wastes, or so as to recover energy or material resources from the waste, 
or so as to render such waste non-hazardous, or less hazardous; safer to 
transport, store, or dispose of; or amenable for recovery, amenable for 
storage, or reduced in volume.
    UIC means the Underground Injection Control Program under part C of 
the Safe Drinking Water Act, including an approved program.
    Underground injection means a well injection.
    Underground source of drinking water (USDW) means an aquifer or its 
portion:
    (a)(1) Which supplies any public water system; or
    (2) Which contains a sufficient quantity of ground water to supply a 
public water system; and
    (i) Currently supplies drinking water for human consumption; or
    (ii) Contains fewer than 10,000 mg/l total dissolved solids; and
    (b) Which is not an exempted aquifer.
    USDW means underground source of drinking water.
    Wastewater treatment unit means a device which:
    (a) Is part of a wastewater treatment facility which is subject to 
regulation under either section 402 or 307(b) of the Clean Water Act; 
and
    (b) Receives and treats or stores an influent wastewater which is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or generates 
and accumulates a wastewater treatment sludge which is a hazardous waste 
as defined in Sec. 261.3 of this chapter, or treats or stores a 
wastewater treatment sludge which is a hazardous waste as defined in 
Sec. 261.3 of this chapter; and
    (c) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 53 
FR 34087, Sept. 2, 1988; 53 FR 37935, Sept. 28, 1988; 58 FR 8685, Feb. 
16, 1993; 60 FR 33914, June 29, 1995; 60 FR 63433, Dec. 11, 1995; 63 FR 
65941, Nov. 30, 1998; 70 FR 53474, Sept. 8, 2005; 71 FR 40279, July 14, 
2006]



Sec. 270.3  Considerations under Federal law.

    The following is a list of Federal laws that may apply to the 
issuance of permits under these rules. When any of these laws is 
applicable, its procedures must be followed. When the applicable law 
requires consideration or adoption of particular permit conditions or 
requires the denial of a permit, those requirements also must be 
followed.
    (a) The Wild and Scenic Rivers Act. 16 U.S.C. 1273 et seq. Section 7 
of the Act prohibits the Regional Administrator from assisting by 
license or otherwise the construction of any water resources project 
that would have a direct, adverse effect on the values for which a 
national wild and scenic river was established.
    (b) The National Historic Preservation Act of 1966. 16 U.S.C. 470 et 
seq. Section 106 of the Act and implementing regulations (36 CFR part 
800) require the Regional Administrator, before issuing a license, to 
adopt measures when feasible to mitigate potential adverse effects of 
the licensed activity and properties listed or eligible for listing in 
the National Register of Historic Places. The Act's requirements are to 
be implemented in cooperation with State Historic Preservation Officers 
and upon notice to, and when appropriate, in consultation with the 
Advisory Council on Historic Preservation.
    (c) The Endangered Species Act. 16 U.S.C. 1531 et seq. Section 7 of 
the Act and implementing regulations (50 CFR part 402) require the 
Regional Administrator to ensure, in consultation with the Secretary of 
the Interior or Commerce, that any action authorized by EPA is not 
likely to jeopardize the continued existence of any endangered or

[[Page 314]]

threatened species or adversely affect its critical habitat.
    (d) The Coastal Zone Management Act. 16 U.S.C. 1451 et seq. Section 
307(c) of the Act and implementing regulations (15 CFR part 930) 
prohibit EPA from issuing a permit for an activity affecting land or 
water use in the coastal zone until the applicant certifies that the 
proposed activity complies with the State Coastal Zone Management 
program, and the State or its designated agency concurs with the 
certification (or the Secretary of Commerce overrides the State's 
nonconcurrence).
    (e) The Fish and Wildlife Coordination Act. 16 U.S.C. 661 et seq. 
requires that the Regional Administrator, before issuing a permit 
proposing or authorizing the impoundment (with certain exemptions), 
diversion, or other control or modification of any body of water, 
consult with the appropriate State agency exercising jurisdiction over 
wildlife resources to conserve those resources.
    (f) Executive orders. [Reserved]

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]



Sec. 270.4  Effect of a permit.

    (a)(1) Compliance with a RCRA permit during its term constitutes 
compliance, for purposes of enforcement, with subtitle C of RCRA except 
for those requirements not included in the permit which:
    (i) Become effective by statute;
    (ii) Are promulgated under part 268 of this chapter restricting the 
placement of hazardous wastes in or on the land;
    (iii) Are promulgated under part 264 of this chapter regarding leak 
detection systems for new and replacement surface impoundment, waste 
pile, and landfill units, and lateral expansions of surface impoundment, 
waste pile, and landfill units. The leak detection system requirements 
include double liners, CQA programs, monitoring, action leakage rates, 
and response action plans, and will be implemented through the 
procedures of Sec. 270.42 Class 1 permit modifications; or
    (iv) Are promulgated under subparts AA, BB, or CC of part 265 of 
this chapter limiting air emissions.
    (2) A permit may be modified, revoked and reissued, or terminated 
during its term for cause as set forth in Sec. Sec. 270.41 and 270.43, 
or the permit may be modified upon the request of the permittee as set 
forth in Sec. 270.42.
    (b) The issuance of a permit does not convey any property rights of 
any sort, or any exclusive privilege.
    (c) The issuance of a permit does not authorize any injury to 
persons or property or invasion of other private rights, or any 
infringement of State or local law or regulations.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59 
FR 62952, Dec. 6, 1994; 75 FR 13009, Mar. 18, 2010]



Sec. 270.5  Noncompliance and program reporting by the Director.

    The Director shall prepare quarterly and annual reports as detailed 
below. When the State is the permit-issuing authority, the State 
Director shall submit any reports required under this section to the 
Regional Administrator. When EPA is the permit-issuing authority, the 
Regional Administrator shall submit any report required under this 
section to EPA Headquarters. For purposes of this section only, RCRA 
permittees shall include RCRA interim status facilities, when 
appropriate.
    (a) Quarterly reports. The Director shall submit quarterly narrative 
reports for major facilities as follows:
    (1) Format. The report shall use the following format:
    (i) Information on noncompliance for each facility;
    (ii) Alphabetize by permittee name. When two or more permittees have 
the same name, the lowest permit number shall be entered first; and
    (iii) For each entry on the list, include the following information 
in the following order:
    (A) Name, location, and permit number of the noncomplying permittee.
    (B) A brief description and date of each instance of noncompliance 
for that permittee. Instances of noncompliance may include one or more 
of the kinds set forth in paragraph (a)(2)

[[Page 315]]

of this section. When a permittee has noncompliance of more than one 
kind, combine the information into a single entry for each such 
permittee.
    (C) The date(s) and a brief description of the action(s) taken by 
the Director to ensure compliance.
    (D) Status of the instance(s) of noncompliance with the date of the 
review of the status or the date of resolution.
    (E) Any details which tend to explain or mitigate the instance(s) of 
noncompliance.
    (2) Instances of noncompliance to be reported. Any instances of 
noncompliance within the following categories shall be reported in 
successive reports until the noncompliance is reported as resolved. Once 
noncompliance is reported as resolved it need not appear in subsequent 
reports.
    (i) Failure to complete construction elements. When the permittee 
has failed to complete, by the date specified in the permit, an element 
of a compliance schedule involving either planning for construction (for 
example, award of a contract, preliminary plans), or a construction step 
(for example, begin construction, attain operation level); and the 
permittee has not returned to compliance by accomplishing the required 
element of the schedule within 30 days from the date a compliance 
schedule report is due under the permit.
    (ii) Modifications to schedules of compliance. When a schedule of 
compliance in the permit has been modified under Sec. 270.41 or Sec. 
270.42 because of the permittee's noncompliance.
    (iii) Failure to complete or provide compliance schedule or 
monitoring reports. When the permittee has failed to complete or provide 
a report required in a permit compliance schedule (for example, progress 
report or notice of noncompliance or compliance) or a monitoring report; 
and the permittee has not submitted the complete report within 30 days 
from the date it is due under the permit for compliance schedules, or 
from the date specified in the permit for monitoring reports.
    (iv) Deficient reports. When the required reports provided by the 
permittee are so deficient as to cause misunderstanding by the Director 
and thus impede the review of the status of compliance.
    (v) Noncompliance with other permit requirements. Noncompliance 
shall be reported in the following circumstances:
    (A) Whenever the permittee has violated a permit requirement (other 
than reported under paragraph (a)(2)(i) or (ii) of this section), and 
has not returned to compliance within 45 days from the date reporting of 
noncompliance was due under the permit; or
    (B) When the Director determines that a pattern of noncompliance 
exists for a major facility permittee over the most recent four 
consecutive reporting periods. This pattern includes any violation of 
the same requirement in two consecutive reporting periods, and any 
violation of one or more requirements in each of four consecutive 
reporting periods; or
    (C) When the Director determines significant permit non-compliance 
or other significant event has occurred such as a fire or explosion or 
migration of fluids into a USDW.
    (vi) All other. Statistical information shall be reported quarterly 
on all other instances of noncompliance by major facilities with permit 
requirements not otherwise reported under paragraph (a) of this section.
    (b) Annual reports--(1) Annual noncompliance report. Statistical 
reports shall be submitted by the Director on nonmajor RCRA permittees 
indicating the total number reviewed, the number of noncomplying 
nonmajor permittees, the number of enforcement actions, and number of 
permit modifications extending compliance deadlines. The statistical 
information shall be organized to follow the types of noncompliance 
listed in paragraph (a) of this section.
    (2) In addition to the annual noncompliance report, the Director 
shall prepare a ``program report'' which contains information (in a 
manner and form prescribed by the Administrator) on generators and 
transporters and the permit status of regulated facilities. The Director 
shall also include, on a biennial basis, summary information on the 
quantities and types of hazardous wastes generated, transported, 
treated, stored and disposed during the preceding odd-numbered year. 
This summary information shall be reported in a manner and form 
prescribed by the

[[Page 316]]

Administrator and shall be reported according to EPA characteristics and 
lists of hazardous wastes at 40 CFR part 261.
    (c) Schedule. (1) For all quarterly reports. On the last working day 
of May, August, November, and February, the State Director shall submit 
to the Regional Administrator information concerning noncompliance with 
RCRA permit requirements by major facilities in the State in accordance 
with the following schedule. The Regional Administrator shall prepare 
and submit information for EPA-issued permits to EPA Headquarters in 
accordance with the same schedule.

    Quarters Covered by Reports on Noncompliance by Major Dischargers
                    [Date for completion of reports]
January, February, and March..............  \1\ May 31
April, May, and June......................  \1\ August 31
July, August, and September...............  \1\ November 30
October, November, and December...........  \1\ February 28
 
\1\ Reports must be made available to the public for inspection and
  copying on this date.


[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]



Sec. 270.6  References.

    (a) When used in part 270 of this chapter, the following 
publications are incorporated by reference. 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 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 
National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; 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. 
270.24 and 270.25.
    (2) [Reserved]

[70 FR 59576, Oct. 12, 2005]



                      Subpart B_Permit Application



Sec. 270.10  General application requirements.

    (a) Applying for a permit. Below is information on how to obtain a 
permit and where to find requirements for specific permits:
    (1) If you are covered by RCRA permits by rule (Sec. 270.60), you 
need not apply.
    (2) If you currently have interim status, you must apply for permits 
when required by the Director.
    (3) If you are required to have a permit (including new applicants 
and permittees with expiring permits), you must complete, sign, and 
submit an application to the Director, as described in this section and 
Sec. Sec. 270.70 through 270.73.
    (4) If you are seeking an emergency permit, the procedures for 
application, issuance, and administration are found exclusively in Sec. 
270.61.
    (5) If you are seeking a research, development, and demonstration 
permit, the procedures for application, issuance, and administration are 
found exclusively in Sec. 270.65.
    (6) If you are seeking a standardized permit, the procedures for 
application and issuance are found in part 124, subpart G of this 
chapter and subpart J of this part.
    (b) Who applies? When a facility or activity is owned by one person 
but is operated by another person, it is the operator's duty to obtain a 
permit, except that the owner must also sign the permit application.
    (c) Completeness. The Director shall not issue a permit before 
receiving a complete application for a permit except for permits by 
rule, or emergency permits. An application for a permit is complete when 
the Director receives an application form and any supplemental 
information which are completed to his

[[Page 317]]

satisfaction. An application for a permit is complete notwithstanding 
the failure of the owner or operator to submit the exposure information 
described in paragraph (j) of this section. The Director may deny a 
permit for the active life of a hazardous waste management facility or 
unit before receiving a complete application for a permit.
    (d) Information requirements. All applicants for RCRA permits shall 
provide information set forth in Sec. 270.13 and applicable sections in 
Sec. Sec. 270.14 through 270.29 to the Director, using the application 
form provided by the Director.
    (e) Existing HWM facilities and interim status qualifications. (1) 
Owners and operators of existing hazardous waste management facilities 
or of hazardous waste management facilities in existence on the 
effective date of statutory or regulatory amendments under the act that 
render the facility subject to the requirement to have a RCRA permit 
must submit part A of their permit application no later than:
    (i) Six months after the date of publication of regulations which 
first require them to comply with the standards set forth in 40 CFR part 
265 or 266, or
    (ii) Thirty days after the date they first become subject to the 
standards set forth in 40 CFR part 265 or 266, whichever first occurs.
    (iii) For generators generating greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and treats, 
stores, or disposes of these wastes on-site, by March 24, 1987.

    Note: For facilities which must comply with part 265 because they 
handle a waste listed in EPA's May 19, 1980, part 261 regulations (45 FR 
33006 et seq.), the deadline for submitting an application is November 
19, 1980. Where other existing facilities must begin in complying with 
part 265 or 266 at a later date because of revisions to part 260, 261, 
265, or 266, the Administrator will specify in the preamble to those 
revisions when those facilities must submit a permit application.

    (2) The Administrator may by publication in the Federal Register 
extend the date by which owners and operators of specified classes of 
existing hazardous waste management facilities must submit part A of 
their permit application if he finds that (i) there has been substantial 
confusion as to whether the owners and operators of such facilities were 
required to file a permit application and (ii) such confusion is 
attributed to ambiguities in EPA's parts 260, 261, 265, or 266 
regulations.
    (3) The Administrator may by compliance order issued under section 
3008 of RCRA extend the date by which the owner and operator of an 
existing hazardous waste management facility must submit part A of their 
permit application.
    (4) The owner or operator of an existing hazardous waste management 
facility may be required to submit part B of their permit application. 
The State Director may require submission of part B (or equivalent 
completion of the State RCRA application process) if the State in which 
the facility is located has received interim or final authorization; if 
not, the Regional Administrator may require submission of Part B. Any 
owner or operator shall be allowed at least six months from the date of 
request to submit part B of the application. Any owner or operator of an 
existing hazardous waste management facility may voluntarily submit part 
B of the application at any time. Notwithstanding the above, any owner 
or operator of an existing hazardous waste management facility must 
submit a part B permit application in accordance with the dates 
specified in Sec. 270.73. Any owner or operator of a land disposal 
facility in existence on the effective date of statutory or regulatory 
amendments under this Act that render the facility subject to the 
requirement to have a RCRA permit must submit a part B application in 
accordance with the dates specified in Sec. 270.73.
    (5) Failure to furnish a requested part B application on time, or to 
furnish in full the information required by the part B application, is 
grounds for termination of interim status under part 124.
    (f) New HWM facilities. (1) Except as provided in paragraph (f)(3) 
of this section, no person shall begin physical construction of a new 
HWM facility without having submitted parts A and B of the permit 
application and having received a finally effective RCRA permit.

[[Page 318]]

    (2) An application for a permit for a new hazardous waste management 
facility (including both Parts A and B) may be filed any time after 
promulgation of those standards in part 264, subpart I et seq. 
applicable to such facility. The application shall be filed with the 
Regional Administrator if at the time of application the State in which 
the new hazardous waste management facility is proposed to be located 
has not received interim or final authorization for permitting such 
facility; otherwise it shall be filed with the State Director. Except as 
provided in paragraph (f)(3) of this section, all applications must be 
submitted at least 180 days before physical construction is expected to 
commence.
    (3) Notwithstanding paragraph (f)(1) of this section, a person may 
construct a facility for the incineration of polychlorinated biphenyls 
pursuant to an approval issued by the Administrator under section (6)(e) 
of the Toxic Substances Control Act and any person owning or operating 
such a facility may, at any time after construction or operation of such 
facility has begun, file an application for a RCRA permit to incinerate 
hazardous waste authorizing such facility to incinerate waste identified 
or listed under Subtitle C of RCRA.
    (g) Updating permit applications. (1) If any owner or operator of a 
hazardous waste management facility has filed Part A of a permit 
application and has not yet filed part B, the owner or operator shall 
file an amended part A application:
    (i) With the Regional Administrator if the facility is located in a 
State which has not obtained interim authorization or final 
authorization, within six months after the promulgation of revised 
regulations under part 261 listing or identifying additional hazardous 
wastes, if the facility is treating, storing or disposing of any of 
those newly listed or identified wastes.
    (ii) With the State Director, if the facility is located in a State 
which has obtained interim authorization or final authorization, no 
later than the effective date of regulatory provisions listing or 
designating wastes as hazardous in that State in addition to those 
listed or designated under the previously approved State program, if the 
facility is treating, storing or disposing of any of those newly listed 
or designated wastes; or
    (iii) As necessary to comply with provisions of Sec. 270.72 for 
changes during interim status or with the analogous provisions of a 
State program approved for final authorization or interim authorization. 
Revised Part A applications necessary to comply with the provisions of 
Sec. 270.72 shall be filed with the Regional Administrator if the State 
in which the facility in question is located does not have interim 
authorization or final authorization; otherwise it shall be filed with 
the State Director (if the State has an analogous provision).
    (2) The owner or operator of a facility who fails to comply with the 
updating requirements of paragraph (g)(1) of this section does not 
receive interim status as to the wastes not covered by duly filed part A 
applications.
    (h) Reapplying for a permit. If you have an effective permit and you 
want to reapply for a new one, you have two options:
    (1) You may submit a new application at least 180 days before the 
expiration date of the effective permit, unless the Director allows a 
later date; or
    (2) If you intend to be covered by a standardized permit, you may 
submit a Notice of Intent as described in Sec. 270.51(e)(1) at least 
180 days before the expiration date of the effective permit, unless the 
Director allows a later date. The Director may not allow you to submit 
applications or Notices of Intent later than the expiration date of the 
existing permit, except as allowed by Sec. 270.51(e)(2).
    (i) Recordkeeping. Applicants shall keep records of all data used to 
complete permit applications and any supplemental information submitted 
under Sec. Sec. 270.10(d), 270.13, 270.14 through 270.21 for a period 
of at least 3 years from the date the application is signed.
    (j) Exposure information. (1) After August 8, 1985, any part B 
permit application submitted by an owner or operator of a facility that 
stores, treats, or disposes of hazardous waste in a surface impoundment 
or a landfill must be accompanied by information, reasonably 
ascertainable by the owner or operator,

[[Page 319]]

on the potential for the public to be exposed to hazardous wastes or 
hazardous constituents through releases related to the unit. At a 
minimum, such information must address:
    (i) Reasonably foreseeable potential releases from both normal 
operations and accidents at the unit, including releases associated with 
transportation to or from the unit;
    (ii) The potential pathways of human exposure to hazardous wastes or 
constituents resulting from the releases described under paragraph 
(j)(1)(i) of this section; and
    (iii) The potential magnitude and nature of the human exposure 
resulting from such releases.
    (2) By August 8, 1985, owners and operators of a landfill or a 
surface impoundment who have already submitted a part B application must 
submit the exposure information required in paragraph (j)(1) of this 
section.
    (k) The Director may require a permittee or an applicant to submit 
information in order to establish permit conditions under Sec. Sec. 
270.32(b)(2) and 270.50(d) of this chapter.
    (l) If the Director concludes, based on one or more of the factors 
listed in paragraph (l)(1) of this section that compliance with the 
standards of 40 CFR part 63, subpart EEE alone may not be protective of 
human health or the environment, the Director shall require the 
additional information or assessment(s) necessary to determine whether 
additional controls are necessary to ensure protection of human health 
and the environment. This includes information necessary to evaluate the 
potential risk to human health and/or the environment resulting from 
both direct and indirect exposure pathways. The Director may also 
require a permittee or applicant to provide information necessary to 
determine whether such an assessment(s) should be required.
    (1) The Director shall base the evaluation of whether compliance 
with the standards of 40 CFR part 63, subpart EEE alone is protective of 
human health or the environment on factors relevant to the potential 
risk from a hazardous waste combustion unit, including, as appropriate, 
any of the following factors:
    (i) Particular site-specific considerations such as proximity to 
receptors (such as schools, hospitals, nursing homes, day care centers, 
parks, community activity centers, or other potentially sensitive 
receptors), unique dispersion patterns, etc.;
    (ii) Identities and quantities of emissions of persistent, 
bioaccumulative or toxic pollutants considering enforceable controls in 
place to limit those pollutants;
    (iii) Identities and quantities of nondioxin products of incomplete 
combustion most likely to be emitted and to pose significant risk based 
on known toxicities (confirmation of which should be made through 
emissions testing);
    (iv) Identities and quantities of other off-site sources of 
pollutants in proximity of the facility that significantly influence 
interpretation of a facility-specific risk assessment;
    (v) Presence of significant ecological considerations, such as the 
proximity of a particularly sensitive ecological area;
    (vi) Volume and types of wastes, for example wastes containing 
highly toxic constituents;
    (vii) Other on-site sources of hazardous air pollutants that 
significantly influence interpretation of the risk posed by the 
operation of the source in question;
    (viii) Adequacy of any previously conducted risk assessment, given 
any subsequent changes in conditions likely to affect risk; and
    (ix) Such other factors as may be appropriate.
    (2) [Reserved]

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 28751, July 15, 1985; 51 FR 10176, Mar. 24, 1986; 52 FR 45799, Dec. 
1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995; 70 FR 
53474, Sept. 8, 2005; 70 FR 59576, Oct. 12, 2005; 71 FR 40279, July 14, 
2006]



Sec. 270.11  Signatories to permit applications and reports.

    (a) Applications. All permit applications shall be signed as 
follows:
    (1) For a corporation: By a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means (i) A 
president, secretary,

[[Page 320]]

treasurer, or vice-president of the corporation in charge of a principal 
business function, or any other person who performs similar policy- or 
decisionmaking functions for the corporation, or (ii) the manager of one 
or more manufacturing, production or operating facilities employing more 
than 250 persons or having gross annual sales or expenditures exceeding 
$25 million (in second-quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.

    Note: EPA does not require specific assignments or delegations of 
authority to responsible corporate officers identified in Sec. 
270.11(a)(1)(i). The Agency will presume that these responsible 
corporate officers have the requisite authority to sign permit 
applications unless the corporation has notified the Director to the 
contrary. Corporate procedures governing authority to sign permit 
applications may provide for assignment or delegation to applicable 
corporate positions under Sec. 270.11(a)(1)(ii) rather than to specific 
individuals.

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

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

    (2) For remedial action plans (RAPs) under subpart H of this part, 
if the operator certifies according to paragraph (d)(1) of this section, 
then the owner may choose to make the following certification instead of 
the certification in paragraph (d)(1) of this section:

    Based on my knowledge of the conditions of the property described in 
the RAP and my inquiry of the person or persons who manage the system 
referenced in the operator's certification, or those persons directly 
responsible for gathering the information, the information submitted is, 
to the best of my knowledge and belief, true, accurate, and

[[Page 321]]

complete. I am aware that there are significant penalties for submitting 
false information, including the possibility of fine and imprisonment 
for knowing violations.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63 
FR 65941, Nov. 30, 1998; 71 FR 40279, July 14, 2006]



Sec. 270.12  Confidentiality of information.

    (a) In accordance with 40 CFR part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in the 
case of other submissions, by stamping the words ``confidential business 
information'' on each page containing such information. If no claim is 
made at the time of submission, EPA may make the information available 
to the public without further notice. If a claim is asserted, the 
information will be treated in accordance with the procedures in 40 CFR 
part 2 (Public Information).
    (b) Claims of confidentiality for the name and address of any permit 
applicant or permittee will be denied.



Sec. 270.13  Contents of part A of the permit application.

    Part A of the RCRA application shall include the following 
information:
    (a) The activities conducted by the applicant which require it to 
obtain a permit under RCRA.
    (b) Name, mailing address, and location, including latitude and 
longitude of the facility for which the application is submitted.
    (c) Up to four SIC codes which best reflect the principal products 
or services provided by the facility.
    (d) The operator's name, address, telephone number, ownership 
status, and status as Federal, State, private, public, or other entity.
    (e) The name, address, and phone number of the owner of the 
facility.
    (f) Whether the facility is located on Indian lands.
    (g) An indication of whether the facility is new or existing and 
whether it is a first or revised application.
    (h) For existing facilities, (1) a scale drawing of the facility 
showing the location of all past, present, and future treatment, 
storage, and disposal areas; and (2) photographs of the facility clearly 
delineating all existing structures; existing treatment, storage, and 
disposal areas; and sites of future treatment, storage, and disposal 
areas.
    (i) A description of the processes to be used for treating, storing, 
and disposing of hazardous waste, and the design capacity of these 
items.
    (j) A specification of the hazardous wastes listed or designated 
under 40 CFR part 261 to be treated, stored, or disposed of at the 
facility, an estimate of the quantity of such wastes to be treated, 
stored, or disposed annually, and a general description of the processes 
to be used for such wastes.
    (k) A listing of all permits or construction approvals received or 
applied for under any of the following programs:
    (1) Hazardous Waste Management program under RCRA.
    (2) UIC program under the SWDA.
    (3) NPDES program under the CWA.
    (4) Prevention of Significant Deterioration (PSD) program under the 
Clean Air Act.
    (5) Nonattainment program under the Clean Air Act.
    (6) National Emission Standards for Hazardous Pollutants (NESHAPS) 
preconstruction approval under the Clean Air Act.
    (7) Ocean dumping permits under the Marine Protection Research and 
Sanctuaries Act.
    (8) Dredge or fill permits under section 404 of the CWA.
    (9) Other relevant environmental permits, including State permits.
    (l) A topographic map (or other map if a topographic map is 
unavailable) extending one mile beyond the property boundaries of the 
source, depicting the facility and each of its intake and discharge 
structures; each of its hazardous waste treatment, storage, or disposal 
facilities; each well where fluids from the facility are injected 
underground; and those wells, springs,

[[Page 322]]

other surface water bodies, and drinking water wells listed in public 
records or otherwise known to the applicant within \1/4\ mile of the 
facility property boundary.
    (m) A brief description of the nature of the business.
    (n) For hazardous debris, a description of the debris category(ies) 
and contaminant category(ies) to be treated, stored, or disposed of at 
the facility.

[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 
FR 40279, July 14, 2006]



Sec. 270.14  Contents of part B: General requirements.

    (a) Part B of the permit application consists of the general 
information requirements of this section, and the specific information 
requirements in Sec. Sec. 0.14 through 270.29 applicable to the 
facility. The part B information requirements presented in Sec. Sec. 
270.14 through 270.29 reflect the standards promulgated in 40 CFR part 
264. These information requirements are necessary in order for EPA to 
determine compliance with the part 264 standards. If owners and 
operators of HWM facilities can demonstrate that the information 
prescribed in part B can not be provided to the extent required, the 
Director may make allowance for submission of such information on a 
case-by-case basis. Information required in part B shall be submitted to 
the Director and signed in accordance with the requirements in Sec. 
270.11. Certain technical data, such as design drawings and 
specifications, and engineering studies shall be certified by a 
qualified Professional Engineer. For post-closure permits, only the 
information specified in Sec. 270.28 is required in part B of the 
permit application.
    (b) General information requirements. The following information is 
required for all HWM facilities, except as Sec. 264.1 provides 
otherwise:
    (1) A general description of the facility.
    (2) Chemical and physical analyses of the hazardous waste and 
hazardous debris to be handled at the facility. At a minimum, these 
analyses shall contain all the information which must be known to treat, 
store, or dispose of the wastes properly in accordance with part 264 of 
this chapter.
    (3) A copy of the waste analysis plan required by Sec. 264.13(b) 
and, if applicable Sec. 264.13(c).
    (4) A description of the security procedures and equipment required 
by Sec. 264.14, or a justification demonstrating the reasons for 
requesting a waiver of this requirement.
    (5) A copy of the general inspection schedule required by Sec. 
264.15(b) of this part. Include where applicable, as part of the 
inspection schedule, specific requirements in Sec. Sec. 264.174, 
264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 
264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, 
and 264.1088 of this part.
    (6) A justification of any request for a waiver(s) of the 
preparedness and prevention requirements of part 264, subpart C.
    (7) A copy of the contingency plan required by part 264, subpart D. 
Note: Include, where applicable, as part of the contingency plan, 
specific requirements in Sec. Sec. 264.227, 264.255, and 264.200.
    (8) A description of procedures, structures, or equipment used at 
the facility to:
    (i) Prevent hazards in unloading operations (for example, ramps, 
special forklifts);
    (ii) Prevent runoff from hazardous waste handling areas to other 
areas of the facility or environment, or to prevent flooding (for 
example, berms, dikes, trenches);
    (iii) Prevent contamination of water supplies;
    (iv) Mitigate effects of equipment failure and power outages;
    (v) Prevent undue exposure of personnel to hazardous waste (for 
example, protective clothing); and
    (vi) Prevent releases to atmosphere.
    (9) A description of precautions to prevent accidental ignition or 
reaction of ignitable, reactive, or incompatible wastes as required to 
demonstrate compliance with Sec. 264.17 including documentation 
demonstrating compliance with Sec. 264.17(c).
    (10) Traffic pattern, estimated volume (number, types of vehicles) 
and control (for example, show turns across

[[Page 323]]

traffic lanes, and stacking lanes (if appropriate); describe access road 
surfacing and load bearing capacity; show traffic control signals).
    (11) Facility location information;
    (i) In order to determine the applicability of the seismic standard 
[Sec. 264.18(a)] the owner or operator of a new facility must identify 
the political jurisdiction (e.g., county, township, or election 
district) in which the facility is proposed to be located.

[Comment: If the county or election district is not listed in appendix 
VI of part 264, no further information is required to demonstrate 
compliance with Sec. 264.18(a).]

    (ii) If the facility is proposed to be located in an area listed in 
appendix VI of part 264, the owner or operator shall demonstrate 
compliance with the seismic standard. This demonstration may be made 
using either published geologic data or data obtained from field 
investigations carried out by the applicant. The information provided 
must be of such quality to be acceptable to geologists experienced in 
identifying and evaluating seismic activity. The information submitted 
must show that either:
    (A) No faults which have had displacement in Holocene time are 
present, or no lineations which suggest the presence of a fault (which 
have displacement in Holocene time) within 3,000 feet of a facility are 
present, based on data from:
    (1) Published geologic studies,
    (2) Aerial reconnaissance of the area within a five-mile radius from 
the facility.
    (3) An analysis of aerial photographs covering a 3,000 foot radius 
of the facility, and
    (4) If needed to clarify the above data, a reconnaissance based on 
walking portions of the area within 3,000 feet of the facility, or
    (B) If faults (to include lineations) which have had displacement in 
Holocene time are present within 3,000 feet of a facility, no faults 
pass within 200 feet of the portions of the facility where treatment, 
storage, or disposal of hazardous waste will be conducted, based on data 
from a comprehensive geologic analysis of the site. Unless a site 
analysis is otherwise conclusive concerning the absence of faults within 
200 feet of such portions of the facility data shall be obtained from a 
subsurface exploration (trenching) of the area within a distance no less 
than 200 feet from portions of the facility where treatment, storage, or 
disposal of hazardous waste will be conducted. Such trenching shall be 
performed in a direction that is perpendicular to known faults (which 
have had displacement in Holocene time) passing within 3,000 feet of the 
portions of the facility where treatment, storage, or disposal of 
hazardous waste will be conducted. Such investigation shall document 
with supporting maps and other analyses, the location of faults found.

[Comment: The Guidance Manual for the Location Standards provides 
greater detail on the content of each type of seismic investigation and 
the appropriate conditions under which each approach or a combination of 
approaches would be used.]

    (iii) Owners and operators of all facilities shall provide an 
identification of whether the facility is located within a 100-year 
floodplain. This identification must indicate the source of data for 
such determination and include a copy of the relevant Federal Insurance 
Administration (FIA) flood map, if used, or the calculations and maps 
used where an FIA map is not available. Information shall also be 
provided identifying the 100-year flood level and any other special 
flooding factors (e.g., wave action) which must be considered in 
designing, constructing, operating, or maintaining the facility to 
withstand washout from a 100-year flood.

[Comment: Where maps for the National Flood Insurance Program produced 
by the Federal Insurance Administration (FIA) of the Federal Emergency 
Management Agency are available, they will normally be determinative of 
whether a facility is located within or outside of the 100-year 
floodplain. However, where the FIA map excludes an area (usually areas 
of the floodplain less than 200 feet in width), these areas must be 
considered and a determination made as to whether they are in the 100-
year floodplain. Where FIA maps are not available for a proposed 
facility location, the owner or operator must use equivalent mapping 
techniques to determine whether the facility is within the 100-year 
floodplain, and if so located, what the 100-year flood elevation would 
be.]


[[Page 324]]


    (iv) Owners and operators of facilities located in the 100-year 
floodplain must provide the following information:
    (A) Engineering analysis to indicate the various hydrodynamic and 
hydrostatic forces expected to result at the site as consequence of a 
100-year flood.
    (B) Structural or other engineering studies showing the design of 
operational units (e.g., tanks, incinerators) and flood protection 
devices (e.g., floodwalls, dikes) at the facility and how these will 
prevent washout.
    (C) If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B) 
of this section, a detailed description of procedures to be followed to 
remove hazardous waste to safety before the facility is flooded, 
including:
    (1) Timing of such movement relative to flood levels, including 
estimated time to move the waste, to show that such movement can be 
completed before floodwaters reach the facility.
    (2) A description of the location(s) to which the waste will be 
moved and demonstration that those facilities will be eligible to 
receive hazardous waste in accordance with the regulations under parts 
270, 271, 124, and 264 through 266 of this chapter.
    (3) The planned procedures, equipment, and personnel to be used and 
the means to ensure that such resources will be available in time for 
use.
    (4) The potential for accidental discharges of the waste during 
movement.
    (v) Existing facilities NOT in compliance with Sec. 264.18(b) shall 
provide a plan showing how the facility will be brought into compliance 
and a schedule for compliance.
    (12) An outline of both the introductory and continuing training 
programs by owners or operators to prepare persons to operate or 
maintain the HWM facility in a safe manner as required to demonstrate 
compliance with Sec. 264.16. A brief description of how training will 
be designed to meet actual job tasks in accordance with requirements in 
Sec. 264.16(a)(3).
    (13) A copy of the closure plan and, where applicable, the post-
closure plan required by Sec. Sec. 264.112, 264.118, and 264.197. 
Include, where applicable, as part of the plans, specific requirements 
in Sec. Sec. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 
264.351, 264.601, and 264.603.
    (14) For hazardous waste disposal units that have been closed, 
documentation that notices required under Sec. 264.119 have been filed.
    (15) The most recent closure cost estimate for the facility prepared 
in accordance with Sec. 264.142 and a copy of the documentation 
required to demonstrate financial assurance under Sec. 264.143. For a 
new facility, a copy of the required documentation may be submitted 60 
days prior to the initial receipt of hazardous wastes, if that is later 
than the submission of the part B.
    (16) Where applicable, the most recent post-closure cost estimate 
for the facility prepared in accordance with Sec. 264.144 plus a copy 
of the documentation required to demonstrate financial assurance under 
Sec. 264.145. For a new facility, a copy of the required documentation 
may be submitted 60 days prior to the initial receipt of hazardous 
wastes, if that is later than the submission of the part B.
    (17) Where applicable, a copy of the insurance policy or other 
documentation which comprises compliance with the requirements of Sec. 
264.147. For a new facility, documentation showing the amount of 
insurance meeting the specification of Sec. 264.147(a) and, if 
applicable, Sec. 264.147(b), that the owner or operator plans to have 
in effect before initial receipt of hazardous waste for treatment, 
storage, or disposal. A request for a variance in the amount of required 
coverage, for a new or existing facility, may be submitted as specified 
in Sec. 264.147(c).
    (18) Where appropriate, proof of coverage by a State financial 
mechanism in compliance with Sec. 264.149 or Sec. 264.150.
    (19) A topographic map showing a distance of 1,000 feet around the 
facility at a scale of 2.5 centimeters (1 inch) equal to not more than 
61.0 meters (200 feet). Contours must be shown on the map. The contour 
interval must be sufficient to clearly show the pattern of surface water 
flow in the vicinity of and from each operational unit of the facility. 
For example, contours with an interval of 1.5 meters (5 feet), if relief 
is greater than 6.1 meters (20 feet), or

[[Page 325]]

an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters 
(20 feet). Owners and operators of HWM facilities located in mountainous 
areas should use large contour intervals to adequately show topographic 
profiles of facilities. The map shall clearly show the following:
    (i) Map scale and date.
    (ii) 100-year floodplain area.
    (iii) Surface waters including intermittent streams.
    (iv) Surrounding land uses (residential, commercial, agricultural, 
recreational).
    (v) A wind rose (i.e., prevailing wind-speed and direction).
    (vi) Orientation of the map (north arrow).
    (vii) Legal boundaries of the HWM facility site.
    (viii) Access control (fences, gates).
    (ix) Injection and withdrawal wells both on-site and off-site.
    (x) Buildings; treatment, storage, or disposal operations; or other 
structure (recreation areas, runoff control systems, access and internal 
roads, storm, sanitary, and process sewerage systems, loading and 
unloading areas, fire control facilities, etc.)
    (xi) Barriers for drainage or flood control.
    (xii) Location of operational units within the HWM facility site, 
where hazardous waste is (or will be) treated, stored, or disposed 
(include equipment cleanup areas).

    Note: For large HWM facilities the Agency will allow the use of 
other scales on a case-by-case basis.

    (20) Applicants may be required to submit such information as may be 
necessary to enable the Regional Administrator to carry out his duties 
under other Federal laws as required in Sec. 270.3 of this part.
    (21) For land disposal facilities, if a case-by-case extension has 
been approved under Sec. 268.5 or a petition has been approved under 
Sec. 268.6, a copy of the notice of approval for the extension or 
petition is required.
    (22) A summary of the pre-application meeting, along with a list of 
attendees and their addresses, and copies of any written comments or 
materials submitted at the meeting, as required under Sec. 124.31(c).
    (c) Additional information requirements. The following additional 
information regarding protection of groundwater is required from owners 
or operators of hazardous waste facilities containing a regulated unit 
except as provided in Sec. 264.90(b) of this chapter:
    (1) A summary of the ground-water monitoring data obtained during 
the interim status period under Sec. Sec. 265.90 through 265.94, where 
applicable.
    (2) Identification of the uppermost aquifer and aquifers 
hydraulically interconnected beneath the facility property, including 
ground-water flow direction and rate, and the basis for such 
identification (i.e., the information obtained from hydrogeologic 
investigations of the facility area).
    (3) On the topographic map required under paragraph (b)(19) of this 
section, a delineation of the waste management area, the property 
boundary, the proposed ``point of compliance'' as defined under Sec. 
264.95, the proposed location of ground-water monitoring wells as 
required under Sec. 264.97, and, to the extent possible, the 
information required in paragraph (c)(2) of this section.
    (4) A description of any plume of contamination that has entered the 
ground water from a regulated unit at the time that the application was 
submitted that:
    (i) Delineates the extent of the plume on the topographic map 
required under paragraph (b)(19) of this section;
    (ii) Identifies the concentration of each appendix IX, of part 264 
of this chapter, constituent throughout the plume or identifies the 
maximum concentrations of each appendix IX constituent in the plume.
    (5) Detailed plans and an engineering report describing the proposed 
ground water monitoring program to be implemented to meet the 
requirements of Sec. 264.97.
    (6) If the presence of hazardous constituents has not been detected 
in the ground water at the time of permit application, the owner or 
operator must submit sufficient information, supporting data, and 
analyses to establish a detection monitoring program which meets the 
requirements of Sec. 264.98. This submission must address the following 
items specified under Sec. 264.98:

[[Page 326]]

    (i) A proposed list of indicator parameters, waste constituents, or 
reaction products that can provide a reliable indication of the presence 
of hazardous constituents in the ground water;
    (ii) A proposed ground-water monitoring system;
    (iii) Background values for each proposed monitoring parameter or 
constituent, or procedures to calculate such values; and
    (iv) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (7) If the presence of hazardous constituents has been detected in 
the ground water at the point of compliance at the time of the permit 
application, the owner or operator must submit sufficient information, 
supporting data, and analyses to establish a compliance monitoring 
program which meets the requirements of Sec. 264.99. Except as provided 
in Sec. 264.98(h)(5), the owner or operator must also submit an 
engineering feasibility plan for a corrective action program necessary 
to meet the requirements of Sec. 264.100, unless the owner or operator 
obtains written authorization in advance from the Regional Administrator 
to submit a proposed permit schedule for submittal of such a plan. To 
demonstrate compliance with Sec. 264.99, the owner or operator must 
address the following items:
    (i) A description of the wastes previously handled at the facility;
    (ii) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (iii) A list of hazardous constituents for which compliance 
monitoring will be undertaken in accordance with Sec. Sec. 264.97 and 
264.99;
    (iv) Proposed concentration limits for each hazardous constituent, 
based on the criteria set forth in Sec. 264.94(a), including a 
justification for establishing any alternate concentration limits;
    (v) Detailed plans and an engineering report describing the proposed 
ground-water monitoring system, in accordance with the requirements of 
Sec. 264.97; and
    (vi) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (8) If hazardous constituents have been measured in the ground water 
which exceed the concentration limits established under Sec. 264.94 
Table 1, or if ground water monitoring conducted at the time of permit 
application under Sec. Sec. 265.90 through 265.94 at the waste boundary 
indicates the presence of hazardous constituents from the facility in 
ground water over background concentrations, the owner or operator must 
submit sufficient information, supporting data, and analyses to 
establish a corrective action program which meets the requirements of 
Sec. 264.100. However, an owner or operator is not required to submit 
information to establish a corrective action program if he demonstrates 
to the Regional Administrator that alternate concentration limits will 
protect human health and the environment after considering the criteria 
listed in Sec. 264.94(b). An owner or operator who is not required to 
establish a corrective action program for this reason must instead 
submit sufficient information to establish a compliance monitoring 
program which meets the requirements of Sec. 264.99 and paragraph 
(c)(6) of this section. To demonstrate compliance with Sec. 264.100, 
the owner or operator must address, at a minimum, the following items:
    (i) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (ii) The concentration limit for each hazardous constituent found in 
the ground water as set forth in Sec. 264.94;
    (iii) Detailed plans and an engineering report describing the 
corrective action to be taken; and
    (iv) A description of how the ground-water monitoring program will 
demonstrate the adequacy of the corrective action.
    (v) The permit may contain a schedule for submittal of the 
information required in paragraphs (c)(8) (iii) and (iv) provided the 
owner or operator obtains written authorization from the Regional 
Administrator prior to submittal of the complete permit application.

[[Page 327]]

    (d) Information requirements for solid waste management units. (1) 
The following information is required for each solid waste management 
unit at a facility seeking a permit:
    (i) The location of the unit on the topographic map required under 
paragraph (b)(19) of this section.
    (ii) Designation of type of unit.
    (iii) General dimensions and structural description (supply any 
available drawings).
    (iv) When the unit was operated.
    (v) Specification of all wastes that have been managed at the unit, 
to the extent available.
    (2) The owner or operator of any facility containing one or more 
solid waste management units must submit all available information 
pertaining to any release of hazardous wastes or hazardous constituents 
from such unit or units.
    (3) The owner/operator must conduct and provide the results of 
sampling and analysis of groundwater, landsurface, and subsurface 
strata, surface water, or air, which may include the installation of 
wells, where the Director ascertains it is necessary to complete a RCRA 
Facility Assessment that will determine if a more complete investigation 
is necessary.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 
270.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 270.15  Specific part B information requirements for containers.

    Except as otherwise provided in Sec. 264.170, owners or operators 
of facilities that store containers of hazardous waste must provide the 
following additional information:
    (a) A description of the containment system to demonstrate 
compliance with Sec. 264.175. Show at least the following:
    (1) Basic design parameters, dimensions, and materials of 
construction.
    (2) How the design promotes drainage or how containers are kept from 
contact with standing liquids in the containment system.
    (3) Capacity of the containment system relative to the number and 
volume of containers to be stored.
    (4) Provisions for preventing or managing run-on.
    (5) How accumulated liquids can be analyzed and removed to prevent 
overflow.
    (b) For storage areas that store containers holding wastes that do 
not contain free liquids, a demonstration of compliance with Sec. 
264.175(c), including:
    (1) Test procedures and results or other documentation or 
information to show that the wastes do not contain free liquids; and
    (2) A description of how the storage area is designed or operated to 
drain and remove liquids or how containers are kept from contact with 
standing liquids.
    (c) Sketches, drawings, or data demonstrating compliance with Sec. 
264.176 (location of buffer zone and containers holding ignitable or 
reactive wastes) and Sec. 264.177(c) (location of incompatible wastes), 
where applicable.
    (d) Where incompatible wastes are stored or otherwise managed in 
containers, a description of the procedures used to ensure compliance 
with Sec. Sec. 264.177 (a) and (b), and 264.17 (b) and (c).
    (e) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, 
Dec. 6, 1994]



Sec. 270.16  Specific part B information requirements for tank systems.

    Except as otherwise provided in Sec. 264.190, owners and operators 
of facilities that use tanks to store or treat hazardous waste must 
provide the following additional information:
    (a) A written assessment that is reviewed and certified by a 
qualified Professional Engineer as to the structural integrity and 
suitability for handling hazardous waste of each tank system, as 
required under Sec. Sec. 264.191 and 264.192 of this chapter;
    (b) Dimensions and capacity of each tank;
    (c) Description of feed systems, safety cutoff, bypass systems, and 
pressure controls (e.g., vents);

[[Page 328]]

    (d) A diagram of piping, instrumentation, and process flow for each 
tank system;
    (e) A description of materials and equipment used to provide 
external corrosion protection, as required under Sec. 
264.192(a)(3)(ii);
    (f) For new tank systems, a detailed description of how the tank 
system(s) will be installed in compliance with Sec. 264.192 (b), (c), 
(d), and (e);
    (g) Detailed plans and description of how the secondary containment 
system for each tank system is or will be designed, constructed, and 
operated to meet the requirements of Sec. 264.193 (a), (b), (c), (d), 
(e), and (f);
    (h) For tank systems for which a variance from the requirements of 
Sec. 264.193 is sought (as provided by Sec. Sec. 264.193(g)):
    (1) Detailed plans and engineering and hydrogeologic reports, as 
appropriate, describing alternate design and operating practices that 
will, in conjunction with location aspects, prevent the migration of any 
hazardous waste or hazardous constituents into the ground water or 
surface water during the life of the facility, or
    (2) A detailed assessment of the substantial present or potential 
hazards posed to human health or the environment should a release enter 
the environment.
    (i) Description of controls and practices to prevent spills and 
overflows, as required under Sec. 264.194(b); and
    (j) For tank systems in which ignitable, reactive, or incompatible 
wastes are to be stored or treated, a description of how operating 
procedures and tank system and facility design will achieve compliance 
with the requirements of Sec. Sec. 264.198 and 264.199.
    (k) Information on air emission control equipment as required in 
Sec. 270.27.

[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, 
Dec. 6, 1994; 71 FR 16914, Apr. 4, 2006]



Sec. 270.17  Specific part B information requirements for surface
impoundments.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that store, treat or dispose of hazardous waste in surface 
impoundments must provide the following additional information:
    (a) A list of the hazardous wastes placed or to be placed in each 
surface impoundment;
    (b) Detailed plans and an engineering report describing how the 
surface impoundment is designed and is or will be constructed, operated, 
and maintained to meet the requirements of Sec. Sec. 264.19, 264.221, 
264.222, and 264.223 of this chapter, addressing the following items:
    (1) The liner system (except for an existing portion of a surface 
impoundment). If an exemption from the requirement for a liner is sought 
as provided by Sec. 264.221(b), submit detailed plans and engineering 
and hydrogeologic reports, as appropriate, describing alternate design 
and operating practices that will, in conjunction with location aspects, 
prevent the migration of any hazardous constituents into the ground 
water or surface water at any future time;
    (2) The double liner and leak (leachate) detection, collection, and 
removal system, if the surface impoundment must meet the requirements of 
Sec. 264.221(c) of this chapter. If an exemption from the requirements 
for double liners and a leak detection, collection, and removal system 
or alternative design is sought as provided by Sec. 264.221 (d), (e), 
or (f) of this chapter, submit appropriate information;
    (3) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (4) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (5) Proposed action leakage rate, with rationale, if required under 
Sec. 264.222 of this chapter, and response action plan, if required 
under Sec. 264.223 of this chapter;
    (6) Prevention of overtopping; and
    (7) Structural integrity of dikes;
    (c) A description of how each surface impoundment, including the 
double liner system, leak detection system, cover system, and 
appurtenances for

[[Page 329]]

control of overtopping, will be inspected in order to meet the 
requirements of Sec. 264.226(a), (b), and (d) of this chapter. This 
information must be included in the inspection plan submitted under 
Sec. 270.14(b)(5);
    (d) A certification by a qualified engineer which attests to the 
structural integrity of each dike, as required under Sec. 264.226(c). 
For new units, the owner or operator must submit a statement by a 
qualified engineer that he will provide such a certification upon 
completion of construction in accordance with the plans and 
specifications;
    (e) A description of the procedure to be used for removing a surface 
impoundment from service, as required under Sec. 264.227(b) and (c). 
This information should be included in the contingency plan submitted 
under Sec. 270.14(b)(7);
    (f) A description of how hazardous waste residues and contaminated 
materials will be removed from the unit at closure, as required under 
Sec. 264.228(a)(1). For any wastes not to be removed from the unit upon 
closure, the owner or operator must submit detailed plans and an 
engineering report describing how Sec. 264.228(a)(2) and (b) will be 
complied with. This information should be included in the closure plan 
and, where applicable, the post-closure plan submitted under Sec. 
270.14(b)(13);
    (g) If ignitable or reactive wastes are to be placed in a surface 
impoundment, an explanation of how Sec. 264.229 will be complied with;
    (h) If incompatible wastes, or incompatible wastes and materials 
will be placed in a surface impoundment, an explanation of how Sec. 
264.230 will be complied with.
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how the surface impoundment is or 
will be designed, constructed, operated, and maintained to meet the 
requirements of Sec. 264.231. This submission must address the 
following items as specified in Sec. 264.231:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (j) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 
1994; 71 FR 40279, July 14, 2006]



Sec. 270.18  Specific part B information requirements for waste piles.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that store or treat hazardous waste in waste piles must 
provide the following additional information:
    (a) A list of hazardous wastes placed or to be placed in each waste 
pile;
    (b) If an exemption is sought to Sec. 264.251 and subpart F of part 
264 as provided by Sec. 264.250(c) or Sec. 264.90(b)(2), an 
explanation of how the standards of Sec. 264.250(c) will be complied 
with or detailed plans and an engineering report describing how the 
requirements of Sec. 264.90(b)(2) will be met.
    (c) Detailed plans and an engineering report describing how the 
waste pile is designed and is or will be constructed, operated, and 
maintained to meet the requirements of Sec. Sec. 264.19, 264.251, 
264.252, and 264.253 of this chapter, addressing the following items:
    (1)(i) The liner system (except for an existing portion of a waste 
pile), if the waste pile must meet the requirements of Sec. 264.251(a) 
of this chapter. If an exemption from the requirement for a liner is 
sought as provided by Sec. 264.251(b) of this chapter, submit detailed 
plans, and engineering and hydrogeological reports, as appropriate, 
describing alternate designs and operating practices that will, in 
conjunction with location aspects, prevent the migration of any 
hazardous constituents into the ground water or surface water at any 
future time;
    (ii) The double liner and leak (leachate) detection, collection, and 
removal system, if the waste pile must meet the

[[Page 330]]

requirements of Sec. 264.251(c) of this chapter. If an exemption from 
the requirements for double liners and a leak detection, collection, and 
removal system or alternative design is sought as provided by Sec. 
264.251(d), (e), or (f) of this chapter, submit appropriate information;
    (iii) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (iv) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.252 of this chapter, and response action plan, if required 
under Sec. 264.253 of this chapter;
    (2) Control of run-on;
    (3) Control of run-off;
    (4) Management of collection and holding units associated with run-
on and run-off control systems; and
    (5) Control of wind dispersal of particulate matter, where 
applicable;
    (d) A description of how each waste pile, including the double liner 
system, leachate collection and removal system, leak detection system, 
cover system, and appurtenances for control of run-on and run-off, will 
be inspected in order to meet the requirements of Sec. 264.254(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 270.14(b)(5);
    (e) If treatment is carried out on or in the pile, details of the 
process and equipment used, and the nature and quality of the residuals;
    (f) If ignitable or reactive wastes are to be placed in a waste 
pile, an explanation of how the requirements of Sec. 264.256 will be 
complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be placed in a waste pile, an explanation of how Sec. 264.257 will 
be complied with;
    (h) A description of how hazardous waste residues and contaminated 
materials will be removed from the waste pile at closure, as required 
under Sec. 264.258(a). For any waste not to be removed from the waste 
pile upon closure, the owner or operator must submit detailed plans and 
an engineering report describing how Sec. 264.310 (a) and (b) will be 
complied with. This information should be included in the closure plan 
and, where applicable, the post-closure plan submitted under Sec. 
270.14(b)(13).
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a waste pile that is not 
enclosed (as defined in Sec. 264.250(c)) is or will be designed, 
constructed, operated, and maintained to meet the requirements of Sec. 
264.259. This submission must address the following items as specified 
in Sec. 264.259:
    (1) The volume, physical, and chemical characteristics of the wastes 
to be disposed in the waste pile, including their potential to migrate 
through soil or to volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992; 71 FR 40279, July 
14, 2006]



Sec. 270.19  Specific part B information requirements for incinerators.

    Except as Sec. 264.340 of this Chapter and Sec. 270.19(e) provide 
otherwise, owners and operators of facilities that incinerate hazardous 
waste must fulfill the requirements of paragraphs (a), (b), or (c) of 
this section.
    (a) When seeking an exemption under Sec. 264.340 (b) or (c) of this 
chapter (Ignitable, corrosive, or reactive wastes only):
    (1) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is ignitable 
(Hazard Code I) or corrosive (Hazard Code C) or both; or
    (2) Documentation that the waste is listed as a hazardous waste in 
part 261, subpart D of this chapter, solely because it is reactive 
(Hazard Code R) for

[[Page 331]]

characteristics other than those listed in Sec. 261.23(a) (4) and (5) 
of this chapter, and will not be burned when other hazardous wastes are 
present in the combustion zone; or
    (3) Documentation that the waste is a hazardous waste solely because 
it possesses the characteristic of ignitability, corrosivity, or both, 
as determined by the tests for characteristics of hazardous waste under 
part 261, subpart C of this chapter; or
    (4) Documentation that the waste is a hazardous waste solely because 
it possesses the reactivity characteristics listed in Sec. 261.23(a) 
(1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be 
burned when other hazardous wastes are present in the combustion zone; 
or
    (b) Submit a trial burn plan or the results of a trial burn, 
including all required determinations, in accordance with Sec. 270.62; 
or
    (c) In lieu of a trial burn, the applicant may submit the following 
information:
    (1) An analysis of each waste or mixture of wastes to be burned 
including:
    (i) Heat value of the waste in the form and composition in which it 
will be burned.
    (ii) Viscosity (if applicable), or description of physical form of 
the waste.
    (iii) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII, of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in part 261, appendix VIII, of this chapter which 
would reasonably not be expected to be found in the waste. The 
constituents excluded from analysis must be identified and the basis for 
their exclusion stated. The waste analysis must rely on appropriate 
analytical techniques.
    (iv) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods.
    (v) A quantification of those hazardous constituents in the waste 
which may be designated as POHC's based on data submitted from other 
trial or operational burns which demonstrate compliance with the 
performance standards in Sec. 264.343 of this chapter.
    (2) A detailed engineering description of the incinerator, 
including:
    (i) Manufacturer's name and model number of incinerator.
    (ii) Type of incinerator.
    (iii) Linear dimension of incinerator unit including cross sectional 
area of combustion chamber.
    (iv) Description of auxiliary fuel system (type/feed).
    (v) Capacity of prime mover.
    (vi) Description of automatic waste feed cutoff system(s).
    (vii) Stack gas monitoring and pollution control monitoring system.
    (viii) Nozzle and burner design.
    (ix) Construction materials.
    (x) Location and description of temperature, pressure, and flow 
indicating devices and control devices.
    (3) A description and analysis of the waste to be burned compared 
with the waste for which data from operational or trial burns are 
provided to support the contention that a trial burn is not needed. The 
data should include those items listed in paragraph (c)(1) of this 
section. This analysis should specify the POHC's which the applicant has 
identified in the waste for which a permit is sought, and any 
differences from the POHC's in the waste for which burn data are 
provided.
    (4) The design and operating conditions of the incinerator unit to 
be used, compared with that for which comparative burn data are 
available.
    (5) A description of the results submitted from any previously 
conducted trial burn(s) including:
    (i) Sampling and analysis techniques used to calculate performance 
standards in Sec. 264.343 of this chapter,
    (ii) Methods and results of monitoring temperatures, waste feed 
rates, carbon monoxide, and an appropriate indicator of combustion gas 
velocity (including a statement concerning the precision and accuracy of 
this measurement),
    (6) The expected incinerator operation information to demonstrate 
compliance with Sec. Sec. 264.343 and 264.345 of this chapter 
including:
    (i) Expected carbon monoxide (CO) level in the stack exhaust gas.
    (ii) Waste feed rate.
    (iii) Combustion zone temperature.

[[Page 332]]

    (iv) Indication of combustion gas velocity.
    (v) Expected stack gas volume, flow rate, and temperature.
    (vi) Computed residence time for waste in the combustion zone.
    (vii) Expected hydrochloric acid removal efficiency.
    (viii) Expected fugitive emissions and their control procedures.
    (ix) Proposed waste feed cut-off limits based on the identified 
significant operating parameters.
    (7) Such supplemental information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (8) Waste analysis data, including that submitted in paragraph 
(c)(1) of this section, sufficient to allow the Director to specify as 
permit Principal Organic Hazardous Constituents (permit POHC's) those 
constituents for which destruction and removal efficiencies will be 
required.
    (d) The Director shall approve a permit application without a trial 
burn if he finds that:
    (1) The wastes are sufficiently similar; and
    (2) The incinerator units are sufficiently similar, and the data 
from other trial burns are adequate to specify (under Sec. 264.345 of 
this chapter) operating conditions that will ensure that the performance 
standards in Sec. 264.343 of this chapter will be met by the 
incinerator.
    (e) When an owner or operator of a hazardous waste incineration unit 
becomes subject to RCRA permit requirements after October 12, 2005, or 
when an owner or operator of an existing hazardous waste incineration 
unit demonstrates compliance with the air emission standards and 
limitations in part 63, subpart EEE, of this chapter (i.e., by 
conducting a comprehensive performance test and submitting a 
Notification of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d) of 
this chapter documenting compliance with all applicable requirements of 
part 63, subpart EEE, of this chapter), the requirements of this section 
do not apply, except those provisions the Director determines are 
necessary to ensure compliance with Sec. Sec. 264.345(a) and 264.345(c) 
of this chapter if you elect to comply with Sec. 270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events. Nevertheless, the Director may apply the provisions 
of this section, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec. 270.10(k), 270.10(l), 
270.32(b)(2), and 270.32(b)(3).

[48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 
FR 53076, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 
19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]



Sec. 270.20  Specific part B information requirements for land treatment
facilities.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that use land treatment to dispose of hazardous waste must 
provide the following additional information:
    (a) A description of plans to conduct a treatment demonstration as 
required under Sec. 264.272. The description must include the following 
information;
    (1) The wastes for which the demonstration will be made and the 
potential hazardous constituents in the waste;
    (2) The data sources to be used to make the demonstration (e.g., 
literature, laboratory data, field data, or operating data);
    (3) Any specific laboratory or field test that will be conducted, 
including:
    (i) The type of test (e.g., column leaching, degradation);
    (ii) Materials and methods, including analytical procedures;
    (iii) Expected time for completion;
    (iv) Characteristics of the unit that will be simulated in the 
demonstration, including treatment zone characteristics, climatic 
conditions, and operating practices.
    (b) A description of a land treatment program, as required under 
Sec. 264.271. This information must be submitted with the plans for the 
treatment demonstration, and updated following the treatment 
demonstration. The land treatment program must address the following 
items:
    (1) The wastes to be land treated;
    (2) Design measures and operating practices necessary to maximize 
treatment in accordance with Sec. 264.273(a) including:

[[Page 333]]

    (i) Waste application method and rate;
    (ii) Measures to control soil pH;
    (iii) Enhancement of microbial or chemical reactions;
    (iv) Control of moisture content;
    (3) Provisions for unsaturated zone monitoring, including:
    (i) Sampling equipment, procedures, and frequency;
    (ii) Procedures for selecting sampling locations;
    (iii) Analytical procedures;
    (iv) Chain of custody control;
    (v) Procedures for establishing background values;
    (vi) Statistical methods for interpreting results;
    (vii) The justification for any hazardous constituents recommended 
for selection as principal hazardous constituents, in accordance with 
the criteria for such selection in Sec. 264.278(a);
    (4) A list of hazardous constituents reasonably expected to be in, 
or derived from, the wastes to be land treated based on waste analysis 
performed pursuant to Sec. 264.13;
    (5) The proposed dimensions of the treatment zone;
    (c) A description of how the unit is or will be designed, 
constructed, operated, and maintained in order to meet the requirements 
of Sec. 264.273. This submission must address the following items:
    (1) Control of run-on;
    (2) Collection and control of run-off;
    (3) Minimization of run-off of hazardous constituents from the 
treatment zone;
    (4) Management of collection and holding facilities associated with 
run-on and run-off control systems;
    (5) Periodic inspection of the unit. This information should be 
included in the inspection plan submitted under Sec. 270.14(b)(5);
    (6) Control of wind dispersal of particulate matter, if applicable;
    (d) If food-chain crops are to be grown in or on the treatment zone 
of the land treatment unit, a description of how the demonstration 
required under Sec. 264.276(a) will be conducted including:
    (1) Characteristics of the food-chain crop for which the 
demonstration will be made.
    (2) Characteristics of the waste, treatment zone, and waste 
application method and rate to be used in the demonstration;
    (3) Procedures for crop growth, sample collection, sample analysis, 
and data evaluation;
    (4) Characteristics of the comparison crop including the location 
and conditions under which it was or will be grown;
    (e) If food-chain crops are to be grown, and cadmium is present in 
the land-treated waste, a description of how the requirements of Sec. 
264.276(b) will be complied with;
    (f) A description of the vegetative cover to be applied to closed 
portions of the facility, and a plan for maintaining such cover during 
the post-closure care period, as required under Sec. Sec. 264.280(a)(8) 
and 264.280(c)(2). This information should be included in the closure 
plan and, where applicable, the post-closure care plan submitted under 
Sec. 270.14(b)(13);
    (g) If ignitable or reactive wastes will be placed in or on the 
treatment zone, an explanation of how the requirements of Sec. 264.281 
will be complied with;
    (h) If incompatible wastes, or incompatible wastes and materials, 
will be placed in or on the same treatment zone, an explanation of how 
Sec. 264.282 will be complied with.
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a land treatment facility is 
or will be designed, constructed, operated, and maintained to meet the 
requirements of Sec. 264.283. This submission must address the 
following items as specified in Sec. 264.283:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and

[[Page 334]]

    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 71 FR 40279, July 14, 2006]



Sec. 270.21  Specific part B information requirements for landfills.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that dispose of hazardous waste in landfills must provide the 
following additional information:
    (a) A list of the hazardous wastes placed or to be placed in each 
landfill or landfill cell;
    (b) Detailed plans and an engineering report describing how the 
landfill is designed and is or will be constructed, operated, and 
maintained to meet the requirements of Sec. Sec. 264.19, 264.301, 
264.302, and 264.303 of this chapter, addressing the following items:
    (1)(i) The liner system (except for an existing portion of a 
landfill), if the landfill must meet the requirements of Sec. 
264.301(a) of this chapter. If an exemption from the requirement for a 
liner is sought as provided by Sec. 264.301(b) of this chapter, submit 
detailed plans, and engineering and hydrogeological reports, as 
appropriate, describing alternate designs and operating practices that 
will, in conjunction with location aspects, prevent the migration of any 
hazardous constituents into the ground water or surface water at any 
future time;
    (ii) The double liner and leak (leachate) detection, collection, and 
removal system, if the landfill must meet the requirements of Sec. 
264.301(c) of this chapter. If an exemption from the requirements for 
double liners and a leak detection, collection, and removal system or 
alternative design is sought as provided by Sec. 264.301(d), (e), or 
(f) of this chapter, submit appropriate information;
    (iii) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (iv) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (v) Proposed action leakage rate, with rationale, if required under 
Sec. 264.302 of this chapter, and response action plan, if required 
under Sec. 264.303 of this chapter;
    (2) Control of run-on;
    (3) Control of run-off;
    (4) Management of collection and holding facilities associated with 
run-on and run-off control systems; and
    (5) Control of wind dispersal of particulate matter, where 
applicable;
    (c) A description of how each landfill, including the double liner 
system, leachate collection and removal system, leak detection system, 
cover system, and appurtenances for control of run-on and run-off, will 
be inspected in order to meet the requirements of Sec. 264.303(a), (b), 
and (c) of this chapter. This information must be included in the 
inspection plan submitted under Sec. 270.14(b)(5);
    (d) A description of how each landfill, including the liner and 
cover systems, will be inspected in order to meet the requirements of 
Sec. 264.303 (a) and (b). This information should be included in the 
inspection plan submitted under Sec. 270.14(b)(5).
    (e) Detailed plans and an engineering report describing the final 
cover which will be applied to each landfill or landfill cell at closure 
in accordance with Sec. 264.310(a), and a description of how each 
landfill will be maintained and monitored after closure in accordance 
with Sec. 264.310(b). This information should be included in the 
closure and post-closure plans submitted under Sec. 270.14(b)(13).
    (f) If ignitable or reactive wastes will be landfilled, an 
explanation of how the standards of Sec. 264.312 will be complied with;
    (g) If incompatible wastes, or incompatible wastes and materials 
will be landfilled, an explanation of how Sec. 264.313 will be complied 
with;
    (h) If bulk or non-containerized liquid waste or wastes containing 
free liquids is to be landfilled prior to May 8, 1985, an explanation of 
how the requirements of Sec. 264.314(a) will be complied with;
    (i) If containers of hazardous waste are to be landfilled, an 
explanation of how the requirements of Sec. 264.315 or

[[Page 335]]

Sec. 264.316, as applicable, will be complied with.
    (j) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how a landfill is or will be 
designed, constructed, operated, and maintained to meet the requirements 
of Sec. 264.317. This submission must address the following items as 
specified in Sec. 264.317:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 
FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 
1992]



Sec. 270.22  Specific part B information requirements for boilers
and industrial furnaces burning hazardous waste.

    When an owner or operator of a cement kiln, lightweight aggregate 
kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid 
production furnace becomes subject to RCRA permit requirements after 
October 12, 2005, or when an owner or operator of an existing cement 
kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, 
or hydrochloric acid production furnace demonstrates compliance with the 
air emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Sec. Sec. 63.1207(j) and 
63.1210(d) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the requirements 
of this section do not apply. The requirements of this section do apply, 
however, if the Director determines certain provisions are necessary to 
ensure compliance with Sec. Sec. 266.102(e)(1) and 266.102(e)(2)(iii) 
of this chapter if you elect to comply with Sec. 270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events; or if you are an area source and elect to comply 
with the Sec. Sec. 266.105, 266.106, and 266.107 standards and 
associated requirements for particulate matter, hydrogen chloride and 
chlorine gas, and non-mercury metals; or the Director determines certain 
provisions apply, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec. 270.10(k), 270.10(l), 
270.32(b)(2), and 270.32(b)(3).
    (a) Trial burns--(1) General. Except as provided below, owners and 
operators that are subject to the standards to control organic emissions 
provided by Sec. 266.104 of this chapter, standards to control 
particulate matter provided by Sec. 266.105 of this chapter, standards 
to control metals emissions provided by Sec. 266.106 of this chapter, 
or standards to control hydrogen chloride or chlorine gas emissions 
provided by Sec. 266.107 of this chapter must conduct a trial burn to 
demonstrate conformance with those standards and must submit a trial 
burn plan or the results of a trial burn, including all required 
determinations, in accordance with Sec. 270.66.
    (i) A trial burn to demonstrate conformance with a particular 
emission standard may be waived under provisions of Sec. Sec. 266.104 
through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of 
this section; and
    (ii) The owner or operator may submit data in lieu of a trial burn, 
as prescribed in paragraph (a)(6) of this section.
    (2) Waiver of trial burn for DRE--(i) Boilers operated under special 
operating requirements. When seeking to be permitted under Sec. Sec. 
266.104(a)(4) and 266.110 of this chapter that automatically waive the 
DRE trial burn, the owner or operator of a boiler must submit 
documentation that the boiler operates under the special operating 
requirements provided by Sec. 266.110 of this chapter.
    (ii) Boilers and industrial furnaces burning low risk waste. When 
seeking to be permitted under the provisions for low risk waste provided 
by Sec. Sec. 266.104(a)(5) and 266.109(a) of this

[[Page 336]]

chapter that waive the DRE trial burn, the owner or operator must 
submit:
    (A) Documentation that the device is operated in conformance with 
the requirements of Sec. 266.109(a)(1) of this chapter.
    (B) Results of analyses of each waste to be burned, documenting the 
concentrations of nonmetal compounds listed in appendix VIII of part 261 
of this chapter, except for those constituents that would reasonably not 
be expected to be in the waste. The constituents excluded from analysis 
must be identified and the basis for their exclusion explained. The 
analysis must rely on appropriate analytical techniques.
    (C) Documentation of hazardous waste firing rates and calculations 
of reasonable, worst-case emission rates of each constituent identified 
in paragraph (a)(2)(ii)(B) of this section using procedures provided by 
Sec. 266.109(a)(2)(ii) of this chapter.
    (D) Results of emissions dispersion modeling for emissions 
identified in paragraphs (a)(2)(ii)(C) of this section using modeling 
procedures prescribed by Sec. 266.106(h) of this chapter. The Director 
will review the emission modeling conducted by the applicant to 
determine conformance with these procedures. The Director will either 
approve the modeling or determine that alternate or supplementary 
modeling is appropriate.
    (E) Documentation that the maximum annual average ground level 
concentration of each constituent identified in paragraph (a)(2)(ii)(B) 
of this section quantified in conformance with paragraph (a)(2)(ii)(D) 
of this section does not exceed the allowable ambient level established 
in appendices IV or V of part 266. The acceptable ambient concentration 
for emitted constituents for which a specific Reference Air 
Concentration has not been established in appendix IV or Risk-Specific 
Dose has not been established in appendix V is 0.1 micrograms per cubic 
meter, as noted in the footnote to appendix IV.
    (3) Waiver of trial burn for metals. When seeking to be permitted 
under the Tier I (or adjusted Tier I) metals feed rate screening limits 
provided by Sec. 266.106 (b) and (e) of this chapter that control 
metals emissions without requiring a trial burn, the owner or operator 
must submit:
    (i) Documentation of the feed rate of hazardous waste, other fuels, 
and industrial furnace feed stocks;
    (ii) Documentation of the concentration of each metal controlled by 
Sec. 266.106 (b) or (e) of this chapter in the hazardous waste, other 
fuels, and industrial furnace feedstocks, and calculations of the total 
feed rate of each metal;
    (iii) Documentation of how the applicant will ensure that the Tier I 
feed rate screening limits provided by Sec. 266.106 (b) or (e) of this 
chapter will not be exceeded during the averaging period provided by 
that paragraph;
    (iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height, 
terrain type, and land use as provided by Sec. 266.106 (b)(3) through 
(b)(5) of this chapter;
    (v) Documentation of compliance with the provisions of Sec. 
266.106(b)(6), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 266.106(b)(7) for eligibility to comply with the 
screening limits; and
    (vii) Proposed sampling and metals analysis plan for the hazardous 
waste, other fuels, and industrial furnace feed stocks.
    (4) Waiver of trial burn for particulate matter. When seeking to be 
permitted under the low risk waste provisions of Sec. 266.109(b) which 
waives the particulate standard (and trial burn to demonstrate 
conformance with the particulate standard), applicants must submit 
documentation supporting conformance with paragraphs (a)(2)(ii) and 
(a)(3) of this section.
    (5) Waiver of trial burn for HCl and Cl2. When seeking to be 
permitted under the Tier I (or adjusted Tier I) feed rate screening 
limits for total chloride and chlorine provided by Sec. 266.107 (b)(1) 
and (e) of this chapter that control emissions of hydrogen chloride 
(HCl) and chlorine gas (Cl2) without requiring a trial burn, 
the owner or operator must submit:
    (i) Documentation of the feed rate of hazardous waste, other fuels, 
and industrial furnace feed stocks;

[[Page 337]]

    (ii) Documentation of the levels of total chloride and chlorine in 
the hazardous waste, other fuels, and industrial furnace feedstocks, and 
calculations of the total feed rate of total chloride and chlorine;
    (iii) Documentation of how the applicant will ensure that the Tier I 
(or adjusted Tier I) feed rate screening limits provided by Sec. 
266.107 (b)(1) or (e) of this chapter will not be exceeded during the 
averaging period provided by that paragraph;
    (iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height, 
terrain type, and land use as provided by Sec. 266.107(b)(3) of this 
chapter;
    (v) Documentation of compliance with the provisions of Sec. 
266.107(b)(4), if applicable, for facilities with multiple stacks;
    (vi) Documentation that the facility does not fail the criteria 
provided by Sec. 266.107(b)(3) for eligibility to comply with the 
screening limits; and
    (vii) Proposed sampling and analysis plan for total chloride and 
chlorine for the hazardous waste, other fuels, and industrial furnace 
feedstocks.
    (6) Data in lieu of trial burn. The owner or operator may seek an 
exemption from the trial burn requirements to demonstrate conformance 
with Sec. Sec. 266.104 through 266.107 of this chapter and Sec. 270.66 
by providing the information required by Sec. 270.66 from previous 
compliance testing of the device in conformance with Sec. 266.103 of 
this chapter, or from compliance testing or trial or operational burns 
of similar boilers or industrial furnaces burning similar hazardous 
wastes under similar conditions. If data from a similar device is used 
to support a trial burn waiver, the design and operating information 
required by Sec. 270.66 must be provided for both the similar device 
and the device to which the data is to be applied, and a comparison of 
the design and operating information must be provided. The Director 
shall approve a permit application without a trial burn if he finds that 
the hazardous wastes are sufficiently similar, the devices are 
sufficiently similar, the operating conditions are sufficiently similar, 
and the data from other compliance tests, trial burns, or operational 
burns are adequate to specify (under Sec. 266.102 of this chapter) 
operating conditions that will ensure conformance with Sec. 266.102(c) 
of this chapter. In addition, the following information shall be 
submitted:
    (i) For a waiver from any trial burn:
    (A) A description and analysis of the hazardous waste to be burned 
compared with the hazardous waste for which data from compliance 
testing, or operational or trial burns are provided to support the 
contention that a trial burn is not needed;
    (B) The design and operating conditions of the boiler or industrial 
furnace to be used, compared with that for which comparative burn data 
are available; and
    (C) Such supplemental information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (ii) For a waiver of the DRE trial burn, the basis for selection of 
POHCs used in the other trial or operational burns which demonstrate 
compliance with the DRE performance standard in Sec. 266.104(a) of this 
chapter. This analysis should specify the constituents in appendix VIII, 
part 261 of this chapter, that the applicant has identified in the 
hazardous waste for which a permit is sought, and any differences from 
the POHCs in the hazardous waste for which burn data are provided.
    (b) Alternative HC limit for industrial furnaces with organic matter 
in raw materials. Owners and operators of industrial furnaces requesting 
an alternative HC limit under Sec. 266.104(f) of this chapter shall 
submit the following information at a minimum:
    (1) Documentation that the furnace is designed and operated to 
minimize HC emissions from fuels and raw materials;
    (2) Documentation of the proposed baseline flue gas HC (and CO) 
concentration, including data on HC (and CO) levels during tests when 
the facility produced normal products under normal operating conditions 
from normal raw materials while burning normal fuels and when not 
burning hazardous waste;
    (3) Test burn protocol to confirm the baseline HC (and CO) level 
including information on the type and flow rate

[[Page 338]]

of all feedstreams, point of introduction of all feedstreams, total 
organic carbon content (or other appropriate measure of organic content) 
of all nonfuel feedstreams, and operating conditions that affect 
combustion of fuel(s) and destruction of hydrocarbon emissions from 
nonfuel sources;
    (4) Trial burn plan to:
    (i) Demonstrate that flue gas HC (and CO) concentrations when 
burning hazardous waste do not exceed the baseline HC (and CO) level; 
and
    (ii) Identify the types and concentrations of organic compounds 
listed in appendix VIII, part 261 of this chapter, that are emitted when 
burning hazardous waste in conformance with procedures prescribed by the 
Director;
    (5) Implementation plan to monitor over time changes in the 
operation of the facility that could reduce the baseline HC level and 
procedures to periodically confirm the baseline HC level; and
    (6) Such other information as the Director finds necessary to 
achieve the purposes of this paragraph.
    (c) Alternative metals implementation approach. When seeking to be 
permitted under an alternative metals implementation approach under 
Sec. 266.106(f) of this chapter, the owner or operator must submit 
documentation specifying how the approach ensures compliance with the 
metals emissions standards of Sec. 266.106(c) or (d) and how the 
approach can be effectively implemented and monitored. Further, the 
owner or operator shall provide such other information that the Director 
finds necessary to achieve the purposes of this paragraph.
    (d) Automatic waste feed cutoff system. Owners and operators shall 
submit information describing the automatic waste feed cutoff system, 
including any pre-alarm systems that may be used.
    (e) Direct transfer. Owners and operators that use direct transfer 
operations to feed hazardous waste from transport vehicles (containers, 
as defined in Sec. 266.111 of this chapter) directly to the boiler or 
industrial furnace shall submit information supporting conformance with 
the standards for direct transfer provided by Sec. 266.111 of this 
chapter.
    (f) Residues. Owners and operators that claim that their residues 
are excluded from regulation under the provisions of Sec. 266.112 of 
this chapter must submit information adequate to demonstrate conformance 
with those provisions.

[56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 64 
FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 
19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005]



Sec. 270.23  Specific part B information requirements for miscellaneous units.

    Except as otherwise provided in Sec. 264.600, owners and operators 
of facilities that treat, store, or dispose of hazardous waste in 
miscellaneous units must provide the following additional information:
    (a) A detailed description of the unit being used or proposed for 
use, including the following:
    (1) Physical characteristics, materials of construction, and 
dimensions of the unit;
    (2) Detailed plans and engineering reports describing how the unit 
will be located, designed, constructed, operated, maintained, monitored, 
inspected, and closed to comply with the requirements of Sec. Sec. 
264.601 and 264.602; and
    (3) For disposal units, a detailed description of the plans to 
comply with the post-closure requirements of Sec. 264.603.
    (b) Detailed hydrologic, geologic, and meteorologic assessments and 
land-use maps for the region surrounding the site that address and 
ensure compliance of the unit with each factor in the environmental 
performance standards of Sec. 264.601. If the applicant can demonstrate 
that he does not violate the environmental performance standards of 
Sec. 264.601 and the Director agrees with such demonstration, 
preliminary hydrologic, geologic, and meteorologic assessments will 
suffice.
    (c) Information on the potential pathways of exposure of humans or 
environmental receptors to hazardous waste or hazardous constituents and 
on the potential magnitude and nature of such exposures.
    (d) For any treatment unit, a report on a demonstration of the 
effectiveness

[[Page 339]]

of the treatment based on laboratory or field data.
    (e) Any additional information determined by the Director to be 
necessary for evaluation of compliance of the unit with the 
environmental performance standards of Sec. 264.601.



Sec. 270.24  Specific part B information requirements for process vents.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have process vents to which subpart AA of part 264 
applies must provide the following additional information:
    (a) For facilities that cannot install a closed-vent system and 
control device to comply with the provisions of 40 CFR 264 subpart AA on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart AA, an implementation schedule as specified 
in Sec. 264.1033(a)(2).
    (b) Documentation of compliance with the process vent standards in 
Sec. 264.1032, including:
    (1) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous waste management units on a facility plot 
plan).
    (2) Information and data supporting estimates of vent emissions and 
emission reduction achieved by add-on control devices based on 
engineering calculations or source tests. For the purpose of determining 
compliance, estimates of vent emissions and emission reductions must be 
made using operating parameter values (e.g., temperatures, flow rates, 
or concentrations) that represent the conditions that exist when the 
waste management unit is operating at the highest load or capacity level 
reasonably expected to occur.
    (3) Information and data used to determine whether or not a process 
vent is subject to the requirements of Sec. 264.1032.
    (c) Where an owner or operator applies for permission to use a 
control device other than a thermal vapor incinerator, catalytic vapor 
incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system to comply with the requirements of Sec. 264.1032, and 
chooses to use test data to determine the organic removal efficiency or 
the total organic compound concentration achieved by the control device, 
a performance test plan as specified in Sec. 264.1035(b)(3).
    (d) Documentation of compliance with Sec. 264.1033, including:
    (1) A list of all information references and sources used in 
preparing the documentation.
    (2) Records, including the dates, of each compliance test required 
by Sec. 264.1033(k).
    (3) A design analysis, specifications, drawings, schematics, and 
piping and instrumentation diagrams based on the appropriate sections of 
``APTI Course 415: Control of Gaseous Emissions'' (incorporated by 
reference as specified in Sec. 270.6) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device information. The design analysis shall address the vent stream 
characteristics and control device operation parameters as specified in 
Sec. 264.1035(b)(4)(iii).
    (4) A statement signed and dated by the owner or operator certifying 
that the operating parameters used in the design analysis reasonably 
represent the conditions that exist when the hazardous waste management 
unit is or would be operating at the highest load or capacity level 
reasonably expected to occur.
    (5) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
weight percent or greater unless the total organic emission limits of 
Sec. 264.1032(a) for affected process vents at the facility can be 
attained by a control device involving vapor recovery at an efficiency 
less than 95 weight percent.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
70 FR 59577, Oct. 12, 2005]

[[Page 340]]



Sec. 270.25  Specific part B information requirements for equipment.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that have equipment to which subpart BB of part 264 applies 
must provide the following additional information:
    (a) For each piece of equipment to which subpart BB of part 264 
applies:
    (1) Equipment identification number and hazardous waste management 
unit identification.
    (2) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (3) Type of equipment (e.g., a pump or pipeline valve).
    (4) Percent by weight total organics in the hazardous waste stream 
at the equipment.
    (5) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (6) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (b) For facilities that cannot install a closed-vent system and 
control device to comply with the provisions of 40 CFR 264 subpart BB on 
the effective date that the facility becomes subject to the provisions 
of 40 CFR 264 or 265 subpart BB, an implementation schedule as specified 
in Sec. 264.1033(a)(2).
    (c) Where an owner or operator applies for permission to use a 
control device other than a thermal vapor incinerator, catalytic vapor 
incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system and chooses to use test data to determine the organic 
removal efficiency or the total organic compound concentration achieved 
by the control device, a performance test plan as specified in Sec. 
264.1035(b)(3).
    (d) Documentation that demonstrates compliance with the equipment 
standards in Sec. Sec. 264.1052 to 264.1059. This documentation shall 
contain the records required under Sec. 264.1064. The Regional 
Administrator may request further documentation before deciding if 
compliance has been demonstrated.
    (e) Documentation to demonstrate compliance with Sec. 264.1060 
shall include the following information:
    (1) A list of all information references and sources used in 
preparing the documentation.
    (2) Records, including the dates, of each compliance test required 
by Sec. 264.1033(j).
    (3) A design analysis, specifications, drawings, schematics, and 
piping and instrumentation diagrams based on the appropriate sections of 
``APTI Course 415: Control of Gaseous Emissions'' (incorporated by 
reference as specified in Sec. 270.6) or other engineering texts 
acceptable to the Regional Administrator that present basic control 
device information. The design analysis shall address the vent stream 
characteristics and control device operation parameters as specified in 
Sec. 264.1035(b)(4)(iii).
    (4) A statement signed and dated by the owner or operator certifying 
that the operating parameters used in the design analysis reasonably 
represent the conditions that exist when the hazardous waste management 
unit is operating at the highest load or capacity level reasonably 
expected to occur.
    (5) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
weight percent or greater.

[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
70 FR 59577, Oct. 12, 2005]



Sec. 270.26  Special part B information requirements for drip pads.

    Except as otherwise provided by Sec. 264.1 of this chapter, owners 
and operators of hazardous waste treatment, storage, or disposal 
facilities that collect, store, or treat hazardous waste on drip pads 
must provide the following additional information:
    (a) A list of hazardous wastes placed or to be placed on each drip 
pad.
    (b) If an exemption is sought to subpart F of part 264 of this 
chapter, as provided by Sec. 264.90 of this chapter, detailed plans and 
an engineering report describing how the requirements of Sec. 
264.90(b)(2) of this chapter will be met.
    (c) Detailed plans and an engineering report describing how the drip 
pad is or will be designed, constructed, operated

[[Page 341]]

and maintained to meet the requirements of Sec. 264.573 of this 
chapter, including the as-built drawings and specifications. This 
submission must address the following items as specified in Sec. 
264.571 of this chapter:
    (1) The design characteristics of the drip pad;
    (2) The liner system;
    (3) The leakage detection system, including the leak detection 
system and how it is designed to detect the failure of the drip pad or 
the presence of any releases of hazardous waste or accumulated liquid at 
the earliest practicable time;
    (4) Practices designed to maintain drip pads;
    (5) The associated collection system;
    (6) Control of run-on to the drip pad;
    (7) Control of run-off from the drip pad;
    (8) The interval at which drippage and other materials will be 
removed from the associated collection system and a statement 
demonstrating that the interval will be sufficient to prevent overflow 
onto the drip pad;
    (9) Procedures for cleaning the drip pad at least once every seven 
days to ensure the removal of any accumulated residues of waste or other 
materials, including but not limited to rinsing, washing with detergents 
or other appropriate solvents, or steam cleaning and provisions for 
documenting the date, time, and cleaning procedure used each time the 
pad is cleaned.
    (10) Operating practices and procedures that will be followed to 
ensure that tracking of hazardous waste or waste constituents off the 
drip pad due to activities by personnel or equipment is minimized;
    (11) Procedures for ensuring that, after removal from the treatment 
vessel, treated wood from pressure and non-pressure processes is held on 
the drip pad until drippage has ceased, including recordkeeping 
practices;
    (12) Provisions for ensuring that collection and holding units 
associated with the run-on and run-off control systems are emptied or 
otherwise managed as soon as possible after storms to maintain design 
capacity of the system;
    (13) If treatment is carried out on the drip pad, details of the 
process equipment used, and the nature and quality of the residuals.
    (14) A description of how each drip pad, including appurtenances for 
control of run-on and run-off, will be inspected in order to meet the 
requirements of Sec. 264.573 of this chapter. This information should 
be included in the inspection plan submitted under Sec. 270.14(b)(5) of 
this part.
    (15) A certification signed by a qualified Professional Engineer, 
stating that the drip pad design meets the requirements of paragraphs 
(a) through (f) of Sec. 264.573 of this chapter.
    (16) A description of how hazardous waste residues and contaminated 
materials will be removed from the drip pad at closure, as required 
under Sec. 264.575(a) of this chapter. For any waste not to be removed 
from the drip pad upon closure, the owner or operator must submit 
detailed plans and an engineering report describing how Sec. 264.310 
(a) and (b) of this chapter will be complied with. This information 
should be included in the closure plan and, where applicable, the post-
closure plan submitted under Sec. 270.14(b)(13).

[55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198, 
July 1, 1991; 71 FR 16914, Apr. 4, 2006; 71 FR 40279, July 14, 2006]



Sec. 270.27  Specific Part B information requirements for air
emission controls for tanks, surface impoundments,
and containers.

    (a) Except as otherwise provided in 40 CFR 264.1, owners and 
operators of tanks, surface impoundments, or containers that use air 
emission controls in accordance with the requirements of 40 CFR part 
264, subpart CC shall provide the following additional information:
    (1) Documentation for each floating roof cover installed on a tank 
subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the applicable design 
specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR 
264.1084(f)(1).
    (2) Identification of each container area subject to the 
requirements of 40

[[Page 342]]

CFR part 264, subpart CC and certification by the owner or operator that 
the requirements of this subpart are met.
    (3) Documentation for each enclosure used to control air pollutant 
emissions from tanks or containers in accordance with the requirements 
of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes 
records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (4) Documentation for each floating membrane cover installed on a 
surface impoundment in accordance with the requirements of 40 CFR 
264.1085(c) that includes information prepared by the owner or operator 
or provided by the cover manufacturer or vendor describing the cover 
design, and certification by the owner or operator that the cover meets 
the specifications listed in 40 CFR 264.1085(c)(1).
    (5) Documentation for each closed-vent system and control device 
installed in accordance with the requirements of 40 CFR 264.1087 that 
includes design and performance information as specified in Sec. 270.24 
(c) and (d) of this part.
    (6) An emission monitoring plan for both Method 21 in 40 CFR part 
60, appendix A and control device monitoring methods. This plan shall 
include the following information: monitoring point(s), monitoring 
methods for control devices, monitoring frequency, procedures for 
documenting exceedances, and procedures for mitigating noncompliances.
    (7) When an owner or operator of a facility subject to 40 CFR part 
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the 
date of permit issuance, the schedule of implementation required under 
40 CFR 265.1082.

[61 FR 59996, Nov. 25, 1996]



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

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

[63 FR 56735, Oct. 22, 1998]



Sec. 270.29  Permit denial.

    The Director may, pursuant to the procedures in part 124, deny the 
permit application either in its entirety or as to the active life of a 
hazardous waste management facility or unit only.

[54 FR 9607, Mar. 7, 1989]



                       Subpart C_Permit Conditions



Sec. 270.30  Conditions applicable to all permits.

    The following conditions apply to all RCRA permits, and shall be 
incorporated into the permits either expressly or by reference. If 
incorporated by reference, a specific citation to these regulations (or 
the corresponding approved State regulations) must be given in the 
permit.
    (a) Duty to comply. The permittee must comply with all conditions of 
this permit, except that the permittee need not comply with the 
conditions of this permit to the extent and for the duration such 
noncompliance is authorized in an emergency permit. (See Sec. 270.61). 
Any permit noncompliance, except under the terms of an emergency permit, 
constitutes a violation of the appropriate Act and is grounds for 
enforcement action; for permit termination, revocation and reissuance, 
or modification; or for denial of a permit renewal application.
    (b) Duty to reapply. If the permittee wishes to continue an activity 
regulated by this permit after the expiration date of this permit, the 
permittee must apply for and obtain a new permit.
    (c) Need to halt or reduce activity not a defense. It shall not be a 
defense for a permittee in an enforcement action that it would have been 
necessary to

[[Page 343]]

halt or reduce the permitted activity in order to maintain compliance 
with the conditions of this permit.
    (d) In the event of noncompliance with the permit, the permittee 
shall take all reasonable steps to minimize releases to the environment, 
and shall carry out such measures as are reasonable to prevent 
significant adverse impacts on human health or the environment.
    (e) Proper operation and maintenance. The permittee shall at all 
times properly operate and maintain all facilities and systems of 
treatment and control (and related appurtenances) which are installed or 
used by the permittee to achieve compliance with the conditions of this 
permit. Proper operation and maintenance includes effective performance, 
adequate funding, adequate operator staffing and training, and adequate 
laboratory and process controls, including appropriate quality assurance 
procedures. This provision requires the operation of back-up or 
auxiliary facilities or similar systems only when necessary to achieve 
compliance with the conditions of the permit.
    (f) Permit actions. This permit may be modified, revoked and 
reissued, or terminated for cause. The filing of a request by the 
permittee for a permit modification, revocation and reissuance, or 
termination, or a notification of planned changes or anticipated 
noncompliance, does not stay any permit condition.
    (g) Property rights. The permit does not convey any property rights 
of any sort, or any exclusive privilege.
    (h) Duty to provide information. The permittee shall furnish to the 
Director, within a reasonable time, any relevant information which the 
Director may request to determine whether cause exists for modifying, 
revoking and reissuing, or terminating this permit, or to determine 
compliance with this permit. The permittee shall also furnish to the 
Director, upon request, copies of records required to be kept by this 
permit.
    (i) Inspection and entry. The permittee shall allow the Director, or 
an authorized representative, upon the presentation of credentials and 
other documents as may be required by law to:
    (1) Enter at reasonable times upon the permittee's premises where a 
regulated facility or activity is located or conducted, or where records 
must be kept under the conditions of this permit;
    (2) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    (3) Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated or 
required under this permit; and
    (4) Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by RCRA, any 
substances or parameters at any location.
    (j) Monitoring and records. (1) Samples and measurements taken for 
the purpose of monitoring shall be representative of the monitored 
activity.
    (2) The permittee shall retain records of all monitoring 
information, including all calibration and maintenance records and all 
original strip chart recordings for continuous monitoring 
instrumentation, copies of all reports required by this permit, the 
certification required by Sec. 264.73(b)(9) of this chapter, and 
records of all data used to complete the application for this permit, 
for a period of at least 3 years from the date of the sample, 
measurement, report, certification, or application. This period may be 
extended by request of the Director at any time. The permittee shall 
maintain records from all ground-water monitoring wells and associated 
ground-water surface elevations, for the active life of the facility, 
and for disposal facilities for the post-closure care period as well.
    (3) Records for monitoring information shall include:
    (i) The date, exact place, and time of sampling or measurements;
    (ii) The individual(s) who performed the sampling or measurements;
    (iii) The date(s) analyses were performed;
    (iv) The individual(s) who performed the analyses;
    (v) The analytical techniques or methods used; and
    (vi) The results of such analyses.

[[Page 344]]

    (k) Signatory requirements. All applications, reports, or 
information submitted to the Director shall be signed and certified (See 
Sec. 270.11.)
    (l) Reporting requirements--(1) Planned changes. The permittee shall 
give notice to the Director as soon as possible of any planned physical 
alterations or additions to the permitted facility.
    (2) Anticipated noncompliance. The permittee shall give advance 
notice to the Director of any planned changes in the permitted facility 
or activity which may result in noncompliance with permit requirements. 
For a new facility, the permittee may not treat, store, or dispose of 
hazardous waste; and for a facility being modified, the permittee may 
not treat, store, or dispose of hazardous waste in the modified portion 
of the facility except as provided in Sec. 270.42, until:
    (i) The permittee has submitted to the Director by certified mail or 
hand delivery a letter signed by the permittee and a registered 
professional engineer stating that the facility has been constructed or 
modified in compliance with the permit; and
    (ii)(A) The Director has inspected the modified or newly constructed 
facility and finds it is in compliance with the conditions of the 
permit; or
    (B) Within 15 days of the date of submission of the letter in 
paragraph (l)(2)(i) of this section, the permittee has not received 
notice from the Director of his or her intent to inspect, prior 
inspection is waived and the permittee may commence treatment, storage, 
or disposal of hazardous waste.
    (3) Transfers. This permit is not transferable to any person except 
after notice to the Director. The Director may require modification or 
revocation and reissuance of the permit to change the name of the 
permittee and incorporate such other requirements as may be necessary 
under RCRA. (See Sec. 270.40)
    (4) Monitoring reports. Monitoring results shall be reported at the 
intervals specified elsewhere in this permit.
    (5) Compliance schedules. Reports of compliance or noncompliance 
with, or any progress reports on, interim and final requirements 
contained in any compliance schedule of this permit shall be submitted 
no later than 14 days following each schedule date.
    (6) Twenty-four hour reporting. (i) The permittee shall report any 
noncompliance which may endanger health or the environment orally within 
24 hours from the time the permittee becomes aware of the circumstances, 
including:
    (A) Information concerning release of any hazardous waste that may 
cause an endangerment to public drinking water supplies.
    (B) Any information of a release or discharge of hazardous waste or 
of a fire or explosion from the HWM facility, which could threaten the 
environment or human health outside the facility.
    (ii) The description of the occurrence and its cause shall include:
    (A) Name, address, and telephone number of the owner or operator;
    (B) Name, address, and telephone number of the facility;
    (C) Date, time, and type of incident;
    (D) Name and quantity of material(s) involved;
    (E) The extent of injuries, if any;
    (F) An assessment of actual or potential hazards to the environment 
and human health outside the facility, where this is applicable; and
    (G) Estimated quantity and disposition of recovered material that 
resulted from the incident.
    (iii) A written submission shall also be provided within 5 days of 
the time the permittee becomes aware of the circumstances. The written 
submission shall contain a description of the noncompliance and its 
cause; the period of noncompliance including exact dates and times, and 
if the noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance. The Director may waive 
the five day written notice requirement in favor of a written report 
within fifteen days.
    (7) Manifest discrepancy report: If a significant discrepancy in a 
manifest is discovered, the permittee must attempt to reconcile the 
discrepancy. If not resolved within fifteen days, the permittee must 
submit a letter report, including a copy of the manifest, to the 
Director. (See 40 CFR 264.72.)
    (8) Unmanifested waste report: This report must be submitted to the 
Director

[[Page 345]]

within 15 days of receipt of unmanifested waste. (See 40 CFR 264.76)
    (9) Biennial report: A biennial report must be submitted covering 
facility activities during odd numbered calendar years. (See 40 CFR 
264.75.)
    (10) Other noncompliance. The permittee shall report all instances 
of noncompliance not reported under paragraphs (l)(4), (5), and (6) of 
this section, at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph (l)(6) of this 
section.
    (11) Other information. Where the permittee becomes aware that it 
failed to submit any relevant facts in a permit application, or 
submitted incorrect information in a permit application or in any report 
to the Director, it shall promptly submit such facts or information.
    (m) Information repository. The Director may require the permittee 
to establish and maintain an information repository at any time, based 
on the factors set forth in 40 CFR 124.33(b). The information repository 
will be governed by the provisions in 40 CFR 124.33(c) through (f).

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 
FR 39622, Sept. 1, 1983; 50 FR 28752, July 15, 1985; 53 FR 37935, Sept. 
28, 1988; 60 FR 63433, Dec. 11, 1995]



Sec. 270.31  Requirements for recording and reporting of monitoring results.

    All permits shall specify:
    (a) Requirements concerning the proper use, maintenance, and 
installation, when appropriate, of monitoring equipment or methods 
(including biological monitoring methods when appropriate);
    (b) Required monitoring including type, intervals, and frequency 
sufficient to yield data which are representative of the monitored 
activity including, when appropriate, continuous monitoring;
    (c) Applicable reporting requirements based upon the impact of the 
regulated activity and as specified in parts 264, 266 and 267. Reporting 
shall be no less frequent than specified in the above regulations.



Sec. 270.32  Establishing permit conditions.

    (a) In addition to conditions required in all permits (Sec. 
270.30), the Director shall establish conditions, as required on a case-
by-case basis, in permits under Sec. Sec. 270.50 (duration of permits), 
270.33(a) (schedules of compliance), 270.31 (monitoring), and for EPA 
issued permits only, 270.33(b) (alternate schedules of compliance) and 
270.3 (considerations under Federal law).
    (b)(1) Each RCRA permit shall include permit conditions necessary to 
achieve compliance with the Act and regulations, including each of the 
applicable requirements specified in parts 264 and 266 through 268 of 
this chapter. In satisfying this provision, the Administrator may 
incorporate applicable requirements of parts 264 and 266 through 268 of 
this chapter directly into the permit or establish other permit 
conditions that are based on these parts.
    (2) Each permit issued under section 3005 of this act shall contain 
terms and conditions as the Administrator or State Director determines 
necessary to protect human health and the environment.
    (3) If, as the result of an assessment(s) or other information, the 
Administrator or Director determines that conditions are necessary in 
addition to those required under 40 CFR parts 63, subpart EEE, 264 or 
266 to ensure protection of human health and the environment, he shall 
include those terms and conditions in a RCRA permit for a hazardous 
waste combustion unit.
    (c) For a State issued permit, an applicable requirement is a State 
statutory or regulatory requirement which takes effect prior to final 
administrative disposition of a permit. For a permit issued by EPA, an 
applicable requirement is a statutory or regulatory requirement 
(including any interim final regulation) which takes effect prior to the 
issuance of the permit. Section 124.14 (reopening of comment period) 
provides a means for reopening EPA permit proceedings at the discretion 
of the Director where new requirements become effective during the 
permitting process and are of sufficient

[[Page 346]]

magnitude to make additional proceedings desirable. For State and EPA 
administered programs, an applicable requirement is also any requirement 
which takes effect prior to the modification or revocation and 
reissuance of a permit, to the extent allowed in Sec. 270.41.
    (d) New or reissued permits, and to the extent allowed under Sec. 
270.41, modified or revoked and reissued permits, shall incorporate each 
of the applicable requirements referenced in this section and in 40 CFR 
270.31.
    (e) Incorporation. All permit conditions shall be incorporated 
either expressly or by reference. If incorporated by reference, a 
specific citation to the applicable regulations or requirements must be 
given in the permit.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 
FR 40653, Nov. 7, 1986; 65 FR 30913, May 15, 2000; 70 FR 59577, Oct. 12, 
2005]



Sec. 270.33  Schedules of compliance.

    (a) The permit may, when appropriate, specify a schedule of 
compliance leading to compliance with the Act and regulations.
    (1) Time for compliance. Any schedules of compliance under this 
section shall require compliance as soon as possible.
    (2) Interim dates. Except as provided in paragraph (b)(1)(ii) of 
this section, if a permit establishes a schedule of compliance which 
exceeds 1 year from the date of permit issuance, the schedule shall set 
forth interim requirements and the dates for their achievement.
    (i) The time between interim dates shall not exceed 1 year.
    (ii) If the time necessary for completion of any interim requirement 
is more than 1 year and is not readily divisible into stages for 
completion, the permit shall specify interim dates for the submission of 
reports of progress toward completion of the interim requirements and 
indicate a projected completion date.
    (3) Reporting. The permit shall be written to require that no later 
than 14 days following each interim date and the final date of 
compliance, the permittee shall notify the Director in writing, of its 
compliance or noncompliance with the interim or final requirements.
    (b) Alternative schedules of compliance. A RCRA permit applicant or 
permittee may cease conducting regulated activities (by receiving a 
terminal volume of hazardous waste and, for treatment and storage HWM 
facilities, closing pursuant to applicable requirements; and, for 
disposal HWM facilities, closing and conducting post-closure care 
pursuant to applicable requirements) rather than continue to operate and 
meet permit requirements as follows:
    (1) If the permittee decides to cease conducting regulated 
activities at a given time within the term of a permit which has already 
been issued:
    (i) The permit may be modified to contain a new or additional 
schedule leading to timely cessation of activities; or
    (ii) The permittee shall cease conducting permitted activities 
before noncompliance with any interim or final compliance schedule 
requirement already specified in the permit.
    (2) If the decision to cease conducting regulated activities is made 
before issuance of a permit whose term will include the termination 
date, the permit shall contain a schedule leading to termination which 
will ensure timely compliance with applicable requirements.
    (3) If the permittee is undecided whether to cease conducting 
regulated activities, the Director may issue or modify a permit to 
contain two schedules as follows:
    (i) Both schedules shall contain an identical interim deadline 
requiring a final decision on whether to cease conducting regulated 
activities no later than a date which ensures sufficient time to comply 
with applicable requirements in a timely manner if the decision is to 
continue conducting regulated activities;
    (ii) One schedule shall lead to timely compliance with applicable 
requirements;
    (iii) The second schedule shall lead to cessation of regulated 
activities by a date which will ensure timely compliance with applicable 
requirements;
    (iv) Each permit containing two schedules shall include a 
requirement that after the permittee has made a final decision under 
paragraph (b)(3)(i)

[[Page 347]]

of this section it shall follow the schedule leading to compliance if 
the decision is to continue conducting regulated activities, and follow 
the schedule leading to termination if the decision is to cease 
conducting regulated activities.
    (4) The applicant's or permittee's decision to cease conducting 
regulated activities shall be evidenced by a firm public commitment 
satisfactory to the Director, such as resolution of the board of 
directors of a corporation.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 71 
FR 40279, July 14, 2006]



                       Subpart D_Changes to Permit



Sec. 270.40  Transfer of permits.

    (a) A permit may be transferred by the permittee to a new owner or 
operator only if the permit has been modified or revoked and reissued 
(under Sec. 270.40(b) or Sec. 270.41(b)(2)) to identify the new 
permittee and incorporate such other requirements as may be necessary 
under the appropriate Act.
    (b) Changes in the ownership or operational control of a facility 
may be made as a Class 1 modification with prior written approval of the 
Director in accordance with Sec. 270.42 or as a routine change with 
prior approval under 40 CFR 124.213. The new owner or operator must 
submit a revised permit application no later than 90 days prior to the 
scheduled change. A written agreement containing a specific date for 
transfer of permit responsibility between the current and new permittees 
must also be submitted to the Director. When a transfer of ownership or 
operational control occurs, the old owner or operator shall comply with 
the requirements of 40 CFR part 264, subpart H (Financial Requirements) 
until the new owner or operator has demonstrated that he or she is 
complying with the requirements of that subpart. The new owner or 
operator must demonstrate compliance with subpart H requirements within 
six months of the date of the change of ownership or operational control 
of the facility. Upon demonstration to the Director by the new owner or 
operator of compliance with subpart H, the Director shall notify the old 
owner or operator that he or she no longer needs to comply with subpart 
H as of the date of demonstration.

[53 FR 37935, Sept. 28, 1988, as amended at 70 FR 53475, Sept. 8, 2005]



Sec. 270.41  Modification or revocation and reissuance of permits.

    When the Director receives any information (for example, inspects 
the facility, receives information submitted by the permittee as 
required in the permit (see Sec. 270.30), receives a request for 
revocation and reissuance under Sec. 124.5 or conducts a review of the 
permit file), he or she may determine whether one or more of the causes 
listed in paragraphs (a) and (b) of this section for modification, or 
revocation and reissuance or both exist. If cause exists, the Director 
may modify or revoke and reissue the permit accordingly, subject to the 
limitations of paragraph (c) of this section, and may request an updated 
application if necessary. When a permit is modified, only the conditions 
subject to modification are reopened. If a permit is revoked and 
reissued, the entire permit is reopened and subject to revision and the 
permit is reissued for a new term. (See 40 CFR 124.5(c)(2).) If cause 
does not exist under this section, the Director shall not modify or 
revoke and reissue the permit, except on request of the permittee. If a 
permit modification is requested by the permittee, the Director shall 
approve or deny the request according to the procedures of Sec. 270.42, 
or Sec. 270.320 and 40 CFR part 124, subpart G. Otherwise, a draft 
permit must be prepared and other procedures in part 124 (or procedures 
of an authorized State program) followed.
    (a) Causes for modification. The following are causes for 
modification, but not revocation and reissuance, of permits; the 
following may be causes for revocation and reissuance, as well as 
modification, when the permittee requests or agrees.
    (1) Alterations. There are material and substantial alterations or 
additions to the permitted facility or activity which occurred after 
permit issuance which justify the application of permit conditions that 
are different or absent in the existing permit.

[[Page 348]]

    (2) Information. The Director has received information. Permits may 
be modified during their terms for this cause only if the information 
was not available at the time of permit issuance (other than revised 
regulations, guidance, or test methods) and would have justified the 
application of different permit conditions at the time of issuance.
    (3) New statutory requirements or regulations. The standards or 
regulations on which the permit was based have been changed by statute, 
through promulgation of new or amended standards or regulations, or by 
judicial decision after the permit was issued.
    (4) Compliance schedules. The Director determines good cause exists 
for modification of a compliance schedule, such as an act of God, 
strike, flood, or materials shortage or other events over which the 
permittee has little or no control and for which there is no reasonably 
available remedy.
    (5) Notwithstanding any other provision in this section, when a 
permit for a land disposal facility is reviewed by the Director under 
Sec. 270.50(d), the Director shall modify the permit as necessary to 
assure that the facility continues to comply with the currently 
applicable requirements in parts 124, 260 through 266, and 270.
    (b) Causes for modification or revocation and reissuance. The 
following are causes to modify or, alternatively, revoke and reissue a 
permit:
    (1) Cause exists for termination under Sec. 270.43, and the 
Director determines that modification or revocation and reissuance is 
appropriate.
    (2) The Director has received notification (as required in the 
permit, see Sec. 270.30(l)(3)) of a proposed transfer of the permit.
    (3) The Director has received notification under 40 CFR 124.202(b) 
of a facility owner or operator's intent to be covered by a standardized 
permit.
    (c) Facility siting. Suitability of the facility location will not 
be considered at the time of permit modification or revocation and 
reissuance unless new information or standards indicate that a threat to 
human health or the environment exists which was unknown at the time of 
permit issuance.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 50 
FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987; 53 FR 37936, Sept. 
28, 1988; 70 FR 53475, Sept. 8, 2005; 71 FR 40279, July 14, 2006]



Sec. 270.42  Permit modification at the request of the permittee.

    (a) Class 1 modifications. (1) Except as provided in paragraph 
(a)(2) of this section, the permittee may put into effect Class 1 
modifications listed in appendix I of this section under the following 
conditions:
    (i) The permittee must notify the Director concerning the 
modification by certified mail or other means that establish proof of 
delivery within 7 calendar days after the change is put into effect. 
This notice must specify the changes being made to permit conditions or 
supporting documents referenced by the permit and must explain why they 
are necessary. Along with the notice, the permittee must provide the 
applicable information required by Sec. Sec. 270.13 through 270.21, 
270.62, and 270.63.
    (ii) The permittee must send a notice of the modification to all 
persons on the facility mailing list, maintained by the Director in 
accordance with 40 CFR 124.10(c)(viii), and the appropriate units of 
State and local government, as specified in 40 CFR 124.10(c)(ix). This 
notification must be made within 90 calendar days after the change is 
put into effect. For the Class I modifications that require prior 
Director approval, the notification must be made within 90 calendar days 
after the Director approves the request.
    (iii) Any person may request the Director to review, and the 
Director may for cause reject, any Class 1 modification. The Director 
must inform the permittee by certified mail that a Class 1 modification 
has been rejected, explaining the reasons for the rejection. If a Class 
1 modification has been rejected, the permittee must comply with the 
original permit conditions.
    (2) Class 1 permit modifications identified in appendix I by an 
asterisk may be made only with the prior written approval of the 
Director.

[[Page 349]]

    (3) For a Class 1 permit modification, the permittee may elect to 
follow the procedures in Sec. 270.42(b) for Class 2 modifications 
instead of the Class 1 procedures. The permittee must inform the 
Director of this decision in the notice required in Sec. 270.42(b)(1).
    (b) Class 2 modifications. (1) For Class 2 modifications, listed in 
appendix I of this section, the permittee must submit a modification 
request to the Director that:
    (i) Describes the exact change to be made to the permit conditions 
and supporting documents referenced by the permit;
    (ii) Identifies that the modification is a Class 2 modification;
    (iii) Explains why the modification is needed; and
    (iv) Provides the applicable information required by Sec. Sec. 
270.13 through 270.21, 270.62, and 270.63.
    (2) The permittee must send a notice of the modification request to 
all persons on the facility mailing list maintained by the Director and 
to the appropriate units of State and local government as specified in 
40 CFR 124.10(c)(ix) and must publish this notice in a major local 
newspaper of general circulation. This notice must be mailed and 
published within 7 days before or after the date of submission of the 
modification request, and the permittee must provide to the Director 
evidence of the mailing and publication. The notice must include:
    (i) Announcement of a 60-day comment period, in accordance with 
Sec. 270.42(b)(5), and the name and address of an Agency contact to 
whom comments must be sent;
    (ii) Announcement of the date, time, and place for a public meeting 
held in accordance with Sec. 270.42(b)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency contact person;
    (v) Location where copies of the modification request and any 
supporting documents can be viewed and copied; and
    (vi) The following statement: ``The permittee's compliance history 
during the life of the permit being modified is available from the 
Agency contact person.''
    (3) The permittee must place a copy of the permit modification 
request and supporting documents in a location accessible to the public 
in the vicinity of the permitted facility.
    (4) The permittee must hold a public meeting no earlier than 15 days 
after the publication of the notice required in paragraph (b)(2) of this 
section and no later than 15 days before the close of the 60-day comment 
period. The meeting must be held to the extent practicable in the 
vicinity of the permitted facility.
    (5) The public shall be provided 60 days to comment on the 
modification request. The comment period will begin on the date the 
permittee publishes the notice in the local newspaper. Comments should 
be submitted to the Agency contact identified in the public notice.
    (6)(i) No later than 90 days after receipt of the notification 
request, the Director must:
    (A) Approve the modification request, with or without changes, and 
modify the permit accordingly;
    (B) Deny the request;
    (C) Determine that the modification request must follow the 
procedures in Sec. 270.42(c) for Class 3 modifications for the 
following reasons:
    (1) There is significant public concern about the proposed 
modification; or
    (2) The complex nature of the change requires the more extensive 
procedures of Class 3.
    (D) Approve the request, with or without changes, as a temporary 
authorization having a term of up to 180 days, or
    (E) Notify the permittee that he or she will decide on the request 
within the next 30 days.
    (ii) If the Director notifies the permittee of a 30-day extension 
for a decision, the Director must, no later than 120 days after receipt 
of the modification request:
    (A) Approve the modification request, with or without changes, and 
modify the permit accordingly;
    (B) Deny the request; or
    (C) Determine that the modification request must follow the 
procedures in Sec. 270.42(c) for Class 3 modifications for the 
following reasons:

[[Page 350]]

    (1) There is significant public concern about the proposed 
modification; or
    (2) The complex nature of the change requires the more extensive 
procedures of Class 3.
    (D) Approve the request, with or without changes, as a temporary 
authorization having a term of up to 180 days.
    (iii) If the Director fails to make one of the decisions specified 
in paragraph (b)(6)(ii) of this section by the 120th day after receipt 
of the modification request, the permittee is automatically authorized 
to conduct the activities described in the modification request for up 
to 180 days, without formal Agency action. The authorized activities 
must be conducted as described in the permit modification request and 
must be in compliance with all appropriate standards of 40 CFR part 265. 
If the Director approves, with or without changes, or denies the 
modification request during the term of the temporary or automatic 
authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of 
this section, such action cancels the temporary or automatic 
authorization.
    (iv)(A) In the case of an automatic authorization under paragraph 
(b)(6)(iii) of this section, or a temporary authorization under 
paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has 
not made a final approval or denial of the modification request by the 
date 50 days prior to the end of the temporary or automatic 
authorization, the permittee must within seven days of that time send a 
notification to persons on the facility mailing list, and make a 
reasonable effort to notify other persons who submitted written comments 
on the modification request, that:
    (1) The permittee has been authorized temporarily to conduct the 
activities described in the permit modification request, and
    (2) Unless the Director acts to give final approval or denial of the 
request by the end of the authorization period, the permittee will 
receive authorization to conduct such activities for the life of the 
permit.
    (B) If the owner/operator fails to notify the public by the date 
specified in paragraph (b)(6)(iv)(A) of this section, the effective date 
of the permanent authorization will be deferred until 50 days after the 
owner/operator notifies the public.
    (v) Except as provided in paragraph (b)(6)(vii) of this section, if 
the Director does not finally approve or deny a modification request 
before the end of the automatic or temporary authorization period or 
reclassify the modification as a Class 3, the permittee is authorized to 
conduct the activities described in the permit modification request for 
the life of the permit unless modified later under Sec. 270.41 or Sec. 
270.42. The activities authorized under this paragraph must be conducted 
as described in the permit modification request and must be in 
compliance with all appropriate standards of 40 CFR part 265.
    (vi) In making a decision to approve or deny a modification request, 
including a decision to issue a temporary authorization or to reclassify 
a modification as a Class 3, the Director must consider all written 
comments submitted to the Agency during the public comment period and 
must respond in writing to all significant comments in his or her 
decision.
    (vii) With the written consent of the permittee, the Director may 
extend indefinitely or for a specified period the time periods for final 
approval or denial of a modification request or for reclassifying a 
modification as a Class 3.
    (7) The Director may deny or change the terms of a Class 2 permit 
modification request under paragraphs (b)(6) (i) through (iii) of this 
section for the following reasons:
    (i) The modification request is incomplete;
    (ii) The requested modification does not comply with the appropriate 
requirements of 40 CFR part 264 or other applicable requirements; or
    (iii) The conditions of the modification fail to protect human 
health and the environment.
    (8) The permittee may perform any construction associated with a 
Class 2 permit modification request beginning 60 days after the 
submission of the request unless the Director establishes a later date 
for commencing construction and informs the permittee in writing before 
day 60.

[[Page 351]]

    (c) Class 3 modifications. (1) For Class 3 modifications listed in 
appendix I of this section, the permittee must submit a modification 
request to the Director that:
    (i) Describes the exact change to be made to the permit conditions 
and supporting documents referenced by the permit;
    (ii) Identifies that the modification is a Class 3 modification;
    (iii) Explains why the modification is needed; and
    (iv) Provides the applicable information required by 40 CFR 270.13 
through 270.22, 270.62, 270.63, and 270.66.
    (2) The permittee must send a notice of the modification request to 
all persons on the facility mailing list maintained by the Director and 
to the appropriate units of State and local government as specified in 
40 CFR 124.10(c)(ix) and must publish this notice in a major local 
newspaper of general circulation. This notice must be mailed and 
published within seven days before or after the date of submission of 
the modification request, and the permittee must provide to the Director 
evidence of the mailing and publication. The notice must include:
    (i) Announcement of a 60-day comment period, and a name and address 
of an Agency contact to whom comments must be sent;
    (ii) Announcement of the date, time, and place for a public meeting 
on the modification request, in accordance with Sec. 270.42(c)(4);
    (iii) Name and telephone number of the permittee's contact person;
    (iv) Name and telephone number of an Agency contact person;
    (v) Location where copies of the modification request and any 
supporting documents can be viewed and copied; and
    (vi) The following statement: ``The permittee's compliance history 
during the life of the permit being modified is available from the 
Agency contact person.''
    (3) The permittee must place a copy of the permit modification 
request and supporting documents in a location accessible to the public 
in the vicinity of the permitted facility.
    (4) The permittee must hold a public meeting no earlier than 15 days 
after the publication of the notice required in paragraph (c)(2) of this 
section and no later than 15 days before the close of the 60-day comment 
period. The meeting must be held to the extent practicable in the 
vicinity of the permitted facility.
    (5) The public shall be provided at least 60 days to comment on the 
modification request. The comment period will begin on the date the 
permittee publishes the notice in the local newspaper. Comments should 
be submitted to the Agency contact identified in the notice.
    (6) After the conclusion of the 60-day comment period, the Director 
must grant or deny the permit modification request according to the 
permit modification procedures of 40 CFR part 124. In addition, the 
Director must consider and respond to all significant written comments 
received during the 60-day comment period.
    (d) Other modifications. (1) In the case of modifications not 
explicitly listed in appendix I of this section, the permittee may 
submit a Class 3 modification request to the Agency, or he or she may 
request a determination by the Director that the modification should be 
reviewed and approved as a Class 1 or Class 2 modification. If the 
permittee requests that the modification be classified as a Class 1 or 2 
modification, he or she must provide the Agency with the necessary 
information to support the requested classification.
    (2) The Director shall make the determination described in paragraph 
(d)(1) of this section as promptly as practicable. In determining the 
appropriate class for a specific modification, the Director shall 
consider the similarity of the modification to other modifications 
codified in appendix I and the following criteria:
    (i) Class 1 modifications apply to minor changes that keep the 
permit current with routine changes to the facility or its operation. 
These changes do not substantially alter the permit conditions or reduce 
the capacity of the facility to protect human health or the environment. 
In the case of Class 1 modifications, the Director may require prior 
approval.
    (ii) Class 2 modifications apply to changes that are necessary to 
enable a

[[Page 352]]

permittee to respond, in a timely manner, to,
    (A) Common variations in the types and quantities of the wastes 
managed under the facility permit,
    (B) Technological advancements, and
    (C) Changes necessary to comply with new regulations, where these 
changes can be implemented without substantially changing design 
specifications or management practices in the permit.
    (iii) Class 3 modifications substantially alter the facility or its 
operation.
    (e) Temporary authorizations. (1) Upon request of the permittee, the 
Director may, without prior public notice and comment, grant the 
permittee a temporary authorization in accordance with this subsection. 
Temporary authorizations must have a term of not more than 180 days.
    (2)(i) The permittee may request a temporary authorization for:
    (A) Any Class 2 modification meeting the criteria in paragraph 
(e)(3)(ii) of this section, and
    (B) Any Class 3 modification that meets the criteria in paragraph 
(3)(ii) (A) or (B) of this section; or that meets the criteria in 
paragraphs (3)(ii) (C) through (E) of this section and provides improved 
management or treatment of a hazardous waste already listed in the 
facility permit.
    (ii) The temporary authorization request must include:
    (A) A description of the activities to be conducted under the 
temporary authorization;
    (B) An explanation of why the temporary authorization is necessary; 
and
    (C) Sufficient information to ensure compliance with 40 CFR part 264 
standards.
    (iii) The permittee must send a notice about the temporary 
authorization request to all persons on the facility mailing list 
maintained by the Director and to appropriate units of State and local 
governments as specified in 40 CFR 124.10(c)(ix). This notification must 
be made within seven days of submission of the authorization request.
    (3) The Director shall approve or deny the temporary authorization 
as quickly as practical. To issue a temporary authorization, the 
Director must find:
    (i) The authorized activities are in compliance with the standards 
of 40 CFR part 264.
    (ii) The temporary authorization is necessary to achieve one of the 
following objectives before action is likely to be taken on a 
modification request:
    (A) To facilitate timely implementation of closure or corrective 
action activities;
    (B) To allow treatment or storage in tanks or containers, or in 
containment buildings in accordance with 40 CFR part 268;
    (C) To prevent disruption of ongoing waste management activities;
    (D) To enable the permittee to respond to sudden changes in the 
types or quantities of the wastes managed under the facility permit; or
    (E) To facilitate other changes to protect human health and the 
environment.
    (4) A temporary authorization may be reissued for one additional 
term of up to 180 days provided that the permittee has requested a Class 
2 or 3 permit modification for the activity covered in the temporary 
authorization, and:
    (i) The reissued temporary authorization constitutes the Director's 
decision on a Class 2 permit modification in accordance with paragraph 
(b)(6)(i)(D) or (ii)(D) of this section, or
    (ii) The Director determines that the reissued temporary 
authorization involving a Class 3 permit modification request is 
warranted to allow the authorized activities to continue while the 
modification procedures of paragraph (c) of this section are conducted.
    (f) Public notice and appeals of permit modification decisions. (1) 
The Director shall notify persons on the facility mailing list and 
appropriate units of State and local government within 10 days of any 
decision under this section to grant or deny a Class 2 or 3 permit 
modification request. The Director shall also notify such persons within 
10 days after an automatic authorization for a Class 2 modification goes 
into effect under Sec. 270.42(b)(6) (iii) or (v).

[[Page 353]]

    (2) The Director's decision to grant or deny a Class 2 or 3 permit 
modification request under this section may be appealed under the permit 
appeal procedures of 40 CFR 124.19.
    (3) An automatic authorization that goes into effect under paragraph 
(b)(6)(iii) or (v) of this section may be appealed under the permit 
appeal procedures of 40 CFR 124.19; however, the permittee may continue 
to conduct the activities pursuant to the automatic authorization unless 
and until a final determination is made by the Environmental Appeals 
Board to grant review and remand the permit decision.
    (g) Newly regulated wastes and units. (1) The permittee is 
authorized to continue to manage wastes listed or identified as 
hazardous under part 261 of this chapter, or to continue to manage 
hazardous waste in units newly regulated as hazardous waste management 
units, if:
    (i) The unit was in existence as a hazardous waste facility with 
respect to the newly listed or characterized waste or newly regulated 
waste management unit on the effective date of the final rule listing or 
identifying the waste, or regulating the unit;
    (ii) The permittee submits a Class 1 modification request on or 
before the date on which the waste or unit becomes subject to the new 
requirements;
    (iii) The permittee is in compliance with the applicable standards 
of 40 CFR parts 265 and 266 of this chapter;
    (iv) The permittee also submits a complete Class 2 or 3 modification 
request within 180 days of the effective date of the rule listing or 
identifying the waste, or subjecting the unit to RCRA Subtitle C 
management standards;
    (v) In the case of land disposal units, the permittee certifies that 
each such unit is in compliance with all applicable requirements of part 
265 of this chapter for groundwater monitoring and financial 
responsibility on the date 12 months after the effective date of the 
rule identifying or listing the waste as hazardous, or regulating the 
unit as a hazardous waste management unit. If the owner or operator 
fails to certify compliance with all these requirements, he or she will 
lose authority to operate under this section.
    (2) New wastes or units added to a facility's permit under this 
subsection do not constitute expansions for the purpose of the 25 
percent capacity expansion limit for Class 2 modifications.
    (h) Military hazardous waste munitions treatment and disposal. The 
permittee is authorized to continue to accept waste military munitions 
notwithstanding any permit conditions barring the permittee from 
accepting off-site wastes, if:
    (1) The facility was in existence as a hazardous waste facility, and 
the facility was already permitted to handle the waste military 
munitions, on the date when the waste military munitions became subject 
to hazardous waste regulatory requirements;
    (2) On or before the date when the waste military munitions become 
subject to hazardous waste regulatory requirements, the permittee 
submits a Class 1 modification request to remove or amend the permit 
provision restricting the receipt of off-site waste munitions; and
    (3) The permittee submits a complete Class 2 modification request 
within 180 days of the date when the waste military munitions became 
subject to hazardous waste regulatory requirements.
    (i) Permit modification list. The Director must maintain a list of 
all approved permit modifications and must publish a notice once a year 
in a State-wide newspaper that an updated list is available for review.
    (j) Combustion facility changes to meet part 63 MACT standards. The 
following procedures apply to hazardous waste combustion facility permit 
modifications requested under appendix I of this section, section L(9).
    (1) Facility owners or operators must have complied with the 
Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210 
that were in effect prior to October 11, 2000, (See 40 CFR part 63 
Sec. Sec. 63.1200-63.1499 revised as of July 1, 2000) in order to 
request a permit modification under this section for the purpose of 
technology changes needed to meet the standards under 40 CFR 63.1203, 
63.1204, and 63.1205.
    (2) Facility owners or operators must comply with the Notification 
of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and 
63.1212(a) before a

[[Page 354]]

permit modification can be requested under this section for the purpose 
of technology changes needed to meet the 40 CFR 63.1215, 63.1216, 
63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on 
October 12, 2005.
    (3) If the Director does not approve or deny the request within 90 
days of receiving it, the request shall be deemed approved. The Director 
may, at his or her discretion, extend this 90 day deadline one time for 
up to 30 days by notifying the facility owner or operator.
    (k) Waiver of RCRA permit conditions in support of transition to the 
part 63 MACT standards. (1) You may request to have specific RCRA 
operating and emissions limits waived by submitting a Class 1 permit 
modification request under appendix I of this section, section L(10). 
You must:
    (i) Identify the specific RCRA permit operating and emissions limits 
which you are requesting to waive;
    (ii) Provide an explanation of why the changes are necessary in 
order to minimize or eliminate conflicts between the RCRA permit and 
MACT compliance; and
    (iii) Discuss how the revised provisions will be sufficiently 
protective.
    (iv) The Director shall approve or deny the request within 30 days 
of receipt of the request. The Director may, as his or her discretion, 
extend this 30 day deadline one time for up to 30 days by notifying the 
facility owner or operator.
    (2) To request this modification in conjunction with MACT 
performance testing where permit limits may only be waived during actual 
test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and 
(ii), for an aggregate time not to exceed 720 hours of operation 
(renewable at the discretion of the Administrator) you must:
    (i) Submit your modification request to the Director at the same 
time you submit your test plans to the Administrator; and
    (ii) The Director may elect to approve or deny the request continent 
upon approval of the test plans.
    (l) [Reserved]

   Appendix I to Sec. 270.42--Classification of Permit Modification
------------------------------------------------------------------------
                         Modifications                            Class
------------------------------------------------------------------------
A. General Permit Provisions
  1. Administrative and informational changes..................        1
  2. Correction of typographical errors........................        1
  3. Equipment replacement or upgrading with functionally              1
   equivalent components (e.g., pipes, valves, pumps,
   conveyors, controls)........................................
  4. Changes in the frequency of or procedures for monitoring,
   reporting, sampling, or maintenance activities by the
   permittee:
    a. To provide for more frequent monitoring, reporting,             1
     sampling, or maintenance..................................
    b. Other changes...........................................        2
  5. Schedule of compliance:
    a. Changes in interim compliance dates, with prior approval    \1\ 1
     of the Director...........................................
    b. Extension of final compliance date......................        3
  6. Changes in expiration date of permit to allow earlier         \1\ 1
   permit termination, with prior approval of the Director.....
  7. Changes in ownership or operational control of a facility,    \1\ 1
   provided the procedures of Sec. 270.40(b) are followed....
  8. Changes to remove permit conditions that are no longer        \1\ 1
   applicable (i.e., because the standards upon which they are
   based are no longer applicable to the facility).............
  9. Changes to remove permit conditions applicable to a unit      \1\ 1
   excluded under the provisions of Sec. 261.4...............
  10. Changes in the expiration date of a permit issued to a       \1\ 1
   facility at which all units are excluded under the
   provisions of Sec. 261.4..................................
B. General Facility Standards
  1. Changes to waste sampling or analysis methods:
    a. To conform with agency guidance or regulations..........        1
    b. To incorporate changes associated with F039 (multi-             1
     source leachate) sampling or analysis methods.............
    c. To incorporate changes associated with underlying           \1\ 1
     hazardous constituents in ignitable or corrosive wastes...
    d. Other changes...........................................        2
  2. Changes to analytical quality assurance/control plan:
    a. To conform with agency guidance or regulations..........        1
    b. Other changes...........................................        2
  3. Changes in procedures for maintaining the operating record        1
  4. Changes in frequency or content of inspection schedules...        2
  5. Changes in the training plan:
    a. That affect the type or decrease the amount of training         2
     given to employees........................................
    b. Other changes...........................................        1
  6. Contingency plan:
    a. Changes in emergency procedures (i.e., spill or release         2
     response procedures)......................................

[[Page 355]]

 
    b. Replacement with functionally equivalent equipment,             1
     upgrade, or relocate emergency equipment listed...........
    c. Removal of equipment from emergency equipment list......        2
    d. Changes in name, address, or phone number of                    1
     coordinators or other persons or agencies identified in
     the plan..................................................
  7. Construction quality assurance plan:
    a. Changes that the CQA officer certifies in the operating         1
     record will provide equivalent or better certainty that
     the unit components meet the design specifications........
    b. Other changes...........................................        2
 
Note: When a permit modification (such as introduction of a new
   unit) requires a change in facility plans or other general
  facility standards, that change shall be reviewed under the
          same procedures as the permit modification.
 
C. Ground-Water Protection
  1. Changes to wells:
    a. Changes in the number, location, depth, or design of            2
     upgradient or downgradient wells of permitted ground-water
     monitoring system.........................................
    b. Replacement of an existing well that has been damaged or        1
     rendered inoperable, without change to location, design,
     or depth of the well......................................
  2. Changes in ground-water sampling or analysis procedures or    \1\ 1
   monitoring schedule, with prior approval of the Director....
  3. Changes in statistical procedure for determining whether a    \1\ 1
   statistically significant change in ground-water quality
   between upgradient and downgradient wells has occurred, with
   prior approval of the Director..............................
  4. Changes in point of compliance............................        2
  5. Changes in indicator parameters, hazardous constituents,
   or concentration limits (including ACLs):
    a. As specified in the groundwater protection standard.....        3
    b. As specified in the detection monitoring program........        2
  6. Changes to a detection monitoring program as required by          2
   Sec. 264.98(h), unless otherwise specified in this
   appendix....................................................
  7. Compliance monitoring program:
    a. Addition of compliance monitoring program as required by        3
     Sec. Sec. 264.98(g)(4) and 264.99......................
    b. Changes to a compliance monitoring program as required          2
     by Sec. 264.99(j), unless otherwise specified in this
     appendix..................................................
  8. Corrective action program:
    a. Addition of a corrective action program as required by          3
     Sec. Sec. 264.99(h)(2) and 264.100.....................
    b. Changes to a corrective action program as required by           2
     Sec. 264.100(h), unless otherwise specified in this
     appendix..................................................
D. Closure
  1. Changes to the closure plan:
    a. Changes in estimate of maximum extent of operations or      \1\ 1
     maximum inventory of waste on-site at any time during the
     active life of the facility, with prior approval of the
     Director..................................................
    b. Changes in the closure schedule for any unit, changes in    \1\ 1
     the final closure schedule for the facility, or extension
     of the closure period, with prior approval of the Director
    c. Changes in the expected year of final closure, where        \1\ 1
     other permit conditions are not changed, with prior
     approval of the Director..................................
    d. Changes in procedures for decontamination of facility       \1\ 1
     equipment or structures, with prior approval of the
     Director..................................................
    e. Changes in approved closure plan resulting from                 2
     unexpected events occurring during partial or final
     closure, unless otherwise specified in this appendix......
    f. Extension of the closure period to allow a landfill,            2
     surface impoundment or land treatment unit to receive non-
     hazardous wastes after final receipt of hazardous wastes
     under Sec. 264.113 (d) and (e)..........................
  2. Creation of a new landfill unit as part of closure........        3
  3. Addition of the following new units to be used temporarily
   for closure activities:
    a. Surface impoundments....................................        3
    b. Incinerators............................................        3
    c. Waste piles that do not comply with Sec. 264.250(c)...        3
    d. Waste piles that comply with Sec. 264.250(c)..........        2
    e. Tanks or containers (other than specified below)........        2
    f. Tanks used for neutralization, dewatering, phase            \1\ 1
     separation, or component separation, with prior approval
     of the Director...........................................
    g. Staging piles...........................................        2
E. Post-Closure
  1. Changes in name, address, or phone number of contact in           1
   post-closure plan...........................................
  2. Extension of post-closure care period.....................        2
  3. Reduction in the post-closure care period.................        3
  4. Changes to the expected year of final closure, where other        1
   permit conditions are not changed...........................
  5. Changes in post-closure plan necessitated by events               2
   occurring during the active life of the facility, including
   partial and final closure...................................
F. Containers
  1. Modification or addition of container units:
    a. Resulting in greater than 25% increase in the facility's        3
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................
    b. Resulting in up to 25% increase in the facility's               2
     container storage capacity, except as provided in F(1)(c)
     and F(4)(a) below.........................................

[[Page 356]]

 
    c. Or treatment processes necessary to treat wastes that       \1\ 1
     are restricted from land disposal to meet some or all of
     the applicable treatment standards or to treat wastes to
     satisfy (in whole or in part) the standard of ``use of
     practically available technology that yields the greatest
     environmental benefit'' contained in Sec.
     268.8(a)(2)(ii), with prior approval of the Director. This
     modification may also involve addition of new waste codes
     or narrative descriptions of wastes. It is not applicable
     to dioxin-containing wastes (F020, 021, 022, 023, 026,
     027, and 028).............................................
  2.
    a. Modification of a container unit without increasing the         2
     capacity of the unit......................................
    b. Addition of a roof to a container unit without                  1
     alteration of the containment system......................
  3. Storage of different wastes in containers, except as
   provided in (F)(4) below:
    a. That require additional or different management                 3
     practices from those authorized in the permit.............
    b. That do not require additional or different management          2
     practices from those authorized in the permit.............
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
  4. Storage or treatment of different wastes in containers:
    a. That require addition of units or change in treatment       \1\ 1
     process or management standards, provided that the wastes
     are restricted from land disposal and are to be treated to
     meet some or all of the applicable treatment standards, or
     that are to be treated to satisfy (in whole or in part)
     the standard of ``use of practically available technology
     that yields the greatest environmental benefit'' contained
     in Sec. 268.8(a)(2)(ii). This modification is not
     applicable to dioxin-containing wastes (F020, 021, 022,
     023, 026, 027, and 028)...................................
    b. That do not require the addition of units or a change in    \1\ 1
     the treatment process or management standards, and
     provided that the units have previously received wastes of
     the same type (e.g., incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
G. Tanks
  1.
    a. Modification or addition of tank units resulting in             3
     greater than 25% increase in the facility's tank capacity,
     except as provided in G(1)(c), G(1)(d), and G(1)(e) below.
    b. Modification or addition of tank units resulting in up          2
     to 25% increase in the facility's tank capacity, except as
     provided in G(1)(d) and G(1)(e) below.....................
    c. Addition of a new tank that will operate for more than          2
     90 days using any of the following physical or chemical
     treatment technologies: neutralization, dewatering, phase
     separation, or component separation.......................
    d. After prior approval of the Director, addition of a new     \1\ 1
     tank that will operate for up to 90 days using any of the
     following physical or chemical treatment technologies:
     neutralization, dewatering, phase separation, or component
     separation................................................
    e. Modification or addition of tank units or treatment         \1\ 1
     processes necessary to treat wastes that are restricted
     from land disposal to meet some or all of the applicable
     treatment standards or to treat wastes to satisfy (in
     whole or in part) the standard of ``use of practically
     available technology that yields the greatest
     environmental benefit'' contained in Sec.
     268.8(a)(2)(ii), with prior approval of the Director. This
     modification may also involve addition of new waste codes.
     It is not applicable to dioxin-containing wastes (F020,
     021, 022, 023, 026, 027, and 028).........................
  2. Modification of a tank unit or secondary containment              2
   system without increasing the capacity of the unit..........
  3. Replacement of a tank with a tank that meets the same             1
   design standards and has a capacity within 10% of the replaced tank provided....................
    --The capacity difference is no more than 1500 gallons,
    --The facility's permitted tank capacity is not increased,
     and
    --The replacement tank meets the same conditions in the
     permit.
  4. Modification of a tank management practice................        2
  5. Management of different wastes in tanks:
    a. That require additional or different management                 3
     practices, tank design, different fire protection
     specifications, or significantly different tank treatment
     process from that authorized in the permit, except as
     provided in (G)(5)(c) below...............................
    b. That do not require additional or different management          2
     practices, tank design, different fire protection
     specifications, or significantly different tank treatment
     process than authorized in the permit, except as provided
     in (G)(5)(d)..............................................
    c. That require addition of units or change in treatment       \1\ 1
     processes or management standards, provided that the
     wastes are restricted from land disposal and are to be
     treated to meet some or all of the applicable treatment
     standards or that are to be treated to satisfy (in whole
     or in part) the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec. 268.8(a)(2)(ii). The
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
    d. That do not require the addition of units or a change in        1
     the treatment process or management standards, and
     provided that the units have previously received wastes of
     the same type (e.g., incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly lilsted or identified wastes.
 
H. Surface Impoundments
  1. Modification or addition of surface impoundment units that        3
   result in increasing the facility's surface impoundment
   storage or treatment capacity...............................
  2. Replacement of a surface impoundment unit.................        3
  3. Modification of a surface impoundment unit without                2
   increasing the facility's surface impoundment storage or
   treatment capacity and without modifying the unit's liner,
   leak detection system, or leachate collection system........
  4. Modification of a surface impoundment management practice.        2

[[Page 357]]

 
  5. Treatment, storage, or disposal of different wastes in
   surface impoundments:
    a. That require additional or different management                 3
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    b. That do not require additional or different management          2
     practices or different design of the liner or leak
     detection system than authorized in the permit............
    c. That are wastes restricted from land disposal that meet         1
     the applicable treatment standards or that are treated to
     satisfy the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec. 269.8(a)(2)(ii), and
     provided that the unit meets the minimum technological
     requirements stated in Sec. 268.5(h)(2). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
    d. That are residues from wastewater treatment or                  1
     incineration, provided that disposal occurs in a unit that
     meets the minimum technological requirements stated in
     Sec. 268.5(h)(2), and provided further that the surface
     impoundment has previously received wastes of the same
     type (for example, incinerator scrubber water). This
     modification is not applicable to dioxin-containing wastes
     (F020, 021, 022, 023, 026, 027, and 028)..................
  6. Modifications of unconstructed units to comply with Sec. \1\ 1
   Sec. 264.221(c), 264.222, 264.223, and 264.226(d).........
  7. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    c. Other changes...........................................        2
 
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
 
I. Enclosed Waste Piles. For all waste piles except those
 complying with Sec. 264.250(c), modifications are treated
 the same as for a landfill. The following modifications are
 applicable only to waste piles complying with Sec.
 264.250(c).
  1. Modification or addition of waste pile units:
    a. Resulting in greater than 25% increase in the facility's        3
     waste pile storage or treatment capacity..................
    b. Resulting in up to 25% increase in the facility's waste         2
     pile storage or treatment capacity........................
  2. Modification of waste pile unit without increasing the            2
   capacity of the unit........................................
  3. Replacement of a waste pile unit with another waste pile          1
   unit of the same design and capacity and meeting all waste
   pile conditions in the permit...............................
  4. Modification of a waste pile management practice..........        2
  5. Storage or treatment of different wastes in waste piles:
    a. That require additional or different management                 3
     practices or different design of the unit.................
    b. That do not require additional or different management          2
     practices or different design of the unit.................
  6. Conversion of an enclosed waste pile to a containment             2
   building unit...............................................
 
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
J. Landfills and Unenclosed Waste Piles
  1. Modification or addition of landfill units that result in         3
   increasing the facility's disposal capacity.................
  2. Replacement of a landfill.................................        3
  3. Addition or modification of a liner, leachate collection          3
   system, leachate detection system, run-off control, or final
   cover system................................................
  4. Modification of a landfill unit without changing a liner,         2
   leachate collection system, leachate detection system, run-
   off control, or final cover system..........................
  5. Modification of a landfill management practice............        2
  6. Landfill different wastes:
    a. That require additional or different management                 3
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    b. That do not require additional or different management          2
     practices, different design of the liner, leachate
     collection system, or leachate detection system...........
    c. That are wastes restricted from land disposal that meet         1
     the applicable treatment standards or that are treated to
     satisfy the standard of ``use of practically available
     technology that yields the greatest environmental
     benefit'' contained in Sec. 268.8(a)(2)(ii), and
     provided that the landfill unit meets the minimum
     technological requirements stated in Sec. 268.5(h)(2).
     This modification is not applicable to dioxin-containing
     wastes (F020, 021, 022, 023, 026, 027, and 028)...........
    d. That are residues from wastewater treatment or                  1
     incineration, provided that disposal occurs in a landfill
     unit that meets the minimum technological requirements
     stated in Sec. 268.5(h)(2), and provided further that
     the landfill has previously received wastes of the same
     type (for example, incinerator ash). This modification is
     not applicable to dioxin-containing wastes (F020, 021,
     022, 023, 026, 027, and 028)..............................
  7. Modifications of unconstructed units to comply with Sec. \1\ 1
   Sec. 264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),
   264.302, 264.303(c), and 264.304............................
  8. Changes in response action plan:
    a. Increase in action leakage rate.........................        3
    b. Change in a specific response reducing its frequency or         3
     effectiveness.............................................
    c. Other changes...........................................        2
 
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes.
 
K. Land Treatment
  1. Lateral expansion of or other modification of a land              3
   treatment unit to increase areal extent.....................
  2. Modification of run-on control system.....................        2
  3. Modify run-off control system.............................        3
  4. Other modifications of land treatment unit component              2
   specifications or standards required in permit..............
  5. Management of different wastes in land treatment units:
    a. That require a change in permit operating conditions or         3
     unit design specifications................................

[[Page 358]]

 
    b. That do not require a change in permit operating                2
     conditions or unit design specifications..................
 
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
  6. Modification of a land treatment unit management practice
   to:
    a. Increase rate or change method of waste application.....        3
    b. Decrease rate of waste application......................        1
  7. Modification of a land treatment unit management practice         2
   to change measures of pH or moisture content, or to enhance
   microbial or chemical reactions.............................
  8. Modification of a land treatment unit management practice         3
   to grow food chain crops, to add to or replace existing
   permitted crops with different food chain crops, or to
   modify operating plans for distribution of animal feeds
   resulting from such crops...................................
  9. Modification of operating practice due to detection of            3
   releases from the land treatment unit pursuant to Sec.
   264.278(g)(2)...............................................
  10. Changes in the unsaturated zone monitoring system,               3
   resulting in a change to the location, depth, number of
   sampling points, or replace unsaturated zone monitoring
   devices or components of devices with devices or components
   that have specifications different from permit requirements.
  11. Changes in the unsaturated zone monitoring system that do        2
   not result in a change to the location, depth, number of
   sampling points, or that replace unsaturated zone monitoring
   devices or components of devices with devices or components
   having specifications different from permit requirements....
  12. Changes in background values for hazardous constituents          2
   in soil and soil-pore liquid................................
  13. Changes in sampling, analysis, or statistical procedure..        2
  14. Changes in land treatment demonstration program prior to         2
   or during the demonstration.................................
  15. Changes in any condition specified in the permit for a       \1\ 1
   land treatment unit to reflect results of the land treatment
   demonstration, provided performance standards are met, and
   the Director's prior approval has been received.............
  16. Changes to allow a second land treatment demonstration to    \1\ 1
   be conducted when the results of the first demonstration
   have not shown the conditions under which the wastes can be
   treated completely, provided the conditions for the second
   demonstration are substantially the same as the conditions
   for the first demonstration and have received the prior
   approval of the Director....................................
  17. Changes to allow a second land treatment demonstration to        3
   be conducted when the results of the first demonstration
   have not shown the conditions under which the wastes can be
   treated completely, where the conditions for the second
   demonstration are not substantially the same as the
   conditions for the first demonstration......................
  18. Changes in vegetative cover requirements for closure.....        2
L. Incinerators, Boilers, and Industrial Furnaces:
  1. Changes to increase by more than 25% any of the following         3
   limits authorized in the permit: A thermal feed rate limit,
   a feedstream feed rate limit, a chlorine/chloride feed rate
   limit, a metal feed rate limit, or an ash feed rate limit.
   The Director will require a new trial burn to substantiate
   compliance with the regulatory performance standards unless
   this demonstration can be made through other means..........
  2. Changes to increase by up to 25% any of the following             2
   limits authorized in the permit: A thermal feed rate limit,
   a feedstream feed rate limit, a chlorine/chloride feed rate
   limit, a metal feed rate limit, or an ash feed rate limit.
   The Director will require a new trial burn to substantiate
   compliance with the regulatory performance standards unless
   this demonstration can be made through other means..........
  3. Modification of an incinerator, boiler, or industrial             3
   furnace unit by changing the internal size or geometry of
   the primary or secondary combustion units, by adding a
   primary or secondary combustion unit, by substantially
   changing the design of any component used to remove HCl/Cl2,
   metals, or particulate from the combustion gases, or by
   changing other features of the incinerator, boiler, or
   industrial furnace that could affect its capability to meet
   the regulatory performance standards. The Director will
   require a new trial burn to substantiate compliance with the
   regulatory performance standards unless this demonstration
   can be made through other means.............................
  4. Modification of an incinerator, boiler, or industrial             2
   furnace unit in a manner that would not likely affect the
   capability of the unit to meet the regulatory performance
   standards but which would change the operating conditions or
   monitoring requirements specified in the permit. The
   Director may require a new trial burn to demonstrate
   compliance with the regulatory performance standards........
  5. Operating requirements:...................................
    a. Modification of the limits specified in the permit for          3
     minimum or maximum combustion gas temperature, minimum
     combustion gas residence time, oxygen concentration in the
     secondary combustion chamber, flue gas carbon monoxide and
     hydrocarbon concentration, maximum temperature at the
     inlet to the particulate matter emission control system,
     or operating parameters for the air pollution control
     system. The Director will require a new trial burn to
     substantiate compliance with the regulatory performance
     standards unless this demonstration can be made through
     other means...............................................
    b. Modification of any stack gas emission limits specified         3
     in the permit, or modification of any conditions in the
     permit concerning emergency shutdown or automatic waste
     feed cutoff procedures or controls........................
    c. Modification of any other operating condition or any            2
     inspection or recordkeeping requirement specified in the
     permit....................................................
  6. Burning different wastes:.................................
    a. If the waste contains a POHC that is more difficult to          3
     burn than authorized by the permit or if burning of the
     waste requires compliance with different regulatory
     performance standards than specified in the permit. The
     Director will require a new trial burn to substantiate
     compliance with the regulatory performance standards
     unless this demonstration can be made through other means.
    b. If the waste does not contain a POHC that is more               2
     difficult to burn than authorized by the permit and if
     burning of the waste does not require compliance with
     different regulatory performance standards than specified
     in the permit.............................................

[[Page 359]]

 
Note: See Sec. 270.42(g) for modification procedures to be
 used for the management of newly listed or identified wastes
 
  7. Shakedown and trial burn:
    a. Modification of the trial burn plan or any of the permit        2
     conditions applicable during the shakedown period for
     determining operational readiness after construction, the
     trial burn period, or the period immediately following the
     trial burn................................................
    b. Authorization of up to an additional 720 hours of waste      \1\1
     burning during the shakedown period for determining
     operational readiness after construction, with the prior
     approval of the Director..................................
    c. Changes in the operating requirements set in the permit      \1\1
     for conducting a trial burn, provided the change is minor
     and has received the prior approval of the Director.......
    d. Changes in the ranges of the operating requirements set      \1\1
     in the permit to reflect the results of the trial burn,
     provided the change is minor and has received the prior
     approval of the Director..................................
  8. Substitution of an alternative type of nonhazardous waste         1
   fuel that is not specified in the permit....................
  9. Technology changes needed to meet standards under 40 CFR      \1\ 1
   part 63 (Subpart EEE--National Emission Standards for
   Hazardous Air Pollutants From Hazardous Waste Combustors),
   provided the procedures of Sec. 270.42(j) are followed.
  10. Changes to RCRA permit provisions needed to support
   transition to 40 CFR part 63 (Subpart EEE--National Emission
   Standards for Hazardous Air Pollutants From Hazardous Waste
   Combustors), provided the procedures of Sec. 270.42(k) are
   followed.
M. Containment Buildings.
1. Modification or addition of containment building units:
  a. Resulting in greater than 25% increase in the facility's          3
   containment building storage or treatment capacity..........
  b. Resulting in up to 25% increase in the facility's                 2
   containment building storage or treatment capacity..........
2. Modification of a containment building unit or secondary            2
 containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment
 building that meets the same design standards provided:
  a. The unit capacity is not increased........................        1
  b. The replacement containment building meets the same               1
   conditions in the permit....................................
4. Modification of a containment building management practice..        2
5. Storage or treatment of different wastes in containment
 buildings:
  a. That require additional or different management practices.        3
  b. That do not require additional or different management            2
   practices...................................................
N. Corrective Action:
  1. Approval of a corrective action management unit pursuant          3
   to Sec. 264.552...........................................
  2. Approval of a temporary unit or time extension for a              2
   temporary unit pursuant to Sec. 264.553...................
  3. Approval of a staging pile or staging pile operating term         2
   extension pursuant to Sec. 264.554........................
O. Burden Reduction
1. [Reserved]
2. Development of one contingency plan based on Integrated             1
 Contingency Plan Guidance pursuant to Sec. 264.52(b)........
3. Changes to recordkeeping and reporting requirements pursuant        1
 to: Sec. Sec. 264.56(i), 264.343(a)(2), 264.1061(b)(1),(d),
 264.1062(a)(2), 264.196(f), 264.100(g), and 264.113(e)(5)
4. Changes to inspection frequency for tank systems pursuant to        1
 Sec. 264.195(b)
5. Changes to detection and compliance monitoring program             1
 pursuant to Sec. Sec. 264.98(d), (g)(2), and (g)(3),
 264.99(f), and (g)
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.


[53 FR 37936, Sept. 28, 1988]

    Editorial Note: For Federal Register citations affecting Sec. 
270.42, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 270.43  Termination of permits.

    (a) The following are causes for terminating a permit during its 
term, or for denying a permit renewal application:
    (1) Noncompliance by the permittee with any condition of the permit;
    (2) The permittee's failure in the application or during the permit 
issuance process to disclose fully all relevant facts, or the 
permittee's misrepresentation of any relevant facts at any time; or
    (3) A determination that the permitted activity endangers human 
health or the environment and can only be regulated to acceptable levels 
by permit modification or termination.
    (b) The Director shall follow the applicable procedures in part 124 
or part 22, as appropriate or State procedures in terminating any permit 
under this section.

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

[[Page 360]]



            Subpart E_Expiration and Continuation of Permits



Sec. 270.50  Duration of permits.

    (a) RCRA permits shall be effective for a fixed term not to exceed 
10 years.
    (b) Except as provided in Sec. 270.51, the term of a permit shall 
not be extended by modification beyond the maximum duration specified in 
this section.
    (c) The Director may issue any permit for a duration that is less 
than the full allowable term under this section.
    (d) Each permit for a land disposal facility shall be reviewed by 
the Director five years after the date of permit issuance or reissuance 
and shall be modified as necessary, as provided in Sec. 270.41.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985]



Sec. 270.51  Continuation of expiring permits.

    (a) EPA permits. When EPA is the permit-issuing authority, the 
conditions of an expired permit continue in force under 5 U.S.C. 558(c) 
until the effective date of a new permit (see Sec. 124.15) if:
    (1) The permittee has submitted a timely application under Sec. 
270.14 and the applicable sections in Sec. Sec. 270.15 through 270.29 
which is a complete (under Sec. 270.10(c)) application for a new 
permit; and
    (2) The Regional Administrator through no fault of the permittee, 
does not issue a new permit with an effective date under Sec. 124.15 on 
or before the expiration date of the previous permit (for example, when 
issuance is impracticable due to time or resource constraints).
    (b) Effect. Permits continued under this section remain fully 
effective and enforceable.
    (c) Enforcement. When the permittee is not in compliance with the 
conditions of the expiring or expired permit, the Regional Administrator 
may choose to do any or all of the following:
    (1) Initiate enforcement action based upon the permit which has been 
continued;
    (2) Issue a notice of intent to deny the new permit under Sec. 
124.6. If the permit is denied, the owner or operator would then be 
required to cease the activities authorized by the continued permit or 
be subject to enforcement action for operating without a permit;
    (3) Issue a new permit under part 124 with appropriate conditions; 
or
    (4) Take other actions authorized by these regulations.
    (d) State continuation. In a State with a hazardous waste program 
authorized under 40 CFR part 271, if a permittee has submitted a timely 
and complete application under applicable State law and regulations, the 
terms and conditions of an EPA-issued RCRA permit continue in force 
beyond the expiration date of the permit, but only until the effective 
date of the State's issuance or denial of a State RCRA permit.
    (e) Standardized permits. (1) The conditions of your expired 
standardized permit continue until the effective date of your new permit 
(see 40 CFR 124.15) if all of the following are true:
    (i) If EPA is the permit-issuing authority.
    (ii) If you submit a timely and complete Notice of Intent under 40 
CFR 124.202(b) requesting coverage under a RCRA standardized permit; and
    (iii) If the Director, through no fault on your part, does not issue 
your permit before your previous permit expires (for example, where it 
is impractical to make the permit effective by that date because of time 
or resource constraints).
    (2) In some cases, the Director may notify you that you are not 
eligible for a standardized permit (see 40 CFR 124.206). In those cases, 
the conditions of your expired permit will continue if you submit the 
information specified in paragraph (a)(1) of this section (that is, a 
complete application for a new permit) within 60 days after you receive 
our notification that you are not eligible for a standardized permit.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 70 
FR 53475, Sept. 8, 2005]

[[Page 361]]



                   Subpart F_Special Forms of Permits



Sec. 270.60  Permits by rule.

    Notwithstanding any other provision of this part or part 124, the 
following shall be deemed to have a RCRA permit if the conditions listed 
are met:
    (a) Ocean disposal barges or vessels. The owner or operator of a 
barge or other vessel which accepts hazardous waste for ocean disposal, 
if the owner or operator:
    (1) Has a permit for ocean dumping issued under 40 CFR part 220 
(Ocean Dumping, authorized by the Marine Protection, Research, and 
Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq.);
    (2) Complies with the conditions of that permit; and
    (3) Complies with the following hazardous waste regulations:
    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report; and
    (vi) 40 CFR 264.76, Unmanifested waste report.
    (b) Injection wells. The owner or operator of an injection well 
disposing of hazardous waste, if the owner or operator:
    (1) Has a permit for underground injection issued under part 144 or 
145; and
    (2) Complies with the conditions of that permit and the requirements 
of Sec. 144.14 (requirements for wells managing hazardous waste).
    (3) For UIC permits issued after November 8, 1984:
    (i) Complies with 40 CFR 264.101; and
    (ii) Where the UIC well is the only unit at a facility which 
requires a RCRA permit, complies with 40 CFR 270.14(d).
    (c) Publicly owned treatment works. The owner or operator of a POTW 
which accepts for treatment hazardous waste, if the owner or operator:
    (1) Has an NPDES permit;
    (2) Complies with the conditions of that permit; and
    (3) Complies with the following regulations:
    (i) 40 CFR 264.11, Identification number;
    (ii) 40 CFR 264.71, Use of manifest system;
    (iii) 40 CFR 264.72, Manifest discrepancies;
    (iv) 40 CFR 264.73(a) and (b)(1), Operating record;
    (v) 40 CFR 264.75, Biennial report;
    (vi) 40 CFR 264.76, Unmanifested waste report; and
    (vii) For NPDES permits issued after November 8, 1984, 40 CFR 
264.101.
    (4) If the waste meets all Federal, State, and local pretreatment 
requirements which would be applicable to the waste if it were being 
discharged into the POTW through a sewer, pipe, or similar conveyance.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 
FR 45799, Dec. 1, 1987]



Sec. 270.61  Emergency permits.

    (a) Notwithstanding any other provision of this part or part 124, in 
the event the Director finds an imminent and substantial endangerment to 
human health or the environment the Director may issue a temporary 
emergency permit: (1) To a non-permitted facility to allow treatment, 
storage, or disposal of hazardous waste or (2) to a permitted facility 
to allow treatment, storage, or disposal of a hazardous waste not 
covered by an effective permit.
    (b) This emergency permit:
    (1) May be oral or written. If oral, it shall be followed in five 
days by a written emergency permit;
    (2) Shall not exceed 90 days in duration;
    (3) Shall clearly specify the hazardous wastes to be received, and 
the manner and location of their treatment, storage, or disposal;
    (4) May be terminated by the Director at any time without process if 
he or she determines that termination is appropriate to protect human 
health and the environment;
    (5) Shall be accompanied by a public notice published under Sec. 
124.10(b) including:
    (i) Name and address of the office granting the emergency 
authorization;
    (ii) Name and location of the permitted HWM facility;

[[Page 362]]

    (iii) A brief description of the wastes involved;
    (iv) A brief description of the action authorized and reasons for 
authorizing it; and
    (v) Duration of the emergency permit; and
    (6) Shall incorporate, to the extent possible and not inconsistent 
with the emergency situation, all applicable requirements of this part 
and 40 CFR parts 264 and 266.

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 
FR 63433, Dec. 11, 1996]



Sec. 270.62  Hazardous waste incinerator permits.

    When an owner or operator of a hazardous waste incineration unit 
becomes subject to RCRA permit requirements after October 12, 2005, or 
when an owner or operator of an existing hazardous waste incineration 
unit demonstrates compliance with the air emission standards and 
limitations in part 63, subpart EEE, of this chapter (i.e., by 
conducting a comprehensive performance test and submitting a 
Notification of Compliance under Sec. Sec. 63.1207(j) and 63.1210(d) of 
this chapter documenting compliance with all applicable requirements of 
part 63, subpart EEE, of this chapter), the requirements of this section 
do not apply, except those provisions the Director determines are 
necessary to ensure compliance with Sec. Sec. 264.345(a) and 264.345(c) 
of this chapter if you elect to comply with Sec. 270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events. Nevertheless, the Director may apply the provisions 
of this section, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec. 270.10(k), 270.10(l), 
270.32(b)(2), and 270.32(b)(3).
    (a) For the purposes of determining operational readiness following 
completion of physical construction, the Director must establish permit 
conditions, including but not limited to allowable waste feeds and 
operating conditions, in the permit to a new hazardous waste 
incinerator. These permit conditions will be effective for the minimum 
time required to bring the incinerator to a point of operational 
readiness to conduct a trial burn, not to exceed 720 hours operating 
time for treatment of hazardous waste. The Director may extend the 
duration of this operational period once, for up to 720 additional 
hours, at the request of the applicant when good cause is shown. The 
permit may be modified to reflect the extension according to Sec. 
270.42 of this chapter.
    (1) Applicants must submit a statement, with part B of the permit 
application, which suggests the conditions necessary to operate in 
compliance with the performance standards of Sec. 264.343 of this 
chapter during this period. This statement should include, at a minimum, 
restrictions on waste constituents, waste feed rates and the operating 
parameters identified in Sec. 264.345 of this chapter.
    (2) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
requirements for this period sufficient to meet the performance 
standards of Sec. 264.343 of this chapter based on his engineering 
judgment.
    (b) For the purposes of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, the Director must establish conditions in the permit for a new 
hazardous waste incinerator to be effective during the trial burn.
    (1) Applicants must propose a trial burn plan, prepared under 
paragraph (b)(2) of this section with a part B of the permit 
application.
    (2) The trial burn plan must include the following information:
    (i) An analysis of each waste or mixture of wastes to be burned 
which includes:
    (A) Heat value of the waste in the form and composition in which it 
will be burned.
    (B) Viscosity (if applicable), or description of the physical form 
of the waste.
    (C) An identification of any hazardous organic constituents listed 
in part 261, appendix VIII of this chapter, which are present in the 
waste to be burned, except that the applicant need not analyze for 
constituents listed in

[[Page 363]]

part 261, appendix VIII, of this chapter which would reasonably not be 
expected to be found in the waste. The constituents excluded from 
analysis must be identified, and the basis for the exclusion stated. The 
waste analysis must rely on appropriate analytical techniques.
    (D) An approximate quantification of the hazardous constituents 
identified in the waste, within the precision produced by appropriate 
analytical methods.
    (ii) A detailed engineering description of the incinerator for which 
the permit is sought including:
    (A) Manufacturer's name and model number of incinerator (if 
available).
    (B) Type of incinerator.
    (C) Linear dimensions of the incinerator unit including the cross 
sectional area of combustion chamber.
    (D) Description of the auxiliary fuel system (type/feed).
    (E) Capacity of prime mover.
    (F) Description of automatic waste feed cut-off system(s).
    (G) Stack gas monitoring and pollution control equipment.
    (H) Nozzle and burner design.
    (I) Construction materials.
    (J) Location and description of temperature, pressure, and flow 
indicating and control devices.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (iv) A detailed test schedule for each waste for which the trial 
burn is planned including date(s), duration, quantity of waste to be 
burned, and other factors relevant to the Director's decision under 
paragraph (b)(5) of this section.
    (v) A detailed test protocol, including, for each waste identified, 
the ranges of temperature, waste feed rate, combustion gas velocity, use 
of auxiliary fuel, and any other relevant parameters that will be varied 
to affect the destruction and removal efficiency of the incinerator.
    (vi) A description of, and planned operating conditions for, any 
emission control equipment which will be used.
    (vii) Procedures for rapidly stopping waste feed, shutting down the 
incinerator, and controlling emissions in the event of an equipment 
malfunction.
    (viii) Such other information as the Director reasonably finds 
necessary to determine whether to approve the trial burn plan in light 
of the purposes of this paragraph and the criteria in paragraph (b)(5) 
of this section.
    (3) The Director, in reviewing the trial burn plan, shall evaluate 
the sufficiency of the information provided and may require the 
applicant to supplement this information, if necessary, to achieve the 
purposes of this paragraph.
    (4) Based on the waste analysis data in the trial burn plan, the 
Director will specify as trial Principal Organic Hazardous Constituents 
(POHCs), those constituents for which destruction and removal 
efficiencies must be calculated during the trial burn. These trial POHCs 
will be specified by the Director based on his estimate of the 
difficulty of incineration of the constituents identified in the waste 
analysis, their concentration or mass in the waste feed, and, for wastes 
listed in part 261, subpart D, of this chapter, the hazardous waste 
organic constituent or constituents identified in appendix VII of that 
part as the basis for listing.
    (5) The Director shall approve a trial burn plan if he finds that:
    (i) The trial burn is likely to determine whether the incinerator 
performance standard required by Sec. 264.343 of this chapter can be 
met;
    (ii) The trial burn itself will not present an imminent hazard to 
human health or the environment;
    (iii) The trial burn will help the Director to determine operating 
requirements to be specified under Sec. 264.345 of this chapter; and
    (iv) The information sought in paragraphs (b)(5) (i) and (ii) of 
this section cannot reasonably be developed through other means.
    (6) The Director must send a notice to all persons on the facility 
mailing list as set forth in 40 CFR 124.10(c)(1)(ix) and to the 
appropriate units of State and local government as set forth in 40 CFR 
124.10(c)(1)(x) announcing the scheduled commencement and completion 
dates for the trial

[[Page 364]]

burn. The applicant may not commence the trial burn until after the 
Director has issued such notice.
    (i) This notice must be mailed within a reasonable time period 
before the scheduled trial burn. An additional notice is not required if 
the trial burn is delayed due to circumstances beyond the control of the 
facility or the permitting agency.
    (ii) This notice must contain:
    (A) The name and telephone number of the applicant's contact person;
    (B) The name and telephone number of the permitting agency's contact 
office;
    (C) The location where the approved trial burn plan and any 
supporting documents can be reviewed and copied; and
    (D) An expected time period for commencement and completion of the 
trial burn.
    (7) During each approved trial burn (or as soon after the burn as is 
practicable), the applicant must make the following determinations:
    (i) A quantitative analysis of the trial POHCs in the waste feed to 
the incinerator.
    (ii) A quantitative analysis of the exhaust gas for the 
concentration and mass emissions of the trial POHCs, oxygen 
(O2) and hydrogen chloride (HCl).
    (iii) A quantitative analysis of the scrubber water (if any), ash 
residues, and other residues, for the purpose of estimating the fate of 
the trial POHCs.
    (iv) A computation of destruction and removal efficiency (DRE), in 
accordance with the DRE formula specified in Sec. 264.343(a) of this 
chapter.
    (v) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour 
(4 pounds per hour), a computation of HCl removal efficiency in 
accordance with Sec. 264.343(b) of this chapter.
    (vi) A computation of particulate emissions, in accordance with 
Sec. 264.343(c) of this chapter.
    (vii) An identification of sources of fugitive emissions and their 
means of control.
    (viii) A measurement of average, maximum, and minimum temperatures 
and combustion gas velocity.
    (ix) A continuous measurement of carbon monoxide (CO) in the exhaust 
gas.
    (x) Such other information as the Director may specify as necessary 
to ensure that the trial burn will determine compliance with the 
performance standards in Sec. 264.343 of this chapter and to establish 
the operating conditions required by Sec. 264.345 of this chapter as 
necessary to meet that performance standard.
    (8) The applicant must submit to the Director a certification that 
the trial burn has been carried out in accordance with the approved 
trial burn plan, and must submit the results of all the determinations 
required in paragraph (b)(6) of this section. This submission shall be 
made within 90 days of completion of the trial burn, or later if 
approved by the Director.
    (9) All data collected during any trial burn must be submitted to 
the Director following the completion of the trial burn.
    (10) All submissions required by this paragraph must be certified on 
behalf of the applicant by the signature of a person authorized to sign 
a permit application or a report under Sec. 270.11.
    (11) Based on the results of the trial burn, the Director shall set 
the operating requirements in the final permit according to Sec. 
264.345 of this chapter. The permit modification shall proceed according 
to Sec. 270.42.
    (c) For the purposes of allowing operation of a new hazardous waste 
incinerator following completion of the trial burn and prior to final 
modification of the permit conditions to reflect the trial burn results, 
the Director may establish permit conditions, including but not limited 
to allowable waste feeds and operating conditions sufficient to meet the 
requirements of Sec. 264.345 of this chapter, in the permit to a new 
hazardous waste incinerator. These permit conditions will be effective 
for the minimum time required to complete sample analysis, data 
computation and submission of the trial burn results by the applicant, 
and modification of the facility permit by the Director.
    (1) Applicants must submit a statement, with part B of the permit 
application, which identifies the conditions necessary to operate in 
compliance with the performance standards of

[[Page 365]]

Sec. 264.343 of this chapter, during this period. This statement should 
include, at a minimum, restrictions on waste constituents, waste feed 
rates, and the operating parameters in Sec. 264.345 of this chapter.
    (2) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
those requirements for this period most likely to meet the performance 
standards of Sec. 264.343 of this chapter based on his engineering 
judgment.
    (d) For the purpose of determining feasibility of compliance with 
the performance standards of Sec. 264.343 of this chapter and of 
determining adequate operating conditions under Sec. 264.345 of this 
chapter, the applicant for a permit for an existing hazardous waste 
incinerator must prepare and submit a trial burn plan and perform a 
trial burn in accordance with Sec. 270.19(b) and paragraphs (b)(2) 
through (b)(5) and (b)(7) through (b)(10) of this section or, instead, 
submit other information as specified in Sec. 270.19(c). The Director 
must announce his or her intention to approve the trial burn plan in 
accordance with the timing and distribution requirements of paragraph 
(b)(6) of this section. The contents of the notice must include: the 
name and telephone number of a contact person at the facility; the name 
and telephone number of a contact office at the permitting agency; the 
location where the trial burn plan and any supporting documents can be 
reviewed and copied; and a schedule of the activities that are required 
prior to permit issuance, including the anticipated time schedule for 
agency approval of the plan and the time period during which the trial 
burn would be conducted. Applicants submitting information under Sec. 
270.19(a) are exempt from compliance with 40 CFR 264.343 and 264.345 
and, therefore, are exempt from the requirement to conduct a trial burn. 
Applicants who submit trial burn plans and receive approval before 
submission of a permit application must complete the trial burn and 
submit the results, specified in paragraph (b)(7) of this section, with 
part B of the permit application. If completion of this process 
conflicts with the date set for submission of the part B application, 
the applicant must contact the Director to establish a later date for 
submission of the part B application or the trial burn results. Trial 
burn results must be submitted prior to issuance of the permit. When the 
applicant submits a trial burn plan with part B of the permit 
application, the Director will specify a time period prior to permit 
issuance in which the trial burn must be conducted and the results 
submitted.

[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988; 
58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, 
Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 
70 FR 34590, June 14, 2005; 70 FR 59578, Oct. 12, 2005]



Sec. 270.63  Permits for land treatment demonstrations using 
field test or laboratory analyses.

    (a) For the purpose of allowing an owner or operator to meet the 
treatment demonstration requirements of Sec. 264.272 of this chapter, 
the Director may issue a treatment demonstration permit. The permit must 
contain only those requirements necessary to meet the standards in Sec. 
264.272(c). The permit may be issued either as a treatment or disposal 
permit covering only the field test or laboratory analyses, or as a two-
phase facility permit covering the field tests, or laboratory analyses, 
and design, construction operation and maintenance of the land treatment 
unit.
    (1) The Director may issue a two-phase facility permit if he finds 
that, based on information submitted in part B of the application, 
substantial, although incomplete or inconclusive, information already 
exists upon which to base the issuance of a facility permit.
    (2) If the Director finds that not enough information exists upon 
which he can establish permit conditions to attempt to provide for 
compliance with all of the requirements of subpart M, he must issue a 
treatment demonstration permit covering only the field test or 
laboratory analyses.
    (b) If the Director finds that a phased permit may be issued, he 
will establish, as requirements in the first phase of the facility 
permit, conditions for conducting the field tests or laboratory 
analyses. These permit conditions will

[[Page 366]]

include design and operating parameters (including the duration of the 
tests or analyses and, in the case of field tests, the horizontal and 
vertical dimensions of the treatment zone), monitoring procedures, post-
demonstration clean-up activities, and any other conditions which the 
Director finds may be necessary under Sec. 264.272(c). The Director 
will include conditions in the second phase of the facility permit to 
attempt to meet all subpart M requirements pertaining to unit design, 
construction, operation, and maintenance. The Director will establish 
these conditions in the second phase of the permit based upon the 
substantial but incomplete or inconclusive information contained in the 
part B application.
    (1) The first phase of the permit will be effective as provided in 
Sec. 124.15(b) of this chapter.
    (2) The second phase of the permit will be effective as provided in 
paragraph (d) of this section.
    (c) When the owner or operator who has been issued a two-phase 
permit has completed the treatment demonstration, he must submit to the 
Director a certification, signed by a person authorized to sign a permit 
application or report under Sec. 270.11, that the field tests or 
laboratory analyses have been carried out in accordance with the 
conditions specified in phase one of the permit for conducting such 
tests or analyses. The owner or operator must also submit all data 
collected during the field tests or laboratory analyses within 90 days 
of completion of those tests or analyses unless the Director approves a 
later date.
    (d) If the Director determines that the results of the field tests 
or laboratory analyses meet the requirements of Sec. 264.272 of this 
chapter, he will modify the second phase of the permit to incorporate 
any requirements necessary for operation of the facility in compliance 
with part 264, subpart M, of this chapter, based upon the results of the 
field tests or laboratory analyses.
    (1) This permit modification may proceed under Sec. 270.42, or 
otherwise will proceed as a modification under Sec. 270.41(a)(2). If 
such modifications are necessary, the second phase of the permit will 
become effective only after those modifications have been made.
    (2) If no modifications of the second phase of the permit are 
necessary, the Director will give notice of his final decision to the 
permit applicant and to each person who submitted written comments on 
the phased permit or who requested notice of the final decision on the 
second phase of the permit. The second phase of the permit then will 
become effective as specified in Sec. 124.15(b).

[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988]



Sec. 270.64  Interim permits for UIC wells.

    The Director may issue a permit under this part to any Class I UIC 
well (see Sec. 144.6) injecting hazardous wastes within a State in 
which no UIC program has been approved or promulgated. Any such permit 
shall apply and insure compliance with all applicable requirements of 40 
CFR part 264, subpart R (RCRA standards for wells), and shall be for a 
term not to exceed two years. No such permit shall be issued after 
approval or promulgation of a UIC program in the State. Any permit under 
this section shall contain a condition providing that it will terminate 
upon final action by the Director under a UIC program to issue or deny a 
UIC permit for the facility.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]



Sec. 270.65  Research, development, and demonstration permits.

    (a) The Administrator may issue a research, development, and 
demonstration permit for any hazardous waste treatment facility which 
proposes to utilize an innovative and experimental hazardous waste 
treatment technology or process for which permit standards for such 
experimental activity have not been promulgated under part 264 or 266. 
Any such permit shall include such terms and conditions as will assure 
protection of human health and the environment. Such permits:
    (1) Shall provide for the construction of such facilities as 
necessary, and for operation of the facility for not longer

[[Page 367]]

than one year unless renewed as provided in paragraph (d) of this 
section, and
    (2) Shall provide for the receipt and treatment by the facility of 
only those types and quantities of hazardous waste which the 
Administrator deems necessary for purposes of determining the efficacy 
and performance capabilities of the technology or process and the 
effects of such technology or process on human health and the 
environment, and
    (3) Shall include such requirements as the Administrator deems 
necessary to protect human health and the environment (including, but 
not limited to, requirements regarding monitoring, operation, financial 
responsibility, closure, and remedial action), and such requirements as 
the Administrator deems necessary regarding testing and providing of 
information to the Administrator with respect to the operation of the 
facility.
    (b) For the purpose of expediting review and issuance of permits 
under this section, the Administrator may, consistent with the 
protection of human health and the environment, modify or waive permit 
application and permit issuance requirements in parts 124 and 270 except 
that there may be no modification or waiver of regulations regarding 
financial responsibility (including insurance) or of procedures 
regarding public participation.
    (c) The Administrator may order an immediate termination of all 
operations at the facility at any time he determines that termination is 
necessary to protect human health and the environment.
    (d) Any permit issued under this section may be renewed not more 
than three times. Each such renewal shall be for a period of not more 
than 1 year.

[50 FR 28752, July 15, 1985]



Sec. 270.66  Permits for boilers and industrial 
furnaces burning hazardous waste.

    When an owner or operator of a cement kiln, lightweight aggregate 
kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid 
production furnace becomes subject to RCRA permit requirements after 
October 12, 2005 or when an owner or operator of an existing cement 
kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, 
or hydrochloric acid production furnace demonstrates compliance with the 
air emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Sec. Sec. 63.1207(j) and 
63.1210(d) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the requirements 
of this section do not apply. The requirements of this section do apply, 
however, if the Director determines certain provisions are necessary to 
ensure compliance with Sec. Sec. 266.102(e)(1) and 266.102(e)(2)(iii) 
of this chapter if you elect to comply with Sec. 270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events; or if you are an area source and elect to comply 
with the Sec. Sec. 266.105, 266.106, and 266.107 standards and 
associated requirements for particulate matter, hydrogen chloride and 
chlorine gas, and non-mercury metals; or the Director determines certain 
provisions apply, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec. 270.10(k), 270.10(l), 
270.32(b)(2), and 270.32(b)(3).
    (a) General. Owners and operators of new boilers and industrial 
furnaces (those not operating under the interim status standards of 
Sec. 266.103 of this chapter) are subject to paragraphs (b) through (f) 
of this section. Boilers and industrial furnaces operating under the 
interim status standards of Sec. 266.103 of this chapter are subject to 
paragraph (g) of this section.
    (b) Permit operating periods for new boilers and industrial 
furnaces. A permit for a new boiler or industrial furnace shall specify 
appropriate conditions for the following operating periods:
    (1) Pretrial burn period. For the period beginning with initial 
introduction of hazardous waste and ending with initiation of the trial 
burn, and only for the minimum time required to bring the boiler or 
industrial furnace to a point of operational readiness to conduct a 
trial burn, not to exceed 720 hours operating time when burning 
hazardous waste, the Director must establish in

[[Page 368]]

the Pretrial Burn Period of the permit conditions, including but not 
limited to, allowable hazardous waste feed rates and operating 
conditions. The Director may extend the duration of this operational 
period once, for up to 720 additional hours, at the request of the 
applicant when good cause is shown. The permit may be modified to 
reflect the extension according to Sec. 270.42.
    (i) Applicants must submit a statement, with part B of the permit 
application, that suggests the conditions necessary to operate in 
compliance with the standards of Sec. Sec. 266.104 through 266.107 of 
this chapter during this period. This statement should include, at a 
minimum, restrictions on the applicable operating requirements 
identified in Sec. 266.102(e) of this chapter.
    (ii) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
requirements for this period sufficient to meet the performance 
standards of Sec. Sec. 266.104 through 266.107 of this chapter based on 
his/her engineering judgment.
    (2) Trial burn period. For the duration of the trial burn, the 
Director must establish conditions in the permit for the purposes of 
determining feasibility of compliance with the performance standards of 
Sec. Sec. 266.104 through 266.107 of this chapter and determining 
adequate operating conditions under Sec. 266.102(e) of this chapter. 
Applicants must propose a trial burn plan, prepared under paragraph (c) 
of this section, to be submitted with part B of the permit application.
    (3) Post-trial burn period. (i) For the period immediately following 
completion of the trial burn, and only for the minimum period sufficient 
to allow sample analysis, data computation, and submission of the trial 
burn results by the applicant, and review of the trial burn results and 
modification of the facility permit by the Director to reflect the trial 
burn results, the Director will establish the operating requirements 
most likely to ensure compliance with the performance standards of 
Sec. Sec. 266.104 through 266.107 of this chapter based on his 
engineering judgment.
    (ii) Applicants must submit a statement, with part B of the 
application, that identifies the conditions necessary to operate during 
this period in compliance with the performance standards of Sec. Sec. 
266.104 through 266.107 of this chapter. This statement should include, 
at a minimum, restrictions on the operating requirements provided by 
Sec. 266.102(e) of this chapter.
    (iii) The Director will review this statement and any other relevant 
information submitted with part B of the permit application and specify 
requirements for this period sufficient to meet the performance 
standards of Sec. Sec. 266.104 through 266.107 of this chapter based on 
his/her engineering judgment.
    (4) Final permit period. For the final period of operation, the 
Director will develop operating requirements in conformance with Sec. 
266.102(e) of this chapter that reflect conditions in the trial burn 
plan and are likely to ensure compliance with the performance standards 
of Sec. Sec. 266.104 through 266.107 of this chapter. Based on the 
trial burn results, the Director shall make any necessary modifications 
to the operating requirements to ensure compliance with the performance 
standards. The permit modification shall proceed according to Sec. 
270.42.
    (c) Requirements for trial burn plans. The trial burn plan must 
include the following information. The Director, in reviewing the trial 
burn plan, shall evaluate the sufficiency of the information provided 
and may require the applicant to supplement this information, if 
necessary, to achieve the purposes of this paragraph:
    (1) An analysis of each feed stream, including hazardous waste, 
other fuels, and industrial furnace feed stocks, as fired, that 
includes:
    (i) Heating value, levels of antimony, arsenic, barium, beryllium, 
cadmium, chromium, lead, mercury, silver, thallium, total chlorine/
chloride, and ash;
    (ii) Viscosity or description of the physical form of the feed 
stream;
    (2) An analysis of each hazardous waste, as fired, including:
    (i) An identification of any hazardous organic constituents listed 
in appendix VIII, part 261, of this chapter that are present in the feed 
stream, except that the applicant need not analyze for constituents 
listed in appendix VIII that would reasonably not be expected to be

[[Page 369]]

found in the hazardous waste. The constituents excluded from analysis 
must be identified and the basis for this exclusion explained. The waste 
analysis must be conducted in accordance with appropriate analytical 
techniques.
    (ii) An approximate quantification of the hazardous constituents 
identified in the hazardous waste, within the precision produced by 
appropriate analytical methods.
    (iii) A description of blending procedures, if applicable, prior to 
firing the hazardous waste, including a detailed analysis of the 
hazardous waste prior to blending, an analysis of the material with 
which the hazardous waste is blended, and blending ratios.
    (3) A detailed engineering description of the boiler or industrial 
furnace, including:
    (i) Manufacturer's name and model number of the boiler or industrial 
furnace;
    (ii) Type of boiler or industrial furnace;
    (iii) Maximum design capacity in appropriate units;
    (iv) Description of the feed system for the hazardous waste, and, as 
appropriate, other fuels and industrial furnace feedstocks;
    (v) Capacity of hazardous waste feed system;
    (vi) Description of automatic hazardous waste feed cutoff system(s);
    (vii) Description of any air pollution control system; and
    (viii) Description of stack gas monitoring and any pollution control 
monitoring systems.
    (4) A detailed description of sampling and monitoring procedures 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (5) A detailed test schedule for each hazardous waste for which the 
trial burn is planned, including date(s), duration, quantity of 
hazardous waste to be burned, and other factors relevant to the 
Director's decision under paragraph (b)(2) of this section.
    (6) A detailed test protocol, including, for each hazardous waste 
identified, the ranges of hazardous waste feed rate, and, as 
appropriate, the feed rates of other fuels and industrial furnace 
feedstocks, and any other relevant parameters that may affect the 
ability of the boiler or industrial furnace to meet the performance 
standards in Sec. Sec. 266.104 through 266.107 of this chapter.
    (7) A description of, and planned operating conditions for, any 
emission control equipment that will be used.
    (8) Procedures for rapidly stopping the hazardous waste feed and 
controlling emissions in the event of an equipment malfunction.
    (9) Such other information as the Director reasonably finds 
necessary to determine whether to approve the trial burn plan in light 
of the purposes of this paragraph and the criteria in paragraph (b)(2) 
of this section.
    (d) Trial burn procedures. (1) A trial burn must be conducted to 
demonstrate conformance with the standards of Sec. Sec. 266.104 through 
266.107 of this chapter under an approved trial burn plan.
    (2) The Director shall approve a trial burn plan if he/she finds 
that:
    (i) The trial burn is likely to determine whether the boiler or 
industrial furnace can meet the performance standards of Sec. Sec. 
266.104 through 266.107 of this chapter;
    (ii) The trial burn itself will not present an imminent hazard to 
human health and the environment;
    (iii) The trial burn will help the Director to determine operating 
requirements to be specified under Sec. 266.102(e) of this chapter; and
    (iv) The information sought in the trial burn cannot reasonably be 
developed through other means.
    (3) The Director must send a notice to all persons on the facility 
mailing list as set forth in 40 CFR 124.10(c)(1)(ix) and to the 
appropriate units of State and local government as set forth in 40 CFR 
124.10(c)(1)(x) announcing the scheduled commencement and completion 
dates for the trial burn. The applicant may not commence the trial burn 
until after the Director has issued such notice.
    (i) This notice must be mailed within a reasonable time period 
before the trial burn. An additional notice is not required if the trial 
burn is delayed due to circumstances beyond the control of the facility 
or the permitting agency.

[[Page 370]]

    (ii) This notice must contain:
    (A) The name and telephone number of applicant's contact person;
    (B) The name and telephone number of the permitting agency contact 
office;
    (C) The location where the approved trial burn plan and any 
supporting documents can be reviewed and copied; and
    (D) An expected time period for commencement and completion of the 
trial burn.
    (4) The applicant must submit to the Director a certification that 
the trial burn has been carried out in accordance with the approved 
trial burn plan, and must submit the results of all the determinations 
required in paragraph (c) of this section. This submission shall be made 
within 90 days of completion of the trial burn, or later if approved by 
the Director.
    (5) All data collected during any trial burn must be submitted to 
the Director following completion of the trial burn.
    (6) All submissions required by this paragraph must be certified on 
behalf of the applicant by the signature of a person authorized to sign 
a permit application or a report under Sec. 270.11.
    (e) Special procedures for DRE trial burns. When a DRE trial burn is 
required under Sec. 266.104(a) of this chapter, the Director will 
specify (based on the hazardous waste analysis data and other 
information in the trial burn plan) as trial Principal Organic Hazardous 
Constituents (POHCs) those compounds for which destruction and removal 
efficiencies must be calculated during the trial burn. These trial POHCs 
will be specified by the Director based on information including his/her 
estimate of the difficulty of destroying the constituents identified in 
the hazardous waste analysis, their concentrations or mass in the 
hazardous waste feed, and, for hazardous waste containing or derived 
from wastes listed in part 261, subpart D of this chapter, the hazardous 
waste organic constituent(s) identified in Appendix VII of that part as 
the basis for listing.
    (f) Determinations based on trial burn. During each approved trial 
burn (or as soon after the burn as is practicable), the applicant must 
make the following determinations:
    (1) A quantitative analysis of the levels of antimony, arsenic, 
barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, 
and chlorine/chloride, in the feed streams (hazardous waste, other 
fuels, and industrial furnace feedstocks);
    (2) When a DRE trial burn is required under Sec. 266.104(a) of this 
chapter:
    (i) A quantitative analysis of the trial POHCs in the hazardous 
waste feed;
    (ii) A quantitative analysis of the stack gas for the concentration 
and mass emissions of the trial POHCs; and
    (iii) A computation of destruction and removal efficiency (DRE), in 
accordance with the DRE formula specified in Sec. 266.104(a) of this 
chapter;
    (3) When a trial burn for chlorinated dioxins and furans is required 
under Sec. 266.104(e) of this chapter, a quantitative analysis of the 
stack gas for the concentration and mass emission rate of the 2,3,7,8-
chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and 
furans, and a computation showing conformance with the emission 
standard;
    (4) When a trial burn for particulate matter, metals, or HCl/
Cl2 is required under Sec. Sec. 266.105, 266.106 (c) or (d), 
or 266.107 (b)(2) or (c) of this chapter, a quantitative analysis of the 
stack gas for the concentrations and mass emissions of particulate 
matter, metals, or hydrogen chloride (HCl) and chlorine 
(Cl2), and computations showing conformance with the 
applicable emission performance standards;
    (5) When a trial burn for DRE, metals, or HCl/Cl2 is 
required under Sec. Sec. 266.104(a), 266.106 (c) or (d), or 266.107 
(b)(2) or (c) of this chapter, a quantitative analysis of the scrubber 
water (if any), ash residues, other residues, and products for the 
purpose of estimating the fate of the trial POHCs, metals, and chlorine/
chloride;
    (6) An identification of sources of fugitive emissions and their 
means of control;
    (7) A continuous measurement of carbon monoxide (CO), oxygen, and 
where required, hydrocarbons (HC), in the stack gas; and
    (8) Such other information as the Director may specify as necessary 
to ensure that the trial burn will determine

[[Page 371]]

compliance with the performance standards in Sec. Sec. 266.104 through 
266.107 of this chapter and to establish the operating conditions 
required by Sec. 266.102(e) of this chapter as necessary to meet those 
performance standards.
    (g) Interim status boilers and industrial furnaces. For the purpose 
of determining feasibility of compliance with the performance standards 
of Sec. 266.104 through 266.107 of this chapter and of determining 
adequate operating conditions under Sec. 266.103 of this chapter, 
applicants owning or operating existing boilers or industrial furnaces 
operated under the interim status standards of Sec. 266.103 of this 
chapter must either prepare and submit a trial burn plan and perform a 
trial burn in accordance with the requirements of this section or submit 
other information as specified in Sec. 270.22(a)(6). The Director must 
announce his or her intention to approve of the trial burn plan in 
accordance with the timing and distribution requirements of paragraph 
(d)(3) of this section. The contents of the notice must include: the 
name and telephone number of a contact person at the facility; the name 
and telephone number of a contact office at the permitting agency; the 
location where the trial burn plan and any supporting documents can be 
reviewed and copied; and a schedule of the activities that are required 
prior to permit issuance, including the anticipated time schedule for 
agency approval of the plan and the time periods during which the trial 
burn would be conducted. Applicants who submit a trial burn plan and 
receive approval before submission of the part B permit application must 
complete the trial burn and submit the results specified in paragraph 
(f) of this section with the part B permit application. If completion of 
this process conflicts with the date set for submission of the part B 
application, the applicant must contact the Director to establish a 
later date for submission of the part B application or the trial burn 
results. If the applicant submits a trial burn plan with part B of the 
permit application, the trial burn must be conducted and the results 
submitted within a time period prior to permit issuance to be specified 
by the Director.

[56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991, as amended at 58 
FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, Sept. 
30, 1999; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 
59578, Oct. 12, 2005]



Sec. 270.67  RCRA standardized permits for storage and treatment units.

    RCRA standardized permits are special forms of permits for TSD 
owners or operators that:
    (a) Generate hazardous waste and then non-thermally treat or store 
the hazardous waste on-site in tanks, containers, or containment 
buildings; or
    (b) Receive hazardous waste generated off-site by a generator under 
the same ownership as the receiving facility, and then store or non-
thermally treat the hazardous waste in containers, tanks, or containment 
buildings. Standardized permit facility owners or operators are 
regulated under subpart J of this part, part 124 subpart G of this 
chapter, and part 267 of this chapter.

[70 FR 53475, Sept. 8, 2005]



Sec. 270.68  Remedial Action Plans (RAPs).

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

[63 FR 65941, Nov. 30, 1998]



                        Subpart G_Interim Status



Sec. 270.70  Qualifying for interim status.

    (a) Any person who owns or operates an ``existing HWM facility'' or 
a facility in existence on the effective date of statutory or regulatory 
amendments under the Act that render the facility subject to the 
requirement to have a RCRA permit shall have interim status and shall be 
treated as having been issued a permit to the extent he or she has:
    (1) Complied with the requirements of section 3010(a) of RCRA 
pertaining to notification of hazardous waste activity.

[Comment: Some existing facilities may not be required to file a 
notification under section 3010(a) of RCRA. These facilities may qualify 
for interim status by meeting paragraph (a)(2) of this section.]


[[Page 372]]


    (2) Complied with the requirements of Sec. 270.10 governing 
submission of part A applications;
    (b) Failure to qualify for interim status. If EPA has reason to 
believe upon examination of a part A application that it fails to meet 
the requirements of Sec. 270.13, it shall notify the owner or operator 
in writing of the apparent deficiency. Such notice shall specify the 
grounds for EPA's belief that the application is deficient. The owner or 
operator shall have 30 days from receipt to respond to such a 
notification and to explain or cure the alleged deficiency in his part A 
application. If, after such notification and opportunity for response, 
EPA determines that the application is deficient it may take appropriate 
enforcement action.
    (c) Paragraph (a) of this section shall not apply to any facility 
which has been previously denied a RCRA permit or if authority to 
operate the facility under RCRA has been previously terminated.

[48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 
FR 28753, July 15, 1985; 71 FR 40279, July 14, 2006]



Sec. 270.71  Operation during interim status.

    (a) During the interim status period the facility shall not:
    (1) Treat, store, or dispose of hazardous waste not specified in 
part A of the permit application;
    (2) Employ processes not specified in part A of the permit 
application; or
    (3) Exceed the design capacities specified in part A of the permit 
application.
    (b) Interim status standards. During interim status, owners or 
operators shall comply with the interim status standards at 40 CFR part 
265.



Sec. 270.72  Changes during interim status.

    (a) Except as provided in paragraph (b), the owner or operator of an 
interim status facility may make the following changes at the facility:
    (1) Treatment, storage, or disposal of new hazardous wastes not 
previously identified in part A of the permit application (and, in the 
case of newly listed or identified wastes, addition of the units being 
used to treat, store, or dispose of the hazardous wastes on the 
effective date of the listing or identification) if the owner or 
operator submits a revised part A permit application prior to such 
treatment, storage, or disposal;
    (2) Increases in the design capacity of processes used at the 
facility if the owner or operator submits a revised part A permit 
application prior to such a change (along with a justification 
explaining the need for the change) and the Director approves the 
changes because:
    (i) There is a lack of available treatment, storage, or disposal 
capacity at other hazardous waste management facilities, or
    (ii) The change is necessary to comply with a Federal, State, or 
local requirement.
    (3) Changes in the processes for the treatment, storage, or disposal 
of hazardous waste or addition of processes if the owner or operator 
submits a revised part A permit application prior to such change (along 
with a justification explaining the need for the change) and the 
Director approves the change because:
    (i) The change is necessary to prevent a threat to human health and 
the environment because of an emergency situation, or
    (ii) The change is necessary to comply with a Federal, State, or 
local requirement.
    (4) Changes in the ownership or operational control of a facility if 
the new owner or operator submits a revised part A permit application no 
later than 90 days prior to the scheduled change. When a transfer of 
operational control of a facility occurs, the old owner or operator 
shall comply with the requirements of 40 CFR part 265, subpart H 
(Financial Requirements), until the new owner or operator has 
demonstrated to the Director that he is complying with the requirements 
of that subpart. The new owner or operator must demonstrate compliance 
with subpart H requirements within six months of the date of the change 
in ownership or operational control of the facility. Upon demonstration 
to the Director by the new owner or operator of

[[Page 373]]

compliance with subpart H, the Director shall notify the old owner or 
operator in writing that he no longer needs to comply with subpart H as 
of the date of demonstration. All other interim status duties are 
transferred effective immediately upon the date of the change in 
ownership or operational control of the facility.
    (5) Changes made in accordance with an interim status corrective 
action order issued by EPA under section 3008(h) or other Federal 
authority, by an authorized State under comparable State authority, or 
by a court in a judicial action brought by EPA or by an authorized 
State. Changes under this paragraph are limited to the treatment, 
storage, or disposal of solid waste from releases that originate within 
the boundary of the facility.
    (6) Addition of newly regulated units for the treatment, storage, or 
disposal of hazardous waste if the owner or operator submits a revised 
part A permit application on or before the date on which the unit 
becomes subject to the new requirements.
    (b) Except as specifically allowed under this paragraph, changes 
listed under paragraph (a) of this section may not be made if they 
amount to reconstruction of the hazardous waste management facility. 
Reconstruction occurs when the capital investment in the changes to the 
facility exceeds 50 percent of the capital cost of a comparable entirely 
new hazardous waste management facility. If all other requirements are 
met, the following changes may be made even if they amount to a 
reconstruction:
    (1) Changes made solely for the purposes of complying with the 
requirements of 40 CFR 265.193 for tanks and ancillary equipment.
    (2) If necessary to comply with Federal, State, or local 
requirements, changes to an existing unit, changes solely involving 
tanks or containers, or addition of replacement surface impoundments 
that satisfy the standards of section 3004(o).
    (3) Changes that are necessary to allow owners or operators to 
continue handling newly listed or identified hazardous wastes that have 
been treated, stored, or disposed of at the facility prior to the 
effective date of the rule establishing the new listing or 
identification.
    (4) Changes during closure of a facility or of a unit within a 
facility made in accordance with an approved closure plan.
    (5) Changes necessary to comply with an interim status corrective 
action order issued by EPA under section 3008(h) or other Federal 
authority, by an authorized State under comparable State authority, or 
by a court in a judicial proceeding brought by EPA or an authorized 
State, provided that such changes are limited to the treatment, storage, 
or disposal of solid waste from releases that originate within the 
boundary of the facility.
    (6) Changes to treat or store, in tanks, containers, or containment 
buildings, hazardous wastes subject to land disposal restrictions 
imposed by part 268 of this chapter or RCRA section 3004, provided that 
such changes are made solely for the purpose of complying with part 268 
of this chapter or RCRA section 3004.
    (7) Addition of newly regulated units under paragraph (a)(6) of this 
section.
    (8) Changes necessary to comply with standards under 40 CFR part 63, 
Subpart EEE--National Emission Standards for Hazardous Air Pollutants 
From Hazardous Waste Combustors.

[54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 
FR 37282, Aug. 18, 1992; 63 FR 33829, June 19, 1998; 71 FR 40279, July 
14, 2006]



Sec. 270.73  Termination of interim status.

    Interim status terminates when:
    (a) Final administrative disposition of a permit application, except 
an application for a remedial action plan (RAP) under subpart H of this 
part, is made.
    (b) Interim status is terminated as provided in Sec. 270.10(e)(5).
    (c) For owners or operators of each land disposal facility which has 
been granted interim status prior to November 8, 1984, on November 8, 
1985, unless:
    (1) The owner or operator submits a part B application for a permit 
for such facility prior to that date; and
    (2) The owner or operator certifies that such facility is in 
compliance with all applicable ground-water monitoring

[[Page 374]]

and financial responsibility requirements.
    (d) For owners or operators of each land disposal facility which is 
in existence on the effective date of statutory or regulatory amendments 
under the Act that render the facility subject to the requirement to 
have a RCRA permit and which is granted interim status, twelve months 
after the date on which the facility first becomes subject to such 
permit requirement unless the owner or operator of such facility:
    (1) Submits a part B application for a RCRA permit for such facility 
before the date 12 months after the date on which the facility first 
becomes subject to such permit requirement; and
    (2) Certifies that such facility is in compliance with all 
applicable ground water monitoring and financial responsibility 
requirements.
    (e) For owners or operators of any land disposal unit that is 
granted authority to operate under Sec. 270.72(a) (1), (2) or (3), on 
the date 12 months after the effective date of such requirement, unless 
the owner or operator certifies that such unit is in compliance with all 
applicable ground-water monitoring and financial responsibility 
requirements.
    (f) For owners and operators of each incinerator facility which has 
achieved interim status prior to November 8, 1984, interim status 
terminates on November 8, 1989, unless the owner or operator of the 
facility submits a part B application for a RCRA permit for an 
incinerator facility by November 8, 1986.
    (g) For owners or operators of any facility (other than a land 
disposal or an incinerator facility) which has achieved interim status 
prior to November 8, 1984, interim status terminates on November 8, 
1992, unless the owner or operator of the facility submits a part B 
application for a RCRA permit for the facility by November 8, 1988.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 54 
FR 9609, Mar. 7, 1989; 56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 
1991; 63 FR 65941, Nov. 30, 1998]



                 Subpart H_Remedial Action Plans (RAPs)

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



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

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

                           General Information



Sec. 270.80  What is a RAP?

    (a) A RAP is a special form of RCRA permit that you, as an owner or 
operator, may obtain, instead of a permit issued under Sec. Sec. 270.3 
through 270.66, to authorize you to treat, store, or dispose of 
hazardous remediation waste (as defined in Sec. 260.10 of this chapter) 
at a remediation waste management site. A RAP may only be issued for the 
area of contamination where the remediation wastes to be managed under 
the RAP originated, or areas in close proximity to the contaminated 
area, except as allowed in limited circumstances under Sec. 270.230.
    (b) The requirements in Sec. Sec. 270.3 through 270.66 do not apply 
to RAPs unless those requirements for traditional RCRA permits are 
specifically required under Sec. Sec. 270.80 through 270.230. The 
definitions in Sec. 270.2 apply to RAPs.
    (c) Notwithstanding any other provision of this part or part 124 of 
this chapter, any document that meets the requirements in this section 
constitutes a RCRA permit under RCRA section 3005(c).
    (d) A RAP may be:
    (1) A stand-alone document that includes only the information and 
conditions required by this subpart; or
    (2) Part (or parts) of another document that includes information 
and/or conditions for other activities at the remediation waste 
management site, in addition to the information and conditions required 
by this subpart.

[[Page 375]]

    (e) If you are treating, storing, or disposing of hazardous 
remediation wastes as part of a cleanup compelled by Federal or State 
cleanup authorities, your RAP does not affect your obligations under 
those authorities in any way.
    (f) If you receive a RAP at a facility operating under interim 
status, the RAP does not terminate your interim status.



Sec. 270.85  When do I need a RAP?

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



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

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

                           Applying for a RAP



Sec. 270.95  How do I apply for a RAP?

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



Sec. 270.100  Who must obtain a RAP?

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



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

    Both the owner and the operator must sign the RAP application and 
any required reports according to Sec. 270.11(a), (b), and (c). In the 
application, both the owner and the operator must also make the 
certification required under Sec. 270.11(d)(1). However, the owner may 
choose the alternative certification under Sec. 270.11(d)(2) if the 
operator certifies under Sec. 270.11(d)(1).



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

    You must include the following information in your application for a 
RAP:
    (a) The name, address, and EPA identification number of the 
remediation waste management site;
    (b) The name, address, and telephone number of the owner and 
operator;
    (c) The latitude and longitude of the site;
    (d) The United States Geological Survey (USGS) or county map showing 
the location of the remediation waste management site;
    (e) A scaled drawing of the remediation waste management site 
showing:
    (1) The remediation waste management site boundaries;

[[Page 376]]

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



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

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



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

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



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

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

                         Getting a RAP Approved



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

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

[[Page 377]]

deny'') and provide an opportunity for public comment before making a 
final decision on your RAP application, according to the requirements in 
this Subpart. The Director may deny the RAP application either in its 
entirety or in part.



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

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



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

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



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

    (a) The Director must:
    (1) Send notice to you of his intention to approve or deny your RAP 
application, and send you a copy of the statement of basis;
    (2) Publish a notice of his intention to approve or deny your RAP 
application in a major local newspaper of general circulation;
    (3) Broadcast his intention to approve or deny your RAP application 
over a local radio station; and
    (4) Send a notice of his intention to approve or deny your RAP 
application to each unit of local government having jurisdiction over 
the area in which your site is located, and to each State agency having 
any authority under State law with respect to any construction or 
operations at the site.
    (b) The notice required by paragraph (a) of this section must 
provide an opportunity for the public to submit written comments on the 
draft RAP or notice of intent to deny within at least 45 days.
    (c) The notice required by paragraph (a) of this section must 
include:
    (1) The name and address of the office processing the RAP 
application;

[[Page 378]]

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



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

    (a) The Director must consider and respond to any significant 
comments raised during the public comment period, or during any hearing 
on the draft RAP or notice of intent to deny, and revise your draft RAP 
based on those comments, as appropriate.
    (b) If the Director determines that your RAP includes the 
information and terms and conditions required in Sec. 270.135, then he 
will issue a final decision approving your RAP and, in writing, notify 
you and all commenters on your draft RAP that your RAP application has 
been approved.
    (c) If the Director determines that your RAP does not include the 
information required in Sec. 270.135, then he will issue a final 
decision denying your RAP and, in writing, notify you and all commenters 
on your draft RAP that your RAP application has been denied.
    (d) If the Director's final decision is that the tentative decision 
to deny the RAP application was incorrect, he will withdraw the notice 
of intent to deny and proceed to prepare a draft RAP, according to the 
requirements in this subpart.
    (e) When the Director issues his final RAP decision, he must refer 
to the procedures for appealing the decision under Sec. 270.155.
    (f) Before issuing the final RAP decision, the Director must compile 
an administrative record. Material readily available at the issuing 
Regional office or published materials which are generally available and 
which are included in the administrative record need not be physically 
included with the rest of the record as long as it is specifically 
referred to in the statement of basis or the response to comments. The 
administrative record for the final RAP must include information in the 
administrative record for the draft RAP (see Sec. 270.140(b)) and:
    (1) All comments received during the public comment period;
    (2) Tapes or transcripts of any hearings;

[[Page 379]]

    (3) Any written materials submitted at these hearings;
    (4) The responses to comments;
    (5) Any new material placed in the record since the draft RAP was 
issued;
    (6) Any other documents supporting the RAP; and (7) A copy of the 
final RAP.
    (g) The Director must make information contained in the 
administrative record available for review by the public upon request.



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

    (a) Any commenter on the draft RAP or notice of intent to deny, or 
any participant in any public hearing(s) on the draft RAP, may appeal 
the Director's decision to approve or deny your RAP application to EPA's 
Environmental Appeals Board under Sec. 124.19 of this chapter. Any 
person who did not file comments, or did not participate in any public 
hearing(s) on the draft RAP, may petition for administrative review only 
to the extent of the changes from the draft to the final RAP decision. 
Appeals of RAPs may be made to the same extent as for final permit 
decisions under Sec. 124.15 of this chapter (or a decision under Sec. 
270.29 to deny a permit for the active life of a RCRA hazardous waste 
management facility or unit).
    (b) This appeal is a prerequisite to seeking judicial review of 
these EPA actions.

[63 FR 65941, Nov. 30, 1998, as amended at 78 FR 5288, Jan. 25, 2013]



Sec. 270.160  When does my RAP become effective?

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



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

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

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



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

    In your RAP, the Director must specify, either directly or by 
reference, procedures for future modifications, revocations and 
reissuance, or terminations of your RAP. These procedures must provide 
adequate opportunities for public review and comment on any 
modification, revocation and reissuance, or termination that would 
significantly change your management of your remediation waste, or that 
otherwise merits public review and comment. If your RAP has been 
incorporated into a traditional RCRA permit, as allowed under Sec. 
270.85(c), then the RAP will be modified according to the applicable 
requirements in Sec. Sec. 270.40 through 270.42, revoked and reissued 
according to the applicable requirements in Sec. Sec. 270.41 and 
270.43, or terminated according to the applicable requirements of Sec. 
270.43.



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

    (a) The Director may modify your final RAP on his own initiative 
only if one or more of the following reasons listed in this section 
exist(s). If one or more of these reasons do not exist, then the 
Director will not modify your final RAP, except at your request. Reasons 
for modification are:
    (1) You made material and substantial alterations or additions to 
the activity that justify applying different conditions;
    (2) The Director finds new information that was not available at the 
time

[[Page 380]]

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



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

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



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

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



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

    (a) Any commenter on the modification, revocation and reissuance or 
termination, or any person who participated in any hearing(s) on these 
actions, may appeal the Director's decision to approve a modification, 
revocation and reissuance, or termination of your RAP, according to 
Sec. 270.155. Any person who did not file comments or did not 
participate in any public hearing(s) on the modification, revocation and 
reissuance or termination, may petition for administrative review only 
of the changes from the draft to the final RAP decision.
    (b) Any commenter on the modification, revocation and reissuance or 
termination, or any person who participated in any hearing(s) on these 
actions, may informally appeal the Director's decision to deny a request 
for modification, revocation and reissuance, or termination to EPA's 
Environmental Appeals Board. Any person who did not file comments, or

[[Page 381]]

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



Sec. 270.195  When will my RAP expire?

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



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

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



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

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

                        Operating Under Your RAP



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

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



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

    (a) Any time period scheduled to begin on the occurrence of an act 
or event must begin on the day after the act or event. (For example, if 
your RAP specifies that you must close a staging pile within 180 days 
after the operating term for that staging pile expires, and the 
operating term expires on June 1, then June 2 counts as day one of your 
180 days, and you would have to complete closure by November 28.)
    (b) Any time period scheduled to begin before the occurrence of an 
act or event must be computed so that the period ends on the day before 
the act or event. (For example, if you are transferring ownership or 
operational control of your site, and wish to transfer your RAP, the new 
owner or operator must submit a revised RAP application no later than 90 
days before the scheduled change. Therefore, if you plan to change 
ownership on January 1, the new owner/operator must submit the revised 
RAP application no later than October 3, so that the 90th day would be 
December 31.)
    (c) If the final day of any time period falls on a weekend or legal 
holiday, the time period must be extended to the next working day. (For 
example, if you wish to appeal the Director's decision to modify your 
RAP, then you must petition the Environmental Appeals Board within 30 
days after the Director has issued the final RAP decision. If the 30th 
day falls on Sunday, then you may submit your appeal by the Monday 
after. If the 30th day falls on July 4th, then you may submit your 
appeal by July 5th.)

[[Page 382]]

    (d) Whenever a party or interested person has the right to or is 
required to act within a prescribed period after the service of notice 
or other paper upon him by mail, 3 days must be added to the prescribed 
term. (For example, if you wish to appeal the Director's decision to 
modify your RAP, then you must petition the Environmental Appeals Board 
within 30 days after the Director has issued the final RAP decision. 
However, if the Director notifies you of his decision by mail, then you 
may have 33 days to petition the Environmental Appeals Board.)



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

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



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

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

                Obtaining a RAP for an Off-Site Location



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

    (a) You may request a RAP for remediation waste management 
activities at a location removed from the area where the remediation 
wastes originated if you believe such a location would be more 
protective than the contaminated area or areas in close proximity.
    (b) If the Director determines that an alternative location, removed 
from the area where the remediation waste originated, is more protective 
than managing remediation waste at the area of contamination or areas in 
close proximity, then the Director may approve a RAP for this 
alternative location.
    (c) You must request the RAP, and the Director will approve or deny 
the RAP, according to the procedures and requirements in this subpart.
    (d) A RAP for an alternative location must also meet the following 
requirements, which the Director must include in the RAP for such 
locations:
    (1) The RAP for the alternative location must be issued to the 
person responsible for the cleanup from which the remediation wastes 
originated;
    (2) The RAP is subject to the expanded public participation 
requirements in Sec. Sec. 124.31, 124.32, and 124.33 of this chapter;
    (3) The RAP is subject to the public notice requirements in Sec. 
124.10(c) of this chapter;
    (4) The site permitted in the RAP may not be located within 61 
meters or 200 feet of a fault which has had displacement in the Holocene 
time (you must demonstrate compliance with this standard through the 
requirements in Sec. 270.14(b)(11)) (See definitions of terms in Sec. 
264.18(a) of this chapter);


[[Page 383]]


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

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



Subpart I_Integration with Maximum Achievable Control Technology (MACT) 
                                Standards



Sec. 270.235  Options for incinerators, cement kilns, lightweight
aggregate kilns, solid fuel boilers, liquid fuel boilers and
hydrochloric acid production 
          furnaces to minimize emissions from startup, shutdown, and 
          malfunction events.

    (a) Facilities with existing permits--(1) Revisions to permit 
conditions after documenting compliance with MACT. The owner or operator 
of a RCRA-permitted incinerator, cement kiln, lightweight aggregate 
kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid 
production furnace may request that the Director address permit 
conditions that minimize emissions from startup, shutdown, and 
malfunction events under any of the following options when requesting 
removal of permit conditions that are no longer applicable according to 
Sec. Sec. 264.340(b) and 266.100(b) of this chapter:
    (i) Retain relevant permit conditions. Under this option, the 
Director will:
    (A) Retain permit conditions that address releases during startup, 
shutdown, and malfunction events, including releases from emergency 
safety vents, as these events are defined in the facility's startup, 
shutdown, and malfunction plan required under Sec. 63.1206(c)(2) of 
this chapter; and
    (B) Limit applicability of those permit conditions only to when the 
facility is operating under its startup, shutdown, and malfunction plan.
    (ii) Revise relevant permit conditions. (A) Under this option, the 
Director will:
    (1) Identify a subset of relevant existing permit requirements, or 
develop alternative permit requirements, that ensure emissions of toxic 
compounds are minimized from startup, shutdown, and malfunction events, 
including releases from emergency safety vents, based on review of 
information including the source's startup, shutdown, and malfunction 
plan, design, and operating history.
    (2) Retain or add these permit requirements to the permit to apply 
only when the facility is operating under its startup, shutdown, and 
malfunction plan.
    (B) Changes that may significantly increase emissions. (1) You must 
notify the Director in writing of changes to the startup, shutdown, and 
malfunction plan or changes to the design of the source that may 
significantly increase emissions of toxic compounds from startup, 
shutdown, or malfunction events, including releases from emergency 
safety vents. You must notify the Director of such changes within five 
days of making such changes. You must identify in the notification 
recommended revisions to permit conditions necessary as a result of the 
changes to ensure that emissions of toxic compounds are minimized during 
these events.
    (2) The Director may revise permit conditions as a result of these 
changes to ensure that emissions of toxic compounds are minimized during 
startup, shutdown, or malfunction events, including releases from 
emergency safety vents either:
    (i) Upon permit renewal, or, if warranted;
    (ii) By modifying the permit under Sec. Sec. 270.41(a) or 270.42.
    (iii) Remove permit conditions. Under this option:
    (A) The owner or operator must document that the startup, shutdown, 
and malfunction plan required under Sec. 63.1206(c)(2) of this chapter 
has been approved by the Administrator under Sec. 63.1206(c)(2)(ii)(B) 
of this chapter; and

[[Page 384]]

    (B) The Director will remove permit conditions that are no longer 
applicable according to Sec. Sec. 264.340(b) and 266.100(b) of this 
chapter.
    (2) Addressing permit conditions upon permit reissuance. The owner 
or operator of an incinerator, cement kiln, lightweight aggregate kiln, 
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production 
furnace that has conducted a comprehensive performance test and 
submitted to the Administrator a Notification of Compliance documenting 
compliance with the standards of part 63, subpart EEE, of this chapter 
may request in the application to reissue the permit for the combustion 
unit that the Director control emissions from startup, shutdown, and 
malfunction events under any of the following options:
    (i) RCRA option A. (A) Under this option, the Director will:
    (1) Include, in the permit, conditions that ensure compliance with 
Sec. Sec. 264.345(a) and 264.345(c) or Sec. Sec. 266.102(e)(1) and 
266.102(e)(2)(iii) of this chapter to minimize emissions of toxic 
compounds from startup, shutdown, and malfunction events, including 
releases from emergency safety vents; and
    (2) Specify that these permit requirements apply only when the 
facility is operating under its startup, shutdown, and malfunction 
plan.; or
    (ii) RCRA option B. (A) Under this option, the Director will:
    (1) Include, in the permit conditions, that ensure emissions of 
toxic compounds are minimized from startup, shutdown, and malfunction 
events, including releases from emergency safety vents, based on review 
of information including the source's startup, shutdown, and malfunction 
plan, design, and operating history; and
    (2) Specify that these permit requirements apply only when the 
facility is operating under its startup, shutdown, and malfunction plan.
    (B) Changes that may significantly increase emissions. (1) You must 
notify the Director in writing of changes to the startup, shutdown, and 
malfunction plan or changes to the design of the source that may 
significantly increase emissions of toxic compounds from startup, 
shutdown, or malfunction events, including releases from emergency 
safety vents. You must notify the Director of such changes within five 
days of making such changes. You must identify in the notification 
recommended revisions to permit conditions necessary as a result of the 
changes to ensure that emissions of toxic compounds are minimized during 
these events.
    (2) The Director may revise permit conditions as a result of these 
changes to ensure that emissions of toxic compounds are minimized during 
startup, shutdown, or malfunction events, including releases from 
emergency safety vents either:
    (i) Upon permit renewal, or, if warranted;
    (ii) By modifying the permit under Sec. Sec. 270.41(a) or 270.42; 
or
    (iii) CAA option. Under this option:
    (A) The owner or operator must document that the startup, shutdown, 
and malfunction plan required under Sec. 63.1206(c)(2) of this chapter 
has been approved by the Administrator under Sec. 63.1206(c)(2)(ii)(B) 
of this chapter; and
    (B) The Director will omit from the permit conditions that are not 
applicable under Sec. Sec. 264.340(b) and 266.100(b) of this chapter.
    (b) Interim status facilities--(1) Interim status operations. In 
compliance with Sec. Sec. 265.340 and 266.100(b), the owner or operator 
of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel 
boiler, liquid fuel boiler, or hydrochloric acid production furnace that 
is operating under the interim status standards of part 265 or 266 of 
this chapter may control emissions of toxic compounds during startup, 
shutdown, and malfunction events under either of the following options 
after conducting a comprehensive performance test and submitting to the 
Administrator a Notification of Compliance documenting compliance with 
the standards of part 63, subpart EEE, of this chapter.
    (i) RCRA option. Under this option, the owner or operator continues 
to comply with the interim status emission standards and operating 
requirements of part 265 or 266 of this chapter relevant to control of 
emissions from startup, shutdown, and malfunction

[[Page 385]]

events. Those standards and requirements apply only during startup, 
shutdown, and malfunction events; or
    (ii) CAA option. Under this option, the owner or operator is exempt 
from the interim status standards of part 265 or 266 of this chapter 
relevant to control of emissions of toxic compounds during startup, 
shutdown, and malfunction events upon submission of written notification 
and documentation to the Director that the startup, shutdown, and 
malfunction plan required under Sec. 63.1206(c)(2) of this chapter has 
been approved by the Administrator under Sec. 63.1206(c)(2)(ii)(B) of 
this chapter.
    (2) Operations under a subsequent RCRA permit. When an owner or 
operator of an incinerator, cement kiln, lightweight aggregate kiln, 
solid fuel boiler, liquid fuel boiler, or hydrochloric acid production 
furnace that is operating under the interim status standards of parts 
265 or 266 of this chapter submits a RCRA permit application, the owner 
or operator may request that the Director control emissions from 
startup, shutdown, and malfunction events under any of the options 
provided by paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this 
section.
    (c) New units. Hazardous waste incinerator, cement kiln, lightweight 
aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric 
acid production furnace units that become subject to RCRA permit 
requirements after October 12, 2005 must control emissions of toxic 
compounds during startup, shutdown, and malfunction events under either 
of the following options:
    (1) Comply with the requirements specified in Sec. 63.1206(c)(2) of 
this chapter; or
    (2) Request to include in the RCRA permit, conditions that ensure 
emissions of toxic compounds are minimized from startup, shutdown, and 
malfunction events, including releases from emergency safety vents, 
based on review of information including the source's startup, shutdown, 
and malfunction plan and design. The director will specify that these 
permit conditions apply only when the facility is operating under its 
startup, shutdown, and malfunction plan.

[67 FR 6817, Feb. 13, 2002, as amended at 70 FR 59578, Oct. 12, 2005]



   Subpart J_RCRA Standardized Permits for Storage and Treatment Units

    Source: 70 FR 53475, Sept. 8, 2005, unless otherwise noted.

             General Information About Standardized Permits



Sec. 270.250  What is a RCRA standardized permit?

    A RCRA standardized permit (RCRA) is a special type of permit that 
authorizes you to manage hazardous waste. It is issued under 40 CFR part 
124, subpart G and subpart J of this part.



Sec. 270.255  Who is eligible for a standardized permit?

    (a) You may be eligible for a standardized permit if:
    (1) You generate hazardous waste and then store or non-thermally 
treat the hazardous waste on-site in containers, tanks, or containment 
buildings; or
    (2) You receive hazardous waste generated off-site by a generator 
under the same ownership as the receiving facility, and then store or 
non-thermally treat the hazardous waste in containers, tanks, or 
containment buildings.
    (3) We will inform you of your eligibility when we make a decision 
on your permit application.
    (b) [Reserved]



Sec. 270.260  What requirements of part 270 apply to a 
standardized permit?

    The following subparts and sections of this part 270 apply to a 
standardized permit:
    (a) Subpart A--General Information: All sections.
    (b) Subpart B--Permit Application: Sec. Sec. 270.10, 270.11, 
270.12, 270.13 and 270.29.
    (c) Subpart C--Permit Conditions: All sections.
    (d) Subpart D--Changes to Permit: Sec. Sec. 270.40, 270.41, and 
270.43.
    (e) Subpart E--Expiration and Continuation of Permits: All sections.

[[Page 386]]

    (f) Subpart F--Special Forms of Permits: Sec. 270.67.
    (g) Subpart G--Interim Status: All sections.
    (h) Subpart H--Remedial Action Plans: Does not apply.
    (i) Subpart J--Standardized Permits: All sections.

                   Applying for a Standardized Permit



Sec. 270.270  How do I apply for a standardized permit?

    You apply for a standardized permit by following the procedures in 
40 CFR part 124, subpart G and this subpart.



Sec. 270.275  What information must I submit to the permitting
agency to support my standardized permit application?

    The information in paragraphs (a) through (j) of this section will 
be the basis of your standardized permit application. You must submit it 
to the Director when you submit your Notice of Intent under 40 CFR 
124.202(b) requesting coverage under a RCRA standardized permit:
    (a) The Part A information described in Sec. 270.13.
    (b) A meeting summary and other materials required by 40 CFR 124.31.
    (c) Documentation of compliance with the location standards of 40 
CFR 267.18 and Sec. 270.14(b)(11).
    (d) Information that allows the Director to carry out our 
obligations under other Federal laws required in Sec. 270.3.
    (e) Solid waste management unit information required by Sec. 
270.14(d).
    (f) A certification meeting the requirements of Sec. 270.280, and 
an audit of the facility's compliance status with 40 CFR part 267 as 
required by Sec. 270.280.
    (g) A closure plan prepared in accordance with part 267, subpart G.
    (h) The most recent closure cost estimate for your facility prepared 
under Sec. 267.142 and a copy of the documentation required to 
demonstrate financial assurance under Sec. 267.143. For a new facility, 
you may gather the required documentation 60 days before the initial 
receipt of hazardous wastes.
    (i) If you manage wastes generated off-site, the waste analysis 
plan.
    (j) If you manage waste generated from off-site, documentation 
showing that the waste generator and the off-site facility are under the 
same ownership.



Sec. 270.280  What are the certification requirements?

    You must submit a signed certification based on your audit of your 
facility's compliance with 40 CFR part 267.
    (a) Your certification must read: I certify under penalty of law 
that:
    (1) I have personally examined and am familiar with the report 
containing the results of an audit conducted of my facility's compliance 
status with 40 CFR part 267, which supports this certification. Based on 
my inquiry of those individuals immediately responsible for conducting 
the audit and preparing the report, I believe that my (include paragraph 
(a)(1)(i) and (ii) this section, whichever applies):
    (i) My existing facility complies with all applicable requirements 
of 40 CFR part 267 and will continue to comply until the expiration of 
the permit; or
    (ii) My facility has been designed, and will be constructed and 
operated to comply with all applicable requirements of 40 CFR part 267, 
and will continue to comply until expiration of the permit.
    (2) I will make all information that I am required to maintain at my 
facility by Sec. Sec. 270.290 through 277.315 readily available for 
review by the permitting agency and the public; and,
    (3) I will continue to make all information required by Sec. Sec. 
270.290 through 277.315 available until the permit expires. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment for knowing 
violation.
    (b) You must sign this certification following the requirements of 
Sec. 270.11(a)(1) through (3).
    (c) This certification must be based upon an audit that you conduct 
of your facility's compliance status with 40 CFR part 267. A written 
audit report, signed and certified as accurate by the auditor, must be 
submitted to the Director with the 40 CFR 124.202(b) Notice of Intent.

[[Page 387]]

             Information That Must Be Kept at Your Facility



Sec. 270.290  What general types of information must I keep at my facility?

    You must keep the following information at your facility:
    (a) A general description of the facility.
    (b) Chemical and physical analyses of the hazardous waste and 
hazardous debris handled at the facility. At a minimum, these analyses 
must contain all the information you must know to treat or store the 
wastes properly under the requirements of 40 CFR part 267.
    (c) A copy of the waste analysis plan required by 40 CFR 267.13(b).
    (d) A description of the security procedures and equipment required 
by 40 CFR 267.14.
    (e) A copy of the general inspection schedule required by 40 CFR 
267.15(b). You must include in the inspection schedule applicable 
requirements of 40 CFR 267.174, 267.193, 267.195, 264.1033, 264.1052, 
264.1053, 264.1058, and 264.1088.
    (f) A justification of any modification of the preparedness and 
prevention requirements of 40 CFR part 267, subpart C (Sec. Sec. 267.30 
to 267.35).
    (g) A copy of the contingency plan required by 40 CFR part 267, 
subpart D.
    (h) A description of procedures, structures, or equipment used at 
the facility to:
    (1) Prevent hazards in unloading operations (for example, use ramps, 
special forklifts),
    (2) Prevent runoff from hazardous waste handling areas to other 
areas of the facility or environment, or to prevent flooding (for 
example, with berms, dikes, trenches),
    (3) Prevent contamination of water supplies,
    (4) Mitigate effects of equipment failure and power outages,
    (5) Prevent undue exposure of personnel to hazardous waste (for 
example, requiring protective clothing), and
    (6) Prevent releases to atmosphere,
    (i) A description of precautions to prevent accidental ignition or 
reaction of ignitable, reactive, or incompatible wastes as required by 
40 CFR 267.17.
    (j) Traffic pattern, estimated volume (number, types of vehicles) 
and control (for example, show turns across traffic lanes, and stacking 
lanes; describe access road surfacing and load bearing capacity; show 
traffic control signals).
    (k) [Reserved]
    (l) An outline of both the introductory and continuing training 
programs you will use to prepare employees to operate or maintain your 
facility safely as required by 40 CFR 267.16. A brief description of how 
training will be designed to meet actual job tasks under 40 CFR 
267.16(a)(3) requirements.
    (m) A copy of the closure plan required by 40 CFR 267.112. Include, 
where applicable, as part of the plans, specific requirements in 40 CFR 
267.176, 267.201, and 267.1108.
    (n) [Reserved]
    (o) The most recent closure cost estimate for your facility prepared 
under 40 CFR 267.142 and a copy of the documentation required to 
demonstrate financial assurance under 40 CFR 267.143. For a new 
facility, you may gather the required documentation 60 days before the 
initial receipt of hazardous wastes.
    (p) [Reserved]
    (q) Where applicable, a copy of the insurance policy or other 
documentation that complies with the liability requirements of 40 CFR 
267.147. For a new facility, documentation showing the amount of 
insurance meeting the specification of 40 CFR 267.147(a) that you plan 
to have in effect before initial receipt of hazardous waste for 
treatment or storage.
    (r) Where appropriate, proof of coverage by a State financial 
mechanism, as required by 40 CFR 267.149 or 267.150.
    (s) A topographic map showing a distance of 1,000 feet around your 
facility at a scale of 2.5 centimeters (1 inch) equal to not more than 
61.0 meters (200 feet). The map must show elevation contours. The 
contour interval must show the pattern of surface water flow in the 
vicinity of and from each operational unit of the facility. For example, 
contours with an interval of 1.5 meters (5 feet), if relief is greater 
than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if 
relief is less than 6.1 meters (20 feet). If your facility is in a 
mountainous area, you should use large contour intervals to adequately 
show topographic profiles of facilities.

[[Page 388]]

The map must clearly show the following:
    (1) Map scale and date.
    (2) 100-year flood plain area.
    (3) Surface waters including intermittent streams.
    (4) Surrounding land uses (residential, commercial, agricultural, 
recreational).
    (5) A wind rose (i.e., prevailing wind-speed and direction).
    (6) Orientation of the map (north arrow).
    (7) Legal boundaries of your facility site.
    (8) Access control (fences, gates).
    (9) Injection and withdrawal wells both on-site and off-site.
    (10) Buildings; treatment, storage, or disposal operations; or other 
structure (recreation areas, runoff control systems, access and internal 
roads, storm, sanitary, and process sewerage systems, loading and 
unloading areas, fire control facilities, etc.)
    (11) Barriers for drainage or flood control.
    (12) Location of operational units within your facility, where 
hazardous waste is (or will be) treated or stored. (Include equipment 
cleanup areas.)



Sec. 270.300  What container information must I keep at my facility?

    If you store or treat hazardous waste in containers, you must keep 
the following information at your facility:
    (a) A description of the containment system to demonstrate 
compliance with the container storage area provisions of 40 CFR 267.173. 
This description must show the following:
    (1) Basic design parameters, dimensions, and materials of 
construction.
    (2) How the design promotes drainage or how containers are kept from 
contact with standing liquids in the containment system.
    (3) Capacity of the containment system relative to the number and 
volume of containers to be stored.
    (4) Provisions for preventing or managing run-on.
    (5) How accumulated liquids can be analyzed and removed to prevent 
overflow.
    (b) For storage areas that store containers holding wastes that do 
not contain free liquids, a demonstration of compliance with 40 CFR 
267.173(c), including:
    (1) Test procedures and results or other documentation or 
information to show that the wastes do not contain free liquids.
    (2) A description of how the storage area is designed or operated to 
drain and remove liquids or how containers are kept from contact with 
standing liquids.
    (c) Sketches, drawings, or data demonstrating compliance with 40 CFR 
267.174 (location of buffer zone (15m or 50ft) and containers holding 
ignitable or reactive wastes) and 40 CFR 267.175(c) (location of 
incompatible wastes in relation to each other), where applicable.
    (d) Where incompatible wastes are stored or otherwise managed in 
containers, a description of the procedures used to ensure compliance 
with 40 CFR 267.175(a) and (b), and 267.17(b) and (c).
    (e) Information on air emission control equipment as required by 
Sec. 270.315.



Sec. 270.305  What tank information must I keep at my facility?

    If you use tanks to store or treat hazardous waste, you must keep 
the following information at your facility:
    (a) A written assessment that is reviewed and certified by an 
independent, qualified, registered professional engineer on the 
structural integrity and suitability for handling hazardous waste of 
each tank system, as required under 40 CFR 267.191 and 267.192.
    (b) Dimensions and capacity of each tank.
    (c) Description of feed systems, safety cutoff, bypass systems, and 
pressure controls (e.g., vents).
    (d) A diagram of piping, instrumentation, and process flow for each 
tank system.
    (e) A description of materials and equipment used to provide 
external corrosion protection, as required under 40 CFR 267.191.
    (f) For new tank systems, a detailed description of how the tank 
system(s) will be installed in compliance with 40 CFR 267.192 and 
267.194.
    (g) Detailed plans and description of how the secondary containment 
system for each tank system is or will be designed, constructed, and 
operated to

[[Page 389]]

meet the requirements of 40 CFR 267.195 and 267.196.
    (h) [Reserved]
    (i) Description of controls and practices to prevent spills and 
overflows, as required under 40 CFR 267.198.
    (j) For tank systems in which ignitable, reactive, or incompatible 
wastes are to be stored or treated, a description of how operating 
procedures and tank system and facility design will achieve compliance 
with the requirements of 40 CFR 267.202 and 267.203.
    (k) Information on air emission control equipment as required by 
Sec. 270.315.



Sec. 270.310  What equipment information must I keep at my facility?

    If your facility has equipment to which 40 CFR part 264, subpart BB 
applies, you must keep the following information at your facility:
    (a) For each piece of equipment to which 40 CFR part 264 subpart BB 
applies:
    (1) Equipment identification number and hazardous waste management 
unit identification.
    (2) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (3) Type of equipment (e.g., a pump or a pipeline valve).
    (4) Percent by weight of total organics in the hazardous waste 
stream at the equipment.
    (5) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (6) Method of compliance with the standard (e.g., monthly leak 
detection and repair, or equipped with dual mechanical seals).
    (b) For facilities that cannot install a closed-vent system and 
control device to comply with 40 CFR part 264, subpart BB on the 
effective date that the facility becomes subject to the subpart BB 
provisions, an implementation schedule as specified in 40 CFR 
264.1033(a)(2).
    (c) Documentation that demonstrates compliance with the equipment 
standards in 40 CFR 264.1052 and 264.1059. This documentation must 
contain the records required under 40 CFR 264.1064.
    (d) Documentation to demonstrate compliance with 40 CFR 264.1060 
must include the following information:
    (1) A list of all information references and sources used in 
preparing the documentation.
    (2) Records, including the dates, of each compliance test required 
by 40 CFR 264.1033(j).
    (3) A design analysis, specifications, drawings, schematics, and 
piping and instrumentation diagrams based on the appropriate sections of 
``Course 415: Control of Gaseous Emissions'' (incorporated by reference 
as specified in 40 CFR 260.11) or other engineering texts acceptable to 
the Director that present basic control device design information. The 
design analysis must address the vent stream characteristics and control 
device operation parameters as specified in 40 CFR 264.1035(b)(4)(iii).
    (4) A statement you signed and dated certifying that the operating 
parameters used in the design analysis reasonably represent the 
conditions that exist when the hazardous waste management unit is 
operating at the highest load or capacity level reasonable expected to 
occur.
    (5) A statement you signed and dated certifying that the control 
device is designed to operate at an efficiency of 95 weight percent or 
greater.



Sec. 270.315  What air emissions control information must I
keep at my facility?

    If you have air emission control equipment subject to 40 CFR part 
264, subpart CC, you must keep the following information at your 
facility:
    (a) Documentation for each floating roof cover installed on a tank 
subject to 40 CFR 264.1084(d)(1) or (d)(2) that includes information you 
prepared or the cover manufacturer/vendor provided describing the cover 
design, and your certification that the cover meets applicable design 
specifications listed in 40 CFR 264.1084(e)(1) or (f)(1).
    (b) Identification of each container area subject to the 
requirements of 40 CFR part 264, subpart CC and your certification that 
the requirements of this subpart are met.
    (c) Documentation for each enclosure used to control air pollutant 
emissions from tanks or containers under requirements of 40 CFR 
264.1084(d)(5) or 264.1086(e)(1)(ii). You must include

[[Page 390]]

records for the most recent set of calculations and measurements you 
performed 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.
    (d) [Reserved]
    (e) Documentation for each closed-vent system and control device 
installed under requirements of 40 CFR 264.1087 that includes design and 
performance information as specified in Sec. 270.24 (c) and (d).
    (f) An emission monitoring plan for both Method 21 in 40 CFR part 
60, appendix A and control device monitoring methods. This plan must 
include the following information: monitoring point(s), Monitoring 
methods for control devices, monitoring frequency, procedures for 
documenting exceedences, and procedures for mitigating noncompliances.

                     Modifying a Standardized Permit



Sec. 270.320  How do I modify my RCRA standardized permit?

    You can modify your RCRA standardized permit by following the 
procedures found in 40 CFR 124.211 through 124.214.



PART 271_REQUIREMENTS FOR AUTHORIZATION OF STATE 
HAZARDOUS WASTE PROGRAMS--Table of Contents



             Subpart A_Requirements for Final Authorization

Sec.
271.1 Purpose and scope.
271.2 Definitions.
271.3 Availability of final authorization.
271.4 Consistency.
271.5 Elements of a program submission.
271.6 Program description.
271.7 Attorney General's statement.
271.8 Memorandum of Agreement with the Regional Administrator.
271.9 Requirements for identification and listing of hazardous wastes.
271.10 Requirements of generators of hazardous wastes.
271.11 Requirements for transporters of hazardous wastes.
271.12 Requirements for hazardous waste management facilities.
271.13 Requirements with respect to permits and permit applications.
271.14 Requirements for permitting.
271.15 Requirements for compliance evaluation programs.
271.16 Requirements for enforcement authority.
271.17 Sharing of information.
271.18 Coordination with other programs.
271.19 EPA review of State permits.
271.20 Approval process.
271.21 Procedures for revision of State programs.
271.22 Criteria for withdrawing approval of State programs.
271.23 Procedures for withdrawing approval of State programs.
271.24 Interim authorization under section 3006(g) of RCRA.
271.25 HSWA requirements.
271.26 Requirements for used oil management.
271.27 Interim authorization-by-rule for the revised Corrective Action 
          Management Unit rule.

Subpart B [Reserved]

    Authority: 42 U.S.C. 6905, 6912(a), 6926, and 6939g.

    Source: 48 FR 14248, Apr. 1, 1983, unless otherwise noted.



             Subpart A_Requirements for Final Authorization



Sec. 271.1  Purpose and scope.

    (a) This subpart specifies the procedures EPA will follow in 
approving, revising, and withdrawing approval of State programs and the 
requirements State programs must meet to be approved by the 
Administrator under sections 3006(b), (f) and (h) of RCRA.
    (b) State submissions for program approval must be made in 
accordance with the procedures set out in this subpart.
    (c) The substantive provisions which must be included in State 
programs for them to be approved include requirements for permitting, 
compliance evaluation, enforcement, public participation, and sharing of 
information. Many of the requirements for State programs are made 
applicable to States by cross-referencing other EPA regulations. In 
particular, many of the provisions of parts 270 and 124 are made 
applicable to States by the references contained in Sec. 271.14.
    (d) Upon receipt of a complete submission, EPA will conduct a public

[[Page 391]]

hearing, if interest is shown, and determine whether to approve or 
disapprove the program taking into consideration the requirements of 
this subpart, the Act and any comments received.
    (e) The Administrator shall approve State programs which conform to 
the applicable requirements of this subpart.
    (f) Except as provided in Sec. 271.3(a)(3), upon approval of a 
State permitting program, the Administrator shall suspend the issuance 
of Federal permits for those activities subject to the approved State 
program.
    (g) Any State program approved by the Administrator shall at all 
times be conducted in accordance with the requirements of this subpart.
    (h) Partial State programs are not allowed for programs operating 
under RCRA final authorization. However, in many cases States will lack 
authority to regulate activities on Indian lands. This lack of authority 
does not impair a State's ability to obtain full program approval in 
accordance with this subpart, i.e., inability of a State to regulate 
activities on Indian lands does not constitute a partial program. EPA 
will administer the program on Indian lands if the State does not seek 
this authority.

    Note: States are advised to contact the United States Department of 
the Interior, Bureau of Indian Affairs, concerning authority over Indian 
lands.

    (i) Except as provided in Sec. 271.4, nothing in this subpart 
precludes a State from:
    (1) Adopting or enforcing requirements which are more stringent or 
more extensive than those required under this subpart;
    (2) Operating a program with a greater scope of coverage than that 
required under this subpart. Where an approved State program has a 
greater scope of coverage than required by Federal law, the additional 
coverage is not part of the Federally approved program.
    (j) Requirements and prohibitions which are applicable to the 
generation, transportation, treatment, storage, or disposal of hazardous 
waste and which are imposed pursuant to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) include any requirement or prohibition which 
has taken effect under HSWA, such as:
    (1) All regulations specified in Table 1, and
    (2) The self-implementing statutory provisions specified in Table 2 
that have taken effect.

    Note: See Sec. Sec. 264.1(f)(3), 265.1(c)(4)(ii), 271.3(b), 
271.21(e)(2) and 271.121(c)(3) for applicability.

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
   Promulgation date          Title of regulation           Federal Register reference        Effective date
----------------------------------------------------------------------------------------------------------------
Jan. 14, 1985.........  Dioxin-containing wastes.......  50 FR 1978-2006................  July 15, 1985.
Apr. 30, 1985.........  Paint filter liquids test......  50 FR 18370-5..................  June 14, 1985.
July 15, 1985.........  Codification rule [as corrected  50 FR 28702-55.................  July 15, 1985.
                         in 51 FR 2702, 1/21/86].
Oct. 23, 1985.........  Listing wastes from the          50 FR 42936-43.................  Oct. 23, 1985.
                         production of dinitrotoluene,
                         toluenediamine, and toluene
                         diisocyanate.
Nov. 29, 1985.........  Standards for the management of  50 FR 49164-212................  Dec. 9, 1985.
                         the burning of specific wastes                                   Mar. 31, 1986.
                         in specific types of                                             May 29, 1986.
                         facilities.
Dec. 31, 1985.........  Amendment of spent solvent       50 FR 53315-20.................  Jan. 30, 1986.
                         listings to include solvent
                         mixtures [as corrected in 51
                         FR 19176, 5/28/86].
Feb. 13, 1986.........  Listing wastes from the          51FR 5327-31...................  Aug. 13, 1986.
                         production of ethylene
                         dibromide (EDB).
Feb. 25, 1986.........  Listing of four spent solvents   51 FR 6537-42..................  Aug. 25, 1986.
                         and the still bottoms from
                         their recovery.
Mar. 24, 1986.........  Regulations for generators of    51 FR 10146-76.................  Sept. 22, 1986.
                         100-1000 kg/mo of hazardous
                         waste.
July 14, 1986.........  Hazardous Waste Tank             51 FR 25422-86.................  Jan. 12, 1987.
                         Regulations: \1\ 260.10;                                         Mar. 24, 1987.
                         262.34(a)(1); 264.110;
                         264.140; 264.190-264.199;
                         265.110; 265.140; 265.190-
                         265.200; 270.14(b); 270.16;
                         and 270.72 (e).
Aug. 8, 1986..........  Exports of hazardous waste.....  51 FR 28664-86.................  Nov. 8, 1986.
Oct. 24, 1986.........  Listing Wastes from the          51 FR 37725....................  Apr. 24, 1987.
                         Production and Formulation of
                         Ethylenebisdithiocarbamic Acid
                         (EBDC) and its Salts.
Nov. 7, 1986..........  Land disposal restrictions for   51 FR 40572....................  Nov. 8, 1986.
                         solvents and dioxins.
July 8, 1987..........  Land disposal restrictions for   52 FR 25760....................  July 8, 1987.
                         California list wastes.

[[Page 392]]

 
Sept. 23, 1987........  Exception Reporting for Small    52 FR 35899....................  Mar. 23, 1988.
                         Quantity Generators of
                         Hazardous Waste.
Dec. 1, 1987..........  Codification rule for the 1984   52 FR 45799....................  Dec. 31, 1987.
                         RCRA Amendments.
Aug. 17, 1988.........  Land disposal restrictions for   53 FR 31138-222................  Aug. 8, 1988.
                         First Third wastes.
June 23, 1989.........  Land Disposal Restrictions for   54 FR 26594-652................  June 8, 1989.
                         Second Third wastes.
Oct. 6, 1989..........  Listing Wastes from the          54 FR 41402-408................  Apr. 6, 1990.
                         Production of Methyl Bromide.
Dec. 11, 1989.........  Listing Certain Hydrocarbons     54 FR 50968-978................  June 11, 1990.
                         Produced by Free Radical
                         Catalyzed Processes.
Mar. 29, 1990.........  Toxicity characteristic........  55 FR 11798-877................  Sept. 25, 1990.
May 1, 1990...........  Listing Wastes from the          55 FR 18496-506................  Nov. 2, 1990.
                         Production of UDMH from
                         Carboxylic Acid Hydrazides.
June 1, 1990..........  Land Disposal Restrictions for   55 FR 22520-720................  May 8, 1990.
                         Third Third wastes.
June 21, 1990.........  Process Vent and Equipment Leak  55 FR 25454-519................  Dec. 21, 1990.
                         Organic Air Emission Standards
                         for Owners and Operators of
                         Hazardous Waste Treatment,
                         Storage, and Disposal
                         Facilities.
Nov. 2, 1990..........  Petroleum refinery primary and   55 FR 46354-397................  May 2, 1991.
                         secondary oil/water/solids
                         separation sludge listings.
Dec. 6, 1990..........  The listing of wastes from wood  55 FR 50450-490................  June 6, 1991.
                         preserving processes. \2\
Dec. 31, 1990.........  Burning of Hazardous Waste in    56 FR 7134-7240................  Aug. 21, 1991.
                         Boilers and Industrial
                         Furnaces.
May 13, 1991..........  Petroleum refinery primary and   56 FR 21959....................  May 2, 1991.
                         secondary oil/water/solids
                         separation sludge listings.
Aug. 19, 1991.........  Land disposal restrictions &     56 FR 41178....................  Aug. 8, 1991.
                         generic exclusion for K061
                         nonwastewaters & conditional
                         exclusion for K061 HTMR splash
                         condenser dross residue.
Jan. 29, 1992.........  Liners and Leak Detection for    57 FR 3497.....................  July 29, 1992.
                         Hazardous Waste Land Disposal
                         Units \3\.
June 22, 1992.........  Exclusion from the definition    57 FR 27888....................  June 22, 1992.
                         of solid waste for the
                         recycling of hazardous wastes
                         in the coke by-products
                         industry.
Aug. 18, 1992.........  Land disposal restrictions for   57 FR 37282....................  June 30, 1992.
                         newly listed wastes in Sec.
                         268.36 (b)-(g).
 Do...................  Land disposal restrictions for   ......Do.......................  Nov. 9, 1992.
                         newly listed wastes in Sec.
                         268.36(a), hazardous debris,
                         and generic exclusion for K062
                         and F006 nonwaste-waters.
Aug. 18, 1992.........  The listing of wastes from the   57 FR 37306....................  Feb. 18, 1993
                         production, recovery, and
                         refining of coke by-products
                         produced from coal.
Oct. 15, 1992.........  Listing Wastes from the          57 FR 47386....................  Apr. 15, 1993.
                         Production of Chlorinated
                         Toluenes.
Nov. 18, 1992.........  Containerized Liquids in         57 FR 54461....................  May 18, 1992.
                         Landfills.
Nov. 24, 1992.........  Toxicity Characteristic          57 FR 55117....................  Nov. 24, 1992.
                         Revision.
Feb. 16, 1993.........  Corrective Action Management     58 FR 8685.....................  Apr. 19, 1993.
                         Units and Temporary Units;
                         Corrective Action Provisions
                         under Subtitle C.
May 24, 1993..........  Land disposal restrictions for   58 FR 29887....................  Aug. 9, 1993.
                         characteristic wastes whose
                         treatment standards were
                         vacated.
Nov. 9, 1993..........  Burning of hazardous waste in    58 FR 59603....................  Oct. 15, 1993.
                         boilers and industrial
                         furnaces.
Sept. 19, 1994........  Land Disposal Restrictions       47982-48110....................  Dec. 19, 1994.
                         Phase II--Universal Treatment
                         Standards, and Treatment
                         Standards for Organic Toxicity
                         Characteristic Wastes and
                         Newly Listed Wastes \4\ in
                         Sec. 268.38.
Dec. 6, 1994..........  Air Emission Standards for       59 FR 62896-62953..............  Dec. 6, 1996.
                         Tanks, Surface Impoundments,
                         and Containers.
Feb. 9, 1995..........  Listing Wastes from the          60 FR 7856.....................  Aug. 9, 1995.
                         Production of Carbamates.
July 11, 1995.........  Containerized Liquids in         60 FR 35706....................  Sept. 11, 1995.
                         Landfills.
Apr. 8, 1996..........  Land Disposal Restrictions       61 FR 15660....................  July 8, 1996.
                         Phase III--Decharacterized
                         Wastewaters, Carbamate Wastes,
                         and Spent Aluminum Potliners
                         in Sec. 268.39.
July 1, 1996..........  Revisions to Criteria            61 FR 34278....................  Jan. 1, 1998.
                         applicable to solid waste
                         facilities that may accept
                         CESQG hazardous wastes,
                         excluding MSWLF's.
Aug. 26, 1996.........  Emergency Revision of the Land   61 FR 43931....................  Aug. 26, 1996 until
                         Disposal Restrictions (LDR)                                       Aug. 26, 1997.
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
May 12, 1997..........  Land Disposal Restrictions for   62 FR 26040....................  Aug. 11, 1997.
                         Wood Preserving Wastes and
                         Paperwork Reductions.
June 17, 1997.........  Vacated Carbamate wastes.......  62 FR 32979....................  Aug. 9, 1995.

[[Page 393]]

 
Aug. 28, 1997.........  Second Emergency Revision of     62 FR 45572....................  Aug. 26, 1997 until
                         the Land Disposal Restrictions                                    Aug. 26, 1998.
                         (LDR) Phase III Treatment
                         Standards for Listed Hazardous
                         Wastes from Carbamate
                         Production..
May 4, 1998...........  Listing of Organobromine         63 FR 24627....................  Nov. 4, 1998.
                         Production Wastes.
May 26, 1998..........  Land Disposal Restrictions       63 FR 28753....................  Aug. 24, 1998.
                         Phase IV Final Rule.
Aug. 6, 1998..........  Petroleum Refining Process       63 FR 42188....................  Feb. 8, 1999.
                         Wastes.
Sept. 4, 1998.........  Emergency Revision of the Land   63 FR 47418....................  Sept. 4, 1998.
                         Disposal Restrictions (LDR)
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
Sept. 21, 1998........  Treatment Standards for          63 FR 51267....................  Sept. 21, 1998.
                         Hazardous Waste K088.
Nov. 30, 1998.........  Hazardous Remediation Waste      63 FR 65947....................  June 1, 1999.
                         Management Requirements \5\.
Sept. 30, 1999........  Standards for Hazardous Air      64 FR 53077....................  Sept. 30, 1999.
                         Pollutants for Hazardous Waste
                         Combustors.
Mar. 17, 2000.........  Vacated Organobromine wastes...  65 FR 14475....................  Nov. 4, 1998.
Sept. 29, 2000........  Listing of Hazardous Wastes      65 FR 67132....................  May 7, 2001.
                         K174 and K175.
Oct. 31, 2001.........  Listing of Inorganic Chemical    67 FR 58299....................  May 20, 2002.
                         Manufacturing Wastes.
Feb. 13, 2002.........  Interim Standards for Hazardous  67 FR 6818, Feb. 13, 2002......  Feb. 13, 2002.
                         Air Pollutants for Hazardous
                         Waste Combustors.
Sept. 30, 2002........  Land Disposal Restrictions:      67 FR 62624, Oct. 7, 2002......  Nov. 21, 2002
                         National Treatment Variance to
                         Designate New Treatment
                         Subcategories for
                         Radioactively Contaminated
                         Cadmium-, Mercury-, and Silver-
                         Containing Batteries.
Jan. 22, 2002.........  Corrective Action..............  67 FR 3029, Jan. 22, 2002......  April 22, 2002.
                        Management Unit................
                        Standards......................
                        Amendments.....................
July 15, 2002.........  Elimination of LDR Treatment     July 24, 2002..................  Jan. 24, 2003.
                         Standards Exemption for K061-
                         Derived Fertilizers.
Feb. 15, 2005.........  Listing of Hazards Waste K181..  70 FR 9179.....................  Aug. 23, 2005
Mar. 4, 2005..........  Waste Minimization               70 FR 10825....................  Sept. 6, 2005.
                         Certification in the Revised
                         Manifest Rule.
July 14, 2005.........  Process Vent and Equipment Leak  70 FR 34538....................  July 14, 2005.
                         Organic Air Emission Standards
                         for Owners and of Operators of
                         Hazardous Waste Treatment,
                         Storage, and Disposal
                         Facilities.
July 14, 2005.........  Burning of Hazardous Waste in    70 FR 34538....................  July 14, 2005
                         Boilers and Industrial
                         Furnaces.
July 14, 2005.........  Air Emission Standards Tanks,    70 FR 34538....................  July 14, 2005.
                         Surface Impoundments,
                         Containers.
Oct. 12, 2005.........  Standards for Hazardous Air      70 FR 59402....................  Oct. 12, 2005.
                         Pollutants for Hazardous Waste
                         Combustors.
May 4, 2006...........  Office of Resource Conservation  71 FR 16862-16915..............  May 4, 2006.
                         and Recovery Burden Reduction
                         Project.
July 28, 2006.........  Final Rule for Cathode Ray       71 FR 42949....................  Jan. 29, 2007.
                         Tubes.
Jan. 8, 2010..........  Exports of hazardous waste.....  75 FR 1262.....................  July 7, 2010.
June 13, 2011.........  Land Disposal Restrictions:      76 FR [Insert page number].....  8/12/11.
                         Revision of the Treatment
                         Standards for Carbamate
                         Hazardous Wastes.
Nov. 28, 2016.........  Hazardous Waste Export-Import    81 FR 85728....................  December 31, 2016.
                         Revisions.
----------------------------------------------------------------------------------------------------------------
\1\ These regulations implement HSWA only to the extent that they apply to tank systems owned or operated by
  small quantity generators, establish leak detection requirements for all new underground tank systems, and
  establish permitting standards for underground tank systems that cannot be entered for inspection.
\2\ These regulations, including test methods for benzo(k)fluoranthene and technical standards for drip pads,
  implement HSWA only to the extent that they apply to the listing of Hazardous Waste No. F032, and wastes that
  are hazardous because they exhibit the Toxicity Characteristic. These regulations, including test methods for
  benzo(k)fluoranthene and technical standards for drip pads, do not implement HSWA to the extent that they
  apply to the listings of Hazardous Waste Nos. F034 and F035.
\3\ The following portions of this rule are not HSWA regulations: Sec. Sec. 264.19 and 265.19 for final
  covers.
\4\ The following portions of this rule are not HSWA regulations: Sec. Sec. 260.30, 260.31, 261.2.
\5\ These regulations implement HSWA only to the extent that they apply to the standards for staging piles and
  to Sec. Sec. 264.1(j) and 264.101(d) of this chapter.


[[Page 394]]


            Table 2--Self-Implementing Provisions of the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                                             Federal Register
    Effective date        Self-implementing provision             RCRA citation                  reference
----------------------------------------------------------------------------------------------------------------
Nov. 8, 1984..........  Delisting procedures...........  3001(f)........................  July 15, 1985, 50 FR
                                                                                           28702-55.
 Do...................  Waste disposal for small         3001(d)(5).....................   Do.
                         quantity generators prior to
                         March 31, 1986.
 Do...................  Prohibition of disposal in salt  3004(b)........................   Do.
                         domes, salt beds and
                         underground mines and caves.
 Do...................  Land disposal prohibition not    3004(d)(3).....................   Do.
                         applicable to contaminated
                         soil or debris from a CERCLA
                         response action or a RCRA
                         corrective action prior to
                         November 8, 1988.
 Do...................  Loss of interim status.........  3005(c)(2)(C) & (e)(2)-(3).....   Do.
 Do...................  Storage of wastes prohibited     3004(j) & 3005(j)(11)..........   Do.
                         from land disposal.
 Do...................  Prohibition of waste and used    3004(l)........................   Do.
                         oil as dust suppressant.
 Do...................  Minimum technological            3004(o)........................   Do.
                         requirements for new and
                         expanding surface
                         impoundments, landfills and
                         incinerators.
 Do...................  Ground water monitoring........  3004(p)........................   Do.
 Do...................  Prohibition for burning fuels    3004(q)(2)(C)..................   Do.
                         containing hazardous waste in
                         any cement kilns.
 Do...................  Financial responsibility for     3004(t)(2)-(3).................   Do.
                         liability of guarantor when
                         owner/operator is in
                         bankruptcy.
 Do...................  Corrective action..............  3004(u)........................   Do.
 Do...................  Review of land disposal permits  3005(c)(3).....................   Do.
                         every 5 years.
 Do...................  Permit terms and conditions      3005(c)(3).....................   Do.
                         necessary to protect human
                         health and the environment.
 Do...................  Research, development, and       3005(g)........................   Do.
                         demonstration permits.
 Do...................  Interim status facilities        3005(i)........................   Do.
                         receiving waste after July 26,
                         1982.
 Do...................  Deadline for surface             3005(j)(5).....................   Do.
                         impoundment retrofit exemption
                         application.
Feb. 7, 1985..........  Fuel labeling requirements.....  3004(r)........................   Do.
May 8, 1985...........  Prohibition of liquids in        3004(c)(1).....................   Do.
                         landfills.
 Do...................  Expansions during interim        3015(a)........................   Do.
                         status for waste piles.
 Do...................  Expansions during interim        3015(b)........................   Do.
                         status for landfills and
                         surface impoundments.
 Do...................  Interim control of hazardous     7010(a)........................   Do.
                         waste disposed of by
                         underground injection.
Aug. 5, 1985..........  Small quantity generator         3001(d)(3).....................   Do.
                         manifest requirements.
Aug. 8, 1985..........  Exposure assessments to          3019(a)........................   Do.
                         accompany landfill and surface
                         impoundment permit
                         applications.
Sept. 1, 1985.........  Waste minimization               3002(b)........................   Do.
                         certification on manifest.
 Do...................  Waste minimization permit        3005(h)........................   Do.
                         condition.
Nov. 8, 1985..........  Prohibition of non-hazardous     3004(c)(3).....................   Do.
                         liquids in landfills.
 Do...................  Notification of hazardous waste  3017(c)........................   Do.
                         export.
Feb. 8, 1986 \1\......  Notification requirements for    3010(a)........................  Nov. 29, 1985, 50 FR
                         producers, burners, blenders,                                     49164-211.
                         distributors and marketers of
                         waste derived fuel.
Mar. 31, 1986 \2\.....  Small quantity generator         3001(d)(8).....................  Mar. 24, 1986, 51 FR
                         requirements.                                                     10146-78.
Nov. 8, 1986..........  Land disposal prohibitions on    3004(e)........................  Nov. 7, 1986, 51 FR
                         dioxins and F001-F005 solvents.                                   40572.
 Do...................  Temporary granting of exclusion  3001(f)(2)(B)..................  ......................
                         petitions ceases.
 Do...................  Export of hazardous waste......  3017(a)........................  Aug. 8, 1986, 51 FR
                                                                                           28664-86.
July 8, 1987..........  Land disposal restrictions for   3004(d)........................  July 8, 1987, 52 FR
                         California list wastes.                                           25760.
Sept. 23, 1987........  Exception reporting for small    52 FR 35899....................  Mar. 23, 1988.
                         quantity generators of
                         hazardous waste.
Aug. 8, 1988..........  Prohibition on California        3004(f)(3).....................  ......................
                         wastes, dioxins, and solvents
                         in deep injection wells.
 Do...................  Land disposal restrictions of    3004(g)(6)(A)..................  Aug. 17, 1988, 53 FR
                         \1/3\ of listed wastes.                                           31138-222.
Nov. 8, 1988..........  Prohibition on wastes in         3005(j)........................  ......................
                         existing surface impoundments
                         unless double lined.
June 8, 1989..........  Prohibition on land disposal of  3004(g)(6)(B)..................  June 23, 1989, 54 FR
                         \2/3\ of listed wastes.                                           26594-652.
May 8, 1990...........  Prohibition on land disposal of  3004(g)(6)(C)..................  June 1, 1990, 55 FR
                         3/3 of listed wastes.                                             22520-720.
Aug. 8, 1991..........  Prohibition on land disposal of  3004(g)(6)(A)..................  Aug. 19, 1991, 56 FR
                         K061 high zinc nonwastewaters.                                    41178.

[[Page 395]]

 
June 30, 1992.........  Surface Impoundment Retrofit...  37282..........................  Aug. 18, 1992, 57 FR
                                                                                           37282.
Nov. 9, 1992..........  Prohibition on land disposal of  ......Do.......................  Aug. 18, 1992, 57 FR
                         hazardous debris and newly                                        37282.
                         listed wastes.
Feb. 18, 1993.........  Containment buildings..........  ......Do.......................  Aug. 18, 1992, 57 FR
                                                                                           37282.
Aug. 9, 1993..........  Prohibition on land disposal of  3004(g)(6)(c)..................  May 24, 1993, 58 FR
                         characteristic wastes whose                                       29887.
                         treatment standards were
                         vacated.
Dec. 19, 1994.........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 19, 1994, 59 FR
                         newly listed and identified                                       47982-48110.
                         wastes.
Sept. 19, 1995........  Establishment of treatment       3004(m)........................   Do.
                         standards for D001 and D012-
                         D017 wastes injected into
                         nonhazardous deep wells.
Apr. 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1996, 61 FR
                         K088 wastes.                                                      15660.
July 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1996, 61 FR
                         carbamate wastes.                                                 15660.
July 8, 1996..........  Prohibition on land disposal of  3004(m)........................  June 17, 1997, 62 FR
                         carbamate wastes (Vacated                                         32979.
                         wastes).
Sept. 6, 1996.........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 19, 1994, 59 FR
                         radioactive waste mixed with                                      47982-48110.
                         the newly listed or identified
                         wastes, including soil and
                         debris.
Oct. 8, 1996..........  Prohibition on land disposal of  3004(m)........................  Apr. 8, 1998, 61 FR
                         K088 wastes.                                                      15660.
Dec. 6, 1996..........  Air Emission Standards for       3004(n)........................  Dec. 6, 1994, 59 FR
                         Tanks, Surface Impoundments,                                      62896-62953.
                         and Containers.
Aug. 11, 1997.........  Prohibition on land disposal of  3004(g)(4)(c) and 3004 (m).....  May 12, 1997,
                         wood preserving wastes.                                          62 FR 26040.
Apr. 8, 1998..........  Prohibition on disposal of       3304(g)(4)(c) and 3004(m)......  June 17, 1997, 62 FR
                         radioactive waste mixed with                                      32979.
                         newly listed or identified
                         wastes, including soil and
                         debris (Vacated carbamate
                         wastes).
Aug. 24, 1998.........  Prohibition on land disposal of  3004(m)........................  May 26, 1998, 63 FR
                         newly identified wastes,                                          28753.
                         including TC metal wastes and
                         characteristic mineral
                         processing wastes; treatment
                         standards for contaminated
                         soil..
Sept. 4, 1998.........  Emergency Revision of the Land   3004(m)........................  Sept. 4, 1998, 63 FR
                         Disposal Restrictions (LDR)                                       47418.
                         Phase III Treatment Standards
                         for Listed Hazardous Wastes
                         from Carbamate Production.
Sept. 21, 1998........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Sept. 24, 1998, 63 FR
                         K088 wastes, and prohibition                                      51267.
                         on land disposal of
                         radioactive waste mixed with
                         K088 wastes, including soil
                         and debris.
Nov. 4, 1998..........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  May 4, 1998, 63 FR
                         newly listed and identified                                       24596.
                         wastes..
Nov. 4, 1998..........  Prohibition on land disposal of  3004(m) 3004(g)(4)(C) and        May 4, 1998, 63 FR
                         radioactive waste mixed with     3004(m).                         24596.
                         the newly listed and
                         identified wastes, including
                         soil and debris.
Nov. 4, 1998..........  Prohibition on land disposal of  3004(g)(4)(c) and 3004(m)......  Mar. 17, 2000, 65 FR
                         organobromine waste (Vacated                                      14475.
                         wastes).
Nov. 4, 1998..........  Prohibition on land disposal of  3004(m) and 3004(g)(4)(c)......  Mar. 17, 2000, 65 FR
                         radioactive waste mixed with                                      14475.
                         the newly listed and
                         identified wastes, including
                         soil and debris (Vacated
                         organobromine wastes).
Feb. 8, 1999..........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Aug. 6, 1998, 63 FR
                         newly listed and identified                                       42188.
                         wastes; and prohibition on
                         land disposal of radioactive
                         waste mixed with the newly
                         listed or identified wastes,
                         including soil and debris.
May 12, 1999..........  Prohibition on land disposal of  3004(m)........................  May 12, 1997, 62 FR
                         radioactive waste and soil and                                    26040.
                         debris mixed with wood
                         preserving wastes.
May 26, 2000..........  Prohibition on land disposal of  3004(m)........................  May 26, 1998, 63 FR
                         newly identified wastes from                                      28753.
                         elemental phosphorus
                         processing and mixed
                         radioactive and newly
                         identified TC metal/mineral
                         processing wastes (including
                         soil and debris)..
                        Prohibition on underground
                         injection of newly identified
                         mineral processing wastes from
                         titanium dioxide production..
May 7, 2001...........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Nov. 8, 2000, 65 FR
                         K174 and K175 wastes, and                                         67132.
                         prohibition on land disposal
                         of radioactive waste mixed
                         with K174 and K175 wastes,
                         including soil and debris..

[[Page 396]]

 
May 20, 2002..........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Nov. 20, 2002, 66 FR
                         K176, K177, and K178 wastes,                                      28299.
                         and prohibition on land
                         disposal of radioactive waste
                         mixed with K176, K177, and
                         K178 wastes, including soil
                         and debris.
Jan. 24, 2003.........  Elimination of LDR Treatment     3004(g)(6).....................  July 24, 2002, 66 FR
                         Standards Exemption for K061                                      48414.
                         Derived Fertilizers.
Aug. 23, 2005.........  Prohibition on land disposal of  3004(g)(4)(C) and 3004(m)......  Feb. 24, 2005, 70 FR
                         K181 waste, and prohibition on                                    9179.
                         land disposal of radioactive
                         waste mixed with K181 wastes,
                         including soil and debris.
July 7, 2010..........  Exports of hazardous waste.....  3017(a)........................  75 FR 1262
August 12, 2011.......  Land Disposal Restrictions:      3004(m)........................  76 FR [Insert Page
                         Revision of the Treatment                                         Numbers]
                         Standards for Carbamate
                         Hazardous Wastes.
December 31, 2016.....  Hazardous Waste Export-Import    3017(a)........................  81 FR 85728
                         Revisions.
----------------------------------------------------------------------------------------------------------------
\1\ Note that the effective date was changed to Jan. 29, 1986 by the Nov. 29, 1985 rule.
\2\ Note that the effective date was changed to Sept. 22, 1986 by the Mar. 24, 1986 rule.


[48 FR 14248, Apr. 1, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 
271.1, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec. 271.2  Definitions.

    The definitions in part 270 apply to all subparts of this part.



Sec. 271.3  Availability of final authorization.

    (a) Where a State program meets the requirements of section 3006 of 
RCRA and this subpart it may receive authorization for any provision of 
its program corresponding to a Federal provision in effect on the date 
of the State's authorization.
    (b) States approved under this subpart are authorized to administer 
and enforce their hazardous waste program in lieu of the Federal 
program, except as provided below:
    (1) Any requirement or prohibition which is applicable to the 
generation, transportation, treatment, storage, or disposal of hazardous 
waste and which is imposed pursuant to the Hazardous and Solid Waste 
Amendments of 1984 takes effect in each State having a finally 
authorized State program on the same date as such requirement takes 
effect in other States. These requirements and prohibitions are 
identified in Sec. 271.1(j).
    (2) The requirements and prohibitions in Sec. 271.1(j) supersede 
any less stringent provision of a State program. The Administrator is 
authorized to carry out each such Federal requirement and prohibition in 
an authorized State except where, pursuant to section 3006(b) or 
3006(g)(2) of RCRA, the State has received final or interim 
authorization to carry out the particular requirement or prohibition. 
Violations of Federal requirements and prohibitions effective in 
authorized States are enforceable under sections 3008, 3013 and 7003 of 
RCRA.
    (3) Until an authorized State program is revised to reflect the 
amendments made by the Hazardous and Solid Waste Amendments of 1984 and 
such program revisions receive final or interim authorization pursuant 
to section 3006(b) or 3006(g)(2) of RCRA, the Administrator shall have 
the authority in such State to issue or deny permits or those portions 
of permits affected by the requirements and prohibitions established by 
the Hazardous and Solid Waste Amendments of 1984.
    (4) Any requirement imposed under the authority of the Hazardous 
Waste Electronic Manifest Establishment Act:
    (i) Shall take effect in each State having a finally authorized 
State program on the same date as such requirement takes effect in other 
States;

[[Page 397]]

    (ii) Shall supersede any less stringent or inconsistent provision of 
a State program; and
    (iii) Shall be carried out by the Administrator in an authorized 
state except where, pursuant to section 3006(b) of RCRA, the State has 
received final authorization to carry out the requirement in lieu of the 
Administrator.
    (c) Official State applications for final authorization may be 
reviewed on the basis of Federal self-implementing statutory provisions 
that were in effect 12 months prior to the State's submission of its 
official application (if no implementing regulations have previously 
been promulgated) and the regulations in 40 CFR parts 124, 260-266, 268, 
270 and 271 that were in effect 12 months prior to the State's 
submission of its official application. To meet this requirement the 
State may demonstrate that its program qualifies for final authorization 
pursuant to this subpart or interim authorization under Sec. 271.24. 
States are not precluded from seeking authorization for requirements 
taking effect less than 12 months prior to the State's submittal of its 
final application.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 51 
FR 33721, Sept. 22, 1986; 60 FR 33914, June 29, 1995; 79 FR 7562, Feb. 
7, 2014; 83 FR 462, Jan. 3, 2018]



Sec. 271.4  Consistency.

    To obtain approval, a State program must be consistent with the 
Federal program and State programs applicable in other States and in 
particular must comply with the provisions below. For purposes of this 
section the phrase ``State programs applicable in other States'' refers 
only to those State hazardous waste programs which have received final 
authorization under this part.
    (a) Any aspect of the State program which unreasonably restricts, 
impedes, or operates as a ban on the free movement across the State 
border of hazardous wastes from or to other States for treatment, 
storage, or disposal at facilities authorized to operate under the 
Federal or an approved State program shall be deemed inconsistent.
    (b) Any aspect of State law or of the State program which has no 
basis in human health or environmental protection and which acts as a 
prohibition on the treatment, storage or disposal of hazardous waste in 
the State may be deemed inconsistent.
    (c) If the state manifest system does not meet the requirements of 
this part, the state program shall be deemed inconsistent. The state 
manifest system must further allow the use and recognize the validity of 
electronic manifests as described in Sec. 260.10 of this chapter.

[48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 79 
FR 7562, Feb. 7, 2014]



Sec. 271.5  Elements of a program submission.

    (a) Any State that seeks to administer a program under this part 
shall submit to the Administrator at least three copies of a program 
submission. The submission shall contain the following:
    (1) A letter from the Governor of the State requesting program 
approval;
    (2) A complete program description, as required by Sec. 271.6 
describing how the State intends to carry out its responsibilities under 
this subpart;
    (3) An Attorney General's statement as required by Sec. 271.7;
    (4) A Memorandum of Agreement with the Regional Administrator as 
required by Sec. 271.8;
    (5) Copies of all applicable State statutes and regulations, 
including those governing State administrative procedures; and
    (6) The showing required by Sec. 271.20(c) of the State's public 
participation activities prior to program submission.
    (b) Within 30 days of receipt by EPA of a State program submission, 
EPA will notify the State whether its submission is complete. If EPA 
finds that a State's submission is complete, the statutory review period 
(i.e., the period of time allotted for formal EPA review of a proposed 
State program under section 3006(b) of the Act) shall be deemed to have 
begun on the date of receipt of the State's submission. If EPA finds 
that a State's submission is incomplete, the review period shall not 
begin until all necessary information is received by EPA.
    (c) If the State's submission is materially changed during the 
review period, the review period shall begin

[[Page 398]]

again upon receipt of the revised submission.
    (d) The State and EPA may extend the review period by agreement.



Sec. 271.6  Program description.

    Any State that seeks to administer a program under this subpart 
shall submit a description of the program it proposes to administer in 
lieu of the Federal program under State law or under an interstate 
compact. The program description shall include:
    (a) A description in narrative form of the scope, structure, 
coverage and processes of the State program.
    (b) A description (including organization charts) of the 
organization and structure of the State agency or agencies which will 
have responsibility for administering the program, including the 
information listed below. If more than one agency is responsible for 
administration of a program, each agency must have statewide 
jurisdiction over a class of activities. The responsibilities of each 
agency must be delineated, their procedures for coordination set forth, 
and an agency must be designated as a ``lead agency'' to facilitate 
communications between EPA and the State agencies having program 
responsibilities. When the State proposes to administer a program of 
greater scope of coverage than is required by Federal law, the 
information provided under this paragraph shall indicate the resources 
dedicated to administering the Federally required portion of the 
program.
    (1) A description of the State agency staff who will carry out the 
State program, including the number, occupations, and general duties of 
the employees. The State need not submit complete job descriptions for 
every employee carrying out the State program.
    (2) An itemization of the estimated costs of establishing and 
administering the program, including cost of the personnel listed in 
paragraph (b)(1) of this section, cost of administrative support, and 
cost of technical support. This estimate must cover the first two years 
after program approval.
    (3) An itemization of the sources and amounts of funding, including 
an estimate of Federal grant money, available to the State Director to 
meet the costs listed in paragraph (b)(2) of this section, identifying 
any restrictions or limitations upon this funding. This estimate must 
cover the first two years after program approval.
    (c) A description of applicable State procedures, including 
permitting procedures and any State administrative or judicial review 
procedures.
    (d) Copies of the permit form(s), application form(s), and reporting 
form(s) the State intends to employ in its program. Forms used by the 
State for hazardous waste management need not be identical to the forms 
used by EPA but should require the same basic information, except that 
the State RCRA program must require the use of EPA Manifest Forms 8700-
22 and 8700-22A. Where the State preprints information on the Manifest 
forms, such forms must be submitted with the State's application for 
approval. Restrictions on preprinting by the States are identified in 40 
CFR 271.10(h). Otherwise, the State need not provide copies of uniform 
national forms it intends to use but should note its intention to use 
such forms.
    (e) A complete description of the State's compliance tracking and 
enforcement program.
    (f) A description of the State manifest tracking system, and of the 
procedures the State will use to coordinate information with other 
approved State programs and the Federal program regarding interstate and 
international shipments.
    (g) An estimate of the number of the following:
    (1) Generators;
    (2) Transporters; and
    (3) On- and off-site storage, treatment and disposal facilities, and 
a brief description of the types of facilities and an indication of the 
permit status of these facilities.
    (h) If available, an estimate of the annual quantities of hazardous 
wastes generated within the State; transported into and out of the 
State; and stored, treated, or disposed of within the State: On-site; 
and Off-site.

[48 FR 14248, Apr. 1, 1983, as amended at 49 FR 10506, Mar. 20, 1984]

[[Page 399]]



Sec. 271.7  Attorney General's statement.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a statement from the State Attorney General (or the 
attorney for those State agencies which have independent legal counsel) 
that the laws of the State provide adequate authority to carry out the 
program described under Sec. 271.6 and to meet the requirements of this 
subpart. This statement shall include citations to the specific 
statutes, administrative regulations and, where appropriate, judicial 
decisions which demonstrate adequate authority. State statutes and 
regulations cited by the State Attorney General or independent legal 
counsel shall be in the form of lawfully adopted State statutes and 
regulations at the time the statement is signed and shall be fully 
effective by the time the program is approved. To qualify as 
``independent legal counsel'' the attorney signing the statement 
required by this section must have full authority to independently 
represent the State agency in court on all matters pertaining to the 
State program.

    Note: EPA will supply States with an Attorney General's statement 
format on request.

    (b) When a State seeks authority over activities on Indian lands, 
the statement shall contain an appropriate analysis of the State's 
authority.



Sec. 271.8  Memorandum of Agreement with the Regional Administrator.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a Memorandum of Agreement (MOA). The Memorandum of 
Agreement shall be executed by the State Director and the Regional 
Administrator and shall become effective when approved by the 
Administrator. In addition to meeting the requirements of paragraph (b) 
of this section, the Memorandum of Agreement may include other terms, 
conditions, or agreements consistent with this subpart and relevant to 
the administration and enforcement of the State's regulatory program. 
The Administrator shall not approve any Memorandum of Agreement which 
contains provisions which restrict EPA's statutory oversight 
responsibility.
    (b) All Memoranda of Agreement shall include the following:
    (1) Provisions for the Regional Administrator to promptly forward to 
the State Director information obtained prior to program approval in 
notifications provided under section 3010(a) of RCRA. The Regional 
Administrator and the State Director shall agree on procedures for the 
assignment of EPA identification numbers for new generators, 
transporters, treatment, storage, and disposal facilities.
    (2) Provisions specifying the frequency and content of reports, 
documents and other information which the State is required to submit to 
EPA. The State shall allow EPA to routinely review State records, 
reports, and files relevant to the administration and enforcement of the 
approved program. State reports may be combined with grant reports where 
appropriate.
    (3) Provisions on the State's compliance monitoring and enforcement 
program, including:
    (i) Provisions for coordination of compliance monitoring activities 
by the State and by EPA. These may specify the basis on which the 
Regional Administrator will select facilities or activities within the 
State for EPA inspection. The Regional Administrator will normally 
notify the State at least 7 days before any such inspection; and
    (ii) Procedures to assure coordination of enforcement activities.
    (4) Provisions allowing EPA to conduct compliance inspections of all 
generators, transporters, and HWM facilities in each year for which the 
State is operating under final authorization. The Regional Administrator 
and the State Director may agree to limitations on compliance 
inspections of generators, transporters, and non-major HWM facilities.
    (5) No limitations on EPA compliance inspections of generators, 
transporters, or non-major HWM facilities under paragraph (b)(4) of this 
section shall restrict EPA's right to inspect any generator, 
transporter, or HWM facility which it has cause to believe is not in 
compliance with RCRA; however, before conducting such an inspection, EPA 
will normally allow the

[[Page 400]]

State a reasonable opportunity to conduct a compliance evaluation 
inspection.
    (6) Provisions for the prompt transfer from EPA to the State of 
pending permit applications and any other information relevant to 
program operation not already in the possession of the State Director 
(e.g., support files for permit issuance, compliance reports, etc.). 
When existing permits are transferred from EPA to the State for 
administration, the Memorandum of Agreement shall contain provisions 
specifying a procedure for transferring the administration of these 
permits. If a State lacks the authority to directly administer permits 
issued by the Federal government, a procedure may be established to 
transfer responsibility for these permits.

    Note: For example, EPA and the State and the permittee could agree 
that the State would issue a permit(s) identical to the outstanding 
Federal permit which would simultaneously be terminated.

    (7) Provisions specifying classes and categories of permit 
applications, draft permits, and proposed permits that the State will 
send to the Regional Administrator for review, comment and, where 
applicable, objection.
    (8) When appropriate, provisions for joint processing of permits by 
the State and EPA, for facilities or activities which require permits 
from both EPA and the State under different programs. See Sec. 124.4

    Note: To promote efficiency and to avoid duplication and 
inconsistency, States are encouraged to enter into joint processing 
agreements with EPA for permit issuance.

    (9) Provisions for the State Director to promptly forward to EPA 
copies of draft permits and permit applications for all major HWM 
facilities for review and comment. The Regional Administrator and the 
State Director may agree to limitations regarding review of and comment 
on draft permits and/or permit applications for non-major HWM 
facilities. The State Director shall supply EPA copies of final permits 
for all major HWM facilities.
    (10) Provisions for the State Director to review all permits issued 
under State law prior to the date of program approval and modify or 
revoke and reissue them to require compliance with the requirements of 
this subpart. The Regional Administrator and the State Director shall 
establish a time within which this review must take place.
    (11) Provisions for modification of the Memorandum of Agreement in 
accordance with this subpart.
    (c) The Memorandum of Agreement, the annual program grant and the 
State/EPA Agreement should be consistent. If the State/EPA Agreement 
indicates that a change is needed in the Memorandum of Agreement, the 
Memorandum of Agreement may be amended through the procedures set forth 
in this subpart. The State/EPA Agreement may not override the Memorandum 
of Agreement.

    Note: Detailed program priorities and specific arrangements for EPA 
support of the State program will change and are therefore more 
appropriately negotiated in the context of annual agreements rather than 
in the MOA. However, it may still be appropriate to specify in the MOA 
the basis for such detailed agreements, e.g., a provision in the MOA 
specifying that EPA will select facilities in the State for inspection 
annually as part of the State/EPA agreement.



Sec. 271.9  Requirements for identification and listing of hazardous wastes.

    (a) The State program must control all the hazardous wastes 
controlled under 40 CFR part 261 and must adopt a list of hazardous 
wastes and set of characteristics for identifying hazardous wastes 
equivalent to those under 40 CFR part 261.
    (b) The State is not required to have a delisting mechanism. A State 
may receive authorization for delisting if the State regulations for 
delisting decisions are equivalent to Sec. 260.20(b) and Sec. 260.22, 
and the State provides public notice and opportunity for comment before 
granting or denying delisting requests.

[51 FR 33721, Sept. 22, 1986]



Sec. 271.10  Requirements for generators of hazardous wastes.

    (a) The State program must cover all generators covered by 40 CFR 
part 262. States must require new generators to contact the State and 
obtain an EPA identification number before they perform any activity 
subject to regulation

[[Page 401]]

under the approved State hazardous waste program.
    (b) The State shall have authority to require and shall require all 
generators to comply with reporting and recordkeeping requirements 
equivalent to those under 40 CFR 262.40 and 262.41. States must require 
that generators keep these records at least 3 years. States that choose 
to receive electronic documents must include the requirements of 40 CFR 
Part 3--(Electronic reporting) in their Program (except that states that 
choose to receive electronic manifests and/or permit the use of 
electronic manifests must comply with any applicable requirements for e-
manifest in this section of this section).
    (c) The State program must require that generators who accumulate 
hazardous wastes for short periods of time comply with requirements that 
are equivalent to the requirements for accumulating hazardous wastes for 
short periods of time under 40 CFR 262.16 or 262.17.
    (d) The State program must require that generators comply with 
requirements that are equivalent to the requirements for the packaging, 
labeling, marking, and placarding of hazardous waste under 40 CFR 262.30 
to 262.33, and are consistent with relevant DOT regulations under 49 CFR 
parts 172, 173, 178 and 179.
    (e) The State program shall provide requirements respecting 
international shipments which are equivalent to those at 40 CFR part 262 
subpart H, other hazardous waste import and export regulations in 40 CFR 
parts 260, 262, 263, 264, 265, 266, 267 and 273, and exclusion 
conditions for export or import in 40 CFR part 261 to the extent that 
State has adopted such exclusion conditions, except that States shall 
not replace EPA or international references with State references.
    (f) The State must require that all generators of hazardous waste 
who transport (or offer for transport) such hazardous waste off-site:
    (1) Use a manifest system that ensures that interstate and 
intrastate shipments of hazardous waste are designated for delivery and, 
in the case of intrastate shipments, are delivered to facilities that 
are authorized to operate under an approved state program or the federal 
program. The manifest system must require the use of the paper or 
electronic manifest formats as required by Sec. 262.20(a) of this 
chapter. No other manifest form, electronic manifest format, shipping 
paper, or information other than that required by federal requirements, 
may be required by the state to travel with the shipment, or to be 
transmitted electronically, as a means to track the transportation and 
delivery of hazardous waste shipments. No other electronic signature 
other than that required by the federal electronic manifest requirements 
may be required by a state to be executed in connection with the signing 
of an electronic manifest.
    (2) Initiate the manifest and designate on the manifest the 
treatment, storage or disposal facility to which the waste is to be 
shipped.
    (3) Ensure that all wastes offered for transportation are 
accompanied by a manifest form, or are tracked with an electronic 
manifest, except:
    (i) Shipments subject to 40 CFR 262.20(e) or (f);
    (ii) Shipments by rail or water, as specified in 40 CFR 262.23(c) 
and (d).
    (4) Investigate instances where manifests have not been returned by 
the owner or operator of the designated facility and report such 
instances to the State in which the shipment originated.
    (g) In the case of interstate shipments for which the manifest has 
not been returned, the State program must provide for notification to 
the State in which the facility designated on the manifest is located 
and to the State in which the shipment may have been delivered (or to 
EPA in the case of unauthorized States).
    (h) The state must follow the federal manifest format for the paper 
manifest forms (EPA Forms 8700-22 and 8700-22A) and their instructions 
and must follow the federal electronic manifest format and instructions 
as obtained from the Electronic Manifest System described in Sec. 
260.10 of this chapter.
    (1) A state may require the entry of waste codes associated with 
particular wastes that are regulated as hazardous wastes by the state, 
if the state codes

[[Page 402]]

are not redundant with a federally required code for the same waste. No 
state, however, may impose enforcement sanctions on a transporter during 
transportation of the shipment for failure of the form to include a 
state-required waste code.
    (2) Either the State to which a shipment is manifested (consignment 
State) or the State in which the generator is located (generator State), 
or both, may require that copies of the manifest form be submitted to 
the State.
    (3) No State, however, may impose enforcement sanctions on a 
transporter during transportation of the shipment for failure of the 
form to include preprinted information or optional State information 
items.
    (i) Unless otherwise provided in part 271, the State program shall 
have standards for generators which are at least as stringent as any 
amendment to 40 CFR Part 262 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 49 
FR 10506, Mar. 20, 1984; 49 FR 11180, Mar. 26, 1984; 51 FR 28685, Aug. 
8, 1986; 51 FR 33722, Sept. 22, 1986; 56 FR 43705, Sept. 4, 1991; 70 FR 
10825, Mar. 4, 2005; 70 FR 59888, Oct. 13, 2005; 79 FR 7562, Feb. 7, 
2014; 81 FR 85729, Nov. 28, 2016; 81 FR 85828, Nov. 28, 2016; 83 FR 462, 
Jan. 3, 2018]



Sec. 271.11  Requirements for transporters of hazardous wastes.

    (a) The State program must cover all transporters covered by 40 CFR 
part 263. New transporters must be required to contact the State and 
obtain an EPA identification number from the State before they accept 
hazardous waste for transport.
    (b) The State shall have authority to require and shall require all 
transporters to comply with reporting and recordkeeping requirements 
equivalent to those under 40 CFR 263.22. States must require that 
transporters keep these records at least 3 years. States that choose to 
receive electronic documents must include the requirements of 40 CFR 
Part 3--(Electronic reporting) in their Program (except that states that 
choose to receive electronic manifests and/or permit the use of 
electronic manifests must comply with any applicable requirements for e-
manifest in this section of this section).
    (c)(1) The state must require the transporter to carry the manifest 
forms (EPA Forms 8700-22 and 8700-22A) during transport, or, where the 
electronic manifest is used and the U. S. Department of Transportation's 
Hazardous Materials Regulations, 49 CFR parts 171-180, require a paper 
shipping document on the transport vehicle, to carry one printed copy of 
the electronic manifest during transport, except in the case of 
shipments by rail or water, for which transporters may carry a shipping 
paper as specified in 40 CFR 263.20(e) and (f).
    (2) The State must require the transporter to deliver waste only to 
the facility designated on the manifest, which in the case of return 
shipments of rejected wastes or regulated container residues, may also 
include the original generator of the waste shipment.
    (3) The State program must provide requirements for shipments by 
rail or water equivalent to those under 40 CFR 263.20(e) and (f).
    (4) For exports of hazardous waste, the state must require the 
transporter to refuse to accept hazardous waste for export if the 
exporter has not provided: A manifest listing the consent numbers for 
the hazardous waste shipment; a movement document for shipments 
occurring under consents issued by EPA on or after December 31, 2016; 
and on or after the AES filing compliance date, the ITN number for the 
hazardous waste shipment. The state must further require the transporter 
to carry a movement document and manifest with the shipment, as 
required; to sign and date the International Shipments Block of the 
manifest to indicate the date the shipment leaves the U.S.; to carry 
paper documentation of consent (i.e., Acknowledgement of Consent, 
movement document) with the shipment and to give a copy of the manifest 
to the U.S. customs official at the point of departure if instructed by 
mail, email or fax by the exporter to do so; and to send a copy of the 
manifest, if in paper form, to the e-Manifest system using the allowable 
methods listed in 40 CFR 264.71(a)(2)(v).
    (d) For hazardous wastes that are discharged in transit, the State 
program must require that transporters notify

[[Page 403]]

appropriate State, local, and Federal agencies of such discharges, and 
clean up such wastes, or take action so that such wastes do not present 
a hazard to human health or the environment. These requirements shall be 
equivalent to those found at 40 CFR 263.30 and 263.31.
    (e) Unless otherwise provided in part 271, the State program shall 
have standards for transporters which are at least as stringent as any 
amendment to 40 CFR Part 263 which is promulgated after July 1, 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 28686, Aug. 8, 1986; 51 
FR 33722, Sept. 22, 1986; 70 FR 10825, Mar. 4, 2005; 70 FR 59888, Oct. 
13, 2005; 79 FR 7563, Feb. 7, 2014; 81 FR 85729, Nov. 28, 2016]



Sec. 271.12  Requirements for hazardous waste management facilities.

    The State shall have standards for hazardous waste management 
facilities which are equivalent to 40 CFR parts 264 and 266. These 
standards shall include:
    (a) Technical standards for tanks, containers, waste piles, 
incineration, chemical, physical and biological treatment facilities, 
surface impoundments, landfills, and land treatment facilities;
    (b) Financial responsibility during facility operation;
    (c) Preparedness for and prevention of discharges or releases of 
hazardous waste; contingency plans and emergency procedures to be 
followed in the event of a discharge or release of hazardous waste;
    (d) Closure and post-closure requirements including financial 
requirements to ensure that money will be available for closure and 
post-closure monitoring and maintenance;
    (e) Groundwater monitoring;
    (f) Security to prevent unauthorized access to the facility;
    (g) Facility personnel training;
    (h) Inspections, monitoring, recordkeeping, and reporting. States 
that choose to receive electronic documents must include the 
requirements of 40 CFR Part 3--(Electronic reporting) in their Program 
(except that states that choose to receive electronic manifests and/or 
permit the use of electronic manifests must comply with paragraph (i) of 
this section);
    (i) Compliance with the manifest system including the requirement 
that facility owners or operators return a signed copy of the manifest:
    (1) To the generator to certify delivery of the hazardous waste 
shipment or to identify discrepancies;
    (2) To the EPA's e-Manifest system, in lieu of submitting a signed 
facility copy directly to either the origination state or the 
destination state; and
    (3) After listing the relevant consent number from consent 
documentation supplied by EPA to the facility for each waste listed on 
the manifest, matched to the relevant list number for the waste from 
Item 9b, to EPA using the allowable methods listed in 40 CFR 
262.84(b)(1) until the facility can submit such a copy to the e-Manifest 
system per 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v).
    (j) Other requirements to the extent that they are included in 40 
CFR parts 264 and 266.
    (k) Requirements for owners or operators of facilities to pay user 
fees to EPA to recover EPA's costs related to the development and 
operation of an electronic hazardous waste manifest system, in the 
amounts specified by the user fee methodology included in subpart FF of 
40 CFR parts 264 and 265, for all paper and electronic manifests 
submitted to the e-Manifest system.

[48 FR 14248, Apr. 1, 1983, as amended at 70 FR 10825, Mar. 4, 2005; 70 
FR 59889, Oct. 13, 2005; 81 FR 85729, Nov. 28, 2016; 83 FR 462, Jan. 3, 
2018]



Sec. 271.13  Requirements with respect to permits and permit applications.

    (a) State law must require permits for owners and operators of all 
hazardous waste management facilities required to obtain a permit under 
40 CFR part 270 and prohibit the operation of any hazardous waste 
management facility without such a permit, except that States may, if 
adequate legal authority exists, authorize owners and operators of any 
facility which would qualify for interim status under the Federal 
program to remain in operation until a final decision is made on the 
permit application, or until interim status terminates pursuant to 40

[[Page 404]]

CFR 270.73 (b) through (f). When State law authorizes such continued 
operation it shall require compliance by owners and operators of such 
facilities with standards at least as stringent as EPA's interim status 
standards at 40 CFR part 265.
    (b) The State must require all new HWM facilities to contact the 
State and obtain an EPA identification number before commencing 
treatment, storage, or disposal of hazardous waste.
    (c) All permits issued by the State shall require compliance with 
the standards adopted by the State under Sec. 271.12.
    (d) All permits issued under State law prior to the date of approval 
of final authorization shall be reviewed by the State Director and 
modified or revoked and reissued to require compliance with the 
requirements of this part.

[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 33722, Sept. 22, 1986]



Sec. 271.14  Requirements for permitting.

    All State programs under this subpart must have legal authority to 
implement each of the following provisions and must be administered in 
conformance with each; except that States are not precluded from 
omitting or modifying any provisions to impose more stringent 
requirements:
    (a) Section 270.1(c)(1)--(Specific inclusions);
    (b) Section 270.4--(Effect of permit);
    (c) Section 270.5--(Noncompliance reporting);
    (d) Section 270.10--(Application for a permit);
    (e) Section 270.11--(Signatories);
    (f) Section 270.12--(Confidential information);
    (g) Section 270.13--(Contents of part A);
    (h) Sections 270.14 through 270.29--(Contents of part B);

    Note: States need not use a two part permit application process. The 
State application process must, however, require information in 
sufficient detail to satisfy the requirements of Sec. Sec. 270.13 
through 270.29.

    (i) Section 270.30--(Applicable permit conditions);
    (j) Section 270.31--(Monitoring requirements);
    (k) Section 270.32--(Establishing permit conditions);
    (l) Section 270.33--(Schedule of compliance);
    (m) Section 270.40--(Permit transfer);
    (n) Section 270.41--(Permit modification);
    (o) Section 270.43--(Permit termination);
    (p) Section 270.50--(Duration);
    (q) Section 270.60--(Permit by rule);
    (r) Section 270.61--(Emergency permits);
    (s) Section 270.64--(Interim permits for UIC wells);
    (t) Section 124.3(a)--(Application for a permit);
    (u) Section 124.5 (a), (c), (d)--(Modification of permits);
    (v) Section 124.6 (a), (d), and (e)--(Draft permit);
    (w) Section 124.8--(Fact sheets);
    (x) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), 
(d), and (e)--(Public notice);
    (y) Section 124.11--(Public comments and requests for hearings);
    (z) Section 124.12(a)--(Public hearings); and
    (aa) Section 124.17 (a) and (c)--(Response to comments).

    Note: States need not implement provisions identical to the above 
listed provisions. Implemented provisions must, however, establish 
requirements at least as stringent as the corresponding listed 
provisions. While States may impose more stringent requirements, they 
may not make one requirement more lenient as a tradeoff for making 
another requirement more stringent; for example, by requiring that 
public hearings be held prior to issuing any permit while reducing the 
amount of advance notice of such a hearing.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983]



Sec. 271.15  Requirements for compliance evaluation programs.

    (a) State programs shall have procedures for receipt, evaluation, 
retention and investigation for possible enforcement of all notices and 
reports required of permittees and other regulated persons (and for 
investigation for possible enforcement of failure to submit these 
notices and reports).
    (b) State programs shall have inspection and surveillance procedures 
to determine, independent of information

[[Page 405]]

supplied by regulated persons, compliance or noncompliance with 
applicable program requirements. The State shall maintain:
    (1) A program which is capable of making comprehensive surveys of 
all facilities and activities subject to the State Director's authority 
to identify persons subject to regulation who have failed to comply with 
permit application or other program requirements. Any compilation, 
index, or inventory of such facilities and activities shall be made 
available to the Regional Administrator upon request;
    (2) A program for periodic inspections of the facilities and 
activities subject to regulation. These inspections shall be conducted 
in a manner designed to:
    (i) Determine compliance or noncompliance with issued permit 
conditions and other program requirements;
    (ii) Verify the accuracy of information submitted by permittees and 
other regulated persons in reporting forms and other forms supplying 
monitoring data; and
    (iii) Verify the adequacy of sampling, monitoring, and other methods 
used by permittees and other regulated persons to develop that 
information;
    (3) A program for investigating information obtained regarding 
violations of applicable program and permit requirements; and
    (4) Procedures for receiving and ensuring proper consideration of 
information submitted by the public about violations. Public effort in 
reporting violations shall be encouraged, and the State Director shall 
make available information on reporting procedures.
    (c) The State Director and State officers engaged in compliance 
evaluation shall have authority to enter any site or premises subject to 
regulation or in which records relevant to program operation are kept in 
order to copy any records, inspect, monitor or otherwise investigate 
compliance with the State program including compliance with permit 
conditions and other program requirements. States whose law requires a 
search warrant before entry conform with this requirement.
    (d) Investigatory inspections shall be conducted, samples shall be 
taken and other information shall be gathered in a manner (e.g., using 
proper ``chain of custody'' procedures) that will produce evidence 
admissible in an enforcement proceeding or in court.



Sec. 271.16  Requirements for enforcement authority.

    (a) Any State agency administering a program shall have available 
the following remedies for violations of State program requirements:
    (1) To restrain immediately and effectively any person by order or 
by suit in State court from engaging in any unauthorized activity which 
is endangering or causing damage to public health or the environment.

    Note: This paragraph requires that States have a mechanism (e.g., an 
administrative cease and desist order or the ability to seek a temporary 
restraining order) to stop any unauthorized activity endangering public 
health or the environment.

    (2) To sue in courts of competent jurisdiction to enjoin any 
threatened or continuing violation of any program requirement, including 
permit conditions, without the necessity of a prior revocation of the 
permit;
    (3) To access or sue to recover in court civil penalties and to seek 
criminal remedies, including fines, as follows:
    (i) Civil penalties shall be recoverable for any program violation 
in at least the amount of $10,000 per day.
    (ii) Criminal remedies shall be obtainable against any person who 
knowingly transports any hazardous waste to an unpermitted facility; who 
treats, stores, or disposes of hazardous waste without a permit; who 
knowingly transports, treats, stores, disposes, recycles, causes to be 
transported, or otherwise handles any used oil regulated by EPA under 
section 3014 of RCRA that is not listed or identified as a hazardous 
waste under the state's hazardous waste program in violation of 
standards or regulations for management of such used oil; or who makes 
any false statement, or representation in any application, label, 
manifest, record, report, permit or other document filed, maintained, or 
used for purposes of program compliance (including compliance with any 
standards or regulations for used oil regulated by EPA under section 
3014 of RCRA that is not listed or identified as hazardous waste).

[[Page 406]]

Criminal fines shall be recoverable in at least the amount of $10,000 
per day for each violation, and imprisonment for at least six months 
shall be available.
    (b)(1) The maximum civil penalty or criminal fines (as provided in 
paragraph (a)(3) of this section) shall be assessable for each instance 
of violation and, if the violation is continuous, shall be assessable up 
to the maximum amount for each day of violation.
    (2) The burden of proof and degree of knowledge or intent required 
under State law for establishing violations under paragraph (a)(3) of 
this section, shall be no greater than the burden of proof or degree of 
knowledge or intent EPA must provide when it brings an action under the 
Act.

    Note: For example, this requirement is not met if State law includes 
mental state as an element of proof for civil violations.

    (c) A civil penalty assessed, sought, or agreed upon by the State 
Director under paragraph (a)(3) of this section shall be appropriate to 
the violation.

    Note: To the extent the State judgments or settlements provide 
penalties in amounts which EPA believes to be substantially inadequate 
in comparison to the amounts which EPA would require under similar 
facts, EPA, when authorized by the applicable statute, may commence 
separate actions for penalties.
    In addition to the requirements of this paragraph, the State may 
have other enforcement remedies. The following enforcement options, 
while not mandatory, are highly recommended:
    Procedures for assessment by the State of the costs of 
investigations, inspections, or monitoring surveys which lead to the 
establishment of violations;
    Procedures which enable the State to assess or to sue any persons 
responsible for unauthorized activities for any expenses incurred by the 
State in removing, correcting, or terminating any adverse effects upon 
human health and the environment resulting from the unauthorized 
activity, whether or not accidental;
    Procedures which enable the State to sue for compensation for any 
loss or destruction of wildlife, fish or aquatic life, or their habitat, 
and for any other damages caused by unauthorized activity, either to the 
State or to any residents of the State who are directly aggrieved by the 
unauthorized activity, or both; and
    Procedures for the administrative assessment of penalties by the 
Director.

    (d) Any State administering a program under this subpart shall 
provide for public participation in the State enforcement process by 
providing either:
    (1) Authority which allows intervention as of right in any civil 
action to obtain the remedies specified in paragraph (a) (2) or (3) of 
this section by any citizen having an interest which is or may be 
adversely affected; or
    (2)(i) Assurance by the appropriate State agency that it will 
investigate and provide written responses to all citizen complaints 
submitted pursuant to the procedures specified in Sec. 271.15(b)(4);
    (ii) Assurance by the appropriate State enforcement authority that 
it will not oppose intervention by any citizen when permissive 
intervention is authorized by statute, rule, or regulation; and
    (iii) Assurance by the appropriate State enforcement authority that 
it will publish notice of and provide at least 30 days for public 
comment on all proposed settlements of civil enforcement actions, except 
in cases where a settlement requires some immediate action (e.g., 
cleanup) which if otherwise delayed could result in substantial damage 
to either public health or the environment.
    (e) Any State authority used to issue an enforceable document either 
in lieu of a post-closure permit as provided in 40 CFR 270.1(c)(7), or 
as a source of alternative requirements for regulated units, as provided 
under 40 CFR 264.90(f), 264.110(c), 264.140(d), 265.90(d), 265.110(d), 
and 265.140(d), shall have available the following remedies:
    (1) Authority to sue in courts of competent jurisdiction to enjoin 
any threatened or continuing violation of the requirements of such 
documents, as well as authority to compel compliance with requirements 
for corrective action or other emergency response measures deemed 
necessary to protect human health and the environment; and
    (2) Authority to access or sue to recover in court civil penalties, 
including

[[Page 407]]

fines, for violations of requirements in such documents.

(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 
Conservation and Recovery Act (42 U.S.C. 6901 et seq.); secs. 1006, 
2002(a), 3006 and 7004 of the Solid Waste Disposal Act, as amended by 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
(42 U.S.C. 6905, 6912(a), 6926 and 6974))

[48 FR 14248, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 49 
FR 7372, Feb. 29, 1984; 58 FR 26424, May 3, 1993; 59 FR 10559, Mar. 4, 
1994; 63 FR 56735, Oct. 22, 1998]



Sec. 271.17  Sharing of information.

    (a) Any information obtained or used in the administration of a 
State program shall be available to EPA upon request without 
restriction. If the information has been submitted to the State under a 
claim of confidentiality, the State must submit that claim to EPA when 
providing information under this subpart. Any information obtained from 
a State and subject to a claim of confidentiality will be treated in 
accordance with the regulations in 40 CFR part 2. If EPA obtains from a 
State information that is not claimed to be confidential, EPA may make 
that information available to the public without further notice.
    (b) EPA shall furnish to States with approved programs the 
information in its files not submitted under a claim of confidentiality 
which the State needs to implement its approved program. EPA shall 
furnish to States with approved programs information submitted to EPA 
under a claim of confidentiality, which the State needs to implement its 
approved program, subject to the conditions in 40 CFR part 2.
    (c)(1) The State program must provide for the public availability of 
information obtained by the State regarding facilities and sites for the 
treatment, storage, and disposal of hazardous waste. Such information 
must be made available to the public in substantially the same manner, 
and to the same degree, as would be the case if the Administrator was 
carrying out the provisions of Subtitle C of RCRA in the State.
    (2) A State must revise its program to comply with this section in 
accordance with Sec. 271.21(e)(2)(ii). Interim authorization under 
Sec. 271.24 is not available to demonstrate compliance with this 
section.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 51 
FR 33722, Sept. 22, 1986]



Sec. 271.18  Coordination with other programs.

    (a) Issuance of State permits under this subpart may be coordinated, 
as provided in part 124, with issuance of UIC, NPDES, and 404 permits 
whether they are controlled by the State, EPA, or the Corps of 
Engineers. See Sec. 124.4.
    (b) The State Director of any approved program which may affect the 
planning for and development of hazardous waste management facilities 
and practices shall consult and coordinate with agencies designated 
under section 4006(b) of RCRA (40 CFR part 255) as responsible for the 
development and implementation of State solid waste management plans 
under section 4002(b) of RCRA (40 CFR part 256).



Sec. 271.19  EPA review of State permits.

    (a) The Regional Administrator may comment on permit applications 
and draft permits as provided in the Memorandum of Agreement under Sec. 
271.8.
    (b) Where EPA indicates, in a comment, that issuance of the permit 
would be inconsistent with the approved State program, EPA shall include 
in the comment:
    (1) A statement of the reasons for the comment (including the 
section of RCRA or regulations promulgated thereunder that support the 
comment); and
    (2) The actions that should be taken by the State Director in order 
to address the comments (including the conditions which the permit would 
include if it were issued by the Regional Administrator).
    (c) A copy of any comment shall be sent to the permit applicant by 
the Regional Administrator.
    (d) The Regional Administrator shall withdraw such a comment when 
satisfied that the State has met or refuted his or her concerns.
    (e) Under section 3008(a)(3) of RCRA, EPA may terminate a State-
issued permit or bring an enforcement action in accordance with the 
procedures of 40

[[Page 408]]

CFR part 22 in the case of a violation of a State program requirement. 
In exercising these authorities, EPA will observe the following 
conditions:
    (1) The Regional Administrator may take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit at any time 
on the ground that the permittee is not complying with a condition of 
that permit.
    (2) The Regional Administrator may take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit at any time 
on the ground that the permittee is not complying with a condition that 
the Regional Administrator in commenting on the permit application or 
draft permit stated was necessary to implement approved State program 
requirements, whether or not that condition was included in the final 
permit.
    (3) The Regional Administrator may not take action under section 
3008(a)(3) of RCRA against a holder of a State-issued permit on the 
ground that the permittee is not complying with a condition necessary to 
implement approved State program requirements unless the Regional 
Administrator stated in commenting on the permit application or draft 
permit that the condition was necessary.
    (4) The Regional Administrator may take action under section 7003 of 
RCRA against a permit holder at any time whether or not the permit 
holder is complying with permit conditions.
    (f) Notwithstanding the above provisions, EPA shall issue permits, 
or portions of permits, to facilities in authorized States as necessary 
to implement the Hazardous and Solid Waste Amendments of 1984.

[48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 65 
FR 30913, May 15, 2000]



Sec. 271.20  Approval process.

    (a) Prior to submitting an application to EPA for approval of a 
State program, the State shall issue public notice of its intent to seek 
program approval from EPA. This public notice shall:
    (1) Be circulated in a manner calculated to attract the attention of 
interested persons including:
    (i) Publication in enough of the largest newspapers in the State to 
attract statewide attention; and
    (ii) Mailing to persons on the State agency mailing list and to any 
other persons whom the agency has reason to believe are interested;
    (2) Indicate when and where the State's proposed submission may be 
reviewed by the public;
    (3) Indicate the cost of obtaining a copy of the submission;
    (4) Provide for a comment period of not less than 30 days during 
which time interested members of the public may express their views on 
the proposed program;
    (5) Provide that a public hearing will be held by the State or EPA 
if sufficient public interest is shown or, alternatively, schedule such 
a public hearing. Any public hearing to be held by the State on its 
application for authorization shall be scheduled no earlier than 30 days 
after the notice of hearing is published;
    (6) Briefly outline the fundamental aspects of the State program; 
and
    (7) Identify a person that an interested member of the public may 
contact with any questions.
    (b) If the proposed State program is substantially modified after 
the public comment period provided in paragraph (a)(4) of this section, 
the State shall, prior to submitting its program to the Administrator, 
provide an opportunity for further public comment in accordance with the 
procedures of paragraph (a) of this section. Provided, that the 
opportunity for further public comment may be limited to those portions 
of the State's application which have been changed since the prior 
public notice.
    (c) After complying with the requirements of paragraphs (a) and (b) 
of this section, the State may submit, in accordance with Sec. 271.5, a 
proposed program to EPA for approval. Such formal submission may only be 
made after the date of promulgation of the last component of Phase II. 
The program submission shall include copies of all written comments 
received by the State, a transcript, recording, or summary of any public 
hearing which was held by

[[Page 409]]

the State, and a responsiveness summary which identifies the public 
participation activities conducted, describes the matters presented to 
the public, summarizes significant comments received and responds to 
these comments.
    (d) Within 90 days from the date of receipt of a complete program 
submission for final authorization, the Administrator shall make a 
tentative determination as to whether or not he expects to grant 
authorization to the State program. If the Administrator indicates that 
he may not approve the State program he shall include a general 
statement of his areas of concern. The Administrator shall give notice 
of this tentative determination in the Federal Register and in 
accordance with paragraph (a)(1) of this section. Notice of the 
tentative determination of authorization shall also:
    (1) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the tentative determination of 
authorization. The notice may require persons wishing to present 
testimony to file a request with the Regional Administrator, who may 
cancel the public hearing if sufficient public interest in a hearing is 
not expressed.
    (2) Afford the public 30 days after the notice to comment on the 
State's submission and the tentative determination; and
    (3) Note the availability of the State submission for inspection and 
copying by the public.
    (e) Within 90 days of the notice given pursuant to paragraph (d) of 
this section, the Administrator shall make a final determination whether 
or not to approve the State's program, taking into account any comments 
submitted. The Administrator shall give notice of this final 
determination in the Federal Register and in accordance with paragraph 
(a)(1) of this section. The notification shall include a concise 
statement of the reasons for this determination, and a response to 
significant comments received.

[48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 60 
FR 33914, June 29, 1994]



Sec. 271.21  Procedures for revision of State programs.

    (a) Either EPA or the approved State may initiate program revision. 
Program revision may be necessary when the controlling Federal or State 
statutory or regulatory authority is modified or supplemented. The State 
shall keep EPA fully informed of any proposed modifications to its basic 
statutory or regulatory authority, its forms, procedures, or priorities.
    (b) Revision of a State program shall be accomplished as follows:
    (1) The State shall submit a modified program description, Attorney 
General's statement, Memorandum of Agreement, or such other documents as 
EPA determines to be necessary under the circumstances.
    (2) The Administrator shall approve or disapprove program revisions 
based on the requirements of this part and of the Act. In approving or 
disapproving program revisions, the Administrator shall follow the 
procedures of paragraph (b)(3) or (4) of this section.
    (3) The procedures for an immediate final publication of the 
Administrator's decision are as follows:
    (i) The Administrator shall issue public notice of his approval or 
disapproval of a State program revision:
    (A) In the Federal Register;
    (B) In enough of the largest newspapers in the State to attract 
Statewide attention; and
    (C) By mailing to persons on the State agency mailing list and to 
any other persons whom the agency has reason to believe are interested.
    (ii) The public notice shall summarize the State program revision, 
indicate whether EPA intends to approve or disapprove the revision and 
provide for an opportunity to comment for a period of 30 days.
    (iii) Approval or disapproval of a State program revision shall 
become effective 60 days after the date of publication in the Federal 
Register in accordance with paragraph (b)(3)(i) of this section, unless 
an adverse comment pertaining to the State revision discussed in the 
notice is received by the end of the comment period. If an adverse 
comment is received the Administrator shall so notify the State and 
shall, within 60 days after the date

[[Page 410]]

of publication, publish in the Federal Register either:
    (A) A withdrawal of the immediate final decision; or
    (B) A notice containing a response to comments and which either 
affirms that the immediate final decision takes effect or reverses the 
decision.
    (4) The procedures for proposed and final publication of the 
Administrator's decision are as follows:
    (i) The Administrator shall issue public notice of his proposed 
approval or disapproval of a State program revision:
    (A) In the Federal Register;
    (B) In enough of the largest newspapers in the State to attract 
Statewide attention; and
    (C) By mailing to persons on the State agency mailing list and to 
any other persons whom the agency has reason to believe are interested.
    (ii) The public notice shall summarize the State program revision, 
indicate whether EPA intends to approve or disapprove the revision and 
provide for an opportunity to comment for a period of at least 30 days.
    (iii) A State program revision shall become effective when the 
Administrator's final approval is published in the Federal Register.
    (c) States with approved programs shall notify EPA whenever they 
propose to transfer all or part of any program from the approved State 
agency to any other State agency, and shall identify any new division of 
responsibilities among the agencies involved. The new agency is not 
authorized to administer the program until approved by the Administrator 
under paragraph (b) of this section. Organizational charts required 
under Sec. 271.6(b) shall be revised and resubmitted.
    (d) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to a State program, he may 
request, and the State shall provide, a supplemental Attorney General's 
statement, program description, or such other documents or information 
as are necessary.
    (e)(1) As the Federal program changes, authorized State programs 
must be revised to remain in compliance with this subpart.
    (2) Federal program changes are defined for purposes of this section 
as promulgated amendments to 40 CFR parts 124, 270, 260-266, or 268 and 
any self-implementing statutory provisions (i.e., those taking effect 
without prior implementing regulations) which are listed as State 
program requirements in this subpart. States must modify their programs 
to reflect Federal program changes and must subsequently submit the 
modifications to EPA for approval.
    (i) For Federal program changes occurring before July 1, 1984, the 
State program must be modified within one year of the date of the 
Federal program change.
    (ii) Except as provided in paragraphs (e) (iii) and (iv) of this 
section, for Federal program changes occurring on or after July 1, 1984, 
the State program must be modified by July 1 of each year to reflect all 
changes to the Federal program occurring during the 12 months preceding 
the previous July 1. (For example, States must modify their programs by 
July 1, 1986 to reflect all changes from July 1, 1984 to June 30, 1985.)
    (iii) For Federal program changes identified in Sec. 271.1(j) that 
occur between November 8, 1984 and June 30, 1987 (inclusive), the State 
program must be modified by July 1, 1989.
    (iv) For Federal program changes identified in Sec. 271.1(j) that 
occur between July 1, 1987 and June 30, 1990 (inclusive), the State 
program must be modified by July 1, 1991.
    (v) States may have an additional year to modify their programs for 
those changes to the Federal program identified in paragraphs (e) (i), 
(ii), (iii), and (iv) of this section which necessitate a State 
statutory amendment.
    (3) The deadlines in paragraphs (e)(2)(i) through (v) may be 
extended by the Regional Administrator upon an adequate demonstration by 
a State that it has made a good faith effort to meet these deadlines and 
that its legislative or rulemaking procedures render the State unable to 
do so. No such extension shall exceed six months.
    (4)(i) Within 30 days of the completion of the State program 
modification the State must submit to EPA a copy

[[Page 411]]

of the program change and a schedule indicating when the State intends 
to seek approval of the change. Such schedule shall not exceed the dates 
provided for in paragraph (e)(4)(ii).
    (ii) Within 60 days of the appropriate deadline in paragraphs (e), 
(f), and (g) of this section, the State must submit to EPA the 
documentation described in paragraph (b) of this section to revise its 
program.
    (f) A State must modify its program to comply with any Federal 
program changes which occur prior to the day that final authorization is 
received, except for those changes that the State has already received 
authorization for pursuant to Sec. 271.3(f). Such State program 
modifications must be completed and submitted by the deadlines specified 
in paragraph (e) of this section or by the date of final authorization, 
whichever is later.
    (g)(1) States that are unable to modify their programs by the 
deadlines in paragraph (e) may be placed on a schedule of compliance to 
adopt the program revision(s) provided that:
    (i) The State has received an extension of the program modification 
deadline under paragraph (e)(3) and has made diligent efforts to revise 
its program during that period of time,
    (ii) The State has made progress in adopting the program 
modifications,
    (iii) The State submits a proposed timetable for the requisite 
regulatory and/or statutory revisions by the deadline granted under 
paragraph (e)(3),
    (iv) The schedule of compliance for program revisions does not 
exceed one year from the extended program modification deadline under 
paragraph (e)(3), and
    (v) The schedule of compliance is published in the Federal Register.
    (2) If a State fails to comply with the schedule of compliance, the 
Administrator may initiate program withdrawal procedures pursuant to 
Sec. Sec. 271.22 and 271.23.
    (h) Abbreviated authorization revisions. This abbreviated procedure 
applies to State Program revisions for the Federal rulemakings listed in 
Table 1 of this section. The abbreviated procedures are as follows:
    (1) An application for a revision of a State's program for the 
rulemakings listed in Table 1 of this section shall consist of:
    (i) A statement from the State that its laws and regulations provide 
authority that is equivalent to, and no less stringent than, the 
designated minor rules or parts of rules specified in Table 1 of this 
section, and which includes references to the specific statutes, 
administrative regulations and where appropriate, judicial decisions. 
State statutes and regulations cited in the statement shall be lawfully 
adopted at the time the statement is signed and fully effective by the 
time the program revisions are approved; and
    (ii) Copies of all applicable State statutes and regulations.
    (2) Within 30 days of receipt by EPA of a State's application for 
final authorization to implement a rule specified in Table 1 of this 
section, if the Administrator determines that the application is not 
complete or contains errors, the Administrator shall notify the State. 
This notice will include a concise statement of the deficiencies which 
form the basis for this determination. The State will address all 
deficiencies and resubmit the application to EPA for review.
    (3) For purposes of this section an application is considered 
incomplete when:
    (i) Copies of applicable statutes or regulations were not included;
    (ii) The statutes or regulations relied on by the State to implement 
the program revisions are not lawfully adopted at the time the statement 
is signed or fully effective by the time the program revisions are 
approved;
    (iii) In the statement, the citations to the specific statutes, 
administrative regulations and where appropriate, judicial decisions are 
not included or incomplete; or
    (iv) The State is not authorized to implement the prerequisite RCRA 
rules as specified in paragraph (h)(5) of this section.
    (4) Within 60 days after receipt of a complete final application 
from a State for final authorization to implement a rule or rules 
specified in Table 1 of this section, the Administrator shall publish a 
notice of the decision to grant final authorization in accordance with 
the procedures for immediate final

[[Page 412]]

publication in paragraph (b)(3) of this section.
    (5) To be eligible to use the procedure in this paragraph (h), a 
State must be authorized for the provisions which the rule listed in 
Table 1 to this section amends.

                        Table 1 to Sec. 271.21
------------------------------------------------------------------------
                                                       Federal Register
       Title of regulation         Promulgation date       reference
------------------------------------------------------------------------
Land Disposal Restrictions Phase  Sept. 19, 1994....  59 FR 47982
 II--the Universal Treatment
 Standards in Sec. Sec.
 268.40 and 268.48 of this
 chapter only.
Office of Resource Conservation   July 14, 2005.....  70 FR 34538, June
 and Recovery Testing and                              14, 2005
 Monitoring Activities, Methods
 Innovation Rule.
Process Vent and Equipment Leak   July 14, 2005.....  70 FR 34538, June
 Organic Air Emission Standards                        14, 2005
 for Owners and Operators of
 Hazardous Waste Treatment,
 Storage, and Disposal
 Facilities.
Burning of hazardous waste in     July 14, 2005.....  70 FR 34538, June
 boilers and industrial furnaces.                      14, 2005
Air Emissions Standards for       July 14, 2005.....  70 FR 34538, June
 Tanks, Surface Impoundments,                          14, 2005
 and Containers.
------------------------------------------------------------------------


[48 FR 14248, Apr. 1, 1983, as amended at 51 FR 7542, Mar. 4, 1986; 51 
FR 33722, Sept. 22, 1986; 63 FR 65947, Nov. 30, 1998; 70 FR 34591, June 
14, 2005; 71 FR 40280, July 14, 2006; 74 FR 30231, June 25, 2009]



Sec. 271.22  Criteria for withdrawing approval of State programs.

    (a) The Administrator may withdraw program approval when a State 
program no longer complies with the requirements of this subpart, and 
the State fails to take corrective action. Such circumstances include 
the following:
    (1) When the State's legal authority no longer meets the 
requirements of this part, including:
    (i) Failure of the State to promulgate or enact new authorities when 
necessary; or
    (ii) Action by a State legislature or court striking down or 
limiting State authorities.
    (2) When the operation of the State program fails to comply with the 
requirements of this part, including:
    (i) Failure to exercise control over activities required to be 
regulated under this part, including failure to issue permits;
    (ii) Repeated issuance of permits which do not conform to the 
requirements of this part; or
    (iii) Failure to comply with the public participation requirements 
of this part.
    (3) When the State's enforcement program fails to comply with the 
requirements of this part, including:
    (i) Failure to act on violations of permits or other program 
requirements;
    (ii) Failure to seek adequate enforcement penalties or to collect 
administrative fines when imposed; or
    (iii) Failure to inspect and monitor activities subject to 
regulation.
    (4) When the State program fails to comply with the terms of the 
Memorandum of Agreement required under Sec. 271.8.



Sec. 271.23  Procedures for withdrawing approval of State programs.

    (a) A State with a program approved under this part may voluntarily 
transfer program responsibilities required by Federal law to EPA by 
taking the following actions, or in such other manner as may be agreed 
upon with the Administrator.
    (1) The State shall give the Administrator 180 days notice of the 
proposed transfer and shall submit a plan for the orderly transfer of 
all relevant program information not in the possession of EPA (such as 
permits, permit files, compliance files, reports, permit applications) 
which are necessary for EPA to administer the program.

[[Page 413]]

    (2) Within 60 days of receiving the notice and transfer plan, the 
Administrator shall evaluate the State's transfer plan and shall 
identify any additional information needed by the Federal government for 
program administration and/or identify any other deficiencies in the 
plan.
    (3) At least 30 days before the transfer is to occur the 
Administrator shall publish notice of the transfer in the Federal 
Register and in enough of the largest newspapers in the State to provide 
Statewide coverage, and shall mail notice to all permit holders, permit 
applicants, other regulated persons and other interested persons on 
appropriate EPA and State mailing lists.
    (b) The following procedures apply when the Administrator orders the 
commencement of proceedings to determine whether to withdraw approval of 
a State program.
    (1) Order. The Administrator may order the commencement of 
withdrawal proceedings on his or her own initiative or in response to a 
petition from an interested person alleging failure of the State to 
comply with the requirements of this part as set forth in Sec. 271.22. 
The Administrator shall respond in writing to any petition to commence 
withdrawal proceedings. He may conduct an informal investigation of the 
allegations in the petition to determine whether cause exists to 
commence proceedings under this paragraph. The Administrator's order 
commencing proceedings under this paragraph shall fix a time and place 
for the commencement of the hearing and shall specify the allegations 
against the State which are to be considered at the hearing. Within 30 
days the State shall admit or deny these allegations in a written 
answer. The party seeking withdrawal of the State's program shall have 
the burden of coming forward with the evidence in a hearing under this 
paragraph.
    (2) Definitions. For purposes of this paragraph the definitions of 
Act, Administrative Law Judge, Hearing, Hearing Clerk, and Presiding 
Officer in 40 CFR 22.03 apply in addition to the following:
    (i) Party means the petitioner, the State, the Agency and any other 
person whose request to participate as a party is granted.
    (ii) Person means the Agency, the State and any individual or 
organization having an interest in the subject matter of the proceeding.
    (iii) Petitioner means any person whose petition for commencement of 
withdrawal proceedings has been granted by the Administrator.
    (3) Procedures. The following provisions of 40 CFR part 22 
(Consolidated Rules of Practice) are applicable to proceedings under 
this paragraph:
    (i) Section 22.02--(use of number/gender);
    (ii) Section 22.04(c)--(authorities of Presiding Officer);
    (iii) Section 22.06--(filing/service of rulings and orders);
    (iv) Section 22.07 (a) and (b)--except that, the time for 
commencement of the hearing shall not be extended beyond the date set in 
the Administrator's order without approval of the Administrator 
(computation/extension of time);
    (v) Section 22.08--however, substitute ``order commencing 
proceedings'' for ``complaint''--(Ex Parte contacts);
    (vi) Section 22.09--(examination of filed documents);
    (vii) Section 22.11 (a), (c) and (d), however, motions to intervene 
must be filed 15 days from the date the notice of the Administrator's 
order is first published--(intervention);
    (viii) Section 22.16 except that, service shall be in accordance 
with paragraph (b)(4) of this section, the first sentence in Sec. 
22.16(c) shall be deleted, and, the word ``recommended'' shall be 
substituted for the word ``initial'' in Sec. 22.16(c)--(motions);
    (ix) Section 22.19 (a), (b) and (c)--(prehearing conference);
    (x) Section 22.22--(evidence);
    (xi) Section 22.23--(objections/offers of proof);
    (xii) Section 22.25--(filing the transcript); and
    (xiii) Section 22.26--(findings/conclusions).
    (4) Record of proceedings. (i) The hearing shall be either 
stenographically reported verbatim or tape recorded, and thereupon 
transcribed by an official reporter designated by the Presiding Officer;

[[Page 414]]

    (ii) All orders issued by the Presiding Officer, transcripts of 
testimony, written statements of position, stipulations, exhibits, 
motions, briefs, and other written material of any kind submitted in the 
hearing shall be a part of the record and shall be available for 
inspection or copying in the Office of the Hearing Clerk, 1200 
Pennsylvania Ave., NW., Washington, DC 20460;
    (iii) Upon notice to all parties the Presiding Officer may authorize 
corrections to the transcript which involve matters of substance;
    (iv) An original and two (2) copies of all written submissions to 
the hearing shall be filed with the Hearing Clerk;
    (v) A copy of each such submission shall be served by the person 
making the submission upon the Presiding Officer and each party of 
record. Service under this paragraph shall take place by mail or 
personal delivery;
    (vi) Every submission shall be accompanied by an acknowledgement of 
service by the person served or proof of service in the form of a 
statement of the date, time, and manner of service and the names of the 
persons served, certified by the person who made service; and
    (vii) The Hearing Clerk shall maintain and furnish to any person 
upon request, a list containing the name, service address, and telephone 
number of all parties and their attorneys or duly authorized 
representatives.
    (5) Participation by a person not a party. A person who is not a 
party may, at the discretion of the Presiding Officer, be permitted to 
make a limited appearance by making an oral or written statement of his/
her position on the issues within such limits and on such conditions as 
may be fixed by the Presiding Officer, but he/she may not otherwise 
participate in the proceeding.
    (6) Rights of parties. All parties to the proceeding may;
    (i) Appear by counsel or other representative in all hearing and 
pre-hearing proceedings;
    (ii) Agree to stipulations of facts which shall be made a part of 
the record.
    (7) Recommended decision. (i) Within 30 days after the filing of 
proposed findings and conclusions, and reply briefs, the Presiding 
Officer shall evaluate the record before him/her, the proposed findings 
and conclusions and any briefs filed by the parties and shall prepare a 
recommended decision, and shall certify the entire record, including the 
recommended decision, to the Administrator.
    (ii) Copies of the recommended decision shall be served upon all 
parties.
    (iii) Within 20 days after the certification and filing of the 
record and recommended decision, all parties may file with the 
Administrator exceptions to the recommended decision and a supporting 
brief.
    (8) Decision by Administrator. (i) Within 60 days after the 
certification of the record and filing of the Presiding Officer's 
recommended decision, the Administrator shall review the record before 
him and issue his own decision.
    (ii) If the Administrator concludes that the State has administered 
the program in conformity with the Act and regulations his decision 
shall constitute ``final agency action'' within the meaning of 5 U.S.C. 
704.
    (iii) If the Administrator concludes that the State has not 
administered the program in conformity with the Act and regulations he 
shall list the deficiencies in the program and provide the State a 
reasonable time, not to exceed 90 days, to take such appropriate 
corrective action as the Administrator determines necessary.
    (iv) Within the time prescribed by the Administrator the State shall 
take such appropriate corrective action as required by the Administrator 
and shall file with the Administrator and all parties a statement 
certified by the State Director that appropriate corrective action has 
been taken.
    (v) The Administrator may require a further showing in addition to 
the certified statement that corrective action has been taken.
    (vi) If the State fails to take appropriate corrective action and 
file a certified statement thereof within the time prescribed by the 
Administrator, the Administrator shall issue a supplementary order 
withdrawing approval of the State program. If the State takes 
appropriate corrective action, the Administrator shall issue a 
supplementary order stating that approval of authority is not withdrawn.

[[Page 415]]

    (vii) The Administrator's supplementary order shall constitute final 
Agency action within the meaning of 5 U.S.C. 704.
    (c) Withdrawal of authorization under this section and the Act does 
not relieve any person from complying with the requirements of State 
law, nor does it affect the validity of actions by the State prior to 
withdrawal.

[48 FR 14248, Apr. 1, 1983, as amended at 71 FR 40280, July 14, 2006]



Sec. 271.24  Interim authorization under section 3006(g) of RCRA.

    (a) Any State which is applying for or has been granted final 
authorization pursuant to section 3006(b) of RCRA may submit to the 
Administrator evidence that its program contains (or has been amended to 
include) any requirement which is substantially equivalent to a 
requirement identified in Sec. 271.1(j) of this part. Such a State may 
request interim authorization under section 3006(g) of RCRA to carry out 
the State requirement in lieu of the Administrator carrying out the 
Federal requirement.
    (b) The applications shall be governed by the procedures for program 
revisions in Sec. 271.21(b) of this part.
    (c) Interim authorization pursuant to this section expires on 
January 1, 2003, except that interim authorization for the revised 
Corrective Action Management Unit rule (except 40 CFR 264.555) 
promulgated on January 22, 2002 and cited in Table 1 in Sec. 271.1 
expires on August 30, 2004 if the State has not submitted an application 
for final authorization.

[57 FR 60132, Dec. 18, 1992, as amended at 67 FR 3029, Jan. 22, 2002]



Sec. 271.25  HSWA requirements.

    Unless otherwise provided in part 271, the State program shall have 
standards at least as stringent as the requirements and prohibitions 
that have taken effect under the Hazardous and Solid Waste Amendments of 
1984 (HSWA).

[51 FR 33723, Sept. 22, 1986]



Sec. 271.26  Requirements for used oil management.

    The State shall have standards for used oil management which are 
equivalent to 40 CFR part 279. These standards shall include:
    (a) Standards for used oil generators which are equivalent to those 
under subpart C of part 279 of this chapter;
    (b) Standards for used oil collection centers and aggregation points 
which are equivalent to those under subpart D of part 279 of this 
chapter;
    (c) Standards for used oil transporters and transfer facilities 
which are equivalent to those under subpart E of part 279 of this 
chapter;
    (d) Standards for used oil processors and re-refiners which are 
equivalent to those under subpart F of part 279 of this chapter;
    (e) Standards for used oil burners who burn off-specification used 
oil for energy recovery which are equivalent to those under subpart G of 
part 279 of this chapter;
    (f) Standards for used oil fuel marketers which are equivalent to 
those under subpart H of part 279 of this chapter; and
    (g) Standards for use as a dust suppressant and disposal of used oil 
which are equivalent to those under subpart I of part 279 of this 
chapter. A State may petition (e.g., as part of its authorization 
petition submitted to EPA under Sec. 271.5) EPA to allow the use of 
used oil (that is not mixed with hazardous waste and does not exhibit a 
characteristic other than ignitability) as a dust suppressant. The State 
must show that it has a program in place to prevent the use of used oil/
hazardous waste mixtures or used oil exhibiting a characteristic other 
than ignitability as a dust suppressant. In addition, such programs must 
minimize the impacts of use as a dust suppressant on the environment.
    (h)(1) Unless otherwise provided in part 271, state programs shall 
have standards for the marketing and burning of used oil for energy 
recovery that are at least as stringent as the requirements and 
prohibitions that EPA adopted on November 29, in 40 CFR part 266, 
subpart E of this chapter. The part 279 of this chapter requirements

[[Page 416]]

specified in Table 1 (except those provisions identified in footnotes 1 
and 2 of Table 1) are Federally enforceable in those states that have 
not adopted state requirements equivalent to 40 CFR part 279, subparts G 
and H of this chapter requirements and have not been authorized to 
enforce the state requirements.

 Table 1--Regulations Adopted November 29, 1985 Regarding the Burning of
                      Used Oil for Energy Recovery
     [These part 279 provisions will continue to be enforced by EPA]
------------------------------------------------------------------------
   Former provisions of 40 CFR part 266,    Recodified provisions within
             subpart E (1992)                      40 CFR part 279
------------------------------------------------------------------------
Sec. 266.40(a)............................  Sec. 279.60(a)
Sec. 266.40(b)............................  Sec. 279.1 \1\
Sec. 266.40(c) [rebuttable presumption]...  Sec. 279.63(a), (b) and (c)
                                             \2\
Sec. 266.40(d)(1) and (2).................  Sec. 279.10(b)(2) and (3)
Sec. 266.40(e)............................  Sec. 279.11
                                            Sec. 279.60(c)
Sec. 266.41(a)(1) and (2).................  Sec. 279.71
266.41(b)(1) and (2)......................  Sec. 279.61(a)
                                            279.23(a)
Sec. 266.42(a)............................  Sec. 279.60(a)
Sec. 266.42(b)............................  Sec. 279.70(a)
Sec. 266.42(c)............................  Sec. 279.60(a)
Sec. 266.43(a)(1).........................  Sec. 279.70(a) and (b)(1)
Sec. 266.43(a)(2).........................  Sec. 279.70(b)(2)
Sec. 266.43(b)(1).........................  Sec. 279.72(a)
Sec. 266.43(b)(2).........................  Sec. 279.71
Sec. 266.43(b)(3).........................  Sec. 279.73(a)
Sec. 266.43(b)(4)(i-v)....................  Sec. 279.74(a)
Sec. 266.43(b)(4)(vi).....................  not included
Sec. 266.43(b)(5)(i) and (ii).............  Sec. 279.75(a)
Sec. 266.43(b)(6)(i)......................  Sec. 279.74(b) and (c)
                                            279.72(b)
Sec. 266.43(b)(6)(ii).....................  Sec. 279.74(a)
                                            Sec. 279.75(b)
Sec. 266.44(a)............................  Sec. 279.61(a)
                                            Sec. 279.23(a)
Sec. 266.44(b)............................  Sec. 279.62(a)
Sec. 266.44(c)............................  Sec. 279.66(a)
Sec. 266.44(d)............................  Sec. 279.72(a)
Sec. 266.44(e)............................  Sec. 279.65(a) and (b)
                                            Sec. 279.66(b)
                                             Sec. 279.72(b)
------------------------------------------------------------------------
\1\ Contains additional new definitions that were not included in the
  1985 rule.
\2\ Paragraphs (c)(1) and (2) of Sec. 279.63 contain new exemptions
  from the rebuttable presumption that were not part of the 1985 rule.

    (2) In states that have not been authorized for the RCRA base 
program, all requirements of Part 279 will be Federally enforceable 
effective March 8, 1993.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26424, May 3, 1993]



Sec. 271.27  Interim authorization-by-rule for the revised 
Corrective Action Management Unit rule.

    (a) States shall be deemed to have interim authorization pursuant to 
section 3006(g) of RCRA for the revised Corrective Action Management 
Unit rule if:
    (1) The State has been granted final authorization pursuant to 
section 3006(b) of RCRA for the regulation entitled ``Corrective Action 
Management Units and Temporary Units,'' February 16, 1993 and cited in 
Table 1 in Sec. 271.1; and
    (2) The State notifies the Regional Administrator by March 25, 2002 
that the State intends to and is able to use the revised Corrective 
Action Management Unit Standards rule as guidance.
    (b) Interim authorization pursuant to this section expires on August 
30, 2004 if the State has not submitted an application for final 
authorization.

[67 FR 3029, Jan. 22, 2002]

Subpart B [Reserved]



PART 272_APPROVED STATE HAZARDOUS WASTE MANAGEMENT
PROGRAMS--Table of Contents



                      Subpart A_General Provisions

Sec.
272.1 Purpose and scope.
272.2 Incorporation by reference.
272.3-272.49 [Reserved]

                            Subpart B_Alabama

272.50-272.99 [Reserved]

                            Subpart C_Alaska

272.100-272.149 [Reserved]

                            Subpart D_Arizona

272.150 [Reserved]
272.151 Arizona State-administered program: Final authorization.
272.152-272.199 [Reserved]

                           Subpart E_Arkansas

272.200 [Reserved]
272.201 Arkansas State-administered program: Final authorization.
272.202-272.249 [Reserved]

[[Page 417]]

                          Subpart F_California

272.250-272.299 [Reserved]

                           Subpart G_Colorado

272.300-272.349 [Reserved]

                          Subpart H_Connecticut

272.350-272.399 [Reserved]

                           Subpart I_Delaware

272.400-272.449 [Reserved]

                     Subpart J_District of Columbia

272.450-272.499 [Reserved]

                            Subpart K_Florida

272.500 [Reserved]
272.501 Florida State-administered program: Final authorization.
272.502-272.549 [Reserved]

                            Subpart L_Georgia

272.550-272.599 [Reserved]

                            Subpart M_Hawaii

272.600-272.649 [Reserved]

                             Subpart N_Idaho

272.650 State authorization.
272.651 Idaho State-administered program: Final authorization.
272.652-272.699 [Reserved]

                           Subpart O_Illinois

272.700 State authorization.
272.701 State-administered program: Final authorization.
272.702-272.750 [Reserved]

                            Subpart P_Indiana

272.751 Indiana State-administered program: Final authorization.
272.752-272.799 [Reserved]

                             Subpart Q_Iowa

272.800-272.849 [Reserved]

                            Subpart R_Kansas

272.850-272.899 [Reserved]

                           Subpart S_Kentucky

272.900-272.949 [Reserved]

                           Subpart T_Louisiana

272.950 [Reserved]
272.951 Louisiana State-administered program: Final authorization.
272.952-272.999 [Reserved]

                             Subpart U_Maine

272.1000-272.1049 [Reserved]

                           Subpart V_Maryland

272.1050-272.1099 [Reserved]

                         Subpart W_Massachusetts

272.1100-272.1149 [Reserved]

                           Subpart X_Michigan

272.1150 State authorization.
272.1151 State-administered program: Final authorization.
272.1152-272.1199 [Reserved]

                           Subpart Y_Minnesota

272.1200 [Reserved]
272.1201 Minnesota State-administrated program: Final authorization.
272.1202-272.1249 [Reserved]

                          Subpart Z_Mississippi

272.1250-272.1299 [Reserved]

                           Subpart AA_Missouri

272.1300 State authorization.
272.1301 State-administered program; Final authorization.
272.1302-272.1349 [Reserved]

                           Subpart BB_Montana

272.1350 [Reserved]
272.1351 Montana State-Administered Program: Final Authorization.
272.1352-272.1399 [Reserved]

                           Subpart CC_Nebraska

272.1400-272.1449 [Reserved]

                            Subpart DD_Nevada

272.1450-272.1499 [Reserved]

                        Subpart EE_New Hampshire

272.1500-272.1549 [Reserved]

                          Subpart FF_New Jersey

272.1550-272.1599 [Reserved]

                          Subpart GG_New Mexico

272.1600 [Reserved]
272.1601 New Mexico State-administered program: Final authorization.
272.1602-272.1649 [Reserved]

[[Page 418]]

                           Subpart HH_New York

272.1650 [Reserved]
272.1651 New York State-administered program: Final authorization.
272.1652-272.1699 [Reserved]

                        Subpart II_North Carolina

272.1700-272.1749 [Reserved]

                         Subpart JJ_North Dakota

272.1750 [Reserved]
272.1751 North Dakota State-administered program: Final authorization.
272.1752-272.1799 [Reserved]

                             Subpart KK_Ohio

272.1800 State authorization.
272.1801 State-administered program; Final authorization.
272.1802-272.1849 [Reserved]

                           Subpart LL_Oklahoma

272.1850 [Reserved]
272.1851 Oklahoma State-administered program: Final authorization.
272.1852-272.1899 [Reserved]

                            Subpart MM_Oregon

272.1900-272.1949 [Reserved]

                         Subpart NN_Pennsylvania

272.1950-272.1999 [Reserved]

                         Subpart OO_Rhode Island

272.2000-272.2049 [Reserved]

                        Subpart PP_South Carolina

272.2050-272.2099 [Reserved]

                         Subpart QQ_South Dakota

272.2100 [Reserved]
272.2101 South Dakota State-administered program: Final authorization.
272.2102-272.2149 [Reserved]

                          Subpart RR_Tennessee

272.2150-272.2199 [Reserved]

                            Subpart SS_Texas

272.2200 [Reserved]
272.2201 Texas State-administered program: Final authorization.
272.2202-272.2249 [Reserved]

                             Subpart TT_Utah

272.2250 [Reserved]
272.2251 Utah State-Administered program: Final authorization.
272.2252-272.2299 [Reserved]

                           Subpart UU_Vermont

272.2300-272.2349 [Reserved]

                           Subpart VV_Virginia

272.2350-272.2399 [Reserved]

                          Subpart WW_Washington

272.2400-272.2449 [Reserved]

                        Subpart XX_West Virginia

272.2450-272.2499 [Reserved]

                          Subpart YY_Wisconsin

272.2500 [Reserved]
272.2501 Wisconsin State-administered program; final authorization.
272.2502-272.2549 [Reserved]

                           Subpart ZZ_Wyoming

272.2550 [Reserved]
272.2551 Wyoming State-administered program: Final authorization.
272.2552-272.2599 [Reserved]

                            Subpart AAA_Guam

272.2600-272.2649 [Reserved]

                         Subpart BBB_Puerto Rico

272.2650-272.2699 [Reserved]

                       Subpart CCC_Virgin Islands

272.2700-272.2749 [Reserved]

                       Subpart DDD_American Samoa

272.2750-272.2799 [Reserved]

        Subpart EEE_Commonwealth of the Northern Mariana Islands

272.2800-272.2849 [Reserved]

Appendix A to Part 272--State requirements

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act, 
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Source: 51 FR 3955, Jan. 31, 1986, unless otherwise noted.

[[Page 419]]



                      Subpart A_General Provisions



Sec. 272.1  Purpose and scope.

    This part sets forth the applicable State hazardous waste management 
programs under section 3006(b) of the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6926, and 40 CFR 260.10. ``State'' is defined in 
42 U.S.C. 1004(31) as ``any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana Islands.''

[58 FR 3500, Jan. 11, 1993]



Sec. 272.2  Incorporation by reference.

    Material listed as incorporated by reference in part 272 was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register. 
Copies may be obtained or inspected at EPA Resource and Conservation 
Recovery Act (RCRA) Docket Information Center (5305G), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460 and at the appropriate EPA Regional 
Office. Copies may be inspected at the National Archives and Records 
Administration (NARA). 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. For 
an informational listing of the State and local requirements 
incorporated in part 272, see appendix A to this part.

[58 FR 3500, Jan. 11, 1993, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. Sec. 272.3-272.49  [Reserved]



                            Subpart B_Alabama



Sec. Sec. 272.50-272.99  [Reserved]



                            Subpart C_Alaska



Sec. Sec. 272.100-272.149  [Reserved]



                            Subpart D_Arizona



Sec. 272.150  [Reserved]



Sec. 272.151  Arizona State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Arizona 
has final authorization for the following elements as submitted to EPA 
in Arizona's base program application for final authorization which was 
approved by EPA effective on December 4, 1985. Subsequent program 
revision applications were approved effective on October 7, 1991, 
September 11, 1992, January 22, 1993, December 27, 1993, and June 12, 
1995.
    (b) State Statutes and Regulations. (1) The Arizona statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) EPA Approved Arizona Statutory Requirements Applicable to the 
Hazardous Waste Management Program, June 1995.
    (ii) EPA Approved Arizona Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, June 1995.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-141 
through 49-144; 49-261 through 49-265; 49-287; 49-923 through 49-926; 
49-928; and 49-943.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, December 31, 
1994, Sections R18-8-260.D; R18-8-271.F through R18-8-271.Q; and R-18-8-
280.

[[Page 420]]

    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference:
    (i) Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-901 
through 49-905; 49-922.01; 49-927; 49-929 through 49-942; and 49-944.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, December 31, 
1994, Sections R18-8-261.J; R18-8-261.L; R18-8-269; and R18-8-270.G.
    (4) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region IX and the Arizona Department of Environmental Quality, signed by 
the EPA Regional Administrator on June 20, 1991, is referenced as part 
of the authorized hazardous waste management program under Subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Arizona on 
September 13, 1984, and revisions, supplements and addenda to that 
Statement dated November 22, 1989, October 31, 1990, August 23, 1993 
(two documents), and February 3, 1995, are referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[60 FR 44279, Aug. 25, 1995]



Sec. Sec. 272.152-272.199  [Reserved]



                           Subpart E_Arkansas



Sec. 272.200  [Reserved]



Sec. 272.201  Arkansas State-administered program: Final authorization.

    (a) History of the State of Arkansas authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Arkansas 
final authorization for the following elements as submitted to EPA in 
Arkansas' Base program application for final authorization which was 
approved by EPA effective on January 25, 1985. Subsequent program 
revision applications were approved effective on May 29, 1990; November 
18, 1991; December 4, 1992; December 21, 1994; June 24, 2002; October 
15, 2007; August 27, 2010; October 9, 2012, December 1, 2014, December 
30, 2014, March 29, 2016, and October 11, 2016, and November 13, 2017.
    (b) Enforcement authority. The State of Arkansas has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable 
statutory and regulatory provisions, regardless of whether the State has 
taken its own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations. (1) Incorporation by reference. 
The Arkansas statutes and regulations cited in paragraph (c)(1)(i) of 
this section are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. This incorporation by reference is approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
You may obtain copies of the Arkansas statutes that are incorporated by 
reference in this paragraph from LexisNexis, 9443 Springboro Pike, 
Miamisburg, Ohio 45342; Phone: (800) 833-9844; website: http://
www.lexisnexis.com/ store/us. Copies of the Arkansas regulations that 
are incorporated by reference are available from the Arkansas Department 
of Environmental Quality (ADEQ) website at http://www.adeq.state.ar.us/ 
regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore 
Drive, North Little Rock, Arkansas 72118-5317; Phone number: (501) 682-
0923. You may inspect a copy at EPA Region 6, RCRA Permits Section (LCR-
RP), Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas 75270; Phone number: (214) 665-8533 or 
(214) 665-2760,

[[Page 421]]

or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/ federal-register/ 
cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Arkansas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated October 2016.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 4, Business and Commercial Law, 
Chapter 75: Section 4-75-601(4) ``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 1: 
Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended 
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7, 
Subchapter 2: Sections 8-7-204 (except 8-7-204(e)(3)(B)), 8-7-205 
through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224, 8-7-225(b) 
through 8-7-225(d), and 8-7-227.
    (iv) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the 
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 3: 
Sections 8-7-302(3), 8-7-303 and 8-7-308.
    (vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the 
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 5: 
Sections 8-7-503(6) and (7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and 
8-7-512.
    (vii) Arkansas Freedom of Information Act (FOIA) of 1967, as 
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 25, State Government, Chapter 19: 
Sections 25-19-103(1), 25-19-105, 25-19-107.
    (viii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended September 25, 
2015, effective October 18, 2015, Chapter One; Chapter Two, Sections 1, 
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX, 
270.7(h) and (j), 270.10(e)(8), 270.34, 19, Chapter Three, Sections 21 
and 22; Chapter Five, Section 28.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 7, Civil Penalties, July 24, 1992.
    (x) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 8, Administrative Procedures, February 12, 2009.
    (3) Related legal provisions. The following statutory and regulatory 
provisions are broader in scope than the Federal program, are not part 
of the authorized program, and are not incorporated by reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the 
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 2: 
Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended September 25, 
2015, effective October 18, 2015, Chapter Two, Sections 6, 262.13(c), 
262.26(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
    (4) Unauthorized State amendments and provisions. (i) Arkansas has 
partially or fully adopted, but is not authorized to implement, the 
Federal rule listed in the following table. The EPA will continue to 
implement the Federal HSWA requirements for which Arkansas is not 
authorized until the State receives specific authorization for those 
requirements.

[[Page 422]]



----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
HSWA Codification Rule--Delisting        50 FR 28702.......................  July 15, 1985.
 (HSWA) (Checklist 17B--amendments to
 40 CFR 260.22 only).
----------------------------------------------------------------------------------------------------------------

    (ii) The Federal rules listed in the following table are not 
delegable to States. Arkansas has adopted these provisions and left the 
authority to the EPA for implementation and enforcement.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:  61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council
 Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of   75 FR 1236........................  January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rule. Arkansas adopted and was authorized for 
the following Federal rule which has since been vacated by the U.S. 
Court of Appeals for the District of Columbia Circuit (D.C. Cir. 08-
1144; June 27, 2014). As a result, the Arkansas provisions at Reg. 23, 
260.10 ``Gasification'' and 261.4(a)(12)(i) are no longer considered to 
be part of the State's authorized program. Consistent with the Court's 
vacatur, EPA removed the vacated provisions from the CFR on April 8, 
2015.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Exclusion of Oil-Bearing Secondary       73 FR 57..........................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas (Non-
 HSWA) (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and
 amendment to 40 CFR 261.4(a)(12)(i)).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VI and the State of Arkansas, signed by the Executive Director of 
the Arkansas Department of Environmental Quality (ADEQ) on June 27, 
2012, and by the EPA Regional Administrator on July 10, 2012, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Arkansas on 
July 9, 1984 and revisions, supplements, and addenda to that Statement 
dated September 24, 1987, February 24, 1989, December 11, 1990, May 7, 
1992 and by the Independent Legal Counsel on May 10, 1994, February 2, 
1996, March 3, 1997, July 31, 1997, December 1, 1997, December 12, 2001, 
July 27, 2006, December 12, 2010, October 1, 2012, and December 7, 2015 
are referenced as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[82 FR 43189, Sept. 14, 2017, as amended at 84 FR 44231, Aug. 23, 2019]

[[Page 423]]



Sec. Sec. 272.202-272.249  [Reserved]



                          Subpart F_California



Sec. Sec. 272.250-272.299  [Reserved]



                           Subpart G_Colorado



Sec. Sec. 272.300-272.349  [Reserved]



                          Subpart H_Connecticut



Sec. Sec. 272.350-272.399  [Reserved]



                           Subpart I_Delaware



Sec. Sec. 272.400-272.449  [Reserved]



                     Subpart J_District of Columbia



Sec. Sec. 272.450-272.499  [Reserved]



                            Subpart K_Florida



Sec. 272.500  [Reserved]



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

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Florida 
has final authorization for the following elements as submitted to EPA 
in Florida's base program application for final authorizations which was 
approved by EPA effective on February 12, 1985. Subsequent program 
revision applications were approved and effective January 30, 1988; 
October 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992; 
April 7, 1992; July 20, 1992; January 10, 1994; September 9, 1994; 
October 17, 1994; December 27, 1994; and June 2, 1997.
    (b) State Statutes and Regulations. (1) The Florida statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) EPA Approved Florida's Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated December 1997.
    (ii) EPA Approved Florida's Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated December 1997.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Florida Statutes, 1993, Chapter 119: 119.01; 119.011; 119.0115 
through 119.031; 119.041; 119.05; 119.06; 119.07(1), (2), (3)(a)-(j), 
(3)(k)(1) first sentence, (3)(l)-(u), (4), (5), and (8); 119.072; 
119.08(1)(a), (2) and (3); 119.085; 119.09; 119.092; 119.10; and 119.11 
through 119.14.
    (ii) Florida Statutes, 1993, Chapter 120: 120.53; 120.57; 120.59; 
120.68; and 120.69.
    (iii) Florida Statutes, 1993, Chapter 403: 403.021(1)-(9); 
403.051(1) and (2); 403.061(21); 403.087(1) second and third sentences, 
(2)-(4), and (8); 403.0875; 403.091; 403.121; 403.131; 403.141(1) and 
(2); 403.151; 403.161; 403.201(1)-(3); 403.412; 403.702; 403.703(1); 
403.704 (except (8), (11), (20)-(23), (25), and (31)); 403.721(1); 
403.721(2)-(4) (except (4)(a)); 403.721(5); 403.721(6)(a)-(g), (j), (k); 
403.721(7); 403.722(7) and (9)-(11); 403.7222(3); 403.724(3)-(6); 
403.726 (except 403.726(3)); 403.73; 403.7545; 403.8055; and 403.814.
    (iv) Florida Statutes, 1994 Supplement to 1993, Chapter 403: 
403.061(14); 403.088; 403.707; 403.722(12); 403.7222(3); and 403.727.
    (v) Florida Administrative Code, Chapter 62-4, effective July 4, 
1995: 62-4.050(1)-(3); 62-4.070(4); and 62-4.070(5).
    (vi) Florida Administrative Code, Chapter 62-103, effective October 
20, 1996: 62-103.150; and 62-103.155.
    (vii) Florida Administrative Code, Chapter 62-730, effective 
September 7, 1995: 62-730.020(2); 62-730.184; 62-730.200(3); 62-
730.220(4); 62-730.220(9); 62-730.231(10); 62-730.240(3); and 62-
730.310.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not codified herein for enforcement purposes.
    (i) Florida Statutes, 1993, Chapter 403: 403.087(5); 403.201(4) 
(only the phrase ``may require by rule a processing fee for and''); 
403.704(8); 403.721(4)(a); 403.7215(1)-(4); 403.722(8); 403.723; 
403.724(7); 403.754(1)-(7); 403.767(1)-(3)(c); 403.78 through 403.7893; 
and 403.7895.
    (ii) Florida Administrative Code, Chapter 62-4, effective July 4, 
1995: 17-4.050(4)(k), (n)-(p), (r) and (s)-(x); 62-4.050(5)-(7).

[[Page 424]]

    (iii) Florida Administrative Code, Chapter 62-730, effective 
September 7, 1995: 62-730.170(2) and (3);62-730.180(10); 62-730.290 
(only the phrase ``and submittal of the appropriate permit modification 
fee'').
    (4) Unauthorized State Provisions. The State's adoption of the 
following Federal rules is not approved by EPA and are, therefore, not 
enforceable:

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

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region IV and the Florida Department of Environmental Protection, signed 
by the EPA Regional Administrator on October 23, 1993, as amended on 
November 28, 1994, and on December 9, 1994, is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'' certifications signed by the General Counsel of 
Florida on June 21, 1984; March 12, 1987; June 16, 1988; February 21, 
1989; May 30, 1989; June 13, 1990; May 28, 1991; October 9, 1991; July 
14, 1992; September 24, 1993; December 20, 1993; February 27, 1994; 
January 25, 1996; and May 20, 1996, is referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921.
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application, or as 
supplements thereto, are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[63 FR 2898, Jan. 20, 1998]



Sec. Sec. 272.502-272.549  [Reserved]



                            Subpart L_Georgia



Sec. Sec. 272.550-272.599  [Reserved]



                            Subpart M_Hawaii



Sec. Sec. 272.600-272.649  [Reserved]



                             Subpart N_Idaho

    Source: 55 FR 50328, Dec. 6, 1990, unless otherwise noted.



Sec. 272.651  Idaho State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Idaho 
has final authorization for the following elements as submitted to the 
EPA in Idaho's base program application for final

[[Page 425]]

authorization which was approved by the EPA effective on April 9, 1990. 
Subsequent program revision applications were approved by the EPA 
effective on June 5, 1992, August 10, 1992, June 11, 1995, January 19, 
1999, July 1, 2002, March 10, 2004, July 22, 2005, February 26, 2007, 
December 23, 2008, and July 11, 2012.
    (b) The State of Idaho has primary responsibility for enforcing its 
hazardous waste management program. However, the EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 
6928, 6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory provisions.
    (c) State Statutes and Regulations. (1) The Idaho statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) The binder entitled ``EPA-Approved Idaho Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated July 2012.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 44, ``Hazardous Waste Management'', published in 2002 by the 
Michie Company, Law Publishers, Charlottesville, Virginia: sections 39-
4401; 39-4402; 39-4404; 39-4405 with exception of 39-4405(9); 39-4406; 
39-4407; 39-4408(4); 39-4409(2) except first sentence; 39-4409(3); 39-
4409(4) only first sentence; 39-4410; 39-4411(1); 39-4411(3); 39-
4411(6); 39-4412; 39-4413; 39-4414; 39-4415; 39-4416; 39-4417; 39-4418; 
39-4419; 39-4420; 39-4421; 39-4422; 39-4423(3); and 39-4426.
    (ii) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39, Chapter 58, ``Hazardous Waste Facility Siting Act'', published 
in 2002 by the Michie Company, Law Publishers, Charlottesville, 
Virginia: sections 39-5801; 39-5802; 39-5804; 39-5805; 39-5806; 39-5807; 
39-5809; 39-5810; 39-5811; 39-5812; 39-5813(2); 39-5814; 39-5816; 39-
5817; and 39-5818(1).
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Volume 2, Title 9, Chapter 3, ``Public Writings'', published in 2010 by 
the Michie Company, Law Publishers, Charlottesville, Virginia: sections 
9-337 et seq.; 9-338; 9-339; 9-340A; 9-340B; 9-340C; 9-340D; 9-340E; 9-
340F; 9-340G; 9-340H; 9-341; 9-342A; 9-343; and 9-344.
    (iv) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, 
``Rules and Standards for Hazardous Waste'', published in April 2011: 
sections 58.01.05.000; 58.01.05.356.02; 58.01.05.356.03; 
58.01.05.356.04; 58.01.05.356.05; 58.01.05.800; 58.01.05.850; 
58.01.05.996; 58.01.05.997; and 58.01.05.999.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
are not incorporated by reference, and are not federally enforceable:
    (i) Idaho Code containing the General Laws of Idaho Annotated, Title 
39, Chapter 44, ``Hazardous Waste Management'', published in 2002 by the 
Michie Company, Law Publishers, Charlottesville, Virginia: sections 39-
4403(6); 39-4403(14); 39-4403(17) only the second and third sentences; 
39-4405(9); 39-4409(1) only the fourth and fifth sentences; 39-4409(7); 
39-4423(2); 39-4427B; 39-4427C; 39-4427D; 39-4428; 39-4429; 39-4430; 39-
4431; and 39-4432.
    (ii) 2010 Cumulative Pocket Supplement to the Idaho Code (I.C.), 
containing, Title 39, Chapters 44 ``Hazardous Waste Management'', 
published in 2010 by the Michie Company, Law Publishers, 
Charlottesville, Virginia: section 39-4427.
    (iii) Idaho Code containing the General Laws of Idaho Annotated, 
Title 39, Chapter 58, ``Hazardous Waste Siting Act'', published in 2002 
by the Michie Company, Law Publishers Charlottesville, Virginia: section 
39-5813(3).
    (iv) Idaho Department of Environmental Quality Rules and 
Regulations, Idaho Administrative Code, IDAPA 58,

[[Page 426]]

Title 1, Chapter 5, ``Rules and Standards for Hazardous Waste'', 
published in April 2011: sections 58.01.05.011 only the fourth sentence; 
58.01.05.355; 58.01.05.500; and 58.01.05.900.
    (4) Memorandum of Agreement. The Memorandum of Agreement between the 
EPA Region 10 and the State of Idaho (IDEQ), signed by the EPA Regional 
Administrator on August 1, 2001, although not incorporated by reference, 
is referenced as part of the authorized hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921, et seq.
    (5) Statement of Legal Authority. The ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Idaho on 
July 5, 1988, and revisions, supplements and addenda to that Statement, 
dated July 3, 1989, February 13, 1992, December 29, 1994, September 16, 
1996, October 3, 1997, April 6, 2001, September 11, 2002, September 22, 
2004, June 13, 2006, September 29, 2006, June 23, 2008, and October 14, 
2011, including clarification letter dated July 12, 2012, although not 
incorporated by reference, are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921, et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto, although not incorporated by reference, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[77 FR 59761, Oct. 1, 2012]



Sec. Sec. 272.652-272.699  [Reserved]



                           Subpart O_Illinois



Sec. 272.700  State authorization.

    (a) The State of Illinois is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et. seq. subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA), (Public Law 98-616, November 8, 1984), 42 
U.S.C. 6926 (c) and (g). The Federal program for which a State may 
receive authorization is defined in 40 CFR part 271. The State's base 
program and revisions to that program, as administered by the Illinois 
Environmental Protection Agency, were approved by EPA pursuant to 42 
U.S.C. 6926(b) and 40 CFR part 271. EPA's approval of Illinois' base 
program was effective on January 31, 1986. EPA's approval of revisions 
to Illinois' base program were effective on March 5, 1988, April 30, 
1990 and June 3, 1991.
    (b) Illinois is authorized to implement only those HSWA requirements 
addressed in 40 CFR 272.701 and codified herein.
    (c) Illinois has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under Sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Illinois must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with Section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Illinois must seek final 
authorization for all program revisions pursuant to Section 30069b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Illinois obtains final authorization for the revised 
requirements pursuant to Section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.701 of this subpart. If Illinois 
obtains interim authorization for the revised requirements pursuant to 
Section 3006(g), the newly authorized provisions will be listed in Sec. 
272.702.

[54 FR 37651, Sept. 12, 1989, as amended at 57 FR 3723, Jan. 31, 1992; 
57 FR 45576, Oct. 2, 1992]



Sec. 272.701  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Illinois has 
final authorization for the following elements submitted to EPA in 
Illinois; base program and program revision applications for final 
authorization and approved by EPA effective on January 31, 1986, March 
5, 1988, April 30, 1990 and June 3, 1991.

[[Page 427]]

    (a) State Statutes and Regulations. (1) The following Illinois 
regulations and statutes are incorporated by reference with the approval 
of the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51 as part of the hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (i) Illinois Administrative Code, Title 35, Part 702, Sections 
702.101-702.104, 702.110-702.187; Part 703, Sections 703.100-703.126, 
703.140-703.246; Part 709, Sections 709.102-709.105, 709.201, 709.301, 
709.302, 709.401, 709.501-709.603; Part 720, Sections 720.101-720.122, 
Part 720 Appendix A; Part 721, Sections 721.101-721.133, Part 721 
Appendices A, B, C, G, H, I, J, Z; Part 722, Sections 722.110-722.151, 
Part 722 Appendix A; Part 723, Sections 723.110-723.131; Part 724, 
Sections 724.101-724.321, 724.326-724.351, 724.354-724.451, Part 724 
Appendices A, D, E; Part 725, Sections 725.101-725.248, 725.270-725.530, 
Part 725 Appendices, A, C, D, E; Part 726, Sections 726.120-726.180; 
Part 728; and Part 729, Sections 729.100-729.321; (Illinois 
Administrative Code, January 1, 1985, as amended January 1, 1986, 
January 1, 1987, and January 1, 1988).
    Copies of the Illinois regulations that are incorporated by 
reference in this paragraph are available from the Secretary of State, 
Administrative Code Division, 288 Centennial Building, Springfield, 
Illinois 62756. Copies may be inspected at U.S. EPA headquarters, 1200 
Pennsylvania Ave., NW., Washington, DC, or at the National Archives and 
Records Administration (NARA). 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.
    (ii) [Reserved]
    (2) The following statutes and regulations concerning State 
enforcement and procedures, although not codified herein, are part of 
the authorized State program:
    (i) Illinois Revised Statutes, chapter 111\1/2\, sections 1001 
through 1003.52; sections 1003.54 through 1005.1; sections 1007 through 
1007.1; section 1020(c); sections 1020.1 through 1022.3; sections 1022.5 
through 1022.6; sections 1030 through 1034; and section 1039 parts a, d, 
g, k.
    (ii) Illinois Administrative Code, Title 35 Part 700, Sections 
700.101-700.504; Part 702 Sections 702.105-702.109; Part 705, Section 
705.101-705.212; Part 720, Sections 720.140-720.141; and Title 2, Part 
1826, Sections 1826.101-1826.503, Section 1826 Appendices A and B. 
(Illinois Administrative Code, January 1, 1985, as amended January 1, 
1986, January 1, 1987, and January 1, 1988).
    (b) Memorandum of Agreement. The Memorandum of Agreement between 
EPA-Region V and the Illinois Environmental Protection Agency, signed by 
the EPA Regional Administrator on January 26, 1990, is part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. The Illinois Attorney General's 
Statements for final authorization signed by the Attorney General of 
Illinois on June 4, 1985, July 15, 1986, May 26, 1988, and February 23, 
1990 are part of the authorized hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. Program Descriptions dated July 26, 1985, 
August 7, 1986, November 29, 1988, and May 18, 1990, and any other 
materials submitted as part of, or as supplements to, the original 
application or revision applications are codified as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[54 FR 37651, Sept. 12, 1989, as amended at 57 FR 3723, Jan. 31, 1992; 
57 FR 45576, Oct. 2, 1992; 69 FR 18803, Apr. 9, 2004]



Sec. Sec. 272.702-272.750  [Reserved]



                            Subpart P_Indiana



Sec. 272.751  Indiana state-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Indiana 
has final authorization for the following elements as submitted to EPA 
in Indiana's base program application for final authorization which was 
approved by EPA effective on January 31, 1986.

[[Page 428]]

Subsequent program revision applications were approved effective on 
December 31, 1986, January 19, 1988, September 11, 1989, September 23, 
1991 (two separate revisions), September 27, 1991, September 30, 1991, 
October 21, 1996, November 30, 1999, and January 4, 2001.
    (b) State statutes and regulations. (1) The Indiana statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 552(a). 
Copies of the Indiana regulations that are incorporated by reference in 
this paragraph are available from the Indiana Legislative Services 
Agency, Administrative Code and Register Division, 302 State House, 
Indianapolis, Indiana 46204.
    (i) The EPA approved Authorized Indiana Statutory Requirements 
Applicable to the Hazardous Waste Management Program, dated March 2001.
    (ii) The EPA approved Indiana Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated March 2001.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Annotated Indiana Code, 1998 edition, Title 13, Article 4-21.5, 
5-14-3-2, 13-11-2, 13-14-2-2, 13-14-9, 13-14-10, 13-15-2, 13-19-1, 13-
19-2, 13-20, 13-22-1, 13-22-3, 13-22-5 through 13-22-14, 13-23, 13-30, 
and 23-1-16.
    (ii) Indiana Administrative Code, as amended, 1996 edition, 
certified October 24, 1995, 2000 cumulative supplement, certified 
November 30, 1999, sections 329 IAC 3.1-1-1 through 3.1-1-6; 3.1-1-8 
through 3.1-1-14; 3.1-2-1 through 3.1-2-16; 3.1-3-1 through 3.1-3-9; 
3.1-4-2 through 3.1-4-26; 3.1-13-5; 3.1-13-8 through 3.1-13-17; 3.1-14-
2; 3.1-14-3; and 13-1-3 through 13-1-6.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not incorporated by reference: Indiana Administrative Code as 
amended, 1996 edition, certified October 24, 1995, 2000 cumulative 
supplement, certified November 30, 1999, sections 329 IAC 3.1-6-3; and 
3.1-8-4.
    (4) Unauthorized State provisions: Although the Federal rules listed 
in the following table have been adopted by the State and have been 
included in the materials incorporated by reference in paragraph (b)(1) 
of this section, EPA has not authorized the State for these rules at 
this time. While they may be enforceable under State law, they are not 
enforceable under RCRA:

------------------------------------------------------------------------
                                   Federal Register
       Federal requirement             reference       Publication date
------------------------------------------------------------------------
1. Hazardous Waste Management     62 FR 32452.......  June 13, 1997.
 System; Testing and Monitoring
 Activities (Checklist 158).
2. Kraft Mill Stream Stripper     63 FR 18504.......  April 15, 1998.
 Condensate Exclusion (Checklist
 164).
3. Recycled Used Oil Management   63 FR 24963.......  May 6, 1998.
 Standards; Technical Correction
 and Clarification (Checklist
 166) as amended (Checklist
 166.1).
4. Bevill Exclusion Revisions     63 FR 37780.......  July 14, 1998.
 and Clarification (Checklist
 167E).
5. Exclusion of Recycled Wood     63 FR 28556.......  May 26, 1998.
 Preserving Wastewaters
 (Checklist 167F).
6. Hazardous Waste Combustors     63 FR 33782.......  June 19, 1998.
 Revised Standards (Checklist
 168).
7. Universal Waste Rule;          63 FR 71225.......  December 24, 1998.
 Technical Amendment (Checklist
 176).
------------------------------------------------------------------------

    (i) Additionally Indiana has adopted but is not authorized to 
implement the HSWA rules that are listed the following table. EPA will 
continue to implement the Federal HSWA requirements for which Indiana is 
not authorized until the State receives specific authorization for those 
requirements:

------------------------------------------------------------------------
                                   Federal Register
       Federal requirement             reference       Publication date
------------------------------------------------------------------------
1. HSWA Codification Rule 2;      52 FR 45788.......  December 1, 1987.
 Corrective Action for Injection
 Wells (Checklist 44C).
2. Burning of Hazardous Waste in  56 FR 7134........  February 21, 1991.
 Boilers and Industrial Furnaces
 (Checklist 85).

[[Page 429]]

 
3. Burning of Hazardous Waste in  56 FR 32688.......  July 17, 1991.
 Boilers and Industrial
 Furnaces; Corrections and
 Technical Amendments (Checklist
 94).
4. Burning of Hazardous Waste in  56 FR 42504.......  August 27, 1991.
 Boilers and Industrial
 Furnaces; Technical Amendments
 II (Checklist 96).
5. Burning of Hazardous Waste in  57 FR 38558.......  August 25, 1992.
 Boilers and Industrial
 Furnaces; Technical Amendment
 III (Checklist 111).
6. Burning of Hazardous Waste in  57 FR 44999.......  September 30,
 Boilers and Industrial                                1992.
 Furnaces; Technical Amendment
 IV (Checklist 114).
7. Requirements for Preparation,  58 FR 38816.......  July 20, 1993.
 Adoption, and Submittal of
 Implementation Plans (Checklist
 125).
8. Burning of Hazardous Waste in  58 FR 59598.......  November 9, 1993.
 Boilers and Industrial Furnaces
 (Checklist 127).
9. Land Disposal Restrictions-    62 FR 25998.......  May 12, 1997.
 Phase IV: Treatment Standards
 for Wood Preserving Wastes,
 Paperwork Reduction and
 Streamlining, Exemptions from
 RCRA for Certain Processed
 Materials; and Miscellaneous
 Hazardous Waste Provisions
 (Checklist 157).
10. Hazardous Waste Management    62 FR 32974.......  June 17, 1997.
 System; Carbamate Production,
 Identification and Listing of
 Hazardous Waste; Land Disposal
 Restrictions (Checklist 159).
11. Land Disposal Restrictions-   62 FR 37694.......  July 14, 1997.
 Phase III--Emergency Extension
 of the K088 National Capacity
 Variance (Checklist 160).
12. Second Emergency Revision of  62 FR 45568.......  August 28, 1997.
 the Land Disposal Restrictions
 (LDR) Treatment Standards for
 Listed Hazardous Wastes from
 Carbamate Production (Checklist
 161).
13. Organic Air Emission          62 FR 64636.......  December 8, 1997.
 Standards for Tanks, Surface
 Impoundments, and Containers;
 Clarification and Technical
 Amendment (Checklist 163).
14. Land Disposal Restrictions-   63 FR 28556.......  May 26, 1998.
 Phase IV: Treatment Standards    63 FR 31266.......  June 8, 1998.
 for Metal Wastes and Mineral
 Processing Wastes (Checklist
 167A), Hazardous Soils
 Treatment Standards and
 Exclusions (Checklist 167B),
 and Corrections (Checklist
 167C) as amended (Checklist
 167C.1).
15. Petroleum Refining Process    63 FR 42110.......  August 6, 1998.
 (Checklist 169) as amended       63 FR 54356.......  October 9, 1998.
 (Checklist 169.1).
16. Land Disposal Restrictions-   63 FR 46332.......  August 31, 1998.
 Phase IV (Checklist 170).
17. Emergency Revisions of the    63 FR 47409.......  September 4, 1998.
 Land Disposal Restrictions
 Treatment Standards (Checklist
 171).
18. Emergency Revision of the     63 FR 48124.......  September 9, 1998.
 Land Disposal Restrictions
 Treatment Standards (Checklist
 172).
19. Land Disposal Restrictions    63 FR 51254.......  September 24,
 Treatment Standards (Spent                            1998.
 Potliners) (Checklist 173).
------------------------------------------------------------------------

    (ii) Some regulations listed in the table in paragraph (b)(4)(i) of 
this section are predominantly HSWA authority but contain provisions 
that are not HSWA authority. EPA will not enforce these non-HSWA 
provisions. The affected rules are as follows:
    (A) Burning of Hazardous Waste in Boilers and Industrial Furnaces 
(BIF), including BIF (February 21, 1991);
    (B) Corrections and Technical Amendments I (July 17, 1991);
    (C) Technical Amendments II (August 27, 1991);
    (D) Technical Amendments III (August 25, 1992);
    (E) Amendment IV (September 30, 1992);
    (F) Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans (July 20, 1993); and
    (G) BIF (November 9, 1993).
    (iii) EPA will not enforce BIF rules for Sludge Dryers, Infrared 
Incinerators, Plasma Arc Incinerators, and Carbon Regeneration Units, 
until Indiana is authorized for these rules. Petroleum Refining Process 
(August 6, 1998, as amended October 9, 1998) 40 CFR 261.3, 261.4, and 
261.6 are non-HSWA provisions. Standards Applicable to Owners and 
Operators of Closed/Closing Facilities (October 22, 1998) 40 CFR 
264.90(e), 265.110(c), 265.118(c)(4), 265.121 (except Sec. 
265.121(a)(2)), 270.1, 270.14(a), and 270.28 are non-HSWA provisions. 
Hazardous Remediation Waste Management Requirements (HWIR Media) 
(November 30, 1998) 40 CFR 261.4(g), 264.1(j)(1-13), 264.73(b)(17), 
270.2, 270.11(d), 270.68, 270.73(a), and 270.79 through 270.230 (40 CFR 
part 270, subpart H) except Sec. 270.230(e)(1) are non-HSWA provisions. 
Until Indiana becomes authorized for these rules, EPA will not enforce 
the non-HSWA provisions.

[[Page 430]]

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 5 and the Indiana Department of Environmental Management, signed 
by the Commissioner of the IDEM on February 14, 1996 and acknowledged by 
the EPA Regional Administrator in the Federal Register noticed signed on 
July 29, 1996, August 2, 1999, and December 14, 2000, is referenced as 
part of the authorized hazardous waste management program under subtitle 
C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Indiana on June 
28, 1985 and revisions, supplements and addenda to that Statement dated 
August 26, 1986, June 1, 1987, December 15, 1987, March 25, 1988, July 
22, 1988, December 15, 1989, May 29, 1996, March 24, 1997, and January 
31, 2000 are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[66 FR 53728, Oct. 24, 2001]



Sec. Sec. 272.752-272.799  [Reserved]



                             Subpart Q_Iowa



Sec. Sec. 272.800-272.849  [Reserved]



                            Subpart R_Kansas



Sec. Sec. 272.850-272.899  [Reserved]



                           Subpart S_Kentucky



Sec. Sec. 272.900-272.949  [Reserved]



                           Subpart T_Louisiana



Sec. 272.950  [Reserved]



Sec. 272.951  Louisiana State-Administered Program: Final Authorization.

    (a) History of the State of Louisiana authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Louisiana 
final authorization for the following elements as submitted to EPA in 
Louisiana's base program application for final authorization which was 
approved by EPA effective on February 7, 1985. Subsequent program 
revision applications were approved effective on January 29, 1990; 
October 25, 1991 as corrected October 15, 1991; January 23, 1995 as 
corrected April 11, 1995; March 8, 1995; January 2, 1996; June 11, 1996; 
March 16, 1998; December 22, 1998; October 25, 1999; November 1, 1999; 
April 28, 2000; March 5, 2001; February 9, 2004; August 9, 2005; January 
12, 2007; October 15, 2007; July 20, 2009; October 4, 2010; August 23, 
2011; August 27, 2012; September 11, 2012; November 25, 2013; November 
13, 2015; December 20, 2016; September 11, 2017; and December 26, 2018.
    (b) Enforcement authority. The State of Louisiana has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable 
statutory and regulatory provisions, regardless of whether the State has 
taken its own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations--(1) Incorporation by reference. 
The Louisiana statutes and regulations cited in paragraph (c)(1)(i) of 
this section are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Louisiana regulations that are incorporated by 
reference in this paragraph from the Office of the State Register, P.O. 
Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; 
website: www.doa.la.gov/ Pages/osr/l ac/Code.aspx. The statutes are 
available from Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 
55123; Phone: 1-888-728-7677; website: https://legalsolutions 
.thomsonreuters.com. You may inspect a

[[Page 431]]

copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 
(Phone number (214) 665-8533), or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (i) The compilation entitled ``EPA-Approved Louisiana Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated December 2018. Only those provisions that have been 
authorized by EPA are incorporated by reference. Those provisions are 
listed in appendix A to this part.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2017 Main Volume 
(effective April 23, 2017), Volume 17B, Subtitle II of Title 30, 
Louisiana Environmental Quality Act: Chapter 1, Section 2002; Chapter 2, 
Sections 2011.A(1), 2011.B and C, 2011.D (except 2011.D(4), (10)-(12), 
(16), (19), (20), (23) and (25)), 2011.E-G, 2012, 2013, 2014.A (except 
2014.A.3), 2014.2, 2017, 2019.A-C, 2020, 2021, 2022.A (except the first 
sentence of 2022.A(1)); 2022.B and C; 2022.1(B), 2023 (except phrase 
``Except as otherwise provided in this Subsection,'' in 2023.A(1) and 
2023.A(2)); 2024, 2025 (except 2025.D, .F(3), .H, and .K), 2026 through 
2029, 2033.A-D; Chapter 2-A, Section 2050.8; Chapter 3, Sections 
2054.B(1), 2054.B(2)(a); Chapter 9, Sections 2172, 2174, 2175, 2180.A-C, 
2181, 2183.C, and .F-.H, 2183.1.B, 2183.2, 2184.B, 2186, 2187, 2188.A 
and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 2199, 2200, 
2203.B and C, 2204.A(2), A(3) and B; Chapter 13, Sections 2294(6), 
2295.C; Chapter 16, Section 2369; Chapter 18, Section 2417.A.
    (ii) Louisiana Administrative Code, Title 33, Part I, Office of The 
Secretary Part I, Subpart 1: Departmental Administrative Procedures: 
Chapter 5, Sections 501.A, effective October 20, 2007, 501.B, effective 
October 20, 2005, 502, effective September 20, 2008, and 503 through 
511, effective October 20, 2005; Chapter 7, Section 705, effective 
October 20, 2006; Chapter 19, Sections 1901 through 1909, effective 
November 20, 2010; Chapter 23, Sections 2303 through 2309, effective 
October 20, 2009.
    (iii) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations, 
dated January 2018, unless otherwise specified: Chapter 1, Sections 101, 
107.A.-.C; Chapter 3, Sections 301, 311.A, 311.C, 315 introductory 
paragraph, 323.B.3, 323.B.4.d and e; Chapter 5, Section, 503; Chapter 7, 
Sections 703, 705, 707, 709 through 721; and Chapter 22, Sections 
2201.A, 2201.E, 2201.F.
    (3) Related legal provisions. The following statutory and regulatory 
provisions are broader in scope than the Federal program, are not part 
of the authorized program, and are not incorporated by reference:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2017 Main Volume 
(effective April 23, 2017), Volume 17B, Subtitle II of Title 30, 
Louisiana Environmental Quality Act: Chapter 2, Sections 2014.B and D; 
Chapter 9, Sections 2178 and 2197.
    (ii) Louisiana Administrative Code, Title 33, Part I, Office of The 
Secretary Part I, Subpart 1: Departmental Administrative Procedures: 
Chapter 19, Section 1911, effective November 20, 2010.
    (iii) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations, 
dated January 2018, unless otherwise specified: Chapter 1, Sections, 
105.D.1.y, 105.O.1.f, 105.O.2.d, 105.R.5, 108.F.5, 108.G.5 and 109 
Analogous Product; 109 Analogous Raw Material; 109 Intermediate; Chapter 
3, Section 327; Chapter 4, Sections 401 through 409; Chapter 11, 
Sections 1101.G and 1109.E.7.f; Chapter 13, Section 1313; Chapter 51.
    (4) Unauthorized State amendments and provisions. (i) Louisiana has 
adopted but is not authorized to implement the HSWA rules that are 
listed in the Table in lieu of the EPA. The EPA will enforce the Federal 
HSWA standards for which Louisiana is not authorized

[[Page 432]]

until the State receives specific authorization from EPA.

                                         Table 1 to Paragraph (c)(4)(i)
----------------------------------------------------------------------------------------------------------------
         Federal requirement               Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Standards for Hazardous Waste Storage  51 FR 25422......................  July 14, 1986.
 and Treatment Tank Systems (HSWA
 portions) (Rule 28H).
Exports of Hazardous Waste (HSWA)      51 FR 28664......................  August 8, 1986.
 (Checklist 31).
HSWA Codification Rule 2:              52 FR 45788......................  December 1, 1987.
 Requirements addressing Corrective
 Action for Injection Wells and Post-
 Closure Permits (HSWA) (Checklists
 44 C and 44G).
Removal of Saccharin and its Salts     75 FR 78918......................  December 17, 2010.
 from the Lists of Hazardous Wastes
 (Non-HSWA) (Checklist 225).
----------------------------------------------------------------------------------------------------------------

    (ii) The Federal rules listed in the table below are not delegable 
to States. Louisiana has adopted these provisions and left the authority 
to the EPA for implementation and enforcement.

                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
         Federal requirement               Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous       61 FR 16290......................  April 12, 1996.
 Waste: Implementation of OECD
 Council Decision (HSWA) (Checklist
 152).
OECD Requirements; Export Shipments    75 FR 1236.......................  January 8, 2010.
 of Spent Lead-Acid Batteries (Non-
 HSWA) (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (iii) (A) The following authorized provisions of the Louisiana 
regulations include amendments published in the Louisiana Register that 
are not approved by EPA. Such unauthorized amendments are not part of 
the State's authorized program and are, therefore, not Federally 
enforceable. Thus, notwithstanding the language in the Louisiana 
hazardous waste regulations incorporated by reference at paragraph 
(c)(1)(i) of this section, EPA will enforce the State provisions that 
are actually authorized by EPA. The effective dates of the State's 
authorized provisions are listed as follows.

                   Table 3 to Paragraph (c)(4)(iii)(A)
------------------------------------------------------------------------
                                           Effective date of authorized
             State provision                         provision
------------------------------------------------------------------------
LAC 1111.B.1.c..........................  March 20, 1984.
LAC 1113................................  March 20, 1984.
------------------------------------------------------------------------

    (B) The actual State regulatory text authorized by EPA (i.e., 
without the unauthorized amendments) is available as a separate 
document, Addendum to the EPA-Approved Louisiana Regulatory and 
Statutory Requirements Applicable to the Hazardous Waste Management 
Program, dated December, 2018. Copies of the document can be obtained 
electronically through https://www.regulations.gov, and from U.S. EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, TX 75207.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of Louisiana, signed by the Secretary of the 
State of Louisiana Department of Environmental Quality (LDEQ) on January 
30, 2018 and the EPA Regional Administrator on August 28, 2018 is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final

[[Page 433]]

Authorization'', signed by the Attorney General of Louisiana on May 10, 
1989 and revisions, supplements and addenda to that Statement dated May 
13, 1991, May 3, 1994, December 2, 1994, May 31, 1995, July 24, 1995, 
November 30, 1995, December 13, 1996, April 15, 1998, January 13, 1999, 
January 27, 1999, August 19, 1999, August 29, 2000, October 17, 2001, 
February 25, 2003, December 19, 2005, September 5, 2006, October 9, 
2008, January 14, 2010, April 18, 2012, June 11, 2014, July 27, 2016, 
and July 17, 2017 are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (7) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[86 FR 68162, Dec. 1, 2021]



Sec. Sec. 272.952-272.999  [Reserved]



                             Subpart U_Maine



Sec. Sec. 272.1000-272.1049  [Reserved]



                           Subpart V_Maryland



Sec. Sec. 272.1050-272.1099  [Reserved]



                         Subpart W_Massachusetts



Sec. Sec. 272.1100-272.1149  [Reserved]



                           Subpart X_Michigan



Sec. 272.1150  State authorization.

    (a) The State of Michigan is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq. subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) (Public Law 98-616, November 8, 1984), 42 
U.S.C. 6926 (c) and (g). The Federal program for which a State may 
receive authorization is defined in 40 CFR part 271. The State's 
program, as administered by the Michigan Department of Natural 
Resources, was approved by EPA pursuant to 42 U.S.C. 6926(b) and part 
271 of this chapter. EPA's approval of Michigan's base program was 
effective on October 30, 1986 (see 51 FR 36804). EPA's approval of the 
revisions to Michigan's base program was effective on January 23, 1990 
(see 54 FR 48608) and RCRA Cluster III authorization effective June 24, 
1991 (see 56 FR 18517).
    (b) Michigan is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow such 
action in a Federal Register notice granting Michigan authorization and 
RCRA Cluster III authorization effective June 24, 1991 (see 56 FR 
18517).
    (c) Michigan has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Michigan must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Michigan must seek final 
authorization for all program revisions, pursuant to section 3006(b) of 
RCRA but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA, pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Michigan obtains final authorization for the revised 
requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1151 of this subpart. If Michigan 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provisions will be listed in Sec. 
272.1152.

[54 FR 7421, Feb. 21, 1989, as amended at 55 FR 18112, May 1, 1990; 57 
FR 3724, Jan. 31, 1992]



Sec. 272.1151  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Michigan has 
final authorization for the following elements submitted to EPA in 
Michigan's base

[[Page 434]]

program and program revision applications for final authorization and 
approved by EPA effective on October 30, 1986 (see 51 FR 36804), January 
23, 1990 (see 54 FR 46808), and RCRA Cluster III authorization effective 
June 24, 1991 (see 56 FR 18517).
    (a) State Statutes and Regulations. (1) The requirements in the 
Michigan statutes and regulations cited in this paragraph are 
incorporated by reference and codified as part of the hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation, by reference, was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a).
    (i) Michigan Compiled Laws Annotated, Sec. Sec. 299.501-506, 
299.521-522, 299.532-535, 299.537, and 299.539-541 (P.A. 64 of 1979 as 
amended by P.A. 486 of 1982, effective March 30, 1983). Copies of the 
State laws incorporated by reference in this paragraph are available 
from West Publishing Co., 50 West Kellogg Boulevard, P.O. Box 64526, St. 
Paul, Minnesota 55164-0526.
    (ii) Michigan Administrative Code, Rules 299.9101-9206(3)(g), 
299.9206(4)-9208(1), 299.9208(3)-9209(1), 9209(4)-(9209(6), 299.9210(2)-
9211(1)(a), 299.9211(1)(c)-9212(4), 299.9212(6)-9212(7), 299.9212(8)(b)-
9213(1)(a), 299.9213(1)(c), 299.9213(2)-9214(6)(b), 299.9215-9217, 
299.9220, 299.9222, 299.9224-9225, 299.9301-9304(1)(b), 299.9304(1)(d)-
299.9401(5), 299.9402, 299.9404(1) introductory text, 299.9404(1)(b)-
9405, 299.9407-9408(1), 299.9409-9410, 299.9501-9504(1) introductory 
text, 299.9504(1)(b)-9506, 299.9508-9508(1)(g), 299.9508(1)(i)-
9521(1)(b), 299.9521(2)-9522, 299.9601-9611(2)(a), 299.9611(3)-
9623(1)(b), 299.9623(3)-9710, 299.9801-9804, 299.11001-11008 (1985 
Annual Michigan Administrative Code Supplement, as supplemented by the 
April 1988 Michigan Register, pages 3-107, and the January 1989 Michigan 
Register, pages 1-27). Copies of the Michigan regulations that are 
incorporated by reference in this paragraph are available from the 
Department of Management and Budget's Publication Office, 7461 Crowner 
Drive, Lansing, Michigan 48913, Phone: (517) 322-1897. Copies may be 
inspected at: U.S. EPA Headquarters Library, PM 211A, 401 M St., SW., 
Washington, DC 20460. Phone: (202) 382-5926; U.S. EPA, Region V, Waste, 
Pesticides and Toxics Division, Program Management Branch, 7th floor, 77 
West Jackson Boulevard, Chicago, IL. Phone: Ms. Judy Feigler, (312) 886-
4179; and at the National Archives and Records Administration (NARA). 
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.
    (2) The following statutes and regulations, although not codified 
herein for enforcement purposes, are part of the authorized State 
program.
    (i) Michigan Compiled Laws Annotated, Sec. 24.201-328 (P.A. 306 of 
1969, effective July 1, 1970), Sec. Sec. 299.507, 299.514-520, 299.523-
528, 299.544, and 299.546-548 (P.A. 64 of 1979 as amended by P.A. 486 of 
1982, effective March 30, 1983).
    (ii) Michigan Administrative Code Rules 299.9521(1)(c), 299.11101-
11107 (1985 Annual Michigan Administrative Code Supplement, as 
supplemented by the April, 1988 Michigan Register, pages 3-107).
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not codified herein for enforcement purposes.
    (i) Michigan Compiled Laws Annotated, Sec. Sec. 299.508-513, 
299.529, 299.531, and 299.542-543 (P.A. 64 of 1979 as amended by P.A. 
486 of 1982).
    (ii) Michigan Administrative Code Rules 299.9208(2), 299.9209 (2) 
and (3), 299.9210(1), 299.9211(1)(b), 299.9212 (5) and (8)(a), 
299.9213(1) (b) and (d), 299.9214(6)(c), 299.9218-9219, 299.9221, 
299.9223, 299.9226, 299.9304(1)(c), 299.9401(6), 299.9403, 
299.9404(1)(a), 299.9406, 299.9408 (2) and (3), 299.9411-9412, 
299.9504(1)(a), 299.9507, 299.9508(1)(h), 299.9523, 299.9611(2) (b) and 
(c), 299.9623(2), 299.9711, 299.9901-9906 (1985 Michigan Administrative 
Code Annual Supplement, as supplemented by the April 1988 Michigan 
Register, pages 3-107, and the January 1989 Michigan Register, pages 1-
27).
    (b) Memorandum of Agreement. The Memorandum of Agreement between 
EPA--Region V and the Michigan Department of Natural Resources, signed

[[Page 435]]

by the EPA Regional Administrator on February 7, 1991, is codified as 
part of the authorized hazardous waste management program under Subtitle 
C of RCRA, 42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. The Michigan Attorney General's 
Statements for final authorization signed by the Attorney General of 
Michigan on October 25, 1985, and supplements to that Statement dated 
June 3, 1986, September 19, 1986, September 7, 1988, and July 31, 1990, 
are codified as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description dated June 30, 
1984, and the supplements thereto dated June 30, 1986, September 12, 
1988, and July 31, 1990, are codified as part of the authorized 
hazardous waste management program under subtitle C of RCRA, U.S.C. 6921 
et seq.

[54 FR 7421, Feb. 21, 1989, as amended at 55 FR 18113, May 1, 1990; 57 
FR 3725, Jan. 31, 1992; 62 FR 1834, Jan. 14, 1997; 69 FR 18803, Apr. 9, 
2004]



Sec. Sec. 272.1152-272.1199  [Reserved]



                           Subpart Y_Minnesota



Sec. 272.1200  [Reserved]



Sec. 272.1201  Minnesota State-administered program; Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Minnesota 
has final authorization for the following elements as submitted to EPA 
in Minnesota's base program and revision application for final 
authorization as approved by EPA effective on February 11, 1985. 
Subsequent program revision applications were approved effective on 
September 18, 1987, June 23, 1989, August 14, 1990, August 23, 1991, May 
18, 1992, May 17, 1993, and March 21, 1994.
    (a) State statutes and regulations. (1) The Minnesota statutes and 
regulations cited in appendix A are incorporated by reference as part of 
the hazardous waste management program under subtitle C of RCRA, 42 
U.S.C. 6921 et seq.
    (i) EPA Approved Minnesota Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated April 5, 1994.
    (ii) EPA Approved Minnesota Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated April 5, 1994.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference for enforcement 
purposes, are part of the authorized State program: Minnesota Statutes, 
Chapters 14.02-14.56; 115.07 Subdivisions 1 and 3; 115.071, 116.091; 
116.11, and 116B.09 (June 1992 edition).
    (b) [Reserved]

[59 FR 45987, Sept. 6, 1994]



Sec. Sec. 272.1202-272.1249  [Reserved]



                          Subpart Z_Mississippi



Sec. Sec. 272.1250-272.1299  [Reserved]



                           Subpart AA_Missouri



Sec. 272.1300  State authorization.

    (a) The State of Missouri is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
Subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6921 et seq., subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA), (Pub. L. 98-616, Nov. 8, 1984), 42 U.S.C. 
6926 (c) and (g)). The Federal program for which a State may receive 
authorization is defined in 40 CFR part 271. The State's program, as 
administered by the Missouri Department of Natural Resources was 
approved by EPA pursuant to 42 U.S.C. 6926(b) and part 271 of this 
Chapter. EPA's approval was effective on December 4, 1985 (50 FR 47740, 
November 20, 1985).
    (b) Missouri is not authorized to implement any HSWA requirements in 
lieu of EPA unless EPA has explicitly indicated its intent to allow such 
action in a Federal Register notice granting Missouri authorization.
    (c) Missouri has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under sections 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928,

[[Page 436]]

6934, and 6973, as well as under other Federal laws and regulations.
    (d) Missouri must revise its approved program to adopt new changes 
to the Federal Subtitle C program in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Missouri must seek final 
authorization for all program revisions pursuant to section 3006(b) of 
RCRA, but, on a temporary basis, may seek interim authorization for 
revisions required by HSWA pursuant to section 3006(g) of RCRA, 42 
U.S.C. 6926(g). If Missouri obtains final authorization for the revised 
requirements pursuant to section 3006(g), the newly authorized 
provisions will be listed in Sec. 272.1301 of this subpart. If Missouri 
obtains interim authorization for the revised requirements pursuant to 
section 3006(g), the newly authorized provision will be listed in Sec. 
227.1302.

[54 FR 8193, Feb. 27, 1989]



Sec. 272.1301  State-administered program; Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Missouri has 
final authorization for the following elements as submitted to EPA in 
Missouri's program application for final authorization which was 
approved on November 20, 1985. Subsequent program revision applications 
were approved on February 27, 1989, and March 12, 1992. Copies may be 
obtained from the Hazardous Waste Program, Missouri Department of 
Natural Resources, P.O. Box 176, Jefferson City, Missouri 65102.
    (a) State statutes and regulations. (1) The Missouri statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (i) Missouri Statutory Requirements Applicable to the Hazardous 
Waste Management Program, 1990.
    (ii) Missouri Regulatory Requirements Applicable to the Hazardous 
Waste Management Program, December 31, 1990.
    (2) The following statutes and regulations, although not 
incorporated by reference for enforcement purposes, are part of the 
authorized State program. The statutory provisions include: 260.360(4), 
260.360(20)-260.377, 260.393-260.394, 260.400, 260.410-260.420, 260.425-
260.430. The regulatory provisions include 3.260(1)(A)24-3.260(1)(A)25, 
3.260(1)(B)-3.260(1)(D), 4.261(2)(D)3, 5.262(2)(B)2, 5.262(2)(C)2, 
5.262(2)(D)1, 6.263(2)(A)10.D-6.263(2)(A)10.I, 6.263(2)(D)3, 
7.264(2)(B)1, 7.265(2)(B), 7.266(2)(E)-7.266(2)(E)3, 7.268(2)(A)1, 
7.268(2)(A)3, 7.268(2)(E), 7.270(2)(B)12-7.270(2)(B)13, 7.270(2)(B)18, 
7.270(2)(C)1.D, 7.270(2)(C)3, 7.270(2)(D)4.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, and are not part of the authorized State 
program. The statutory provisions include: 260.360(13), 260.379, 
260.380-1.(10), 260.385(1), 260.390(8), 260.391, 260.395-1-260.295-5, 
260.395-7.(5)-260.395-7.(6), 260.396, 260.405, 260.423-260.424, 260.431-
260.434. The regulatory provisions include: 3.260(1)(A)21, 4.261(2)(A)6-
4.261(2)(D)2, 5.262(2)(I), 6.263(2)(A)3-6.263(2)(A)4, 7.264(2)(P), 
7.266(2)(C)-7.266(2)(D), 7.266(2)(E)4-7.266(2)(G), 7.270(2)(B)7-
7.270(2)(B)8, 7.270(2)(B)10, 7.270(2)(C)1.A, 7.270(2)(H).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VII and the Missouri Department of Natural Resources, signed by 
the EPA Regional Administrator on August 30, 1988, and the subsequent 
Agreement signed on August 31, 1992 are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. (1) ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Missouri on 
June 27, 1985, is codified as part of the authorized hazardous waste 
management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (2) ``Attorney General's Statement for Final Authorization of 
Changes to the Federal RCRA Program,'' signed by the delegated Assistant 
Attorney General of Missouri on December 1, 1987, and the subsequent 
Statement signed on February 28, 1992, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA; 
42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description and any other 
materials

[[Page 437]]

submitted as part of the original application or as supplements thereto 
are codified as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[54 FR 8193, Feb. 27, 1989, as amended at 58 FR 3500, Jan. 11, 1993]



Sec. Sec. 272.1302-272.1349  [Reserved]



                           Subpart BB_Montana



Sec. 272.1350  [Reserved]



Sec. 272.1351  Montana State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Montana 
has final authorization for the following elements as submitted to EPA 
in Montana's base program application for final authorization which was 
approved by EPA effective on July 25, 1984. Subsequent program revision 
applications were approved effective on, March 21, 1994, December 24, 
1996, December 26, 2000 and November 29, 2005.
    (b) The State of Montana has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 
6928, 6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory provisions.
    (c) State Statutes and Regulations. (1) The Montana regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the Montana 
regulations that are incorporated by reference in this paragraph are 
available from the Montana Secretary of State, Administrative Rules 
Bureau, P.O. Box 202801, Helena, MT 59620-2801 (Phone: 406-444-2055). 
You may inspect a copy at EPA Region 8, from 7 a.m. to 4 p.m., 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (i) The Binder entitled ``EPA Approved Montana Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated November 2005.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Montana Code Annotated (MCA) 2005, Title 2, ``Government 
Structure and Administration'': Chapter 3, ``Public Participation in 
Governmental Operations'', sections 2-3-102 introductory paragraph 
through 2-3-102(2), 2-3-103(1), 2-3-104, 2-3-105, 2-3-111, 2-3-112, 2-3-
221, 2-3-301; Chapter 4, ``Administrative Procedure Act'', sections 2-4-
103, 2-4-315; Chapter 6, ``Public Records'', sections 2-6-101 et seq.; 
Chapter 15, ``Executive Branch Officers and Agencies'', sections 2-15-
3501 and 2-15-3502.
    (ii) Montana Code Annotated (MCA) 2005, Title 25, ``Civil 
Procedure'': Chapter 20, ``Rules of Civil Procedure'', Rule 24(a).
    (iii) Montana Code Annotated (MCA) 2005, Title 27, ``Civil 
Liability, Remedies, and Limitations'': Chapter 30, ``Nuisances'', 
section 27-30-204.
    (iv) Montana Code Annotated (MCA) 2005, Title 30, ``Trade and 
Commerce'': Chapter 14, ``Unfair Trade Practices and Consumer 
Protection'', sections 30-14-402 et seq.
    (v) Montana Code Annotated (MCA) 2005, Title 75, ``Environmental 
Protection'': Chapter 10, ``Waste and Litter Control'', sections 75-10-
107, 75-10-402(3), 75-10-403, 75-10-404(1) introductory paragraph and 
(1)(a), 75-10-404(1)(e), 75-10-404(2), 75-10-405 (except 75-10-
405(1)(i), (1)(j) and (2)(a)), 75-10-406, 75-10-408, 75-10-409, 75-10-
410, 75-10-411, 75-10-413, 75-10-414, 75-10-415, 75-10-416, 75-10-417, 
75-10-418, 75-10-419, 75-10-420, 75-10-421, 75-10-422, 75-10-424, 75-10-
425, 75-10-426, 75-10-427, 75-10-441 and 75-10-442; Chapter 20, ``Major 
Facility Siting''.

[[Page 438]]

    (vi) Administrative Rules of Montana (ARM), effective April 1, 2005, 
Title 17, ``Environmental Quality'': Chapter 53, Hazardous Waste, 
sections 17.53.104, 17.53.201, 17.53.202 , 17.53.206, 17.53.207, 
17.53.208, 17.53.212, 17.53.213, 17.53.214, 17.53.215, 17.53.1202(5)(m), 
17.53.1202(6).
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
are not incorporated by reference and are not federally enforceable:
    (i) Montana Code Annotated (MCA) 2005, Title 75, ``Environmental 
Protection'': Chapter 10, ``Waste and Litter Control'', sections 75-10-
405(1)(i) & (j), 75-10-405(2)(a), 75-10-431, 75-10-432, 75-10-433, 75-
10-434.
    (ii) Administrative Rules of Montana (ARM), effective April 1, 2005, 
Title 17, ``Environmental Quality'', Chapter 53, Hazardous Waste, 
sections 17.53.112, 17.53.113, 17.53.703, and 17.53.1202(5)(l), and 
(17).
    (4) Memorandum of Agreement and Enforcement Agreement. The 
Memorandum of Agreement between EPA Region 8 and the State of Montana, 
signed by the State of Montana Department of Environmental Quality on 
November 30, 1993, and by the EPA Regional Administrator on December 25, 
1993, and the Enforcement Agreement between EPA Region 8 and the State 
of Montana, signed by the State of Montana Department of Environmental 
Quality on September 1, 2000, and by the EPA Regional Administrator on 
September 11, 2000, although not incorporated by reference, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Independent Legal Counsel 
Statement'', accompanied by an Attorney General concurrence letter 
signed by the Attorney General of Montana on December 27, 1983 as 
amended June 7, 1984 and revisions, supplements and addenda to that 
Statement accompanied by Attorney General concurrence letters dated 
September 23, 1993, March 28, 1995, June 29, 1995, and April 4, 2005 
although not incorporated by reference, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[71 FR 11538, Mar. 8, 2006]



Sec. Sec. 272.1352-272.1399  [Reserved]



                           Subpart CC_Nebraska



Sec. Sec. 272.1400-272.1449  [Reserved]



                            Subpart DD_Nevada



Sec. Sec. 272.1450-272.1499  [Reserved]



                        Subpart EE_New Hampshire



Sec. Sec. 272.1500-272.1549  [Reserved]



                          Subpart FF_New Jersey



Sec. Sec. 272.1550-272.1599  [Reserved]



                          Subpart GG_New Mexico



Sec. 272.1600  [Reserved]



Sec. 272.1601  New Mexico State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted New Mexico final authorization for the following elements as 
submitted to EPA in New Mexico's base program application for final 
authorization which was approved by EPA effective on January 25, 1985. 
Subsequent program revision applications were approved effective on 
April 10, 1990, July 25, 1990, December 4, 1992, August 23, 1994, 
December 21, 1994, July 10, 1995, January 2, 1996, March 10, 1997, 
October 9, 2001, October 16, 2007, May 26, 2009, and December 27, 2010.
    (b) The State of New Mexico has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.

[[Page 439]]

6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its own 
actions, as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations. (1) The New Mexico statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of 
the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies 
of the New Mexico regulations that are incorporated by reference in this 
paragraph from the New Mexico Commission of Public Records, State 
Records Center and Archives, Administrative Law Division, 1205 Camino 
Carlos Rey, Santa Fe, NM 87507. The statutes are available from Conway 
Greene Company, 1400 East 30th Street, Suite 402, Cleveland, OH 44114. 
You may inspect a copy at EPA Region 6, RCRA Permits Section (LCR-RP), 
Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas 75270, (Phone number (214) 665-8533 or 
(214) 665-2760), or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected], or go to: hwww.archives.gov/ federal-
register/ cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved New Mexico Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'' dated December 2010.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the State's 
implementation of the hazardous waste management program, but they are 
not being incorporated by reference and do not replace Federal 
authorities:
    (i) New Mexico Rules Annotated, Rules of Civil Procedure for the 
District Courts, Article 4, (1995), Section 1-024.
    (ii) New Mexico Statutes 1978 Annotated, Inspection of Public 
Records Act, Chapter 14, Article 2, (2009 Cumulative Supplement), 
Sections 14-2-1 et seq.
    (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74-4-4.1, 
74-4-4.7.B and .C, 74-4-5, 74-4-7, 74-4-10.1 (except 74-4-10.1.C), and 
74-4-14.
    (iv) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74-4-4, 
74-4-4.2.C through 74-4-4.2.F, 74-4-4.2.G(1), 74-4-4.2.H, 74-4-4.2.I, 
74-4-4.3 (except 74-4-4.3.A(2) and 74-4-4.3.F), 74-4-10, 74-4-11 through 
74-4-13.
    (v) Title 20, Chapter 4, Part 1, New Mexico Administrative Code, 
effective March 1, 2009, unless otherwise indicated: Sections 20.4.1.901 
(except 20.4.1.901.B.1 through 20.4.1.901.B.7, and 20.4.1.901.E), 
20.4.1.1100 (June 14, 2000), 20.4.1.1104 (June 14, 2000), 20.4.1.1105 
(June 14, 2000), and 20.4.1.1107 (October 1, 2003).
    (3)(i) The following statutory provisions are broader in scope than 
the Federal program, are not part of the authorized program, and are not 
incorporated by reference:
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2000 Replacement Pamphlet), Section 74-4-3.3.
    (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74-4-4.2.J 
and 74-4-4.2.K.
    (4) Unauthorized State Amendments.
    (i) The State's adoption of the Federal rules listed in the 
following table is not approved by the EPA and is therefore, not 
enforceable:

----------------------------------------------------------------------------------------------------------------
            Federal requirement                         Federal Register reference             Publication date
----------------------------------------------------------------------------------------------------------------
Biennial Report............................  48 FR 3977.....................................            01/28/83
Permit Rules; Settlement Agreement.........  48 FR 39611....................................            09/01/83
Interim Status Standards; Applicability....  48 FR 52718....................................            11/22/83
Chlorinated Aliphatic Hydrocarbon Listing    49 FR 5308.....................................            02/10/84
 (F024).
National Uniform Manifest..................  49 FR 10490....................................            03/20/84
National Performance Track Program.........  69 FR 21737....................................            04/24/04
                                             69 FR 62217....................................            10/24/04

[[Page 440]]

 
Performance Track provisions addressed in    71 FR 16862....................................            04/04/06
 the Burden Reduction Initiative Rule.
----------------------------------------------------------------------------------------------------------------

    (ii) In the New Mexico's Program Revision Application package for 
RCRA Clusters XIII through XVIII, the State indicates that it is seeking 
authorization for breaking and crushing of universal waste lamps under 
the universal waste program, in order to reduce their volume to 
facilitate management or transport to destination facilities (see 75 FR 
65432, Oct. 25, 2010). However, EPA did not authorize the breaking and 
crushing of universal waste lamps. The Agency needs further analysis to 
determine if the breaking and crushing of universal waste lamps will be 
authorized as part of the State's authorized program. Therefore, in this 
codification notice EPA has determined to exclude the lamp crushing 
provisions from this codification.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of New Mexico, signed by the EPA Regional 
Administrator on October 12, 2010, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of New Mexico 
January 1985, and revisions, supplements and addenda to that Statement 
dated April 13, 1988; September 14, 1988; July 19, 1989; July 23, 1992; 
February 14, 1994; July 18, 1994; July 20, 1994; August 11, 1994; 
November 28, 1994; August 24, 1995; January 12, 1996; June 14, 2000, 
August 3, 2006, September 15, 2008, and March 18, 2009, are referenced 
as part of the authorized hazardous waste management program under 
subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[77 FR 3156, Jan. 23, 2012, as amended at 84 FR 44231, Aug. 23, 2019]



Sec. Sec. 272.1602-272.1649  [Reserved]



                           Subpart HH_New York



Sec. 272.1650  [Reserved]



Sec. 272.1651  New York State-administered program: Final authorization.

    (a) New York State authorization. Pursuant to section 3006(b) of 
RCRA, 42 U.S.C. 6926(b), New York has final authorization for the 
following elements as submitted to EPA in New York's base program 
application for final authorization which was approved by EPA effective 
on May 29, 1986. Subsequent program revision applications were approved 
effective on July 3, 1989, May 7, 1990, October 29, 1991, May 22, 1992, 
August 28, 1995, October 14, 1997, January 15, 2002, March 14, 2005, 
August 31, 2009, January 12, 2010, and May 10, 2013.
    (b) Authorization enforcement. The State of New York has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable 
statutory and regulatory provisions, regardless of whether the State has 
taken its own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations--(1) Statutes and regulations 
that are incorporated by reference. The New York regulations cited in 
paragraph (c)(1)(i) of this section are incorporated by reference as 
part of the hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq. The Director of Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR

[[Page 441]]

part 51. You may obtain copies of the New York regulations that are 
incorporated by reference in this paragraph from West Publishing 
Company, 610 Opperman Drive, P.O. Box 64526, Eagan, MN 55164-0526; 
Phone: 1-800-328-4880; website: http://west.thomson.com. You may inspect 
a copy at EPA Region 2, 290 Broadway, 22nd Floor, New York, NY 10007 
(Phone number: (212) 637-3703), or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/ 
federal-register/cfr/ ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved New York Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated May 2013.
    (ii) [Reserved]
    (2) Statutes and regulations that are not incorporated. EPA 
considered the following statutes and regulations in evaluating the 
State program but is not incorporating them herein for enforcement 
purposes:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume, 
as revised by the 2004 Cumulative Pocket Part: Sections 1-0303(18), 3-
0301(1) (introductory paragraph); 3-0301(1)(a), (b), (m), (o), (w), (x) 
and (cc); 3-0301(2) introductory paragraph; 3-0301(2)(a), (b), (d) 
through (j), (l), (m), (q) and (z); 3-0301(4); 19-0301(1) (except 19-
0301(c), (e) and (f)); 19-0303(1) through (3); 19-0304; 23-2305; 23-
2307; 27-0105; 27-0701; 27-0703; 27-0705; 27-0707 (except 27-0707(2-c)); 
27-0711; 27-0900 through 27-0908; 27-0909 (except 27-0909(5)); 27-0910 
through 27-0922; 27-1105; 70-0101; 70-0103; 70-0105 (except 70-0105(3) 
and 70-0105(6)); 70-0107(1) and (2); 70-0107(3) introductory paragraph; 
70-0107(3)(l); 70-0109; 70-0113; 70-0115 (except (2)(c) and (d)); 70-
0117 (except 70-0117(5) through (7); 70-0119; 70-0121; 71-0301; 71-1719; 
71-2705; 71-2707; 71-2709 through 71-2715; 71-2717; 71-2720; and 71-
2727.
    (ii) McKinney's Consolidated Laws of New York, Book 1, Executive Law 
(EL), Article 6: Section 102.
    (iii) McKinney's Consolidated Laws of New York, Book 46, Public 
Officers Law (POL), as amended through 2004: Sections 87 and 89.
    (iv) McKinney's Consolidated Laws of New York, Book 7B, Civil 
Practice Law and Rules (CPLR), as amended through 2004: Sections 1013, 
6301; 6311; and 6313.
    (v) Electronic Signatures and Records Act (ESRA) State Technology 
Law (STL), Article 3, as amended effective August 17, 2009: Sections 305 
and 306.
    (vi) Title 6, New York Codes, Rules and Regulations (6 NYCRR), 
Volume A-2A, as amended effective through September 5, 2006: Sections 
372.1(f); 373-1.1(f) and (g); 373-1.4(b); 373-1.4(d) through (f); 373-
1.6(c); 621.1 through 621.4; 621.5 (except (d)(5), (d)(6)(i), 
(d)(7)(i)(a), (d)(7)(i)(c) and (d)(9)); 621.6 (except (b), (d)(4) and 
(d)(5)); 621.7; 621.8; 621.9 (except (a)(5), (c)(2) and (e)(2)); 621.10; 
621.11 (except (d)); 621.12 through 621.15; and 621.16 (except (b), (d) 
and (e)).
    (vii) Title 9, New York Codes, Rules and Regulations (9 NYCRR), Part 
540, Electronics Signature and Records Act, as amended effective May 7, 
2003: Sections 540.1 through 540.6.
    (3) Statutes and regulations that are broader in scope. The 
following statutory and regulatory provisions are broader in scope than 
the Federal program, are not part of the authorized program, are not 
incorporated by reference and are not federally enforceable:
    (i) Environmental Conservation Laws (ECL), 1997 Replacement Volume, 
as revised by the 2004 Cumulative Pocket Part: Sections 27-0301; 27-
0303; 27-0305; 27-0307; 27-0909(5); 27-0923; 27-0925 and 27-0926.
    (ii) Environmental Conservation Laws (ECL), 1997 Replacement Volume, 
as revised by the 2006 Cumulative Pocket Part: Section 27-1109(6).
    (iii) The following New York provisions are broader in scope because 
the State implements a Household Hazardous Waste program, whereas the 
Federal program excludes household waste from regulation as hazardous 
waste at 40 CFR 261.4(b)(1): Title 6, New York Codes, Rules and 
Regulations (6 NYCRR), as amended effective through September 5, 2006: 
Sections 370.2(b)(92) ``Household hazardous waste''; 370.2(b)(93) 
``Household hazardous waste collection facility''; and 373-4.

[[Page 442]]

    (iv) At 371.4(c), New York retains K064, K065, K066, K090 and K091 
as hazardous wastes while EPA has removed them from the table at 40 CFR 
261.32 and no longer regulates them as hazardous wastes (64 FR 56469; 
October 20, 1999).
    (v) In the following provisions of New York's hazardous waste 
regulations, the State cross-references Part 364 ``Waste Transporter 
Permits'' requirements, which sets forth transporter requirements 
regarding permit and financial liability requirements: 372.2(b)(5)(ii), 
372.3(a)(1), 372.3(a)(4), 372.3(b)(6)(iv), 372.3(d)(3), 373-
2.5(b)(3)(ii)(d) and (e), 373-1.7(h)(3), 373-3.5(b)(3)(ii)(d) and (e), 
374-3.4(a)(2), and Appendix 30 Instructions for Generators/Item 8. These 
provisions referencing the Part 364 transporter permit and financial 
liability requirements are broader in scope than the Federal program.
    (vi) New York did not adopt an analog to 40 CFR 261.4(g) that 
excludes certain dredged materials from the State definition of 
hazardous waste. Instead, the State subjects these materials to full 
regulation as hazardous wastes.
    (vii) New York State regulations do not incorporate the Mineral 
Processing Secondary Materials Exclusion at 40 CFR 261.4(a)(17) and the 
related changes affecting 40 CFR 261.2(c)(3) and (c)(4)/Table, and 40 
CFR 261.2(e)(1)(iii). Since New York did not adopt the exclusion at 40 
CFR 261.4(a)(17) the State has a broader in scope program because the 
effect is to include materials that are not considered solid waste by 
EPA.
    (viii) The following New York provisions are broader in scope 
because they include requirements associated with the regulation of PCB 
waste as a state-only hazardous waste: 371.4(e), 372.1(e)(9), 373-
1.1(d)(1)(x), 374-2.2(a)(9), 374-2.2(b) Table 1 and Footnote 2, 374-
2.5(e)(4), 374-2.6(d)(4), 374-2.7(d)(4), 376.1(g)(1)(i), and 376.4(f). 
PCB wastes are regulated under the Federal Toxic Substances Control Act 
(TSCA) at 40 CFR part 761 rather than under the Federal RCRA program.
    (ix) The New York provision at 373-1.4(c) is broader in scope 
because it includes siting certificate requirements which are not part 
of the Federal program.
    (x) The New York provision at 373-2.15(a)(2) is broader in scope 
because it subjects incinerators to not just limited portions of the 
State's Air regulations in the same manner as the Federal rules, but 
entire programs including air program-specific permits and 
registrations.
    (xi) The New York provisions at 374-2.5(a)(2) and 374-2.6(a)(2) 
cross-reference 360-14.1(a)(4), which sets forth transfer facility and 
processor/re-refiner requirements for these types of facilities co-
located at hazardous waste management facilities. These provisions 
referencing the Part 360 requirements are broader in scope than the 
Federal program because section 360-14.1(a)(4) may require used oil 
transfer facilities and processors/re-refiners managing non-hazardous 
used oil to be subject to State-only Part 360 provisions including 
permit requirements. The Federal program does not have an analogous 
permitting requirement for these types of facilities.
    (4) Vacated Federal rule. New York provisions at 371.1(e)(1)(xvi) 
and 371.4(i) are no longer considered to be part of New York's 
authorized program because the equivalent federal requirements were 
vacated by a federal court. The Federal Requirements ((Hazardous Waste 
Combustors; Revised Standards (HSWA) (40 CFR 261.4(a)(16) and 261.38 
only) were published on June 19, 1998. The New York regulations were 
authorized on January 11, 2005 (effective March 14, 2005). The State's 
authorized program was subsequently codified in 40 CFR part 272 on March 
26, 2007 (effective May 25, 2007). However, the corresponding Federal 
rules were later vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379; June 27, 2014). Consistent 
with the Court's vacatur, EPA issued a new final rule removing 40 CFR 
261.4(a)(16) and 261.38 from the Federal CFR (published on April 8, 
2015)
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 2 and the State of New York, signed by the Commissioner of the 
State of New York Department of Environmental Conservation on July

[[Page 443]]

20, 2001, and by the EPA Regional Administrator on January 16, 2002, 
although not incorporated by reference, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of New York in 
1985 and revisions, supplements, and addenda to that Statement dated 
August 18, 1988, July 26, 1989, August 15, 1991, October 11, 1991, July 
28, 1994, May 30, 1997, February 5, 2001, April 2, 2004, June 13, 2008 
(including three certifications), August 17, 2009, and May 22, 2012, 
although not incorporated by reference, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[83 FR 18439, Apr. 27, 2018]



Sec. Sec. 272.1652-272.1699  [Reserved]



                        Subpart II_North Carolina



Sec. Sec. 272.1700-272.1749  [Reserved]



                         Subpart JJ_North Dakota



Sec. 272.1750  [Reserved]



Sec. 272.1751  North Dakota State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), North 
Dakota has final authorization for the following elements as submitted 
to the EPA in North Dakota's base program application for final 
authorization which was approved by the EPA effective on October 19, 
1984. Subsequent program revision applications were approved effective 
on August 24, 1990, July 6, 1992, June 6, 1994, March 20, 2000, November 
25, 2005, April 14, 2008, and April 30, 2019.
    (b) The State of North Dakota has primary responsibility for 
enforcing its hazardous waste management program. However, the EPA 
retains the authority to exercise its inspection and enforcement 
authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 
42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its own 
actions, as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations:
    (1) The North Dakota statutes and regulations cited in paragraph 
(c)(1)(i) of this section are incorporated by reference as part of the 
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 
6921 et seq. This incorporation by reference is approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain copies of the North Dakota provisions that are 
incorporated by reference in this paragraph from North Dakota 
Legislative Council, Second Floor, State Capitol, 600 E Boulevard Ave., 
Bismarck, North Dakota 58505, phone (701) 328-2916. You may inspect a 
copy at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado, phone 
number (303) 312-6231, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/ federal-register/ cfr/ibr-locations.
    (i) ``EPA-Approved North Dakota Statutory and Regulatory 
Requirements Applicable to the Hazardous Waste Management Program,'' 
dated April 2019.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) North Dakota Century Code (NDCC), Volume 13A, 2012 Replacement. 
North Dakota Constitution, Article XI: Sections 5 and 6.
    (ii) NDCC, Volume 4A, 2017 Cumulative Supplement. Chapter 23.1-01 
``Department of Environmental Quality,'' Sections 23.1-01-04 and 23.1-
01-11;

[[Page 444]]

Chapter 23.1-04 ``Hazardous Waste Management,'' Sections 23.1-04-01(1) 
through (4), 23.1-04-02 introductory paragraph, (2), (3) through (8), 
(12) through (15), and (17); 23.1-04-03; 23.1-04-05; 23.1-04-08(3), (4), 
and (6); 23.1-04-12 through 23.1-04-16; and Chapter 23.1-08 ``Solid 
Waste Management and Land Protection,'' Section 23.1-08-03.
    (iii) NDCC, Volume 5, 2012 Replacement. Chapter 28-32 
``Administrative Agencies Practice Act,'' Sections 28-32-16 and 28-32-
21.1.
    (v) NDCC, Volume 6, 2012 Replacement. Chapter 32-40 ``Environmental 
Law Enforcement,'' Sections 32-40-03 through 32-40-11.
    (vi) NDCC, Volume 9A, 2012 Replacement, as amended by the 2017 
Pocket Supplement. Chapter 44-04 ``Duties, records and meetings,'' 
Sections 44-04-18 through 19.1.
    (vii) North Dakota Administrative Code (NDAC), Article 33.1-24, 
Hazardous Waste Management, as amended effective January 1, 2019. 
Sections 33.1-24-01-15; 33.1-24-01-16; 33.1-24-06-05, except .2.c; 33.1-
24-06-06.2; 33.1-24-06-09; 33.1-24-06-15.1.6 through .3.b; 33.1-24-07-
03.4; 33.1-24-07-04 through 33.1-24-07-14; 33.1-24-07-25 through 33.1-
24-07-27; and 33.1-24-07-40 through 33.1-24-07-54.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
are not incorporated by reference, and are not federally enforceable:
    (i) NDCC, 2017 Cumulative Supplement, Volume 4A, Chapter 23.1-01 
``Department of Environmental Quality,'' Section 23.1-01-05.
    (ii) North Dakota Century Code, Volume 4A, 2017 Cumulative 
Supplement. Chapter 23.1-04 ``Hazardous Waste Management,'' Sections 
23.1-04-02(1); and 23.1-04-09 through 23.1-04-11.
    (iii) North Dakota Administrative Code, Article 33.1-24, ``Hazardous 
Waste Management,'' as amended effective January 1, 2019, Sections 33.1-
24-03-03.4; 33.1-24-04-02.3; 33.1-24-05-02 second sentence; 33.1-24-06-
14.3.a(4); and 33.1-24-06-21.
    (iv) North Dakota's hazardous waste regulations set forth additional 
transporter requirements including permit requirements at 33.1-24-04-02. 
The transporter permit requirements are broader in scope than the 
Federal program.
    (4) Unauthorized State amendments and provisions:
    (i) North Dakota has partially or fully adopted, but is not 
authorized to implement, the Federal rule published in the Federal 
Register on October 22, 1998, Standards Applicable to Owners and 
Operators of Closed and Closing Hazardous Waste Management Facilities: 
Post-Closure Permit Requirement and Closure Process; Final Rule (HSWA/
non-HSWA). The EPA will continue to implement the Federal HSWA 
requirements for which North Dakota is not authorized until the State 
receives specific authorization for those requirements.
    (ii) The Federal rules listed in the following table are not 
delegable to states. North Dakota has adopted these provisions and left 
the authority to the EPA for implementation and enforcement.
    (iii) North Dakota has adopted the following Federal provisions from 
the Revisions to the Definition of Solid Waste Rule, published January 
13, 2015, which have since been vacated by the U.S. Court of Appeals for 
the District of Columbia Circuit in Am. Petroleum Inst. v. EPA, 862 F.3d 
50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No. 09-1038 (D.C. 
Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy Test and the 
Verified Recycler Exclusion aspects of the 2015 DSW Rule): One criterion 
in the determination of whether recycling is legitimate at 40 CFR 
260.43(a)(4); the verified recycler exclusion, which allowed generators 
to send their hazardous secondary materials to certain reclaimers at 40 
CFR 261.4(1)(24); and the associated provisions at 40 CFR 260.30(d) and 
260.31(d), which address the criteria in the variance determination for 
exceptions to the classification of hazardous secondary materials as a 
solid waste.
    (5) Memorandum of Agreement: The Memorandum of Agreement between the 
EPA Region 8 and the State of North Dakota, signed by the EPA Region 8 
Regional Administrator on December 5, 2018 and the Director of the North 
Dakota Department of Environmental Quality on December 4, 2018, although 
not incorporated by reference,

[[Page 445]]

is referenced as part of the authorized hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority: ``Attorney General's Statement: 
Hazardous Waste Management Program'' signed by the Attorney General of 
North Dakota on June 8, 1984, and revisions, supplements, and addenda to 
that Statement dated February 22, 1989, February 11, 1984, October 13, 
1999, April 23, 2004, August 19, 2004, December 5, 2016, and September 
29, 2018, although not incorporated by reference, are referenced as part 
of the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description: The Program Description and any other 
materials submitted as supplements thereto, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[84 FR 67877, Dec. 12, 2019]



Sec. Sec. 272.1752-272.1799  [Reserved]



                             Subpart KK_Ohio



Sec. 272.1800  State authorization.

    (a) The State of Ohio is authorized to administer and enforce a 
hazardous waste management program in lieu of the Federal program under 
subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA), 
42 U.S.C. 6291 et seq., subject to the Hazardous and Solid Waste 
Amendments of 1984 (HSWA) (Pub. L. 98-616, November 8, 1984), 42 U.S.C. 
6926 (c) and (g). The Federal program for which a State may receive 
authorization is defined in 40 CFR part 271. The State's program, as 
administered by the Ohio Environmental Protection Agency, was approved 
by EPA pursuant to 42 U.S.C. 6926(b) and part 271 of this chapter. EPA's 
approval of Ohio's base RCRA program was effective on June 30, 1989 (see 
54 FR 27173). EPA's approval of revisions to Ohio's base program was 
effective on June 7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 
FR 28088).
    (b) Ohio is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow much 
action in a Federal Register notice granting Ohio authorization on June 
7, 1991 (see 56 FR 14203) and August 19, 1991 (see 56 FR 28088).
    (c) Ohio has primary responsibility for enforcing its hazardous 
waste program. However, EPA retains the authority to exercise its 
enforcement authorities under Section 3007, 3008, 3013, and 7003 of 
RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as well as under other 
Federal laws and regulations.
    (d) Ohio must revise its approved program to adopt new changes to 
the Federal Subtitle C program, in accordance with section 3006(b) of 
RCRA and 40 CFR part 271, subpart A. Ohio must seek final authorization 
for all program revisions pursuant to section 3006(b) of RCRA but, on a 
temporary basis, may seek interim authorization for revisions required 
by HSWA pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(g). If Ohio 
obtains final authorization for the revised requirements pursuant to 
section 3006(b), the newly authorized provisions will be listed in 
272.1801 of this subpart. If Ohio in the future obtains interim 
authorization for the revised requirements pursuant to section 3006(g), 
the newly authorized provisions will be listed in Sec. 272.1802.

[54 FR 27173, June 28, 1989, as amended at 57 FR 4162, Feb. 4, 1992]



Sec. 272.1801  State-administered program: Final authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b): Ohio has 
final authorization for the following elements submitted to EPA in 
Ohio's program application for final authorization and approved by EPA 
effective on June 30, 1989 (see 54 FR 27173), June 7, 1991 (see 56 FR 
14203) and August 19, 1991 (see 56 FR 28088).
    (a) State Statutes and Regulations. (1) The following Ohio 
regulations are incorporated by reference and codified as part of the 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a). 
Ohio Administrative Code, volume 4, chapter

[[Page 446]]

3745, rules: 49-031; 50-01; 50-03; 50-10; 50-11; 50-31 through 50-32; 
50-40 through 50-44(C)(3)(j); 50-44(C)(4) through 50-44(C)(4)(k); 50-
44(C)(5) through 50-44(C)(5)(i); 50-44(C)(6) through 50-44(C)(7)(j); 50-
44(C)(8) through 51-03(C)(2)(b)(ii); 51-03 (D) and (E); 51-04 through 
51-05; 51-06(A)(1) through 51-06(A)(3)(g); 51-06(B) through 52-20(F); 
52-20 Appendix I through 52-34(F); 52-40 through 52-44; 52-50 through 
53-10; 53-11(D) through 53-20(H); 53-21 through 54-99; 55-02 through 55-
99; 56-20 through 56-31; 56-33 (A) and (B); 56-50 through 56-60; 56-70 
through 56-83; 57-01 through 57-14(B); 57-14(E); 57-15 through 57-18; 
57-40 through 58-40; 58-42; 58-43 through 58-44; 58-45(A) through 58-
45(E); 58-45(G); 58-46; 58-50 through 58-54; 58-60 through 65-01(C); 65-
01(E); 65-10 through 68-14(C); 68-14(F); 68-15 through 68-52; 68-70 
through 68-83; 68-011(A) through 68-011(E); 69-01 through 69-30 (OAC 
June 30, 1990, as supplemented by 1990-1991 Ohio Monthly Record, pages 
70-80 (July 1990)). Copies of the Ohio regulations that are incorporated 
by reference in this paragraph are available from Banks-Baldwin Law 
Publishing Company, P.O. Box 1974, University Center, Cleveland, Ohio 
44106-8697. Customer Service Department.
    (2) The following statutory provisions and regulations concerning 
State enforcement, although not codified herein for enforcement 
purposes, are part of the authorized State program:
    (i) Ohio Revised Code, title 1, chapter 119, sections: 01 through 
06.1, and 07 through 13; Ohio Revised Code, title 1, chapter 149, 
sections 011, 43, and 44 (Banks-Baldwin, 1990); Ohio Revised Code, title 
37, chapter 3734, sections: 01 through 05, 07, 09 through 14.1, 16 
through 17, 20 through 22, and 31 through 99 (Banks-Baldwin, 1990).
    (ii) Ohio Administrative Code, volume 4, chapter 3745, rules: 49-
031, 50-21 through 50-30, and 51-03(F) (OAC June 30, 1990, as 
supplemented by 1990-1991 Ohio Monthly Record, pages 70-80 (July, 
1990)).
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part of the authorized program, 
and are not codified for enforcement purposes.
    (i) Ohio Revised Code, Title 37, Chapter 3734, Sections: 06, 08, 18 
through 19, and 23 through 30 (Page, 1987).
    (ii) Ohio Administrative Code, Volume 4, Chapter 3745, Rules: 50-33 
through 50-37, and 53-11(A) through 53-11(C) (OAC June 30, 1988).
    (b) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region V and the Ohio Environmental Protection Agency signed by the EPA 
Regional Administrator on March 6, 1989, is codified as part of the 
authorized hazardous waste management program under Subtitle C of RCRA. 
42 U.S.C. 6921 et seq.
    (c) Statement of Legal Authority. (1) ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Ohio on 
July 1, 1985, and supplements to that Statement dated June 13, 1990, and 
October 15, 1990, are codified as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (2) Supplemental ``Attorney General's Statements for Final 
Authorization,'' and addenda to such Statements signed by the Attorney 
General of Ohio on December 30, 1988, and February 24, 1989, are 
codified as part of the authorized hazardous waste management program 
under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (d) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto dated November 8, 1990, and December 11, 1990, are 
codified as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[54 FR 27173, June 28, 1989, as amended at 57 FR 4162, Feb. 4, 1992]



Sec. Sec. 272.1802-272.1849  [Reserved]



                           Subpart LL_Oklahoma



Sec. 272.1850  [Reserved]



Sec. 272.1851  Oklahoma State-Administered program: Final authorization.

    (a) History of the State of Oklahoma authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the

[[Page 447]]

EPA granted Oklahoma final authorization for the following elements as 
submitted to EPA in Oklahoma's base program application for final 
authorization which was approved by EPA effective on January 10, 1985. 
Subsequent program revision applications were approved effective on June 
18, 1990, November 27, 1990, June 3, 1991, November 19, 1991, November 
29, 1993, December 21, 1994, April 27, 1995, December 23, 1996 (as 
corrected effective March 14, 1997), July 14, 1998 and November 23, 
1998, February 8, 1999, May 30, 2000, July 10, 2000, March 5, 2001, June 
9, 2003, April 6, 2009, June 6, 2011, May 14, 2012, July 29, 2013, 
October 28, 2014, September 11, 2017, and March 13, 2019.
    (b) Enforcement authority. The State of Oklahoma has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable 
statutory and regulatory provisions, regardless of whether the State has 
taken its own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations--(1) Incorporation by reference. 
The Oklahoma statutes and regulations cited in paragraph (c)(1)(i) of 
this section are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Oklahoma regulations that are incorporated by 
reference in this paragraph (c)(1) from the State's Office of 
Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma City, 
OK 73152-3390; Phone number: 405-521-4911; website: https://
www.sos.ok.gov/ oar/Default.aspx. The statutes are available from 
Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-
888-728-7677; website: http://legalsolutions .thomsonreuters.com. You 
may inspect a copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270 (Phone number (214) 665-8533), or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, email [email protected], or go to: http://
www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (i) The compilation entitled ``EPA-Approved Oklahoma Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', March 2019. Only those provisions that have been authorized 
by EPA are incorporated by reference. Those provisions are listed in 
appendix A to this part.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Oklahoma Environmental Crimes Act, as amended through August 26, 
2016, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meeting Act, as amended through August 26, 2016, 
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes (O.S.), Title 27A, ``Environment and Natural 
Resources'', as amended through August 26, 2016: Chapter 1, ``Oklahoma 
Environmental Quality Act'', Sections 1-1-101 et seq.; Chapter 2, 
``Oklahoma Environmental Quality Code'', Sections 2-2-101, 2-2-104, 2-2-
201, 2-3-101(F)(1), 2-3-104, 2-3-202, and 2-3-501 through 2-3-504; 
``Oklahoma Hazardous Waste Management Act'', Sections 2-7-102, 2-7-104, 
2-7-105 (except 2-7-105(27), 2-7-105(29) and 2-7-105(34)), 2-7-106, 2-7-
107, 2-7-108(B)(2), 2-7-109, 2-7-110(A), 2-7-111(C)(2)(b) and (c), 2-7-
111(C)(3), 2-7-113.1, 2-7-114, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-
116(I)(1), 2-7-117, 2-7-123 (except 2-7-123(F), 2-7-126, and 2-7-129 
through 2-7-133; ``Oklahoma Uniform Environmental Permitting Act'', 
Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended through August 26, 2016, 
51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through 
August

[[Page 448]]

26, 2016, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
Hazardous Waste Management, effective September 15, 2017 (2016 Edition, 
as amended by the 2017 Supplement): Subchapter 1, Sections 252:205-1-
1(b), 252:205-1-3(a) and (b), 252:205-1-4(a) through (d); Subchapter 3, 
Sections 252:205-3-2(a) introductory paragraph, (a)(1), and (a)(3); 
Subchapter 11, Section 252:205-11-3.
    (3) Related legal provisions. The following statutory and regulatory 
provisions are broader in scope than the Federal program, are not part 
of the authorized program, and are not incorporated by reference:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statutes (O.S.) as amended through August 26, 2016, Sections 2-
7-119, 2-7-121, 2-7-121.1, and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
effective September 15, 2017 (2016 Edition, as amended by the 2017 
Supplement): Subchapter 1, Sections 252:205-1-1(c)(2) and (3), 252:205-
1-2 ``RRSIA''. 252:205-1-2 ``Reuse'', 252:205-1-2 ``Speculative 
accumulation'', 252:205-1-2 ``Transfer facility'', 252:205-1-2 
``Transfer station'', 252:205-1-4(e); Subchapter 5, Section 252:205-5-
1(4); Subchapter 15; Subchapter 17; Subchapter 21; Subchapter 23; and 
252:205 Appendices B, C and D.
    (4) Unauthorized State Amendments. (i) Oklahoma has adopted, but is 
not authorized to implement, the Federal rules that are listed in the 
table in this paragraph (c)(4)(i). The EPA will continue to implement 
the Federal Hazardous and Solid Waste Act Amendments of 1984 (HSWA) 
requirements for which Oklahoma is not authorized until the State 
receives specific authorization for those requirements. The EPA will not 
enforce the non-HSWA Federal rules although they may be enforceable 
under State law. For those Federal rules that contain both HSWA and non-
HSWA requirements, the EPA will enforce only the HSWA portions of the 
rules.

                     Table 1 to Paragraph (c)(4)(i)
------------------------------------------------------------------------
                                     Federal Register       Publication
       Federal requirement               reference             date
------------------------------------------------------------------------
Listing of Spent Pickle Liquor    55 FR 28697                     8/3/87
 (K062), (Correction 2) (Non-
 HSWA) (Rule 26.2).
Land Disposal Restrictions for    55 FR 22520                     6/1/90
 Third Third Scheduled Wastes
 (40 CFR 261.33(c) only) (Non-
 HSWA) (Rule 78N).
Toxicity Characteristics;         55 FR 40834                    10/5/90
 Hydrocarbon Recovery Operations  56 FR 3978                      2/1/91
 (HSWA) (Checklist 80).           56 FR 13406                     4/2/91
Toxicity Characteristics;         56 FR 5910                     2/13/91
 Chlorofluorocarbon Refrigerants
 (HSWA) (Checklist 84).
Administrative Stay for K069      56 FR 19951                     5/1/91
 Listing (Non-HSWA) (Checklist
 88).
Amendments to Interim Status      56 FR 66365                   12/23/91
 Standards for Downgradient
 Ground-water Monitoring Well
 Locations (Non-HSWA) (Checklist
 99).
Hazardous Waste Management        59 FR 47980                    9/19/94
 System; Testing and Monitoring
 Activities, Land Disposal
 Restrictions Correction (Non-
 HSWA) (Rule 126.1).
Hazardous Waste Management        60 FR 25619                    5/12/95
 System; Carbamate Production
 Identification and Listing of
 Hazardous Waste; Correction
 (Non-HSWA) (Rule 140.2).
Removal of Legally Obsolete       60 FR 33912                    6/29/95
 Rules (HSWA/Non-HSWA)
 (Checklist 144).
Inorganic Chemical Manufacturing  67 FR 17119                     4/9/02
 Wastes; Land Disposal
 Restrictions for Newly
 Identified Wastes; Correction
 (HSWA/Non-HSWA) (Rule 195.1).
Methods Innovation: SW-846 (HSWA/ 70 FR 34538                    6/14/05
 Non-HSWA) (Checklist 208).       70 FR 44150                     8/1/05
Definition of Solid Waste (Non-   80 FR 1694                     1/13/15
 HSWA) (Checklist 233).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table in this paragraph 
(c)(4)(ii) are not delegable to States. Oklahoma has excluded the rules 
from its incorporation by reference of the Federal regulations. EPA 
retains its authority for the implementation and enforcement of these 
rules.

[[Page 449]]



                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
           Federal requirement                Federal Register reference              Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:    61 FR 16290                      April 12, 1996.
 Implementation of OECD Council Decision
 (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of     75 FR 1236                       January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Terminated Federal program. Oklahoma adopted and was authorized 
for the following Federal program as amended, which has since been 
terminated by the U.S. EPA:

                                           Table 3 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
           Federal requirement                Federal Register reference              Publication date
----------------------------------------------------------------------------------------------------------------
National Environmental Performance Track   69 FR 21737                      April 22, 2004.
 Program (Checklist 204).
National Environmental Performance Track   69 FR 62217                      October 25, 2004.
 Program; Corrections (Rule 204.1).
Burden Reduction Initiative (Checklist     71 FR 16862                      April 4, 2006.
 213); amendments to the following
 provisions regarding Performance Track:
 40 CFR 260.10, 264.15, 264.174, 264.195,
 264.1101, 265.15, 265.174, 265.195,
 265.201, 265.1101, 270.42(l) and Item
 O.1 of Appendix I to 270.42..
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of Oklahoma, signed by the EPA Regional 
Administrator on May 15, 2013, is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921, et seq.
    (7) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Oklahoma 
January 20, 1984 and revisions, supplements, and addenda to that 
Statement dated January 14, 1988 (as amended July 20, 1989); December 
22, 1988 (as amended June 7, 1989 and August 13, 1990); November 20, 
1989; November 16, 1990; November 6, 1992; June 24, 1994; December 8, 
1994; March 4, 1996; April 15, 1997; February 6, 1998, December 2, 1998, 
October 15, 1999, May 31, 2000, October 15, 2001, June 27, 2003, March 
1, 2005, July 12, 2005, July 03, 2006, August 25, 2008, December 23, 
2009, October 11, 2010, October 31, 2011, July 27, 2012, July 1, 2013, 
June 22, 2015, and March 22, 2017 are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[85 FR 6813, Feb. 6, 2020]



Sec. Sec. 272.1852-272.1899  [Reserved]



                            Subpart MM_Oregon



Sec. Sec. 272.1900-272.1949  [Reserved]



                         Subpart NN_Pennsylvania



Sec. Sec. 272.1950-272.1999  [Reserved]



                         Subpart OO_Rhode Island



Sec. Sec. 272.2000-272.2049  [Reserved]



                        Subpart PP_South Carolina



Sec. Sec. 272.2050-272.2099  [Reserved]



                         Subpart QQ_South Dakota



Sec. 272.2100  [Reserved]



Sec. 272.2101  South Dakota State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), South 
Dakota has final authorization for the following elements as submitted 
to EPA

[[Page 450]]

in South Dakota's base program application for final authorization which 
was approved by EPA effective on November 2, 1984. Subsequent program 
revision applications were approved effective on June 17, 1991, November 
8, 1993, March 11, 1994, September 23, 1996, June 8, 2000, May 24, 2004, 
March 8, 2006, August 8, 2012 and August 23, 2016.
    (b) The State of South Dakota has primary responsibility for 
enforcing its hazardous waste management program. However, EPA retains 
the authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 
6928, 6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory provisions.
    (c) State Statutes and Regulations. (1) The South Dakota regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies 
of the South Dakota regulations that are incorporated by reference in 
this paragraph from South Dakota Legislative Research Council, 3rd 
Floor, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 
57501, (Phone: (605) 773-3251). You may inspect a copy at EPA Region 8, 
1595 Wynkoop Street, Denver, Colorado, phone number (303) 312-6231, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/ federal-register/cfr/ ibr-
locations.html.
    (i) The Binder entitled ``EPA-Approved South Dakota Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated February 2016.
    (ii) [Reserved]
    (2) EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) South Dakota Codified Laws (SDCL), as amended, 2013 Revision, 
Title 1, State Affairs and Government: Chapter 1-26, Administrative 
Procedures and Rules, sections 1-26-1(1), 1-26-1(4), 1-26-1(8) 
introductory paragraph, 1-26-1(8)(a), 1-26-2, 1-26-6.6, 1-26-16 through 
1-26-19, 1-26-19.1, 1-26-19.2, 1-26-21, 1-26-27, 1-26-29, 1-26-30, 1-26-
30.1, 1-26-30.2, 1-26-30.4, 1-26-31, 1-26-31.1, 1-26-31.2, 1-26-31.4, 1-
26-35 and 1-26-36; Chapter 1-27, Public Records and Files, sections 1-
27-1, 1-27-3, 1-27-9(2) and 1-27-28, 1-27-31; Chapter 1-32, Executive 
Reorganization, section 1-32-1(1); Chapter 1-40, Department of Natural 
Resources, sections 1-40-4.1, 1-40-24, 1-40-31 and 1-40-34.
    (ii) SDCL, as amended, 2013 Revision, Title 15, Civil Procedure: 
Chapter 15-6, Rules of Procedure in Circuit Courts, section 15-6-24(a)-
(c).
    (iii) SDCL, as amended, 2013 Revision, Title 19, Evidence: Chapter 
19-13, Privileges, sections 19-13-2(1), 19-13-2(5), 19-13-3, 19-13-20 
and 19-13-22.
    (iv) SDCL, as amended, 2013 Revision, Title 21, Judicial Remedies: 
Chapter 21-8, Injunction, section 21-8-1.
    (v) SDCL, as amended, 2013 Revision, Title 22, Crimes: Chapter 22-6, 
Authorized Punishments, sections 22-6-1 introductory paragraph and 22-6-
1(7).
    (vi) SDCL, as amended, 2013 Revision, Title 23, Law Enforcement: 
Chapter 23-5, Criminal Identification, sections 23-5-1, 23-5-10(1), 23-
5-10(3), 23-5-10(4) and 23-5-11 first sentence; Chapter 23-6, Criminal 
Statistics, section 23-6-4.
    (vii) SDCL, as amended, 2013 Revision, Title 34, Public Health and 
Safety: Chapter 34-21, Radiation and Uranium Resources Exposure Control, 
section 34-21-2(7).
    (viii) SDCL, as amended, 2013 Revision, Title 34A, Environmental 
Protection: Chapter 34A-6, Solid Waste Disposal, section 34A-6-1.3(17); 
Chapter 34A-10, Remedies for Protection of Environment, sections 34A-10-
1, 34A-10-2, 34A-10-5, 34A-10-11, 34A-10-14 and 34A-10-16, Chapter 34A-
11, Hazardous Waste Management, sections 34A-11-1, 34A-11-2 through 34A-
11-4, 34A-11-5, 34A-11-8 through 34A-11-12, 34A-11-13 through 34A-11-16, 
34A-11-17 through 34A-11-19, 34A-11-21 and 34A-11-22; Chapter 34A-12, 
Regulated Substance Discharges, sections 34A-12-1(8), 34A-12-4, 34A-12-
6,

[[Page 451]]

34A-12-8 through 34A-12-13, 34A-12-13.1 and 34A-12-14.
    (ix) SDCL, as amended, 2013 Revision, Title 37, Trade Regulation, 
Chapter 37-29, Uniform Trade Secrets Act, section 37-29-1(4).
    (x) Administrative Rules of South Dakota (ARSD), Article 74:08, 
Administrative Fees, effective October 10, 2013: Chapter 74:08:01, Fees 
for Records Reproduction, sections 74:08:01:01 through 74:08:01:07.
    (3) The following statutory provisions are broader in scope than the 
Federal program, are not part of the authorized program, are not 
incorporated by reference and are not federally enforceable:
    (i) SDCL, as amended, 2013 Revision, Title 34A, Environmental 
Protection, Chapter 34A-11, Hazardous Waste Management, sections 34A-11-
12.1, 34A-11-16.1, 34A-11-25 and 34A-11-26.
    (ii) [Reserved]
    (4) Unauthorized state amendments. (i) South Dakota has adopted but 
is not authorized for the following federal final rules:
    (A) Removal of Legally Obsolete Rules (HSWA/non-HSWA) [60 FR 33912, 
06/29/95];
    (B) Imports and Exports of Hazardous Waste: Implementation of OECD 
Council Division (HSWA--Not delegable to States) [61 FR 16290, 04/12/
96];
    (C) Clarification of Standards for Hazard Waste Land Disposal 
Restriction Treatment Variances (HSWA) [62 FR 64504, 12/05/97];
    (D) Hazardous Waste Combustors; Revised Standards (Non-HSWA--Vacated 
by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. 
Cir. No. 98-1379 and 98-1379; June 27, 2014) [63 FR 33782, 6/19/98];
    (E) Vacatur of Organobromide Production Waste Listings (HSWA) [65 FR 
14472, 03/17/00];
    (F) National Environmental Performance Track Program (Non-HSWA--
terminated by EPA (74 FR 22741, 5/14/09)) [69 FR 21737, 4/22/04; as 
amended by 69 FR 62217, 10/25/04 and 71 FR 16862, 4/4/06];
    (G) Exclusion of Oil-Bearing Secondary Materials Processed in a 
Gasification System to Produce Synthesis Gas (Non-HSWA--Vacated by the 
U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. 
No. 98-1379 and 98-1379; June 27, 2014) [73 FR 52, 1/2/08];
    (H) Revisions to the Definition of Solid Waste (Non-HSWA) [73 FR 
64668, 10/30/08];
    (I) OECD Requirements; Export Shipments of Spent Lead Acid Batteries 
(Non-HSWA--Not delegable to States) [75 FR 1236, 1/8/10]; and
    (J) Withdrawal of the Emission Comparable Fuel Exclusion (Non-HSWA--
Vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014) [75 FR 33712, 
6/15/10].
    (ii) Those federal rules written under RCRA provisions that predate 
HSWA (non-HSWA) which the State has adopted, but for which it is not 
authorized, are not federally enforceable. In contrast, EPA will 
continue to enforce the Federal HSWA standards for which South Dakota is 
not authorized until the State receives specific authorization from the 
EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 8 and the State of South Dakota, signed by the Secretary of the 
South Dakota Department of Natural Resources on December 14, 2015, and 
by the EPA Regional Administrator on February 18, 2016, although not 
incorporated by reference, is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization,'' signed by the Attorney General of South Dakota on 
May 24, 1984, and revisions, supplements and addenda to that Statement 
dated January 14, 1991, September 11, 1992, September 25, 1992, April 1, 
1993, September 24, 1993, December 29, 1994, September 5, 1995, October 
23, 1997, October 27, 1997, October 28, 1997, November 5, 1999, June 26, 
2000, June 18, 2002, October 19, 2004, May 11, 2009 and May 5, 2015, 
although not incorporated by reference, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated by 
reference,

[[Page 452]]

are referenced as part of the authorized hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[81 FR 41227, June 24, 2016]



Sec. Sec. 272.2102-272.2149  [Reserved]



                          Subpart RR_Tennessee



Sec. Sec. 272.2150-272.2199  [Reserved]



                            Subpart SS_Texas



Sec. 272.2200  [Reserved]



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

    (a) History of the State of Texas authorization. Pursuant to section 
3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Texas final 
authorization for the following elements as submitted to EPA in Texas' 
Base program application for final authorization which was approved by 
EPA effective on December 26, 1984. Subsequent program revision 
applications were approved effective on October 4, 1985, February 17, 
1987, March 15, 1990, July 23, 1990, October 21, 1991, December 4, 1992, 
June 27, 1994, November 26, 1997, December 3, 1997, October 18, 1999, 
November 15, 1999, September 11, 2000, June 14, 2005, December 29, 2008, 
July 13, 2009, May 6, 2011, May 7, 2012, January 9, 2013, November 3, 
2014, December 21, 2015, February 26, 2016, and April 10, 2020.
    (b) Enforcement authority. The State of Texas has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable 
statutory and regulatory provisions, regardless of whether the State has 
taken its own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations--(1) Incorporation by reference. 
The Texas statutes and regulations cited in paragraph (c)(1)(i) of this 
section are incorporated by reference as part of the hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. This 
incorporation by reference is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Texas statutes and regulations that are 
incorporated by reference in this paragraph from Thomson Reuters, 610 
Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: http://
legalsolutions .thomsonreuters.com. You may inspect a copy at EPA Region 
6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, Phone number: (214) 
665-8533, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
[email protected], or go to: http://www.archives.gov/ federal-
register/cfr/ ibr-locations.html.
    (i) ``EPA-Approved Texas Statutory and Regulatory Requirements 
Applicable to the Hazardous Waste Management Program'', dated December 
2015.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010, as 
amended by the 2015 Cumulative Annual Pocket Part, effective September 
1, 2015); Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), 
sections 361.002, 361.016, 361.017, 361.018, 361.0215(b)(2) and (b)(3), 
361.023, 361.024, 361.029, 361.032, 361.033, 361.035, 361.036, 
361.037(a), 361.061, 361.063, 361.0635, 361.064, 361.0641, 361.066(b) 
and (c), 361.0666, 361.067, 361.068, 361.069, 361.078, 361.079, 
361.0791, 361.080, 361.081, 361.082 (except 361.082(a) and (f)), 
361.083, 361.0833, 361.084, 361.085, 361.0861(c), 361.0871(b), 361.088, 
361.0885, 361.089 (2015 Cumulative Annual Pocket Part), 361.090, 
361.095(b) through (f), 361.096, 361.097, 361.098, 361.099(a), 361.100, 
361.101, 361.102 through 361.109, 361.113, 361.114, 361.116, 361.271 
(2015 Cumulative Annual Pocket Part), 361.272 through 361.275, 361.278, 
361.301, 361.321(a) and (b), 361.321(c) (except the phrase ``Except as 
provided by Section 361.322(a)''), 361.321(d), 361.321(e) (except the 
phrase

[[Page 453]]

``Except as provided by Section 361.322(e)''), 361.451, 361.501 through 
361.506, and 361.509(a) introductory paragraph, (a)(11), (b), (c) 
introductory paragraph, and (c)(2); Chapter 371, Texas Used Oil 
Collection, Management, and Recycling Act, sections 371.0025(b) and (c), 
371.024(a), (c) and (d), 371.026(a) and (b), and 371.028.
    (ii) Texas Water Code (TWC), as amended effective September 1, 2015: 
Chapter 5, sections 5.102 through 5.105, 5.112, 5.177, 5.351, 5.501 
through 5.505, 5.509 through 5.512, 5.515, and 5.551 through 5.557; 
Chapter 7, sections 7.031, 7.032, 7.051(a), 7.052(a), 7.052(c) and (d), 
7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102, 7.104, 
7.105, 7.107, 7.110, 7.162, 7.163, 7.176, 7.187(a), 7.189, 7.190, 
7.252(1), 7.351, 7.353; Chapter 26, sections 26.001(13), 26.011, 26.020 
through 26.022, 26.039, and 26.341 through 26.367; and Chapter 27, 
sections 27.003, 27.017(a), 27.018(a)--(d), and 27.019.
    (iii) Texas Government Code as amended effective September 1, 2015, 
section 311.027.
    (iv) Texas Rules of Civil Procedure, as amended effective September 
1, 2015, Rule 60.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014:
    (A) Chapter 10; Chapter 39, sections 39.5(g) and (h), 39.11, 39.13 
(except (10)), 39.103 (except (f) and (h)), 39.105, 39.107, 39.109, 
39.403(b)(1), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (b)(11), 
and (b)(13)), 39.413 (except (10)), 39.420 (except (c) and (d)), 39.503 
(except the reference to 39.405(h) in (d) introductory paragraph, and 
(g)), and 39.801 through 39.810;
    (B) Chapter 50, sections 50.13, 50.19, 50.39, 50.113 (except (d)), 
50.117(f), 50.119, 50.133, and 50.139;
    (C) Chapter 55, sections 55.25(a) and (b), 55.27 (except (b)), 
55.152(a)(3), 55.152(b), 55.154, 55.156 (except (d)--(g)), 55.201 
(except as applicable to contested case hearings), and 55.211 (except as 
applicable to contested case hearings);
    (D) Chapter 70, section 70.10;
    (E) Chapter 281, sections 281.1 (except the clause ``except as 
provided by . . . Prioritization Process)''), 281.2 introductory 
paragraph and (4), 281.3(a) and (b), 281.5 (except the clause ``Except 
as provided by . . . Discharge Permits)'' and the phrases ``subsurface 
area drip dispersal systems'' and ``radioactive material'' in the 
introductory paragraph), 281.17(d) (except the references to radioactive 
material licenses), 281.17(e) and (f), 281.18(a) (except for the 
sentence ``For applications for radioactive . . . within thirty 
days.''), 281.19(a) (except the last sentence), 281.19(b) (except the 
phrase ``Except as provided in subsection (c) of this section,''), 
281.20, 281.21(a) (except ``and 32'' and the phrase ``and the Texas 
Radiation Control Act.''), 281.21(b), 281.21(c) (except the phrase 
``radioactive materials,'' in 281.21(c)(2)), 281.21(d), 281.22(a) 
(except the phrase ``For applications for radioactive . . . to deny the 
license.''), 281.22(b) (except the phrase ``or an injection well,'' in 
the first sentence and the phrase ``For underground injection wells . . 
. the same facility or activity.''), 281.23(a), and 281.24;
    (F) Chapter 305, sections, 305.29, 305.30, 305.64(d) and (f), 
305.66(c), 305.66(e) (except for the last sentence), 305.66(f) through 
(l), 305.123 (except the phrases ``and 32'' and ``and 401''), 305.125(1) 
and (3), 305.125(20), 305.127(1)(B)(i), 305.127(4)(A) and (C), 305.127 
(6), 305.401 (except the text ``Sec. 55.21 of this title (relating to 
Requests for Contested Case Hearings, Public Comment)'' at (b), and 
305.401(c)); and
    (G) Chapter 335, sections 335.2(b), 335.43(b), 335.206, 335.391 
through 335.393.
    (3) Related legal provisions. The following statutory and regulatory 
provisions are broader in scope than the Federal program, are not part 
of the authorized program, and are not incorporated by reference:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act (TSWDA), sections 
361.131 through 361.140; Chapter 371, Texas Used Oil Collection, 
Management, and Recycling Act, sections 371.021, 371.022, 371.024(e), 
371.0245, 371.0246, 371.025, and 371.026(c).
    (ii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 2015, as amended, effective through December 31, 2014: Chapter 
305, sections 305.53, 305.64(b)(4), and 305.69(b)(1)(A) (as

[[Page 454]]

it relates to the Application Fee); Chapter 335, sections 335.321 
through 335.332, Appendices I and II, and 335.401 through 335.412.
    (4) Unauthorized State amendments and provisions. (i) The following 
authorized provisions of the Texas regulations include amendments 
published in the Texas Register that are not approved by EPA. Such 
unauthorized amendments are not part of the State's authorized program 
and are, therefore, not Federally enforceable. Thus, notwithstanding the 
language in the Texas hazardous waste regulations incorporated by 
reference at paragraph (c)(1)(i) of this section, EPA will enforce the 
State provisions that are actually authorized by EPA. The effective 
dates of the State's authorized provisions are listed in the Table 
below. The actual State regulatory text authorized by EPA (i.e., without 
the unauthorized amendments) is available as a separate document, 
Addendum to the EPA-Approved Texas Regulatory and Statutory Requirements 
Applicable to the Hazardous Waste Management Program, December, 2015. 
Copies of the document can be obtained from EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas 75270.

                                         Table 1 to Paragraph (c)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                          Effective date               Unauthorized State amendments
   State provision (December 31, 2014)     of authorized -------------------------------------------------------
                                             provision           Texas Register reference         Effective date
----------------------------------------------------------------------------------------------------------------
335.6(a)................................         7/29/92  18 TexReg 2799........................         5/12/93
                                                          22 TexReg 12060.......................        12/15/97
                                                          23 TexReg 10878.......................        10/19/98
335.6(c) introductory paragraph.........         7/29/92  17 TexReg 8010........................        11/27/92
                                                          20 TexReg 2709........................         4/24/95
                                                          20 TexReg 3722........................         5/30/95
                                                          21 TexReg 1425........................          3/1/96
                                                          21 TexReg 2400........................          3/6/96
                                                          22 TexReg 12060.......................        12/15/97
                                                          23 TexReg 10878.......................        10/19/98
                                                          26 TexReg 9135........................        11/15/01
335.6(g)................................         7/29/92  18 TexReg 3814........................         6/28/93
                                                          22 TexReg 12060.......................        12/15/97
                                                          23 TexReg 10878.......................        10/19/98
335.24(b) introductory paragraph........          3/1/96  21 TexReg 10983.......................        11/20/96
                                                          23 TexReg 10878.......................        10/19/98
                                                          38 TexReg 970.........................         2/21/13
335.24(c) introductory paragraph........          3/1/96  21 TexReg 10983.......................        11/20/96
                                                          23 TexReg 10878.......................        10/19/98
                                                          38 TexReg 970.........................         2/21/13
335.45(b)...............................          9/1/86  17 TexReg 5017........................         7/29/92
335.204(a)(1)...........................         5/28/86  16 TexReg 6065........................         11/7/91
335.204(b)(1)...........................         5/28/86  16 TexReg 6065........................         11/7/91
335.204(b)(6)...........................         5/28/86  16 TexReg 6065........................         11/7/91
335.204(c)(1)...........................         5/28/86  16 TexReg 6065........................         11/7/91
335.204(d)(1)...........................         5/28/86  16 TexReg 6065........................         11/7/91
335.204(e)(6)...........................         5/28/86  16 TexReg 6065........................         11/7/91
----------------------------------------------------------------------------------------------------------------

    (ii) Texas has partially or fully adopted, but is not authorized to 
implement, the Federal rules that are listed in the following table. The 
EPA will continue to implement the Federal HSWA requirements for which 
Texas is not authorized until the State receives specific authorization 
for those requirements. The EPA will not enforce the non-HSWA Federal 
rules although they may be enforceable under State law. For those 
Federal rules that contain both HSWA and non-HSWA requirements, the EPA 
will enforce only the HSWA portions of the rules.

[[Page 455]]



                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Clarification of Standards for           62 FR 64504.......................  December 5, 1997.
 Hazardous Waste LDR Treatment
 Variances (HSWA) (Checklist 162).
Organobromine Production Wastes;         64 FR 36365.......................  June 8, 2000.
 Petroleum Refining Wastes;
 Identification and Listing of
 Hazardous Waste; Land Disposal
 Restrictions (HSWA) (Checklist 187).
Zinc Fertilizers Made from Recycled      67 FR 48393.......................  July 24, 2002.
 Hazardous Secondary Materials (HSWA
 and Non-HSWA) (Checklist 200).
----------------------------------------------------------------------------------------------------------------

    (iii) The Federal rules listed in the table below are not delegable 
to States. Texas has adopted these provisions and left the authority to 
the EPA for implementation and enforcement.

                                        Table 3 to Paragraph (c)(4)(iii)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:  61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council
 Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of   75 FR 1236........................  January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (iv) Texas has chosen not to adopt, and is not authorized to 
implement, the following optional Federal rules:

                                         Table 4 to Paragraph (c)(4)(iv)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
NESHAPS Second Technical Correction,     66 FR 24270.......................  May 14, 2001.
 Vacatur (Non-HSWA) (Checklist Rule
 188.1).
Storage, Treatment, Transportation and   66 FR 27218.......................  May 16, 2001.
 Disposal of Mixed Waste (Non-HSWA)
 (Checklist 191).
Inorganic Chemical Manufacturing Waste   67 FR 17119.......................  April 9, 2002.
 Identification and Listing (HSWA/Non-
 HSWA) (Checklist Rule 195.1).
Land Disposal Restrictions: National     67 FR 62618.......................  October 7, 2002.
 Treatment Variance to Designate New
 Treatment Subcategories for
 Radioactively Contaminated Cadmium,
 Mercury-Containing Batteries and
 Silver-Containing Batteries (HSWA)
 (Checklist 201).
NESHAP: Surface Coating of Automobiles   69 FR 22601.......................  April 26, 2004.
 and Light-Duty Trucks (Non-HSWA)
 (Checklist 205).
Revisions to the Definition of Solid     73 FR 64668.......................  October 30, 2008.
 Waste (Non-HSWA) (Checklist 219).
Expansion of RCRA Comparable Fuel        73 FR 77954.......................  December 19, 2008.
 Exclusion (Non-HSWA) (Checklist 221).
Withdrawal of the Emission Comparable    75 FR 33712.......................  June 15, 2010.
 Fuel Exclusion (Non-HSWA) (Checklist
 224).
Removal of Saccharin and Its Salts from  75 FR 78918.......................  December 17, 2010.
 the Lists of Hazardous Constituents
 (Non-HSWA) (Checklist Rule 225).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rules. Texas adopted and was authorized for the 
Federal rules listed in the Table below which have since been vacated by 
the U.S. Court of Appeals for the District of Columbia Circuit (D.C. 
Cir. No. 98-1379 and 08-1144, respectively; June 27, 2014). The effect 
of the vacaturs on Texas is that the previously authorized comparable 
fuels and gasification rules from the State program are no longer be 
considered part of the Federally authorized program. Thus, EPA may bring 
enforcement actions under RCRA Section 3008 at facilities that do not

[[Page 456]]

comply with the RCRA hazardous waste regulations.

                                           Table 5 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised      63 FR 33782.......................  June 19, 1998.
 Standards (HSWA) (Checklist 168--40
 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary       73 FR 57..........................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas
 (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and
 amendment to 40 CFR 261.4(a)(12)(i)).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of Texas was signed by the Executive Director of 
the Texas Commission on Environmental Quality (TCEQ) on December 20, 
2011, and by the EPA Regional Administrator on February 17, 2012. The 
2012 Memorandum of Agreement was re-certified by the Executive Director 
of the TCEQ on March 26, 2015, and the EPA Regional Administrator on 
September 30, 2015, and is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Texas on May 
22, 1984 and revisions, supplements, and addenda to that Statement dated 
November 21, 1986, July 21, 1988, December 4, 1989, April 11, 1990, July 
31, 1991, February 25, 1992, November 30, 1992, March 8, 1993, January 
7, 1994, August 9, 1996, October 16, 1996, as amended February 7, 1997, 
March 11, 1997, January 5, 1999, November 2, 1999, March 1, 2002, July 
16, 2008, December 6, 2011, February 12, 2013, and June 10, 2016] are 
referenced as part of the authorized hazardous waste management program 
under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

[85 FR 20190, Apr. 10, 2020]



Sec. Sec. 272.2202-272.2249  [Reserved]



                             Subpart TT_Utah



Sec. 272.2251  Utah State-Administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Utah has 
Final authorization for the following elements as submitted to EPA in 
Utah's base program application for Final authorization which was 
approved by EPA effective on October 24, 1984. Subsequent program 
revision applications were approved effective on March 7, 1989; July 22, 
1991; July 14, 1992; April 13, 1993; December 13, 1994; July 21, 1997; 
and March 15, 1999.
    (b) State statutes and regulations. (1) The Utah regulations cited 
in this paragraph are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. 
Copies of the Utah regulations that are incorporated by reference in 
this paragraph are available from the Utah Department of Environmental 
Quality, 288 North 1460 West, Salt Lake City, Utah 84114-4880, Phone 
(801) 538-6776.
    (i) The EPA Approved Utah Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, dated March 1999.
    (ii) [Reserved]
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:

[[Page 457]]

    (i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 
Supplement, Title 19: Sections 19-1-306(2), 19-1-306(3), 19-6-102 
introductory paragraph, 19-6-102(1) & (2), 19-6-102(6)-(9), 19-6-
102(11), 19-6-102(13)-(21), 19-6-102.1, 19-6-103, 19-6-104(1) except 
(1)(j), 19-6-105(1) introductory paragraph, 19-6-105(1)(a)-(f), 19-6-
105(1)(i) & (j), 19-6-105(2), 19-6-106, 19-6-107, 19-6-109, 19-6-111, 
19-6-112, 19-6-113(1) through (4), 19-6-113(6), 19-6-114, 19-6-115, and 
19-6-116.
    (ii) Utah Code Annotated, Volume 6D, 1997 Replacement and 1999 
Supplement, Title 63: Sections 63-2-103 through 63-2-105, 63-2-201 
through 63-2-203 (except 63-2-203(10)), 63-2-204, 63-2-205, 63-2-301 
through 63-2-308, 63-2-401 through 63-2-405, and 63-2-802.
    (iii) Utah Code Annotated, Volume 3, 1953 as amended 1987, Title 26, 
Chapter 14: Section 26-14-8.
    (iv) Utah Administrative Code revised as of January 3, 1989: R450-
3.1.1(b) & (c) and R450-3-2.4(b).
    (v) Utah Administrative Code revised as of February 15, 1996: 
Sections R315-2-14, R315-3-3(i)(1)&(3), R315-3-11(a), (b) & (f), R315-3-
16(b), R315-3-23(b)(1) & (2), R315-3-23(c) & (d), R315-3-24(a) through 
R315-3-29, and R315-3-34.
    (vi) Utah Administrative Code revised as of May 15, 1996: Section 
R315-15-1.1(j) & (k).
    (3) The following statutory and regulatory provisions are broader-
in-scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 
Supplement, Title 19: Sections 19-6-105(3), 19-6-113(5), 19-6-118, 19-6-
120, and 19-6-121.
    (ii) Utah Administrative Code revised as of February 15, 1996. EPA 
considers Utah's listing of all P999 and some F999 wastes (specifically: 
nerve, military, and chemical agents) as more stringent than the Federal 
rule. To the extent that unused chemical agents, as produced, exhibit a 
hazardous waste reactivity characteristic, they are considered hazardous 
waste and, thus, are regulated under Federal rule. Utah's listing of 
these wastes enhances the degree of regulatory control regarding these 
wastes. EPA also considers Utah's rule as broader-in-scope than the 
federal rule for those F999 process wastes which do not exhibit a 
characteristic for hazardous waste and would not be regulated under 
Federal rule. R315-2-10(e)(1), 315-2-11(e) introductory paragraph and 
R315-2-11(e)(1) are broader-in-scope regarding these wastes.
    (iii) Utah Administrative Code, as of May 15, 1996: R315-15-7.1(d), 
R315-15-10, R315-15-11 with respect to used oil transfer and off-
specification used oil burning facilities, and R315-15-12 through R315-
15-15 except R315-15-13.5(d).
    (4) Unauthorized State provisions: (i) Although the Federal rules 
listed in the following table have been adopted by the State and have 
been included in the materials incorporated by reference in paragraph 
(b)(1) of this Section, EPA has not authorized the State for these rules 
at this time. While they may be enforceable under State law, they are 
not enforceable under RCRA:

------------------------------------------------------------------------
                                                             Publication
     Federal requirement        Federal Register reference       date
------------------------------------------------------------------------
Standards for Generators of    53 FR 45089                       11/8/88
 Hazardous Waste; Manifest
 Renewal (Revision Checklist
 58).
Removal of Legally Obsolete    60 FR 33912                       6/29/95
 Rules (Non-HSWA provisions)
 (Revision Checklist 144).
Testing and Monitoring         62 FR 32452                       6/13/97
 Activities Amendment III
 (Revision Checklist 158).
------------------------------------------------------------------------

    (ii) Additionally Utah has adopted but is not authorized to 
implement the HSWA rules that are listed below in lieu of EPA. EPA will 
continue to implement the Federal HSWA requirements for which Utah is 
not authorized until the State receives specific authorization for those 
requirements.

------------------------------------------------------------------------
                                                             Publication
     Federal requirement        Federal Register reference       date
------------------------------------------------------------------------
Removal of Legally Obsolete    60 FR 33912                       6/29/95
 Rules (HSWA provisions)
 (Revision Checklist 144).

[[Page 458]]

 
Land Disposal Restrictions     61 FR 15566;                      4/8/96;
 Phase III--Decharacterized    61 FR 15660;                      4/8/96;
 Wastewaters, Carbamate
 Wastes, and Spent Potliners
 (Revision Checklist 151).
                               61 FR 19117;                     4/30/96;
                               61 FR 33680;                     6/28/96;
                               61 FR 36419;                     7/10/96;
                               61 FR 43924;                     8/26/96;
                               62 FR 7502                        2/19/97
Organic Air Emission           59 FR 62896                       12/6/94
 Standards for Tanks, Surface
 Impoundments, and
 Containers--formerly
 Revision Checklist 138 (Rule
 154.1).
Land Disposal Restrictions     62 FR 1992                        1/14/97
 Phase III--Emergency
 Extension of the K088
 Capacity Variance (Revision
 Checklist 155).
Land Disposal Restrictions--   62 FR 25998                       5/12/97
 Phase IV (Revision Checklist
 157).
Carbamate Production,          62 FR 32974                       6/17/97
 Identification and Listing
 of Hazardous Waste; Land
 Disposal Restrictions
 (Conformance With the
 Carbamate Vacatur) (Revision
 Checklist 159).
------------------------------------------------------------------------

    (5) Unauthorized State amendments. The following authorized 
provisions of the Utah regulations include amendments published in the 
Utah State Bulletin that are not approved by EPA. Such unauthorized 
amendments are not part of the State's authorized program and are, 
therefore, not Federally enforceable. Thus, notwithstanding the language 
in the Utah hazardous waste regulations incorporated by reference at 
Sec. 272.2251(b)(1), EPA will only enforce the authorized State 
provisions with the effective dates indicated in the table below. The 
actual State regulatory text authorized by EPA for the listed provisions 
is available as a separate document, Addendum to the EPA-Approved Utah 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program, March 1999. Copies of the document can be obtained from U.S. 
EPA Region VIII, 999 18th St., Suite 500, Denver, Colorado 80202-2466, 
phone (303) 312-6139.

----------------------------------------------------------------------------------------------------------------
                                                                          Unauthorized State amendments
           State provision                 State reference     -------------------------------------------------
                                                                    State reference           Effective date
----------------------------------------------------------------------------------------------------------------
R315-2-1(b)(2)(ii)...................  9/24/86................  DAR 12647..............  5/29/92
R315-7-11.3(b).......................  1/3/89.................  DAR 12652..............  5/29/92
R315-7-12.6(g).......................  Base...................  DAR 09632..............  1/3/89
----------------------------------------------------------------------------------------------------------------

    At R315-3-23(f)(3)(iv), Utah's analog to 40 CFR 270.33(b)(3)(iv), 
the State has a printing error in its regulations. The State will fix 
this error in its next rule making. For the codification, the authorized 
version of the provision will also be included in the Addendum to the 
EPA-Approved Utah Regulatory Requirements Applicable to the Hazardous 
Waste Management Program, March 1999.
    (6) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the Utah Department of Environmental Quality, signed by 
the EPA Regional Administrator on October 4, 1994, is referenced as part 
of the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Utah on January 
16, 1984, and revisions, supplements and addenda to that Statement dated 
October 29, 1986, March 6, 1991, September 17, 1991, September 223, 
1992, November 19, 1993, March 16, 1994, March 20, 1995, November 13, 
1997, and March 2, 1999, are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (8) Program description. The Program description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program

[[Page 459]]

under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[66 FR 58971, Nov. 26, 2002]



Sec. Sec. 272.2252-272.2299  [Reserved]



                           Subpart UU_Vermont



Sec. Sec. 272.2300-272.2349  [Reserved]



                           Subpart VV_Virginia



Sec. Sec. 272.2350-272.2399  [Reserved]



                          Subpart WW_Washington



Sec. Sec. 272.2400-272.2449  [Reserved]



                        Subpart XX_West Virginia



Sec. Sec. 272.2450-272.2499  [Reserved]



                          Subpart YY_Wisconsin



Sec. 272.2500  [Reserved]



Sec. 272.2501  Wisconsin State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), 
Wisconsin has final authorization for the following elements as 
submitted to EPA in Wisconsin's base program application for final 
authorization which was approved by EPA effective on January 31, 1986. 
Subsequent program revision applications were approved effective on June 
6, 1989, January 22, 1990, April 24, 1992, August 2, 1993, October 4, 
1994, October 4, 1999, June 26, 2002, April 15, 2009, and April 17, 
2009.
    (b) The State of Wisconsin has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, and 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its own 
actions, as well as in accordance with other statutory and regulatory 
provisions.
    (c) State Statutes and Regulations.
    (1) The Wisconsin regulations referenced in paragraph (c)(1)(i) of 
this section are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. (See Sec. 272.2). The director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. You may obtain copies of the Wisconsin regulations 
(Wisconsin Administrative Code) that are incorporated by reference in 
this paragraph from: Reference Bureau, One East Main Street, Suite 200, 
Madison, Wisconsin 53701-2037. You may inspect a copy at EPA Region 5, 
from 8 a.m. to 4 p.m., 77 West Jackson Boulevard, Chicago, Illinois, 
60604, or at the National Archives and Records Administration (NARA). 
For more information on the availability of this material at NARA, call 
202-741-6030, or go to: http://www.archives.gov/ federal-register/cfr/ 
ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Wisconsin Department of 
Natural Resources Regulatory and Statutory Requirements Applicable to 
the Hazardous Waste Program,'' May 2009. Only those provisions that have 
been authorized by EPA are incorporated by reference. These regulatory 
provisions are listed in Appendix A to Part 272.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the State's 
implementation of the hazardous waste management program, but they are 
not being incorporated by reference and do not replace Federal 
authorities: Wisconsin Statutes, Sections 13.93(2m)(b)7, 19.21, 19.31, 
19.32(2) and (5), 19.35(3) and (4), 19.36, 19.37(1) and (2), 23.32(1), 
101.055, 141.05(47), 227.14, 227.51, 283.01(7) and (12), 283.11, 
283.21(2), 283.31, 283.33, 287.07(1m)(a) and (am), 287.15, 287.18, 
287.189, 289.22(1m) and (2), 289.25-289.28, 289.30(3), 289.33(6), 
289.34, 289.41(1)(a),(b), (c) and (m), (3)(a)(5), (4) and (5)(d), (6) 
and (7), 289.61-289.68, 289.91-289.97, 291.01(7), (17), and (21), 291.05 
(1)-(7), 291.11, 291.15, 291.21, 291.23, 291.25, 291.25(4), 291.37, 
291.85-291.97, 291.97(1), 292, 292.11, 295.01(2)(c), 299.45(1)(a), 
803.09 and 985.05. Copies of the Wisconsin Statutes are available from: 
Legislative Reference Bureau, One East Main Street, Suite 200, Madison, 
Wisconsin 53701-2037.
    (3) The following statutory and regulatory provisions are broader in 
scope than the Federal program, are not part

[[Page 460]]

of the authorized program, and are not incorporated by reference:
    (i) The Wisconsin Administrative Code, 2006/2007 Edition, Sections 
NR 665.0071(1)(b)6, 666.900-666.905, 666.909, 666.910, 670.007, and 
670.427, chapter NR 670 Appendix II: Hazardous Waste Fee Table, and 
section NR 673.08.
    (ii) [Reserved]
    (4) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 5 and the State of Wisconsin (WDNR), signed by the EPA Regional 
Administrator on October 23, 2008, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement for 
Final Authorization,'' signed by the Attorney General of Wisconsin on 
July 23, 1985, and revisions, supplements and addenda to that Statement 
dated December 27, 1985, June 30, 1987, July 22, 1987, March 29, 1988, 
December 10, 1991, February 25, 1994, April 27, 1999, September 18, 
2000, and October 31, 2007 are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.

[76 FR 26619, May 9, 2011]



Sec. Sec. 272.2502-272.2549  [Reserved]



                           Subpart ZZ_Wyoming



Sec. 272.2550  [Reserved]



Sec. 272.2551  Wyoming State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming 
has final authorization for the following elements as submitted to the 
EPA in Wyoming's base program application for final authorization which 
was approved by the EPA effective on October 18, 1995. Subsequent 
program revision applications were approved effective on August 6, 2001 
and August 23, 2016.
    (b) The State of Wyoming has primary responsibility for enforcing 
its hazardous waste management program. However, the EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 
6928, 6934, 6973, and any other applicable statutory and regulatory 
provisions, regardless of whether the State has taken its own actions, 
as well as in accordance with other statutory and regulatory provisions.
    (c) State statutes and regulations. (1) The Wyoming regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies 
of the Wyoming regulations that are incorporated by reference in this 
paragraph from Wyoming Secretary of State's Office, The Capitol 
Building, Room B-10, 200 West 24th Street, Cheyenne, Wyoming 82002-0020, 
(Phone: 307-777-5407). You may inspect a copy at the EPA Region 8, 1595 
Wynkoop Street, Denver, Colorado, phone number (303) 312-6231, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Wyoming Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated March, 2016.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Wyoming Statutes Annotated (W.S.), as amended, 2015 Edition, 
Title 16, City, County, State, and Local Powers: Chapter 1, 
Intergovernmental Cooperation, section 16-1-101; Chapter 3, 
Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-
107(k); Chapter 4, Uniform Municipal Fiscal

[[Page 461]]

Procedures, Public Records, Documents and Meetings, sections 16-4-201, 
16-4-203(d)(i), 16-4-203(d)(v).
    (ii) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 1, General 
Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-
103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108 
through 35-11-115; Article 5, Solid Waste Management, sections 35-11-501 
through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through 35-
11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518 through 
35-11-520; Article 9, Penalties, sections 35-11-901(a), (j), and (k); 
Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-11-
1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of 
Contaminated Sites, section 35-11-1607(e).
    (iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
    (iv) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 1(a) through (d); 2(c) and (d); 124 (except 
124(a)(v)); 260(b)(ii); and 270(o) through 270(q).
    (v) Wyoming Department of Environmental Quality, Rules of Practice 
and Procedure, as amended February 14, 1994, Chapter III.
    (3) The following statutory provisions are broader in scope than the 
Federal program, are not part of the authorized program, are not 
incorporated by reference and are not federally enforceable:
    (i) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste 
Management, section 35-11-517; Chapter 12, Industrial Development and 
Siting, sections 35-12-101, et seq.
    (ii) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 264(e)(i) [with respect to the Wyoming Voluntary 
Remediation Program only]; 264(e)(ii); and 270(n).
    (iii) [Reserved]
    (4) Unauthorized state amendments. (i) Wyoming has adopted but is 
not authorized for the following Federal final rules:
    (A) Imports and Exports of Hazardous Waste: Implementation of OECD 
Council Division [61 FR 16290, 04/12/96] (HSWA--Not delegable to 
States);
    (B) Hazardous Waste Combustors; Revised Standards [63 FR 33782, 6/
19/98] (Non-HSWA--Vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (C) Exclusion of Oil-Bearing Secondary Materials Processed in a 
Gasification System to Produce Synthesis Gas [73 FR 52, 1/2/08] (Non-
HSWA--Vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (D) OECD Requirements; Export Shipments of Spent Lead Acid Batteries 
[75 FR 1236, 1/8/10] (Non-HSWA--Not delegable to States);
    (E) Withdrawal of the Emission Comparable Fuel Exclusion [75 FR 
33712, 6/15/10] (Non-HSWA--Vacated by the U.S. Court of Appeals for the 
District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 
27, 2014); and
    (F) Revisions to the Definition of Solid Waste [73 FR 64668, 10/30/
08].
    (ii) Those Federal rules written under RCRA provisions that predate 
HSWA (non-HSWA) which the State has adopted, but for which it is not 
authorized, are not federally enforceable. In contrast, the EPA will 
continue to enforce the Federal HSWA standards for which Wyoming is not 
authorized until the State receives specific authorization from EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between the 
EPA, Region 8 and the State of Wyoming, signed by the State of Wyoming 
Department of Environmental Quality on July 19, 2012, and by the EPA 
Regional Administrator on July 27, 2012, although not incorporated by 
reference, is referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement for 
Final Authorization'', signed by the Attorney General of Wyoming on July 
14, 1995, and revisions, supplements and addenda to that Statement dated 
December 9, 1997 and May 11, 2015, although

[[Page 462]]

not incorporated by reference, are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[81 FR 41234, June 24, 2016]



                            Subpart AAA_Guam



Sec. Sec. 272.2600-272.2649  [Reserved]



                         Subpart BBB_Puerto Rico



Sec. Sec. 272.2650-272.2699  [Reserved]



                       Subpart CCC_Virgin Islands



Sec. Sec. 272.2700-272.2749  [Reserved]



                       Subpart DDD_American Samoa



Sec. Sec. 272.2750-272.2799  [Reserved]



        Subpart EEE_Commonwealth of the Northern Mariana Islands



Sec. Sec. 272.2800-272.2849  [Reserved]





             Sec. Appendix A to Part 272--State Requirements

    The following is an informational listing of the State and local 
requirements incorporated in part 272 of the Code of Federal 
Regulations:

                                 Arizona

    The statutory provisions include:
    Arizona Laws Relating to Environmental Quality, 1993 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-921 and 
49-922. Copies of the Arizona statutes can be obtained from the State 
Bar of Arizona, 111 West Munroe, Suite 1800, Phoenix, Arizona 85003-
1742.
    The regulatory provisions include:
    Arizona Administrative Code, Title 18, Chapter 8, December 31, 1994, 
Sections R18-8-260.A through R18-8-260.C, R18-8-260.E through R18-8-
260.H; R18-8-261.A through R18-8-261.I; R18-8-261.K; R18-8-262; R18-8-
263; R18-8-264; R18-8-265; R18-8-266; R18-8-268; R18-8-270.A through 
R18-8-270.F; R18-8-270.H through R18-8-270.Q; and R18-8-271.A through 
R18-8-271.E. Copies of the Arizona regulations can be obtained from the 
Arizona Secretary of State, Publications, Notary, Charitable 
Solicitation & Telemarketing Division, 1700 West Washington, 7th Floor, 
Phoenix, Arizona 85007-2808.

                                Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended 
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7, 
Subchapter 2: Sections 8-7-202, 8-7-203, 8-7-215, 8-7-216, 8-7-219, 8-7-
221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 10, 
Subchapter 3: Section 8-10-301(d).
    Copies of the Arkansas statutes that are incorporated by reference 
are available from LexisNexis, 9443 Springboro Pike, Miamisburg, Ohio 
45342; Phone: (800) 833-9844; Web site: http://www.lexisnexis.com/ 
store/us.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission Regulation 
No. 23, Hazardous Waste Management, as amended September 25, 2015 
effective October 18, 2015. Please note that the 2015 APC&E Commission 
Regulation No. 23, is the most recent version of the Arkansas authorized 
hazardous waste regulations. For a few provisions, the authorized 
versions are found in the APC&E Commission Regulation 23, effective 
January 21, 1996, March 23, 2006, June 13, 2010, or August 12, 2012. 
Arkansas made subsequent changes to these provisions but these changes 
have not been authorized by EPA. The provisions from the January 21, 
1996, March 23, 2006, June 13, 2010, or August 12, 2012 regulations are 
noted below.
    Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2); 3(b)(4); 
Section 260--Hazardous Waste Management System--General--260.1; 260.3; 
260.10 (except the definitions of ``consolidation'', ``gasification'', 
and the phrase ``a written permit issued by the Arkansas Highway and 
Transportation Department authorizing a person to transport hazardous 
waste (Hazardous Waste Transportation Permit), or'' in the definition 
for ``permit''; 260.11; 260.20 (except 260.20(c) through (f); 260.21; 
260.23; 260.30 through 260.33; 260.40; and 260.41.
    Section 261--Identification and Listing of Hazardous Waste -261.1; 
261.2; 261.3; 261.4(a) (except the phrase ``gasification (as defined in 
Sec. 260.10 of this Regulation),'' in 261.4(a)(12)(i); 261.4(b) through 
(h); 261.5; 261.6 (except (a)(5)); 261.7 through 261.11; 261.20 through 
261.24; 261.30 through 261.33; 261.35;

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261.39 through 261.41; and Appendices I, VII, and VIII.
    Section 262--Standards Applicable to Generators of Hazardous Waste--
262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except 262.13(c)); 
262.20; 262.22 through 262.25; 262.26 (except 262.26(d)); 262.27; 
262.30; 262.31 through 262.35; 262.40; 262.41 (except 262.41(e) and 
(f)); 262.41(e) (except references to PCBs) (January 21, 1996); 262.42; 
262.43; 262.50 through 262.58; 262.60 (except 262.60(e)); 262.70; 
262.200 through 262.216; and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous 
Waste--263.10 (except 263.10(d) and (e)); 263.11; 263.12; 263.20 (except 
263.20(g)(4)); 263.21; 263.22; 263.25; 263.30; and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous Waste 
Treatment, Storage, and Disposal Facilities--264.1; 264.3; 264.4; 
264.10; 264.11; 264.12 (except 264.12(a)(2)); 264.13 through 264.19; 
264.20(a) through (c); 264.30 through 264.35; 264.37; 264.50 through 
264.56; 264.70; 264.71 (except 264.71(a)(3), (d), and (e)); 264.72 
through 264.74; 264.75; 264.76(a); 264.77; 264.90 through 264.101; 
264.110 through 264.120; 264.140; 264.141 (except the definition of 
``captive insurance'' at 264.141(f)); 264.142; 264.143 (except the last 
sentence of 264.143(e)(1)); 264.144; 264.145 (except the last sentence 
of 264.145(e)(1)); 264.146; 264.147 (except the last sentences of 
264.147(a)(1)(i) and 264.147(b)(1)(ii)); 264.148; 264.151; 264.170 
through 264.179; 264.190 through 264.200; 264.220 through 264.223; 
264.226 through 264.232; 264.250 through 264.254; 264.256 through 
264.259; 264.270 through 264.273; 264.276; 264.278 through 264.283; 
264.300 through 264.304; 264.309; 264.310; 264.312(a); 264.313; 264.314; 
264.314(a)(4) (June 13, 2010); 264.315 through 264.317; 264.340 through 
264.345; 264.347; 264.351; 264.550 through 264.555; 264.570 through 
264.575; 264.600 through 264.603; 264.1030 through 264.1036; 264.1050 
through 264.1065; 264.1080 through 264.1090; 264.1100 through 264.1102; 
264.1200 through.1202; and Appendices I, IV, V, and IX.
    Section 265--Interim Status Standards for Owners and Operators of 
Hazardous Waste Treatment, Storage, and Disposal Facilities--265.1; 
265.4; 265.10; 265.11; 265.12 (except 265.12(a)(2)); 265.13 through 
265.19; 265.30 through 265.35; 265.37; 265.50 through 265.56; 265.70; 
265.71 (except 265.71(a)(3), (d), and (e)); 265.72 through 265.75; 
265.76(a); 265.77; 265.90 through 265.94; 265.110 through 265.121; 
265.140; 265.141 (except the definition of ``captive insurance'' at 
265.141(f)); 265.142; 265.143 (except the last sentence of 
265.143(d)(1)); 265.144; 265.145; 265.146; 265.147 (except the last 
sentences of 265.147(a)(1) and 265.147(b)(1)); 265.148; 265.170 through 
265.174; 265.176 through 265.178; 265.190 through 265.202; 265.220 
through 265.226; 265.228 through 265.231; 265.250 through 265.260; 
265.270; 265.272; 265.273; 265.276; 265.278 through 265.282; 265.300 
through 265.304; 265.309; 265.310; 265.312(a); 265.313; 265.314; 
265.314(a)(4) (March 23, 2006); 265.315; 265.316; 265.340; 265.341; 
265.345; 265.347; 265.351; 265.352; 265.370; 265.373; 265.375; 265.377; 
265.381 through 265.383; 265.400 through 265.406; 265.430; 265.440 
through 265.445; 265.1030 through 265.1035; 265.1050 through 265.1064; 
265.1080 through 265.1090; 265.1100 through 265.1102; 265.1200 through 
265.1202; Appendix I; and Appendices III through VI.
    Section 266--Standards for the Management of Specific Hazardous 
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23; 266.70(a); 266.70(b) introductory paragraph 
through (b)(2) (August 12, 2012); 266.70(c) and (d); 266.80 (except 
items 6 and 7 to the 266.80(a) table); 266.100 through 266.112; 266.200 
through 266.206; 266.210; 266.220; 266.225; 266.230; 266.235; 266.240; 
266.245; 266.250; 266.255; 266.260; 266.305; 266.310; 266.315; 266.320; 
266.325; 266.330; 266.335; 266.340; 266.345; 266.350; 266.355; 266.360; 
and Appendices I through XIII.
    Section 267--Standards for Owners and Operators of Hazardous Waste 
Facilities Operating Under a Standardized Permit--267.1 through 267.3; 
267.10 through 267.18; 267.30 through 267.36; 267.50 through 267.58; 
267.70 through 267.76; 267.90; 267.101; 267.110 through 267.113; 267.115 
through 267.117; 267.140 through 267.143; 267.147 through 267.151; 
267.170 through 267.177; 267.190 through 267.204; and 267.1100 through 
267.1108.
    Section 268--Land Disposal Restrictions--268.1; 268.2 through 268.4, 
268.7; 268.9; 268.13; 268.14; 268.20, 268.30 through 268.39; 268.40 
(except 268.40(e)(1)--(4) and 268.40(i)); 268.41; 268.42 (except 
268.42(b)); 268.43; 268.45; 268.46; 268.48 through 268.50; and 
Appendices III, IV, VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste 
Permit Program--270.1 through 270.6; 270.7 (except 270.7(h) and (j)); 
270.10 (except 270.10(e)(8)); 270.11 through 270.33; 270.40; 270.41; 
270.42; 270.42 Appendix I; 270.43; 270.50; 270.51; 270.60 through 
270.68; 270.70 through 270.73; 270.79; 270.80; 270.85; 270.90; 270.95; 
270.100; 270.105; 270.110; 270.115; 270.120; 270.125; 270.130; 270.135; 
270.140; 270.145; 270.150; 270.155; 270.160; 270.165; 270.170; 270.175; 
270.180; 270.185; 270.190; 270.195; 270.200; 270.205; 270.210; 270.215; 
270.220; 270.225; 270.230; 270.235; 270.250; 270.255; 270.260; 270.270; 
270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 270.315; and 
270.320.
    Section 273--Standards for Universal Waste Management--273.1 through 
273.4; 273.5 (except 273.5(b)(3)); 273.6; 273.8 through 273.20; 273.30 
through 273.40; 273.50 through 273.56; 273.60; 273.61; 273.62; 273.70 
(except 273.70(d)); 273.80; and 273.81.
    Section 279--Standards for the Management of Used Oil--279.1; 
279.10; 279.11; 279.12; 279.20 through 279.24; 279.30 through 279.32; 
279.40 through 279.47; 279.50 through 279.67; 279.70 through 279.75; 
279.80; 279.81; and 279.82(a).

[[Page 464]]

    Copies of the Arkansas regulations that are incorporated by 
reference are available from the Arkansas Department of Environmental 
Quality Web site at http://www.adeq.state.ar.us/ regs/default.htm or the 
Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, 
Arkansas 72118-5317, Phone: (501) 682-0923.

                                 Florida

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

                                  Idaho

    (a) The statutory provisions include:
    Idaho Code containing the General Laws of Idaho Annotated, Title 39, 
Chapter 44, ``Hazardous Waste Management'', published in 2002 by the 
Michie Company, Law Publishers: sections 39-4403 except for 39-4403(6), 
39-4403(14), and the second and third sentences of 39-4403(17); 39-
4408(1); 39-4408(2); 39-4408(3); 39-4409(1) except the fourth and fifth 
sentences; 39-4409(2) only first sentence; 39-4409(4) except the first 
sentence; 39-4409(5); 39-4409(6); 39-4409(8); 39-4411(2); 39-4411(4); 
39-4411(5); 39-4423(1); and 39-4424.
    Idaho Code containing the General Laws of Idaho Annotated, Title 39, 
Chapter 58, ``Hazardous Waste Facility Siting Act'', published in 2002 
by the Michie Company, Law Publishers: sections 39-5803; 39-5808; 39-
5813(1); and 39-5818(2).
    Copies of the Idaho statutes that are incorporated by reference are 
available from Michie Company, Law Publishers, 1 Town Hall Square, 
Charlottesville, VA 22906-7587.
    (b) The regulatory provisions include:
    Idaho Department of Environmental Quality Rules and Regulations, 
Idaho Administrative Code, IDAPA 58, Title 1, Chapter 5, ``Rules and 
Standards for Hazardous Waste'', published in April 2011: sections 
58.01.05.001; 58.01.05.002; 58.01.05.003; 58.01.05.004; 58.01.05.005; 
58.01.05.006; 58.01.05.007; 58.01.05.008; 58.01.05.009; 58.01.05.010; 
58.01.05.011 with the exception of the fourth sentence; 58.01.05.012; 
58.01.05.013; 58.01.05.015; 58.01.05.016; 58.01.05.017; 58.01.05.018; 
58.01.05.356.01; and 58.01.05.998.

                                 Indiana

    The statutory provisions include:
    Annotated Indiana Code, 1998 edition, Title 13, Sections 13-14-1, 
13-14-7, 13-14-8, 13-19-3, 13-22-2, and 13-22-4.
    Copies of the Indiana statutes that are incorporated by reference 
are available from West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    Indiana Administrative Code, 1996 edition, 2000 cumulative 
supplement, Title 329, Article 3.1, Sections 3.1-1-7, 3.1-4-1, 3.1-5-1, 
3.1-5-2, 3.1-5-3, 3.1-5-4, 3.1-5-5, 3.1-5-6, 3.1-6-1, 3.1-6-2, 3.1-7-1, 
3.1-7-2, 3.1-7-3, 3.1-7-4, 3.1-7-5, 3.1-7-6, 3.1-7-7, 3.1-7-8, 3.1-7-9, 
3.1-7-10, 3.1-7-11, 3.1-7-12, 3.1-7-13, 3.1-7-14, 3.1-7-15, 3.1-7-16, 
3.1-8-1, 3.1-9-1, 3.1-9-2, 3.1-9-3, 3.1-10-1, 3.1-10-2(1 through 3), 
3.1-10-2(5 through 22), 3.1-11-1, 3.1-11-2, 3.1-12-1, 3.1-13-1, 3.1-13-
2(1 through 3), 3.1-13-2(5 through 15), 3.1-13-3, 3.1-13-4, 3.1-13-5, 
3.1-13-6, 3.1-13-7, 3.1-13-8, 3.1-13-9, 3.1-13-10, 3.1-13-11, 3.1-13-12, 
3.1-13-13, 3.1-13-14, 3.1-13-15, 3.1-13-16, 3.1-13-17, 3.1-14-1, 3.1-14-
2, 3.1-14-3, 3.1-14-4, 3.1-14-5, 3.1-14-6, 3.1-14-7, 3.1-14-8, 3.1-14-9, 
3.1-14-10, 3.1-14-11, 3.1-14-12, 3.1-14-13, 3.1-14-14, 3.1-14-15, 3.1-
14-16, 3.1-

[[Page 465]]

14-17, 3.1-14-18, 3.1-14-19, 3.1-14-20, 3.1-14-21, 3.1-14-22, 3.1-14-23, 
3.1-14-24, 3.1-14-25, 3.1-14-26, 3.1-14-27, 3.1-14-28, 3.1-14-29, 3.1-
14-30, 3.1-14-31, 3.1-14-32, 3.1-14-33, 3.1-14-34, 3.1-14-35, 3.1-14-36, 
3.1-14-37, 3.1-14-38, 3.1-14-39, 3.1-14-40, 3.1-15-1, 3.1-15-2, 3.1-15-
3, 3.1-15-4, 3.1-15-5, 3.1-15-6, 3.1-15-7, 3.1-15-8, 3.1-15-9, 3.1-15-
10, 3.1-16-1, 13-1-1, 13-1-2, 13-2-1, 13-2-2, 13-2-3, 13-2-4, 13-2-5, 
13-2-6, 13-2-7, 13-2-8, 13-2-9, 13-2-10, 13-2-11, 13-2-12, 13-2-13, 13-
2-14, 13-2-15, 13-2-16, 13-2-17, 13-2-18, 13-2-19, 13-2-20, 13-2-21, 13-
2-22, 13-2-23, 13-2-24, 13-2-25, 13-2-26, 13-2-27, 13-3-1, 13-3-2, 13-3-
3, 13-4-1, 13-4-2, 13-4-3, 13-4-4, 13-4-5, 13-5-1, 13-5-2, 13-5-3, 13-6-
1, 13-6-2, 13-6-3, 13-6-4, 13-6-5, 13-6-6, 13-6-7, 13-6-8, 13-7-1, 13-7-
2, 13-7-3, 13-7-4, 13-7-5, 13-7-6, 13-7-7, 13-7-8, 13-7-9, 13-7-10, 13-
8-1, 13-8-2, 13-8-3, 13-8-4, 13-8-5, 13-8-6, 13-8-7, 13-8-8, 13-9-1, 13-
9-2, 13-9-3, 13-9-4, 13-9-5, 13-9-6, 13-10-1, 13-10-2, 13-10-3.
    Copies of the Indiana regulations that are incorporated by reference 
are available from Indiana Legislative Services Agency, Administrative 
Code and Register Division, Legislative Information Center, 302 State 
House, Indianapolis, Indiana 46204.

                                Louisiana

    The statutory provisions include:
    Louisiana Statutes Annotated, Revised Statutes, 2017 Main Volume 
(effective April 23, 2017), Volume 17B, Subtitle II of Title 30, 
Louisiana Environmental Quality Act: Chapter 1, Sections 2003, 2004 
introductory paragraph, (2)-(4), (7)-(10), (13), (14) (except (14)(b)-
(d)), (15), and (18); Chapter 2, Section 2022.A(1), first sentence, 
2022.1(A); Chapter 8, Section 2153(1); Chapter 9, Sections 2173 (except 
2173(9)), 2183.A, B, D, E, and I, 2183.1.A, 2184.A, 2188.B, 2189.C, 
2202, 2203.A, 2204.A(1) and C; Chapter 13, Sections 2295.A and B; 
Chapter 18, Section 2417.E(5).
    Copies of the Louisiana statutes that are incorporated by reference 
are available from Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 
55123; Phone: 1-888-728-7677; website: https://legalsolutions 
.thomsonreuters.com.
    The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and 
Hazardous Materials, Louisiana Hazardous Waste Regulations, Part V, 
Subpart 1: Department of Environmental Quality--Hazardous Waste, dated 
January 2018.
    Chapter 1--General Provisions and Definitions, Sections 103; 105 
(except 105.D.1.y, 105.O.1.f, 105.O.2.d, 105.P, and 105.R.5); 108 
(except 108.F.5 and 108.G.5); 109 (except ``Analogous Product'', 
``Analogous Raw Material'', ``Batch Tank'', ``Competent Authorities'', 
``Concerned Countries'', ``Consignee'', ``Continuous-Flow Tank'', 
``Country of Export'', ``Country of Import'', ``Country of Transit'', 
``EPA Acknowledgement of Consent'', ``Exporter'', ``Exporting Country'', 
``Importer'', ``Importing Country'', ``Intermediate'', ``OECD'', 
``Organization for Economic Cooperation and Development (OECD) Area'', 
``Primary Exporter'', ``Receiving Country'', ``Recognized Trader'', 
``Recovery Facility'', ``Recovery Operations'', ``Transboundary 
Movement'', and ``Transit Country''); 110 (except 110.G.1 and reserved 
provisions); 111;
    Chapter 3--General Conditions for Treatment, Storage, and Disposal 
Facility Permits, Sections 303; 305 (except 305.F and .G); 307; 309; 311 
(except 311.A and .C); 313; 315.A-.D; 317; 319; 321; 322 (except 
322.D.1.g); 323 (except 323.B.3, .B.4.d and .e); 325; 329;
    Chapter 5--Permit Application Contents, Sections 501; 505 through 
516; 517 (except the following phrases in 517.V: ``or 2271, or a 
determination made under LAC 33:V.2273,'' and, ``or a determination''); 
519 through 528; 529 (except 529.E introductory paragraph through .E.3); 
530 through 536; 537 (except reserved provision); 540 through 699;
    Chapter 7--Administrative Procedures for Treatment, Storage, and 
Disposal Facility Permits, Sections 701; 706; 708;
    Chapter 11--Generators, Sections 1101 (except 1101.B and .G); 1103; 
1105; 1107 (except reserved provision); 1109 (except E.7.f and reserved 
provision); 1111.A, 1111.B.1 introductory paragraph (except the phrase 
``to a treatment, storage, or disposal facility within the United 
States''), 1111.B.1.a.-.c, 1111.B.1.d (except the phrase ``within the 
United States''), 1111.B.1.e (except the phrase ``within the United 
States''), 1111.B.1.f.-.h, 1111.B.2 (except the phrase ``for a period of 
at least three years from the date of the report'' and the third and 
fourth sentences), 1111.C-.E; 1113; 1121; 1199 Appendix A;
    Chapter 13--Transporters, Sections 1301 (except 1301.F); 1303; 1305; 
1307.A introductory paragraph (except the third sentence), 1307.B, 
1307.C (except the last sentence), 1307.D, 1307.E (except the phrase 
``and, for exports, an EPA Acknowledgment of Consent'' at 1307.E.2), 
1307.F (except the phrase ``and, for exports, an EPA Acknowledgment of 
Consent'' at 1307.F.2), 1307.G (except 1307.G.4), 1307.H-.N; 1309, 1311, 
1315 through 1323;
    Chapter 15--Treatment, Storage, and Disposal Facilities, Sections 
1501 (except reserved provision); 1503 through 1515; 1516 (except 
1516.B.4); 1517 through 1529; 1531 (except 1531.B); 1533; 1535;
    Chapter 17--Air Emission Standards, Sections 1701 through 1767; 
1799, Appendix Table 1;
    Chapter 18--Containment Buildings, Sections 1801; 1802; 1803 (except 
1803.B.2);
    Chapter 19--Tanks, Sections 1901 through 1907 (except 1907.E.1.e & 
.f, .E.2.d, .J, and .K), 1909.A-C, 1911 through 1921;
    Chapter 20--Integration with Maximum Achievable Control Technology 
(MACT), Section 2001;
    Chapter 21--Containers, Sections 2101 through 2119;

[[Page 466]]

    Chapter 22--Prohibitions on Land Disposal, Sections 2201.B-.D, 
2201.G (except reserved provision), 2201.H, 2201.I; 2203.A (except 
``Cone of Influence'', ``Confining Zone'', ``Formation'', ``Injection 
Interval'', ``Injection Zone'', ``Mechanical Integrity'', ``Transmissive 
Fault or Fracture'', ``Treatment'', and ``Underground Source of Drinking 
Water''), 2203.B; 2205 (except the phrase ``or a determination made 
under LAC 33:V.2273,'' in 2205.D); 2207; 2208; 2209 (except the phrase 
``or a determination made under LAC 33:V.2273,'' in 2209.D.1); 2211; 
2213; 2215; 2216 (except the phrase ``or 2271'' in 2216.E.2); 2218 
(except the phrase ``or 2271'' in 2218.B.2); 2219; 2221.D-.F; 2223; 2227 
(except reserved provision); 2230; 2231.G-.M; 2233; 2236; 2237; 2245 
(except 2245.J and .K); 2246; 2247 (except 2247.G and .H); 2299 Appendix 
(except Tables 4 (Reserved) and 12 (Repealed));
    Chapter 23--Waste Piles, Sections 2301 through 2313; 2315 (except 
the word ``either'' at the end of 2315.B introductory paragraph; the 
word ``or'' at the end of 2315.B.1; and 2315.B.2); 2317;
    Chapter 24--Hazardous Waste Munitions and Explosives Storage, 
Sections 2401 through 2405;
    Chapter 25--Landfills, Sections 2501 through 2523;
    Chapter 26--Corrective Action Management Units and Temporary Units, 
Sections 2601 through 2607;
    Chapter 27--Land Treatment, Sections 2701 through 2723;
    Chapter 28--Drip Pads, Sections 2801 through 2807; 2809 (except the 
word ``either'' at the end of 2809.B introductory paragraph; the word 
``or'' at the end of 2809.B.1; and 2809.B.2);
    Chapter 29--Surface Impoundments, Sections 2901 through 2909; 2911 
(except the word ``either'' at end of 2911.B introductory paragraph; and 
2911.B.1); 2913 through 2919;
    Chapter 30--Hazardous Waste Burned in Boilers and Industrial 
Furnaces, Sections 3001 through 3007; 3009 (except reserved provision); 
3011 through 3025; 3099 Appendices A through L;
    Chapter 31--Incinerators, Sections 3101 through 3121;
    Chapter 32--Miscellaneous Units, Sections 3201; 3203; 3205; 3207 
(except 3207.C.2);
    Chapter 33--Groundwater Protection, Sections 3301 through 3321; 3322 
(except 3322.D); 3323; 3325 and Table 4;
    Chapter 35--Closure and Post-Closure, Sections 3501 through 3505; 
3507 (except 3507.B); 3509 through 3519; 3521 (except 3521.A.3); 3523 
through 3527;
    Chapter 37--Financial Requirements, Sections 3701 through 3719;
    Chapter 38--Universal Wastes, Sections 3801 through 3811; 3813 
(except ``Mercury-containing lamp''); 3815 through 3833; 3835 (except 
the phrase ``, other than to those OECD countries . . . requirements of 
LAC 33:V.Chapter 11.Subchapter B),'' at 3835.A introductory paragraph); 
3837 through 3855; 3857 (except the phrase ``, other than to those OECD 
countries . . . requirements of LAC 33:V.Chapter 11.Subchapter B),'' at 
3857.A introductory paragraph); 3859 through 3869; 3871 (except the 
phrase ``other than to those OECD countries . . . requirements of LAC 
33:V.Chapter 11.Subchapter B)'' at 3871.A introductory paragraph); 3873 
through 3877; 3879 (except 3879.B); 3881; 3883;
    Chapter 40--Used Oil, Sections 4001 through 4093;
    Chapter 41--Recyclable Materials, Sections 4101; 4105 (except 
4105.A.1.a.i and ii; and 4105.A.4); 4139; 4141; 4143 (except the word 
``and'' at the end of 4143.B.4; and 4143.B.5); 4145;
    Chapter 42--Conditional Exemption for Low-Level Mixed Waste Storage 
and Disposal, Sections 4201 through 4243;
    Chapter 43--Interim Status, Sections 4301 through 4371; 4373 (except 
the last two sentences ``The administrative authority . . . as 
demonstrated in accordance with LAC 33:I.Chapter 13.'' in 4373.K.1); 
4375; 4377; 4379 (except 4379.B); 4381 through 4387; 4389 (except 
4389.C); 4391 through 4397; 4399; 4401 through 4413; 4417 through 4456, 
4457.A (except 4457.A.2), 4457.B (except the phrase: ``If the owner or 
operator . . . he must'' in the introductory paragraph), 4457.C; 4459 
through 4474; 4475 (except the word ``either'' at the end of 4475.B 
introductory paragraph; the word ``or'' at the end of 4475.B.1; and 
4475.B.2); 4476 through 4499; 4501 through 4703; 4705 (except the word 
``either'' at the end of 4705.B introductory paragraph; the word ``or'' 
at the end of 4705.B.1; and 4705.B.2); 4707 through 4739;
    Chapter 49--Lists of Hazardous Wastes, Sections 4901; 4903; 4907; 
4911 through 4915; 4999, Appendices C through E;
    Chapter 53--Military Munitions, Sections 5301 through 5311; 
Louisiana Administrative Code, Title 33, Part VII, Solid Waste, as 
amended through June 2011; Sections 301.A.2.a; and 315.J.
    Copies of the Louisiana Administrative Code as published by the 
Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-
9095; Phone: (225) 342-5015; website: www.doa.la.gov/Pages/osr/lac/
Code.aspx.

                                Minnesota

    The statutory provisions include: Minnesota Statutes, June 1992 
edition, Chapters 13.03; 13.05 Subdivision 9; 13.08; 13.37; 15.17; 
15.171; 115.061; 115A.03; 116.06; 116.07 Subdivisions 4, 4a, 4b, 5 and 
8; 116.075; 116.081 Subdivisions 1 and 3; and 116.14.
    The regulatory provisions include:
    Minnesota Rules, June 1992 edition, 7001.0010; 7001.0020(B); 
7001.0030-7001.0150(3)(C); 7001.0150(3)(E)-7001.0200; 7001.0500-
7001.0730(2); 7001.0730(4); 7045.0020-7045.0143; 7045.0205-7045.0270(6); 
7045.0275-7045.0310; 7045.0351-

[[Page 467]]

7045.0685; 7045.0692-7045.0695; 7045.1300-7045.1380 (June 1992 edition).

                                Missouri

    The statutory provisions include: 260.350-260.360(3), 260.360(5)-
260.360(12), 260.360(14)-260.360(19), 260.380-1.-260.380-1.(9), 260.380-
2., 260.385(2)-260.390(7), 260.390(9), 260.395-6.-260.395-7.(4), 
260.395-7.(7)-260.395-18.
    The regulatory provisions include:
    3.260-3.260(1)(A)20, 3.260(1)(A)22-3.260(1)(A)23, 3.260(2), 4.261-
4.261(2)(A)5, 5.262-5.262(2)(B)1., 5.262(2)(B)3.-5.262(2)(C)1., 
5.262(2)(C)2.A.-5.262(2)(D), 5.262(2)(D)2.-5.262(2)(H), 6.263-
6.263(2)(A)2., 6.263(2)(A)5.-6.263(2)(A)10.C, 6.263(2)(B)-6.263(2)(D)2., 
7.264-7.264(2)(A)2., 7.264(2)(B)2.-7.264(2)(O), 7.264(2)(X), 7.265-
7.265(2)(A), 7.265(2)(E)-7.265(2)(K), 7.266-7.266(2), 7.268-7.268(2), 
7.268(2)(A)., 7.268(2)(A)4.-7.268(2)(C), 7.270-7.270(2)(B)6., 
7.270(2)(B)9., 7.270(2)(B)11., 7.270(2)(B)14.-7.270(2)(B)17., 
7.270(2)(C)-7.270(2)(C)1., 7.270(2)(C)1.B.-7.270(2)(C)1.C., 
7.270(2)(C)2.-7.270(2)(C)2.C., 7.270(2)(C)2.E., 7.270(2)(D)-
7.270(2)(D)3., 7.270(2)(E)-7.270(2)(G).

                                 Montana

    The regulatory provisions include:
    Administrative Rules of Montana, Title 17, Environmental Quality, 
Chapter 53, Hazardous Waste, effective April 1, 2005, sections 
17.53.101, 17.53.102, 17.53.105, 17.53.107, 17.53.111(1), 17.53.111(2), 
(except the phrase ``or to pay the fee required by ARM 17.53.111'' in 
the introductory paragraph), 17.53.111(3) (except the phrase ``and the 
generator fee required by ARM 17.53.113'' at 17.53.111(3)(a)), 17.53.301 
(except the phrase ``and for which a registration fee is assessed'' at 
17.53.301(2)(q)), 17.53.401, 17.53.402, 17.53.403, 17.53.501, 17.53.502, 
17.53.601, 17.53.602, 17.53.603, 17.53.604, 17.53.701, 17.53.702, 
17.53.704, 17.53.706, 17.53.707, 17.53.708, 17.53.801, 17.53.802, 
17.53.803, 17.53.901, 17.53.902, 17.53.903, 17.53.1001, 17.53.1002, 
17.53.1003, 17.53.1004, 17.53.1101, 17.53.1102, 17.53.1201, 17.53.1202 
(except 17.53.1202(5)(l), (5)(m), (6) and (17)), 17.53.1203, 17.53.1301, 
17.53.1302, 17.53.1303, 17.53.1401, and 17.53.1402.
    Copies of the Montana regulations that are incorporated by reference 
are available from the Montana Secretary of State, Administrative Rules 
Bureau, P.O. Box 202801, Helena, MT 59620-2801 (Phone: 406-444-2055).

                               New Mexico

    The statutory provisions include:
    New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, 
Article 4 (2000 Replacement Pamphlet). Please note that for a few 
provisions the version found in the 2009 Cumulative Supplement to NMSA 
74-4 is the approved version of the statutes.
    Chapter 74, Article 4, Sections 74-4-2, 74-4-3 (except 74-4-3.A, 74-
4-3.N, and 74-4-3.R) (2009 Cumulative Supplement), 74-4-3.1, 74-4-4.2.A 
and 74-4-4.2.B (2009 Cumulative Supplement), 74-4-4.2.G introductory 
paragraph (2009 Cumulative Supplement), 74-4-4.2.G(2) (2009 Cumulative 
Supplement), 74-4-4.3.F (2009 Cumulative Supplement), 74-4-4.7 (except 
74-4-4.7.B and 74-4-4.7.C), 74-4-9, and 74-4-10.1.C, as published by 
Conway Greene Company, 1400 East 30th Street, Suite 402, Cleveland, OH 
44114; Phone: (216) 619-8091; Web site: http://www.conwaygreene.com/ 
nmsu/lpext.dll ?f = templates&fn = main-h.htm&2.0.
    The regulatory provisions include:
    Title 20, Chapter 4, Part 1, New Mexico Annotated Code, effective 
March 1, 2009, unless otherwise indicated, Sections 20.4.100, 
20.4.1.101, 20.4.1.200, 20.4.1.300, 20.4.1.301, 20.4.1.400, 20.4.1.401, 
20.4.1.500, 20.4.1.501, 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.701, 
20.4.1.702, 20.4.1.800, 20.4.801, 20.4.1.900, 20.4.1.901.B.1 through 
20.4.1.901.B.7, 20.4.1.901.E, 20.4.1.902, 20.4.1.1000, 20.4.1.1001 
introductory paragraph, 20.4.1.1001.A(2), 20.4.1.1001.B, 20.4.1.1002, 
20.4.1.1003, 20.4.1.1102 (June 14, 2000), and 20.4.1103 (October 1, 
2003). Copies of the New Mexico regulations can be obtained from the New 
Mexico Commission of Public Records, State Records Center and Archives, 
Administrative Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 87507; 
Phone: (505) 476-7907; Web site: http://www.nmcpr.state.nm.us/ nmac/
titles.htm.

                                New York

    The regulatory provisions include:
    Title 6, New York Codes, Rules and Regulations (6 NYCRR), Chapter 
IV, Quality Services, Subchapter B, Solid Wastes (Volumes A-2 and A-2A), 
as amended effective through September 5, 2006.
    Please note: For a few regulations, the authorized regulation is an 
earlier version of the New York State regulation. For these regulations, 
EPA authorized the version of the regulations that appear in the 
Official Compilation of Codes, Rules and Regulations dated January 31, 
1992. New York State made later changes to these regulations but these 
changes have not been authorized by EPA. The regulations where the 
authorized regulation is an earlier version of the regulation are noted 
below by inclusion in parentheses of January 31, 1992 after the 
regulatory citations.
    Part 360, Subpart 360-14--Used Oil: Sections 360-14.1(b)(7) and 360-
14.1(b)(8).
    Part 370--Hazardous Waste Management System--General: Sections 
370.1(a) (except (a)(3)); 370.1(b) through (d); 370.1(e) (except 
(e)(9)); 370.1(f); 370.2(a); 370.2(b)(1) through (b)(15) ``battery''; 
370.2(b)(15) ``bedrock'', (January 31, 1992); 370.2(b)(17) through 
(b)(91); 370.2(b)(94) through (b)(125); 370.2(b)(127) through (b)(137); 
370.2(b)(139) through (b)(221); 370.3 (except 370.3(c)); 370.4; 370.5 
(except (b)).
    Part 371--Identification and Listing of Hazardous Waste: Sections 
371.1(a) through (c); 371.1(d) (except (d)(1)(ii)(c)); 371.1(e) (except

[[Page 468]]

371.1(e)(1)(xvi) and (e)(2)(vi)(b)(21)); 371.1(f)(1) through (7); 
371.1(f)(8) (except the phrase ``or such mixing occurs at a facility 
regulated under Subpart 373-4 or permitted under Part 373 of this 
Title''); 371.1(f)(9) and (f)(10); 371.1(g)(1) (except (g)(1)(ii)(c) and 
(g)(1)(v)); 371.1(g)(2) through (4); 371.1(h) through (j); 371.2; 371.3; 
371.4(a) and (b); 371.4(c) (except K064, K065, K066, K090 and K091 
entries); 371.4(d) and (f).
    Part 372--Hazardous Waste Manifest System and Related Standards for 
Generators, Transporters and Facilities: Sections 372.1(a) through (d); 
372.1(e)(2)(ii)(c) (January 31, 1992); 372.1(e)(2)(iii)(c) (January 31, 
1992); 372.1(e)(3) through (e)(8); 372.1(g) and (h); 372.2 (except 
(b)(5)(ii) and (b)(9)); 372.3 (except (a)(1), (a)(4), (a)(7)(i), (a)(8), 
(b)(3), (b)(5)(ii), (b)(6)(iv), (b)(7)(i)(d), (c)(4) and (d)(3)); 372.5 
(except (h) and (i); 372.6; 372.7(a) and (b); 372.7(c) (except 
(c)(1)(ii)); and 372.7(d).
    Part 373, Subpart 373-1--Hazardous Waste Treatment, Storage and 
Disposal Facility Permitting Requirements: Sections 373-1.1(a) through 
(c), 373-1.1(d) (except (d)(1)(iii)(b), (d)(1)(iii)(c)(6), 
(d)(1)(iii)(d), (d)(1)(iv)(a) and (b), (d)(1)(x), (d)(1)(xvi), and 
(d)(1)(xviii)); 373-1.1(e); 373-1.1(h) and (i); 373-1.2; 373-1.3; 373-
1.4(a); 373-1.4(g) and (h); 373-1.5(a) (except (a)(2)(xviii)); 373-
1.5(b) and (c); 373-1.5(d) through (p) (except reserved paragraphs); 
373-1.6 (except (c)); 373-1.7 through 373-1.11.
    Part 373, Subpart 373-2--Final Status Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage and Disposal Facilities: 
Sections 373-2.1 through 373-2.4; 373-2.5(a); 373-2.5(b) (except 
(b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-2.5(c) through (g); 
373-2.6 through 373-2.11; 373-2.12 (except 373-2.12(a)(1) and (d)); 373-
2.12(a)(1) (January 31, 1992); 373-2.13; 373-2.14; 373-2.15 (except 
(a)(2)); 373-2.19 (except (e)(1)(ii)); 373-2.23; 373-2.24; and 373-2.27 
through 373-2.31.
    Part 373, Subpart 373-3--Interim Status Standards Regulations for 
Owners and Operators of Hazardous Waste Facilities: Sections 373-3.1 
(except 373-3.1(a)(4)); 373-3.2 through 373-3.4; 373-3.5 (except 373-
3.5(b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373-3.6 through 373-
3.18; 373-3.23; and 373-3.27 through 373-3.31.
    Part 374, Subpart 374-1--Standards for the Management of Specific 
Hazardous Wastes and Specific Types of Hazardous Waste Management 
Facilities: Sections 374-1.1; 374-1.3; 374-1.6 (except (a)(2)(iii)); 
374-1.7; 374-1.8 (except reserved sections); 374-1.9; and 374-1.13.
    Part 374, Subpart 374-2--Standards for the Management of Used Oil: 
Sections 374-2.1 (except (a)(2) ``Adjacent towns or cities'', (a)(4) 
``Contract'', (a)(10) ``On-premises oil changing operation'', (a)(14) 
``Retail'', (a)(15) ``Retail establishment'', (a)(16) ``Service 
establishment'', (a)(18) ``Total halogens'', (a)(19) ``Underground used 
oil tank'', and (a)(27) ``Used oil tank system''); 374-2.2; 374-2.3 
(except (c)(3) through (c)(6), and (f)); 374-2.4; 374-2.5 (except (a)(2) 
and (e)(4)); 374-2.6 (except (a)(2) and (d)(4)); 374-2.7 (except (d)(4), 
(e)(5) and (e)(6)); 374-2.8; and 374-2.9.
    Part 374, Subpart 374-3--Standards for Universal Waste: Sections 
374-3.1 (except (f) and (g)); 374-3.2; 374-3.3; 374-3.4 (except (a)(2)); 
and 374-3.5 through 374-3.7.
    Part 376--Land Disposal Restrictions: Sections 376.1 (except (a)(5), 
(a)(9), (e), (f), and (g)(1)(ii)(b)); 376.2; 376.3 (except (b)(4) and 
(d)(2)); 376.4 (except (c)(2), (e)(1)-(7), and (f)); and 376.5.
    Appendices: Appendices 19 through 25; Appendices 27 through 30; 
Appendix 33; Appendix 37; Appendix 38; Appendices 40 through 49; and 
Appendices 51 through 55.
    Copies of the New York regulations that are incorporated by 
reference are available from West Publishing Company, 610 Opperman 
Drive, P.O. Box 64526, Eagan, MN 55134-0526; Phone: 1-800-328-4880; 
website: http://west.thomson.com.

                              North Dakota

    (a) The statutory provisions include: North Dakota Century Code 
(NDCC), Volume 4A, 2017 Cumulative Supplement. Chapter 23.1-04 
``Hazardous Waste Management,'' Sections 23.1-04-08(1), (2), (5), and 
(7). Copies of the North Dakota statutes that are incorporated by 
reference are available from Matthew Bender & Company Inc., 701 E Water 
Street, Charlottesville, VA 22902-5389, phone number: (800) 833-9844.
    (b) The regulatory provisions include: North Dakota Administrative 
Code (NDAC), Article 33.1-24, as revised January 1, 2019, except 
reserved provisions.
    Chapter 33.1-24-01--General provisions: Sections 33.1-24-01-01 
through 33.1-24-01-04, 33.1-24-01-05, except .2.k and .7.a; 33.1-24-01-
06 through 33.1-24-01-09, 33.1-24-01-10, except .4.f; 33.1-24-01-11 
through 33.1-24-01-14; 33.1-24-01-17 and 33.1-24-01-18; and 33.1-24-01-
19, except .1.d.
    Chapter 33.1-24-02--Identification and Listing of Hazardous Waste: 
Sections 33.1-24-02-01 through 33.1-24-02-03; 33.1-24-02-04, except 
.1.y; 33.1-24-02-05; 33.1-24-02-06, except .1.e; 33.1-24-02-07 through 
33.1-24-02-10; 33.1-24-02-11, except the phrase ``or a miniflash 
continuously closed cup tester, using the test method specified in 
American Society for Testing and Material D6450-99 (incorporated by 
reference in section 33.1-24-01-05)'' in paragraph .1.a; 33.1-24-02-12 
through 33.1-24-02-19; 33.1-24-02-25 through 33.1-24-02-27; 33.1-24-02-
33 through 33.1-24-02-42; 33.1-24-02-50 through 33.1-24-02-70; 33.1-24-
02-120 through 33.1-24-02-129; 33.1-24-02-170 through 33.1-24-02-175; 
33.1-24-02-180 through 33.1-24-02-194; 33.1-24-02-200 through 33.1-24-
02-209; and Appendices I, IV, and V.
    Chapter 33.1-24-03--Standards for Generators: Sections 33.1-24-03-
01, except .4; 33.1-24-03-02; 33.1-24-03-03.1 and .2; 33.1-24-03-03.3 
except the phrase ``and a transporter permit'';

[[Page 469]]

33.1-24-03-04 through 33.1-24-03-24; 33.1-24-03-30; 33.1-24-03-40; 33.1-
24-03-60 through 33.1-24-03-77; and Appendix I.
    Chapter 33.1-24-04--Standards for Transporters: Sections 33.1-24-04-
01, except .4 and Note following paragraph .3.b; 33.1-24-04-02.1, except 
the phrase ``, a transporter permit, and a registration certificate''; 
33.1-24-04-02.2, except the phrases ``and a registration certificate, or 
a transporter permit,'' in the first sentence, and ``and issue a 
registration certificate'' in the second sentence; and 33.1-24-04-03 
through 33.1-24-04-08.
    Chapter 33.1-24-05--Standards for Treatment, Storage, and Disposal 
Facilities and for the Management of Specific Hazardous Waste and 
Specific Types of Hazardous Waste Management Facilities: Sections 33.1-
24-05-01; 33.1-24-05-02, except the second sentence; 33.1-24-05-03, 
except 33.1-24-05-03.1; 33.1-24-05-04 through 33.1-24-05-10; 33.1-24-05-
15 through 33.1-24-05-20; 33.1-24-05-26 through 33.1-24-05-31; 33.1-24-
05-37; 33.1-24-05-38, except .1.c and .4; 33.1-24-05-39 through 33.1-24-
05-44; 33.1-24-05-47 through 33.1-24-05-69; 33.1-24-05-74 through 33.1-
24-05-81; 33.1-24-05-89 through 33.1-24-05-98; 33.1-24-05-103 through 
33.1-24-05-115; 33.1-24-05-118 through 33.1-24-05-128; 33.1-24-05-130 
through 33.1-24-05-138; 33.1-24-05-144 through 33.1-24-05-151; 33.1-24-
05-160 through 33.1-24-05-170; 33.1-24-05-176 through 33.1-24-05-188; 
33.1-24-05-201 through 33.1-24-05-204; 33.1-24-05-230, except .2.c; 
33.1-24-05-235, except .1/Table entries (6) and (7); 33.1-24-05-250 
through 33.1-24-05-253; 33.1-24-05-256; 33.1-24-05-258; 33.1-24-05-265; 
33.1-24-05-266; 33.1-24-05-270 through 33.1-24-05-281; 33.1-24-05-282, 
except .2; 33.1-24-05-283; 33.1-24-05-284.8 through .13; 33.1-24-05-285; 
33.1-24-05-286; 33.1-24-05-288 through 33.1-24-05-290; 33.1-24-05-300 
through 33.1-24-05-303; 33.1-24-05-400 through 33.1-24-05-406; 33.1-24-
05-420 through 33.1-24-05-435; 33.1-24-05-450 through 33.1-24-05-460; 
33.1-24-05-475 through 33.1-24-05-477; 33.1-24-05-501 through 33.1-24-
05-506; 33.1-24-05-525 through 33.1-24-05-537; 33.1-24-05-550 through 
33.1-24-05-555; 33.1-24-05-600; 33.1-24-05-610 through 33.1-24-05-612; 
33.1-24-05-620 through 33.1-24-05-624; 33.1-24-05-630 through 33.1-24-
05-632; 33.1-24-05-640 through 33.1-24-05-647; 33.1-24-05-650 through 
33.1-24-05-667; 33.1-24-05-670 through 33.1-24-05-675; 33.1-24-05-680; 
33.1-24-05-681; 33.1-24-05-701 through 33.1-24-05-705; 33.1-24-05-708 
through 33.1-24-05-720; 33.1-24-05-730 through 33.1-24-05-740; 33.1-24-
05-750 through 33.1-24-05-756; 33.1-24-05-760 through 33.1-24-05-762; 
33.1-24-05-770, except .4; 33.1-24-05-780; 33.1-24-05-781; 33.1-24-05-
800 through 33.1-24-05-802; 33.1-24-05-820 through 33.1-24-05-826; 33.1-
24-05-850; 33.1-24-05-855 through 33.1-24-05-857; 33.1-24-05-860; 33.1-
24-05-865; 33.1-24-05-866; 33.1-24-05-870; 33.1-24-05-875; 33.1-24-05-
880; 33.1-24-05-885; 33.1-24-05-890; 33.1-24-05-895 through 33.1-24-05-
900; 33.1-24-05-905; 33.1-24-05-910; 33.1-24-05-915; 33.1-24-05-916; 
33.1-24-05-950; 33.1-24-05-951; 33.1–24-05-960; 33.1-24-05-961; 
33.1-24-05-963 through 33.1-24-05-968; 33.1-24-05-980 through 33.1-24-
05-986; 33.1-24-05-990 through 33.1-24-05-998; 33.1-24-05-1010 through 
33.1-24-05-1016; 33.1-24-05-1020; 33.1-24-05-1031; 33.1-24-05-1040 
through 33.1-24-05-1043; 33.1-24-05-1045 through 33.1-24-05-1047; 33.1-
24-05-1060 through 33.1-24-05-1063; 33.1-24-05-1067; 33.1-24-05-1068; 
33.1-24-05-1071; 33.1-24-05-1080 through 33.1-24-05-1087; 33.1-24-05-
1100 through 33.1-24-05-1114; 33.1-24-05-1130 through 33.1-24-05-1138; 
and Appendices I through VIII, X through XIII, XV through XXIV, and XXVI 
through XXIX.
    Chapter 33.1-24-06--Permits: Sections 33.1-24-06-01; 33.1-24-06-02, 
33.1-24-06-03, except Note following paragraph .1.a.(2); 33.1-24-06-04; 
33.1-24-06-05.2.c; 33.1-24-06-06.1; 33-24-06-07; 33.1-24-06-08; 33.1-24-
06-10 through 33.1-24-06-13; 33.1-24-06-14, except .3.a.(4); 33.1-24-06-
15 introductory paragraph through .1.a; 33.1-24-06-16.5 through .7; 
33.1-24-06-17 through 33.1-24-06-20; 33.1-24-06-30 through 33.1-24-06-
35; 33.1-24-06-45; 33.1-24-06-48; 33.1-24-06-52; 33.1-24-06-56; 33.1-24-
06-57; 33.1-24-06-62; 33.1-24-06-65; 33.1-24-06-70; 33.1-24-06-73; 33.1-
24-06-76; 33.1-24-06-80; 33.1-24-06-85; 33.1-24-06-100; and Appendix I 
to Section 33.1-24-06-14.
    Chapter 33.1-24-07--Permitting Procedures: Sections 33.1-24-07-01; 
33.1-24-07-02; and 33.1-24-07-03, except .4.
    Copies of the North Dakota regulations that are incorporated by 
reference are available from North Dakota Legislative Counsel, Second 
Floor, State Capitol, 600 E Boulevard, Bismarck, North Dakota 58505, 
phone number: (701) 328-2916.

                                Oklahoma

    The statutory provisions include:
    Oklahoma Hazardous Waste Management Act, as amended, 27A Oklahoma 
Statutes (O.S.) 2011 Main Volume and where indicated, amendments through 
August 26, 2016 as published in the 2017 Cumulative Annual Pocket Part, 
Sections 2-7-103, 2-7-108(A), 2-7-108(B)(1), 2-7-108(B)(3), 2-7-108(C), 
2-7-110(B), 2-7-110(C), 2-7-111(A), 2-7-111(B), 2-7-111(C)(1), 2-7-
111(C)(2)(a), 2-7-111(D), 2-7-111(E), 2-7-112, 2-7-116(B) through 2-7-
116(F) (2017 Pocket Part), 2-7-116(I)(2) (2017 Pocket Part), 2-7-118 
(2017 Pocket Part), 2-7-124, 2-7-125, 2-7-127, and 2-10-301(G), as 
published by Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 
55123; Phone: 1-888-728-7677; website: http://legalsolutions. 
thomsonreuters.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
effective September 15, 2017 (2016 Edition, as amended by the 2017 
Supplement): Subchapter 1, Sections 252:205-1-1(a), 252:205-1-1(c) 
introductory paragraph, 252:205-1-1(c)(1), 252:205-1-2 introductory 
paragraph, 252:205-1-2 ``OHWMA'', 252:205-1-2 ``Post-closure permit'', 
252:205-1-3(c); Subchapter 3, Sections 252:205-3-1 introductory 
paragraph, 252:205-3-1(1), 252:205-3-2(a)(2),

[[Page 470]]

252:205-3-2(b), 252:205-3-2(c) (2017 Supplement), 252:205-3-2(d) through 
(n), 252:205-3-4 through 252:205-3-6; Subchapter 5, Sections 252:205-5-1 
(except 252:205-5-1(4)), 252:205-5-2 through 252:205-5-5; Subchapter 7, 
Sections 252:205-7-2, 252:205-7-4 (except the phrase ``or in accordance 
with 252:205-15-1(d)''); Subchapter 9, Sections 252:205-9-1 through 
252:205-9-4; Subchapter 11, Sections 252:205-11-1(a) (except the word 
``recycling''), 252:205-11-1(b) through (e), 252:205-11-2; and 
Subchapter 13, Sections 252:205-13-1(a) through (e), as published by the 
State's Office of Administrative Rules, Secretary of State, P.O. Box 
53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; 
website: https://www.sos.ok.gov/ oar/Default.aspx.

                              South Dakota

    The regulatory provisions include:
    Administrative Rules of South Dakota, Article 74:28, Hazardous 
Waste, effective October 10, 2013, sections 74:28:21:01, 74:28:21:02, 
74:28:21:03, 74:28:22:01, 74:28:23:01, 74:28:24:01, 74:28:25:01 through 
74:28:25:05, 74:28:26:01, 74:28:27:01, 74:28:28:01 through 74:28:28:05, 
74:28:29:01, 74:28:30:01 and 74:28:33:01; Article 74:36, Air Pollution 
Control Program, as of June 25, 2013, section 74:36:11:01.
    Copies of the South Dakota regulations that are incorporated by 
reference are available from South Dakota Legislative Research Council, 
3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 
57501, (Phone: (605) 773-3251).

                                  Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon, 2010): 
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003 
(except (3), (19), (27), (35), and (39)), 361.019(a), 361.0235, 
361.066(a), 361.082(a) and (f), 361.086, 361.087, 361.0871(a), 361.094, 
361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Used Oil 
Collection, Management, and Recycling Act, sections 371.003, 371.024(b), 
371.026(d), and 371.041.
    Copies of the Texas statutes that are incorporated by reference are 
available from Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; 
Phone: 1-888-728-7677; website: http://legalsolutions. 
thomsonreuters.com.
    The regulatory provisions include:
    Texas Administrative Code (TAC), Title 30, Environmental Quality, 
2015, as amended, effective through December 31, 2014, and where 
indicated, amendments effective January 8, 2015, as published in the 
Texas Register on January 2, 2015 (40 TexReg 77); based on the proposed 
rule published August 22, 2014 (39 TexReg 6376). Please note that for 
some provisions, the authorized versions are found in the TAC, Title 30, 
Environmental Quality, as amended effective January 1, 1994, January 1, 
1997, December 31, 1999, December 31, 2001, or December 31, 2012. Texas 
made subsequent changes to these provisions but these changes have not 
been authorized by EPA. Where the provisions are taken from regulations 
other than those effective December 31, 2014, notations are made below.
    Chapter 3, Section 3.2(25) ``Person''; Chapter 20, Section 20.15; 
Chapter 35, Section 35.402(e); Chapter 37, Sections 37.1 through 37.81, 
37.100 through 37.161, 37.200 through 37.281, 37.301 through 37.381, 
37.400 through 37.411, 37.501 through 37.551, 37.601 through 37.671, and 
37.6001 through 37.6041; Chapter 281, Section 281.3(c);
    Chapter 305, Subchapter A--General Provisions, Sections 305.1(a) 
(except the reference to Chapter 401, relative to Radioactive 
Materials); 305.2 introductory paragraph (except the references to THSC 
sections 401.003 and 401.004, relative to Radioactive Materials and the 
reference to TWC 32.002); 305.2(1), (6), (11), (12), (14), (15), (19), 
(20), (24), (26), (27), (28), (31), (40), (41), and (42); 305.3;
    Chapter 305, Subchapter C--Application for Permit or Post-Closure 
Order, Sections 305.41 (except the reference to Chapter 401, relative to 
Radioactive Materials and the reference to TWC Chapter 32); 305.42(a), 
(b), (d), and (f); 305.43(b); 305.44 (except (d)); 305.45 (except 
(a)(7)(I) and (J)); 305.47; 305.50(a) introductory paragraph through 
(a)(3) (except the last two sentences in 305.50(a)(2)); 305.50(a)(4) 
(December 31, 2012); 305.50(a)(5) through (a)(8); 305.50(a)(13) through 
(a)(16); 305.50(b); 305.51;
    Chapter 305, Subchapter D--Amendments, Renewals, Transfers, 
Corrections, Revocation, and Suspension of Permits, Sections 305.61; 
305.62(a) (except the phrase in the first sentence ``Sec. 305.70 of 
this title . . . Solid Waste Class I Modifications'' and the fifth 
sentence ``If the permittee requests a modification of a municipal solid 
waste permit . . . Sec. 305.70 of this title.''); 305.62(b); 305.62(c) 
introductory paragraph (except the phrase ``other than . . . subsection 
(i) of this section''); 305.62(c)(1); 305.62(c)(2) introductory 
paragraph; 305.62(c)(2)(A) (except the phrase ``except for Texas 
Pollutant Discharge Elimination System (TPDES) permits,''); 
305.62(c)(2)(B) (except the phrase ``except for TPDES permits,''); 
305.62(d) (except (d)(6)); 305.62(e) through (h); 305.63(a) (except the 
last sentence of (a)(3), and (a)(7)); 305.64(a); 305.64(b) (except 
(b)(4) and (b)(5)); 305.64(c) and (e); 305.64(g); 305.65; 305.66(a) 
(except (a)(7) through (a)(9)); 305.66(d); 305.67(a) and (b); 305.69(a); 
305.69(b) (except the phrases ``Additional Contents of Application for 
an Injection Well Permit'' and ``Waste Containing Radioactive Materials; 
and Application Fee'' at (b)(1)(A)); 305.69(c); 305.69(d) (except 
(d)(7)); 305.69(e) through (h); 305.69(i)(3) and (i)(4); 305.69(j); 
305.69(k) (except (k) A.8 through A.10);

[[Page 471]]

    Chapter 305, Subchapter F--Permit Characteristics and Conditions, 
Sections 305.121 (except the phrases ``radioactive material disposal'' 
and ``subsurface area drip dispersal systems''); 305.122 (except (e)); 
305.124; 305.125 introductory paragraph; 305.125(2) and (4); 305.125(5) 
(except the second sentence); 305.125(6) through (8); 305.125(9) (except 
(9)(C)); 305.125(10) (except the phrases ``and 32'' and ``and 
401.603''); 305.125(11) (except the phrase ``as otherwise required by 
Chapter 336 of this title'' relative to Radioactive Substances in 
(11)(B)); 305.125(12) through (19), and (21); 305.127 introductory 
paragraph; 305.127(1)(B)(iii); 305.127(1)(E) and (F); 305.127(2); 
305.127(3)(A) (except the last two sentences); 305.127(3)(B) and (C); 
305.127(4)(B); 305.127(5)(C); 305.128;
    Chapter 305, Subchapter G--Additional Conditions for Hazardous and 
Industrial Solid Waste Storage, Processing, or Disposal Permits, 
Sections 305.141 through 305.145; 305.150;
    Chapter 305, Subchapter I--Hazardous Waste Incinerator Permits, 
Sections 305.171 through 305.176;
    Chapter 305, Subchapter J--Permits for Land Treatment Demonstrations 
Using Field Tests or Laboratory Analyses, Sections 305.181 through 
305.184;
    Chapter 305, Subchapter K--Research, Development, and Demonstration 
Permits, Sections 305.191 through 305.194;
    Chapter 305, Subchapter L--Groundwater Compliance Plan, Section 
305.401(c);
    Chapter 305, Subchapter Q--Permits for Boilers and Industrial 
Furnaces Burning Hazardous Waste, Sections 305.571 through 305.573;
    Chapter 305, Subchapter R--Resource Conservation and Recovery Act 
Standard Permits For Storage And Treatment Units, Sections 305.650 
through 305.661;
    Chapter 324, Subchapter A--Used Oil Recycling, Sections 324.1; 324.2 
(except 324.2(2)); 324.3 (except 324.3(5)); 324.4; 324.6; 324.7; 324.11 
through 324.16; 324.21; 324.22(d)(3);
    Chapter 335, Subchapter A--Industrial Solid Waste and Municipal 
Hazardous Waste in General, Sections 335.1 introductory paragraph 
through (4), (6) through (12), (16) through (19), (23), (24), (26) 
through (30), (33), (35) through (38), (40) through (47), (48) (except 
for the phrase ``or is used for neutralizing the pH of non-hazardous 
industrial solid waste''), (49), (50), (51), (53) through (58), (60) 
through (64), (66), (67), (70) through (79), (81) through (115) (except 
the phrase ``solid waste or'' at (89), (91), (92), (94), (95), and 
(100)), (117) (except the phrase ``solid waste or''), (118), (119), 
(123) through (128) (except the phrase ``solid waste or'' at (124)), 
(130), (132) through (136), (138) through (140)(A)(iii), (140)(A)(iv) 
introductory paragraph (except the last sentence), (140)(B) through (G) 
(except the phrase ``Except for materials described in subparagraph (H) 
of this paragraph.'' at (D) and (G) introductory paragraphs),), (140)(I) 
and (J), (141), (142), (144) through (154) (except the phrase ``solid 
waste or'' at (147), (150) and (152)), (155) through (159) (except the 
phrase ``or industrial solid'' at (155), (158), and (159)), (161) 
through (170) (except the phrase ``solid waste or'' at (164)), (171) 
(except the phrase ``or industrial solid'' at (171)(B)), (172) through 
(174), and (175) (except the phrase ``solid waste or'') (40 TexReg 77, 
effective January 8, 2015); 335.2 (except (b), (d), (h), (k) and (n)); 
335.4; 335.5 (except (d)); 335.6(a); 335.6(b) (January 1, 1997); 
335.6(c); 335.6(d) (except the last sentence) (January 1, 1994); 
335.6(e) (January 1, 1994); 335.6(f) and (g); 335.6(h) (except the third 
sentence); 335.6(i) and (j); 335.7; 335.8(a)(1) and (2); 335.9(a) 
(except (a)(2) and (3)); 335.9(a)(2) and (3) (January 1, 1997); 335.9(b) 
(January 1, 1994); 335.10(a) and (b); 335.11(a); 335.12(a); 335.13(a) 
(January 1, 1997); 335.13(c) and (d) (January 1, 1994); 335.13(e) and 
(f) (January 1, 1997); 335.13(g) (January 1, 1994); 335.13(k); 335.14; 
335.15 introductory paragraph (January 1, 1994); 335.15(1); 335.15(3) 
(except two references to ``Class 1 Waste'' at introductory paragraph); 
335.17(a); 335.18(a); 335.19 (except 335.19(d)); 335.20 through 
335.23(1); 335.23(2) (January 1, 1994); 335.24(a) through (f); 335.24(m) 
and (n); 335.29 through 335.31;
    Chapter 335, Subchapter B--Hazardous Waste Management General 
Provisions, Sections 335.41(a) through (c); 335.41(d) introductory 
paragraph and (d)(2) through (d)(4); 335.41(d)(1) (December 31, 2001); 
335.41(e) through (j); 335.43(a); 335.44; 335.45; 335.47 (except (b) and 
second sentence in (c)(3)); 335.47(b) (December 31, 1999);
    Chapter 335, Subchapter C--Standards Applicable to Generators of 
Hazardous Waste, Sections 335.61 (except (f)); 335.62; 335.63; 335.65 
through 335.68; 335.69 (except ``and (n)'' in (a) introductory 
paragraph, (i), and (n)); 335.70; 335.71; 335.73 through 335.75; 335.76 
(except (h)); 335.77; 335.78(a); 335.78(b) (January 1, 1997); 335.78(c); 
335.78(d) (except (d)(2)); 335.78(e) introductory paragraph (January 1, 
1997); 335.78(e)(1) and (2); 335.78(f) (except 335.78(f)(2)); 
335.78(f)(2) (January 1, 1997); 335.78(g) (except (g)(2)); 335.78(g)(2) 
(January 1, 1997); 335.78(h) through (j); 335.79;
    Chapter 335, Subchapter D--Standards Applicable to Transporters of 
Hazardous Waste, Sections 335.91 (except (e)); 335.92; 335.93 (except 
(e)); 335.93(e) (December 31, 1999); 335.94;
    Chapter 335, Subchapter E--Interim Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities, 
Sections 335.111; 335.112 (except (a)(17)); 335.113; 335.115 through 
335.128;
    Chapter 335, Subchapter F--Permitting Standards for Owners and 
Operators of Hazardous Waste Treatment, Storage, or Disposal Facilities, 
Sections 335.151 through 335.153; 335.155 (except 335.155(1)); 
335.155(1) (40 TexReg 77, effective January 8, 2015 (August

[[Page 472]]

22, 2014 proposed rule (39 TexReg 6376))); 335.156 through 335.179;
    Chapter 335, Subchapter G--Location Standards for Hazardous Waste 
Storage, Processing, or Disposal, Sections 335.201(a) (except (a)(3)); 
335.201(c); 335.202 introductory paragraph; 335.202(2), (4), (9) through 
(11), (13), and (15) through (18); 335.203; 335.204(a) introductory 
paragraph through (a)(5); 335.204(b)(1) through (6); 335.204(c)(1) 
through (5); 335.204(d)(1) through (5); 335.204(e) introductory 
paragraph; 335.204(e)(1) introductory paragraph (except the phrase 
``Except as . . . (B) of this paragraph,'' and the word ``event'' at the 
end of the paragraph); 335.204(e)(2) through (e)(7); 335.204(f); 
335.205(a) introductory paragraph through (a)(2) and (e);
    Chapter 335, Subchapter H--Standards for the Management of Specific 
Wastes and Specific Types of Facilities, Sections 335.211(a) (40 TexReg 
77, effective January 8, 2015); 335.211(b) and (c); 335.212 through 
335.214; 335.221 through 335.225; 335.241(except (b)(4)); 335.251; 
335.261 (except (b) introductory paragraph, (b)(6), (b)(15) and (e)); 
335.261(b) introductory paragraph, (b)(6), and (b)(15) (40 TexReg 77, 
effective January 8, 2015 (August 22, 2014 proposed rule (39 TexReg 
6376))); 335.271; 335.272;
    Chapter 335, Subchapter O--Land Disposal Restrictions, Section 
335.431 (except (c)(1); 335.431(c)(1) (39 TexReg 6376, effective August 
22, 2014 (August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter R--Waste Classification, Sections 335.504 
(except 335.504(1)); 335.504(1) (40 TexReg 77, effective January 8, 2015 
(August 22, 2014 proposed rule (39 TexReg 6376)));
    Chapter 335, Subchapter U, Standards For Owners And Operators Of 
Hazardous Waste Facilities Operating Under A Standard Permit, Sections 
601 and 602.
    Copies of the Texas regulations that are incorporated by reference 
are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; 
Phone: 1-888-728-7677; website: http://legalsolutions. 
thomsonreuters.com.

                                  Utah

    The regulatory provisions include:
    Utah Administrative Code effective February 15, 1996: Sections R315-
1 except R315-1-1(a), R315-1-1(f)&(h) and R315-1-2(a); R315-2 except 
R315-2-3(d)(2), R315-2-5, R315-2-6, R315-2-10(e)&(f), R315-2-11(e)&(f), 
R315-2-17, and R315-2-25(d); R315-3 except R315-3-1(b)&(c), R315-3-
3(b)(3), R315-3-3(i)(1)-(3), R315-3-3(n)(8)(iv), R315-3-11(a)&(b), R315-
3-11(f), R315-3-13(a)(4),R 315-3-16(b), R315-3-23(b)(1)&(2), R315-3-
23(c)&(d), R315-3-24 through R315-3-29, R315-3-34 and R315-3-36; R315-4 
through R315-7, except R315-7-8.1(c)(12)(iv), R315-7-18.9(d)(2)(i)(A) 
phrase ``given the specific site conditions and the nature and extent of 
contamination''; R315-8 except R315-8-1(e)(10)(iv), R315-8-6.1(a)(3), 
R315-8-6.12(b), R315-8-11.2(e) phrase ``given the specific site 
conditions and the nature and extent of contamination'', R315-8-
14.10(b); R315-9; R315-14 except R315-14-3, R315-14-4, and R315-14-7; 
R315-16 except R315-16-1.1(a)(4), R315-16-1.6, R 315-16-1.7(c), R315-16-
1.7(g), R315-16-1.7(l)(4), R315-16-2.4(d), R315-16-2.5(e), R315-16-2.12, 
R315-16-3.4(d), R351-16-3.5(e), R315-16-3.6(c)(2) word ``lamp'', R315-
16-3.10(a)(2) word ``lamp'', R315-16-3.10(b)(2) word ``lamp'', R315-16-
3.12, R315-16-5.1(a); R315-50 except R315-50-9, R315-50-10, R315-50-12, 
and R315-50-13.
    Utah Administrative Code revised as of May 15, 1996: Section R315-
15, except R315-15-1.1(j)&(k), R315-15-1.3(b), R315-15-2.1(a)(1)&(4), 
R315-15-2.3(c)(1), R315-15.2.3(d), R315-15-2.4(a), R315-15-2.4(d)&(e), 
R315-15-3.1(b), R315-15-3.2(a), R315-15-4.6(f), R315-15-5.1(c), R315-15-
5.5(e), R315-15-6.5(e), R315-15-7.1(d), R315-15-8.3, R315-15-9, R315-15-
10, R315-15-11 with respect to used oil transfer and off-specification 
used oil burning facilities, R315-15-12, R315-15-13.5(a)-(c) &(e), R315-
15-14, and R315-15-15.
    Utah Administrative Code revised as of October 16, 1997: R315-2-
3(d)(2), R315-2-10(e), R315-8-6.12(b), R315-8-14.10(b), R315-15-1.3(b), 
R315-15-2.1(a)(1)&(4), R315-15-2.3(c)(1), R315-15.2.3(d), R315-15-
2.4(a), R315-15-2.4(d)&(e), R315-15-3.1(b), R315-15-3.2(a), R315-15-
4.6(f), R315-15-5.5(e), R315-15-6.5(e), R315-15-8.3, and R315-15-9.
    Utah Administrative Code revised as of February 20, 1998: R315-1-
1(a), R315-1-2(a), R315-2-5, R315-2-6, R315-2-10(f), R315-2-11(e), R315-
2-11(f), R315-2-17, R315-3-3(b)(3), R315-13-1, R315-14-7, R315-16-
5.1(a), R315-50-9, R315-50-10, and R315-50-12.
    Copies of the Utah regulations that are incorporated by reference 
are available from the Utah Department of Environmental Quality, 288 
North 1460 West, Salt Lake City, Utah 84114-4880, Phone (801) 538-6776.

                                Wisconsin

    The regulatory provisions include:
    The Wisconsin Administrative Code, 2006/2007 Edition, sections NR 
660.01, 660.02, 660.07, 660.10, 660.11, 660.20-660.23, 660.30-660.33, 
660.40, 660.41, 661.01-661.04, 661.06-661.11, 661.20-661.24, 661.30-
661.33, 661.35 and 661.38 and chapter NR 661 Appendix I, II, III, VII 
and VIII, sections NR 662.010-662.012, 662.020, 662.022, 662.023, 
662.027, 662.030-662.034, 662.040-662.043, 662.050-662.058, 662.060, 
662.070, 662.080-662.087, 662.089, 662.190-662.194, 662.220, 663.10-
663.13, 663.20-663.22, 663.30, 663.31, 664.0001, 664.0003, 664.0004, 
664.0010-664.0019, 664.0025, 664.0030-664.0035, 664.0037, 664.0050-
664.0056, 664.0070-664.0077, 664.0090-664.0101, 664.0110-664.0120, 
664.0140-664.0148, 664.0151, 664.0170-664.0179, 664.0190-664.0200, 
664.0220-664.0223, 664.0226-664.0232, 664.0250-664.0259, 664.0270, 
664.0300-664.0304, 664.0309, 664.0310, 664.0312-664.0317, 664.0340-
664.0345, 664.0347, 664.0351, 664.0550-664.0555,

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664.0570-664.0575, 664.0600-664.0603, 664.1030-664.1036, 664.1050-
664.1065, 664.1080-664.1090, 664.1100-664.1102 and 664.1200-664.1202, 
chapter NR 664 Appendix I, IV, V and IX, sections NR 665.0001, 665.0004, 
665.0010-665.0019, 665.0030-665.0035, 665.0037, 665.0050-665.0056, 
665.0070-665.0077 (excluding 665.0071(1)(b)6), 665.0090-665.0094, 
665.0110-665.0121, 665.0140-665.0148, 665.0170-665.0174, 665.0176-
665.0178, 665.0190-665.0200, 665.0202, 665.0220-665.0226, 665.0228-
665.0231, 665.0250-665.0260, 665.0270, 665.0300-665.0304, 665.0309, 
665.0310, 665.0312-665.0316, 665.0340, 665.0341, 665.0345, 665.0347, 
665.0351, 665.0352, 665.0370, 665.0373, 665.0375, 665.0377, 665.0381-
665.0383, 665.0400-665.0406, 665.0430, 665.0440-665.0445, 665.1030-
665.1035, 665.1050-665.1064, 665.1080-665.1090, 665.1100-665.1102 and 
665.1200-665.1202, chapter NR 665 Appendix I, III, IV, V and VI, 
sections NR 666.020-666.023, 666.070, 666.080, 666.100-666.112, 666.200-
666.206, 666.210, 666.220, 666.225, 666.230, 666.235, 666.240, 666.245, 
666.250, 666.255, 666.260, 666.305, 666.310, 666.315, 666.320, 666.325, 
666.330, 666.335, 666.340, 666.345, 666.350, 666.355, 666.360, chapter 
NR 666 Appendix I-IX and XI -XIII, sections NR 668.01-668.07, 668.09, 
668.14, 668.30-668.46 and 668.48-668.50, chapter NR 668 Appendix III, 
IV, VI-IX and XI, sections NR 670.001, 670.002, 670.004, 670.005, 
670.010-670.019, 670.021-670.033, 670.040-670.043, 670.050, 670.051, 
670.061, 670.062, 670.065, 670.066, 670.068, 670.070-670.073, 670.079, 
670.235, 670.401, 670.403-670.406, 670.408-670.412, 670.415, 670.417, 
and 670.431-670.433, chapter NR 670 Appendix I, sections NR 673.01-
673.05, 673.09-673.20, 673.30-673.40, 673.50-673.56, 673.60-673.62, 
673.70, 673.80, 673.81, 679.01, 679.10-679.12, 679.20-679.24, 679.30-
679.32, 679.40-679.47, 679.50-679.67, 679.70-679.75, and 679.80-679.82.
    Copies of the Wisconsin regulations that are incorporated by 
reference can be obtained from: Legislative Reference Bureau, One East 
Main Street, Suite 200, Madison, Wisconsin 53701-2037.

                                 Wyoming

    The regulatory provisions include:
    Wyoming Hazardous Waste Management Rules, as amended effective March 
18, 2015, Chapter 1, General Provisions: Sections 2(a) and (b); 3; 4; 
124(a)(v); 260 (except 260(b)(ii)); 261; 262; 263; 264(a) through 
264(d), 264(e)(i) (except the citation ``W.S. 35-11-1607'' and the 
phrase ``or a signed remedy agreement pursuant to W.S. 35-11-1607'' in 
the first sentence), 264(e)(iii)(A) and (B), 264(f) through 264(m); 265; 
266; 267; 268; 270(a) through 270(m); 273; and 279.
    Copies of the Wyoming regulations that are incorporated by reference 
are available from Wyoming Secretary of State's Office, The Capitol 
Building, Room B-10, 200 West 24th Street, Cheyenne, Wyoming 82002-0020, 
(Phone: (307) 777-5407).

[58 FR 3500, Jan. 11, 1993]

    Editorial Note: For Federal Register citations affecting appendix A 
to part 272, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



PART 273_STANDARDS FOR UNIVERSAL WASTE MANAGEMENT--Table of Contents



                            Subpart A_General

Sec.
273.1 Scope.
273.2 Applicability--batteries.
273.3 Applicability--pesticides.
273.4 Applicability--Mercury-containing equipment.
273.5 Applicability--lamps.
273.6 Applicability--Aerosol cans.
273.7 [Reserved]
273.8 Applicability--household and very small quantity generator waste.
273.9 Definitions.

   Subpart B_Standards for Small Quantity Handlers of Universal Waste

273.10 Applicability.
273.11 Prohibitions.
273.12 Notification.
273.13 Waste management.
273.14 Labeling/marking.
273.15 Accumulation time limits.
273.16 Employee training.
273.17 Response to releases.
273.18 Off-site shipments.
273.19 Tracking universal waste shipments.
273.20 Exports.

   Subpart C_Standards for Large Quantity Handlers of Universal Waste

273.30 Applicability.
273.31 Prohibitions.
273.32 Notification.
273.33 Waste management.
273.34 Labeling/marking.
273.35 Accumulation time limits.
273.36 Employee training.
273.37 Response to releases.
273.38 Off-site shipments.
273.39 Tracking universal waste shipments.
273.40 Exports.

          Subpart D_Standards for Universal Waste Transporters

273.50 Applicability.
273.51 Prohibitions.
273.52 Waste management.
273.53 Storage time limits.
273.54 Response to releases.
273.55 Off-site shipments.
273.56 Exports.

             Subpart E_Standards for Destination Facilities

273.60 Applicability.

[[Page 474]]

273.61 Off-site shipments.
273.62 Tracking universal waste shipments.

                      Subpart F_Import Requirements

273.70 Imports.

    Subpart G_Petitions To Include Other Wastes Under 40 CFR Part 273

273.80 General.
273.81 Factors for petitions to include other wastes under 40 CFR part 
          273.

    Authority: 42 U.S.C. 6922, 6923, 6924, 6925, 6930, and 6937.

    Source: 60 FR 25542, May 11, 1995, unless otherwise noted.



                            Subpart A_General



Sec. 273.1  Scope.

    (a) This part establishes requirements for managing the following:
    (1) Batteries as described in 40 CFR 273.2;
    (2) Pesticides as described in Sec. 273.3;
    (3) Mercury-containing equipment as described in Sec. 273.4;
    (4) Lamps as described in Sec. 273.5; and
    (5) Aerosol cans as described in Sec. 273.6.
    (b) This part provides an alternative set of management standards in 
lieu of regulation under 40 CFR parts 260 through 272.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999; 70 
FR 45520, Aug. 5, 2005; 84 FR 67217, Dec. 9, 2019]



Sec. 273.2  Applicability--batteries.

    (a) Batteries covered under 40 CFR part 273. (1) The requirements of 
this part apply to persons managing batteries, as described in Sec. 
273.9, except those listed in paragraph (b) of this section.
    (2) Spent lead-acid batteries which are not managed under 40 CFR 
part 266, subpart G, are subject to management under this part.
    (b) Batteries not covered under 40 CFR part 273. The requirements of 
this part do not apply to persons managing the following batteries:
    (1) Spent lead-acid batteries that are managed under 40 CFR part 
266, subpart G.
    (2) Batteries, as described in Sec. 273.9, that are not yet wastes 
under part 261 of this chapter, including those that do not meet the 
criteria for waste generation in paragraph (c) of this section.
    (3) Batteries, as described in Sec. 273.9, that are not hazardous 
waste. A battery is a hazardous waste if it exhibits one or more of the 
characteristics identified in part 261, subpart C of this chapter.
    (c) Generation of waste batteries. (1) A used battery becomes a 
waste on the date it is discarded (e.g., when sent for reclamation).
    (2) An unused battery becomes a waste on the date the handler 
decides to discard it.

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



Sec. 273.3  Applicability--pesticides.

    (a) Pesticides covered under this part 273. The requirements of this 
part apply to persons managing pesticides, as described in Sec. 273.9, 
meeting the following conditions, except those listed in paragraph (b) 
of this section:
    (1) Recalled pesticides that are:
    (i) Stocks of a suspended and canceled pesticide that are part of a 
voluntary or mandatory recall under FIFRA Section 19(b), including, but 
not limited to those owned by the registrant responsible for conducting 
the recall; or
    (ii) Stocks of a suspended or cancelled pesticide, or a pesticide 
that is not in compliance with FIFRA, that are part of a voluntary 
recall by the registrant.
    (2) Stocks of other unused pesticide products that are collected and 
managed as part of a waste pesticide collection program.
    (b) Pesticides not covered under 40 CFR part 273. The requirements 
of this part do not apply to persons managing the following pesticides:
    (1) Recalled pesticides described in paragraph (a)(1) of this 
section, and unused pesticide products described in paragraph (a)(2) of 
this section, that are managed by farmers in compliance with 40 CFR 
262.70. (40 CFR 262.70 addresses pesticides disposed of on the farmer's 
own farm in a manner consistent with the disposal instructions on the 
pesticide label, providing the container is triple rinsed in accordance 
with 40 CFR 261.7(b)(3));

[[Page 475]]

    (2) Pesticides not meeting the conditions set forth in paragraph (a) 
of this section. These pesticides must be managed in compliance with the 
hazardous waste regulations in 40 CFR parts 260 through 272, except that 
aerosol cans as defined in Sec. 273.9 that contain pesticides may be 
managed as aerosol can universal waste under Sec. 273.13(e) or Sec. 
273.33(e);
    (3) Pesticides that are not wastes under part 261 of this chapter, 
including those that do not meet the criteria for waste generation in 
paragraph (c) of this section or those that are not wastes as described 
in paragraph (d) of this section; and
    (4) Pesticides that are not hazardous waste. A pesticide is a 
hazardous waste if it is listed in 40 CFR part 261, subpart D or if it 
exhibits one or more of the characteristics identified in 40 CFR part 
261, subpart C.
    (c) When a pesticide becomes a waste. (1) A recalled pesticide 
described in paragraph (a)(1) of this section becomes a waste on the 
first date on which both of the following conditions apply:
    (i) The generator of the recalled pesticide agrees to participate in 
the recall; and
    (ii) The person conducting the recall decides to discard (e.g., burn 
the pesticide for energy recovery).
    (2) An unused pesticide product described in paragraph (a)(2) of 
this section becomes a waste on the date the generator decides to 
discard it.
    (d) Pesticides that are not wastes. The following pesticides are not 
wastes:
    (1) Recalled pesticides described in paragraph (a)(1) of this 
section, provided that the person conducting the recall:
    (i) Has not made a decision to discard (e.g., burn for energy 
recovery) the pesticide. Until such a decision is made, the pesticide 
does not meet the definition of ``solid waste'' under 40 CFR 261.2; thus 
the pesticide is not a hazardous waste and is not subject to hazardous 
waste requirements, including this part 273. This pesticide remains 
subject to the requirements of FIFRA; or
    (ii) Has made a decision to use a management option that, under 40 
CFR 261.2, does not cause the pesticide to be a solid waste (i.e., the 
selected option is use (other than use constituting disposal) or reuse 
(other than burning for energy recovery), or reclamation). Such a 
pesticide is not a solid waste and therefore is not a hazardous waste, 
and is not subject to the hazardous waste requirements including this 
part 273. This pesticide, including a recalled pesticide that is 
exported to a foreign destination for use or reuse, remains subject to 
the requirements of FIFRA.
    (2) Unused pesticide products described in paragraph (a)(2) of this 
section, if the generator of the unused pesticide product has not 
decided to discard (e.g., burn for energy recovery) them. These 
pesticides remain subject to the requirements of FIFRA.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36488, July 6, 1999; 84 
FR 67218, Dec. 9, 2019]



Sec. 273.4  Applicability--Mercury-containing equipment.

    (a) Mercury-containing equipment covered under this part 273. The 
requirements of this part apply to persons managing mercury-containing 
equipment, as described in Sec. 273.9, except those listed in paragraph 
(b) of this section.
    (b) Mercury-containing equipment not covered under this part 273. 
The requirements of this part do not apply to persons managing the 
following mercury-containing equipment:
    (1) Mercury-containing equipment that is not yet a waste under part 
261 of this chapter. Paragraph (c) of this section describes when 
mercury-containing equipment becomes a waste;
    (2) Mercury-containing equipment that is not a hazardous waste. 
Mercury-containing equipment is a hazardous waste if it exhibits one or 
more of the characteristics identified in part 261, subpart C of this 
chapter or is listed in part 261, subpart D of this chapter; and
    (3) Equipment and devices from which the mercury-containing 
components have been removed.
    (c) Generation of waste mercury-containing equipment. (1) Used 
mercury-containing equipment becomes a waste on the date it is 
discarded.

[[Page 476]]

    (2) Unused mercury-containing equipment becomes a waste on the date 
the handler decides to discard it.

[70 FR 45520, Aug. 5, 2005]



Sec. 273.5  Applicability--lamps.

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

[64 FR 36488, July 6, 1999]



Sec. 273.6  Applicability--Aerosol cans.

    (a) Aerosol cans covered under this part. The requirements of this 
part apply to persons managing aerosol cans, as described in Sec. 
273.9, except those listed in paragraph (b) of this section.
    (b) Aerosol cans not covered under this part. The requirements of 
this part do not apply to persons managing the following types of 
aerosol cans:
    (1) Aerosol cans that are not yet waste under part 261 of this 
chapter. Paragraph (c) of this section describes when an aerosol can 
becomes a waste;
    (2) Aerosol cans that are not hazardous waste. An aerosol can is a 
hazardous waste if the aerosol can exhibits one or more of the 
characteristics identified in part 261, subpart C, of this chapter or 
the aerosol can contains a substance that is listed in part 261, subpart 
D, of this chapter; and
    (3) Aerosol cans that meet the standard for empty containers under 
Sec. 261.7 of this chapter.
    (c) Generation of waste aerosol cans. (1) A used aerosol can becomes 
a waste on the date it is discarded.
    (2) An unused aerosol can becomes a waste on the date the handler 
decides to discard it.

[84 FR 67218, Dec. 9, 2019]



Sec. 273.7  [Reserved]



Sec. 273.8  Applicability--household and very small quantity generator waste.

    (a) Persons managing the wastes listed below may, at their option, 
manage them under the requirements of this part:
    (1) Household wastes that are exempt under Sec. 261.4(b)(1) of this 
chapter and are also of the same type as the universal wastes defined at 
Sec. 273.9; and/or
    (2) Very small quantity generator wastes that are exempt under Sec. 
262.14 of this chapter and are also of the same type as the universal 
wastes defined at Sec. 273.9.
    (b) Persons who commingle the wastes described in paragraphs (a)(1) 
and (a)(2) of this section together with universal waste regulated under 
this part must manage the commingled waste under the requirements of 
this part.

[64 FR 36488, July 6, 1999, as amended at 81 FR 85828, Nov. 28, 2016]



Sec. 273.9  Definitions.

    Aerosol can means a non-refillable receptacle containing a gas 
compressed, liquefied, or dissolved under pressure, the sole purpose of 
which is to expel a liquid, paste, or powder and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
    Ampule means an airtight vial made of glass, plastic, metal, or any 
combination of these materials.
    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 477]]

unbroken battery from which the electrolyte has been removed.
    Destination facility means a facility that treats, disposes of, or 
recycles a particular category of universal waste, except those 
management activities described in Sec. 273.13 (a) and (c) and Sec. 
273.33 (a) and (c). A facility at which a particular category of 
universal waste is only accumulated, is not a destination facility for 
purposes of managing that category of universal waste.
    FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136-136y).
    Generator means any person, by site, whose act or process produces 
hazardous waste identified or listed in part 261 of this chapter or 
whose act first causes a hazardous waste to become subject to 
regulation.
    Lamp, also referred to as ``universal waste lamp'' is defined as the 
bulb or tube portion of an electric lighting device. A lamp is 
specifically designed to produce radiant energy, most often in the 
ultraviolet, visible, and infra-red regions of the electromagnetic 
spectrum. Examples of common universal waste electric lamps include, but 
are not limited to, fluorescent, high intensity discharge, neon, mercury 
vapor, high pressure sodium, and metal halide lamps.
    Large quantity handler of universal waste means a universal waste 
handler (as defined in this section) who accumulates 5,000 kilograms or 
more total of universal waste (batteries, pesticides, mercury-containing 
equipment, lamps, or aerosol cans, calculated collectively) at any time. 
This designation as a large quantity handler of universal waste is 
retained through the end of the calendar year in which the 5,000-
kilogram limit is met or exceeded.
    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.
    On-site means the same or geographically contiguous property which 
may be divided by public or private right-of-way, provided that the 
entrance and exit between the properties is at a cross-roads 
intersection, and access is by crossing as opposed to going along the 
right of way. Non-contiguous properties owned by the same person but 
connected by a right-of-way which he controls and to which the public 
does not have access, are also considered on-site property.
    Pesticide means any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, or intended 
for use as a plant regulator, defoliant, or desiccant, other than any 
article that:
    (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.
    Small quantity handler of universal waste means a universal waste 
handler (as defined in this section) who does not accumulate 5,000 
kilograms or more of universal waste (batteries, pesticides, mercury-
containing equipment, lamps, or aerosol cans, calculated collectively) 
at any time.
    Thermostat means a temperature control device that contains metallic 
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control 
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 
273.33(c)(2).
    Universal waste means any of the following hazardous wastes that are 
subject to the universal waste requirements of this part:
    (1) Batteries as described in Sec. 273.2;
    (2) Pesticides as described in Sec. 273.3;
    (3) Mercury-containing equipment as described in Sec. 273.4;
    (4) Lamps as described in Sec. 273.5; and
    (5) Aerosol cans as described in Sec. 273.6.
    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

[[Page 478]]

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 Sec. 
273.13(a) or (c), or Sec. 273.33(a) or (c)), disposes of, or recycles 
(except under the provisions of Sec. 273.13(e) or Sec. 273.33(e)) 
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 transfer facility means any transportation-related 
facility including loading docks, parking areas, storage areas and other 
similar areas where shipments of universal waste are held during the 
normal course of transportation for ten days or less.
    Universal waste transporter means a person engaged in the off-site 
transportation of universal waste by air, rail, highway, or water.

[60 FR 25542, May 11, 1995, as amended at 63 FR 71230, Dec. 24, 1998. 
Redesignated and amended at 64 FR 36488, 36489, July 6, 1999; 70 FR 
45521, Aug. 5, 2005; 71 FR 40280, July 14, 2006; 84 FR 67218, Dec. 9, 
2019]



   Subpart B_Standards for Small Quantity Handlers of Universal Waste



Sec. 273.10  Applicability.

    This subpart applies to small quantity handlers of universal waste 
(as defined in 40 CFR 273.9).

[64 FR 36489, July 6, 1999]



Sec. 273.11  Prohibitions.

    A small quantity handler of universal waste is:
    (a) Prohibited from disposing of universal waste; and
    (b) Prohibited from diluting or treating universal waste, except by 
responding to releases as provided in 40 CFR 273.17; or by managing 
specific wastes as provided in 40 CFR 273.13.



Sec. 273.12  Notification.

    A small quantity handler of universal waste is not required to 
notify EPA of universal waste handling activities.



Sec. 273.13  Waste management.

    (a) Universal waste batteries. A small quantity handler of universal 
waste must manage universal waste batteries in a way that prevents 
releases of any universal waste or component of a universal waste to the 
environment, as follows:
    (1) A small quantity handler of universal waste must contain any 
universal waste battery that shows evidence of leakage, spillage, or 
damage that could cause leakage under reasonably foreseeable conditions 
in a container. The container must be closed, structurally sound, 
compatible with the contents of the battery, and must lack evidence of 
leakage, spillage, or damage that could cause leakage under reasonably 
foreseeable conditions.
    (2) A small quantity handler of universal waste may conduct the 
following activities as long as the casing of each individual battery 
cell is not breached and remains intact and closed (except that cells 
may be opened to remove electrolyte but must be immediately closed after 
removal):
    (i) Sorting batteries by type;
    (ii) Mixing battery types in one container;
    (iii) Discharging batteries so as to remove the electric charge;
    (iv) Regenerating used batteries;
    (v) Disassembling batteries or battery packs into individual 
batteries or cells;
    (vi) Removing batteries from consumer products; or
    (vii) Removing electrolyte from batteries.
    (3) A small quantity handler of universal waste who removes 
electrolyte from batteries, or who generates other solid waste (e.g., 
battery pack materials, discarded consumer products) as a result of the 
activities listed above, must determine whether the electrolyte and/or 
other solid waste exhibit a characteristic of hazardous waste identified 
in 40 CFR part 261, subpart C.
    (i) If the electrolyte and/or other solid waste exhibit a 
characteristic of hazardous waste, it is subject to all applicable 
requirements of 40 CFR parts 260 through 272. The handler is considered 
the generator of the hazardous electrolyte and/or other waste and is 
subject to 40 CFR part 262.

[[Page 479]]

    (ii) If the electrolyte or other solid waste is not hazardous, the 
handler may manage the waste in any way that is in compliance with 
applicable federal, state or local solid waste regulations.
    (b) Universal waste pesticides. A small quantity handler of 
universal waste must manage universal waste pesticides in a way that 
prevents releases of any universal waste or component of a universal 
waste to the environment. The universal waste pesticides must be 
contained in one or more of the following:
    (1) A container that remains closed, structurally sound, compatible 
with the pesticide, and that lacks evidence of leakage, spillage, or 
damage that could cause leakage under reasonably foreseeable conditions; 
or
    (2) A container that does not meet the requirements of paragraph 
(b)(1) of this Section, provided that the unacceptable container is 
overpacked in a container that does meet the requirements of paragraph 
(b)(1) of this Section; or
    (3) A tank that meets the requirements of 40 CFR part 265 subpart J, 
except for 40 CFR 265.197(c), 265.200, and 265.201; or
    (4) A transport vehicle or vessel that is closed, structurally 
sound, compatible with the pesticide, and that lacks evidence of 
leakage, spillage, or damage that could cause leakage under reasonably 
foreseeable conditions.
    (c) Mercury-containing equipment. A small quantity handler of 
universal waste must manage universal waste mercury-containing equipment 
in a way that prevents releases of any universal waste or component of a 
universal waste to the environment, as follows:
    (1) A small quantity handler of universal waste must place in a 
container any universal waste mercury-containing equipment with non-
contained elemental mercury or that shows evidence of leakage, spillage, 
or damage that could cause leakage under reasonably foreseeable 
conditions. The container must be closed, structurally sound, compatible 
with the contents of the device, must lack evidence of leakage, 
spillage, or damage that could cause leakage under reasonably 
foreseeable conditions, and must be reasonably designed to prevent the 
escape of mercury into the environment by volatilization or any other 
means.
    (2) A small quantity handler of universal waste may remove mercury-
containing ampules from universal waste mercury-containing equipment 
provided the handler:
    (i) Removes and manages the ampules in a manner designed to prevent 
breakage of the ampules;
    (ii) Removes the ampules only over or in a containment device (e.g., 
tray or pan sufficient to collect and contain any mercury released from 
an ampule in case of breakage);
    (iii) Ensures that a mercury clean-up system is readily available to 
immediately transfer any mercury resulting from spills or leaks from 
broken ampules from that containment device to a container that is 
subject to all applicable requirements of 40 CFR parts 260 through 272;
    (iv) Immediately transfers any mercury resulting from spills or 
leaks from broken ampules from the containment device to a container 
that is subject to all applicable requirements of 40 CFR parts 260 
through 272;
    (v) Ensures that the area in which ampules are removed is well 
ventilated and monitored to ensure compliance with applicable OSHA 
exposure levels for mercury;
    (vi) Ensures that employees removing ampules are thoroughly familiar 
with proper waste mercury handling and emergency procedures, including 
transfer of mercury from containment devices to appropriate containers;
    (vii) Stores removed ampules in closed, non-leaking containers that 
are in good condition;
    (viii) Packs removed ampules in the container with packing materials 
adequate to prevent breakage during storage, handling, and 
transportation;
    (3) A small quantity handler of universal waste mercury-containing 
equipment that does not contain an ampule may remove the open original 
housing holding the mercury from universal waste mercury-containing 
equipment provided the handler:
    (i) Immediately seals the original housing holding the mercury with 
an

[[Page 480]]

air-tight seal to prevent the release of any mercury to the environment; 
and
    (ii) Follows all requirements for removing ampules and managing 
removed ampules under paragraph (c)(2) of this section; and
    (4) (i) A small quantity handler of universal waste who removes 
mercury-containing ampules from mercury-containing equipment or seals 
mercury from mercury-containing equipment in its original housing must 
determine whether the following exhibit a characteristic of hazardous 
waste identified in 40 CFR part 261, subpart C:
    (A) Mercury or clean-up residues resulting from spills or leaks and/
or
    (B) Other solid waste generated as a result of the removal of 
mercury-containing ampules or housings (e.g., the remaining mercury-
containing device).
    (ii) If the mercury, residues, and/or other solid waste exhibits a 
characteristic of hazardous waste, it must be managed in compliance with 
all applicable requirements of 40 CFR parts 260 through 272. The handler 
is considered the generator of the mercury, residues, and/or other waste 
and must manage it in compliance with 40 CFR part 262.
    (iii) If the mercury, residues, and/or other solid waste is not 
hazardous, the handler may manage the waste in any way that is in 
compliance with applicable federal, state or local solid waste 
regulations.
    (d) Lamps. A small quantity handler of universal waste must manage 
lamps in a way that prevents releases of any universal waste or 
component of a universal waste to the environment, as follows:
    (1) A small quantity handler of universal waste must contain any 
lamp in containers or packages that are structurally sound, adequate to 
prevent breakage, and compatible with the contents of the lamps. Such 
containers and packages must remain closed and must lack evidence of 
leakage, spillage or damage that could cause leakage under reasonably 
foreseeable conditions.
    (2) A small quantity handler of universal waste must immediately 
clean up and place in a container any lamp that is broken and must place 
in a container any lamp that shows evidence of breakage, leakage, or 
damage that could cause the release of mercury or other hazardous 
constituents to the environment. Containers must be closed, structurally 
sound, compatible with the contents of the lamps and must lack evidence 
of leakage, spillage or damage that could cause leakage or releases of 
mercury or other hazardous constituents to the environment under 
reasonably foreseeable conditions.
    (e) Aerosol cans. A small quantity handler of universal waste must 
manage universal waste aerosol cans in a way that prevents releases of 
any universal waste or component of a universal waste to the 
environment, as follows:
    (1) Universal waste aerosol cans must be accumulated in a container 
that is structurally sound, compatible with the contents of the aerosol 
cans, lacks evidence of leakage, spillage, or damage that could cause 
leakage under reasonably foreseeable conditions, and is protected from 
sources of heat.
    (2) Universal waste aerosol cans that show evidence of leakage must 
be packaged in a separate closed container or overpacked with 
absorbents, or immediately punctured and drained in accordance with the 
requirements of paragraph (e)(4) of this section.
    (3) A small quantity handler of universal waste may conduct the 
following activities as long as each individual aerosol can is not 
breached and remains intact:
    (i) Sorting aerosol cans by type;
    (ii) Mixing intact cans in one container; and
    (iii) Removing actuators to reduce the risk of accidental release; 
and
    (4) A small quantity handler of universal waste who punctures and 
drains their aerosol cans must recycle the empty punctured aerosol cans 
and meet the following requirements while puncturing and draining 
universal waste aerosol cans:
    (i) Conduct puncturing and draining activities using a device 
specifically designed to safely puncture aerosol cans and effectively 
contain the residual contents and any emissions thereof.

[[Page 481]]

    (ii) Establish and follow a written procedure detailing how to 
safely puncture and drain the universal waste aerosol can (including 
proper assembly, operation and maintenance of the unit, segregation of 
incompatible wastes, and proper waste management practices to prevent 
fires or releases); maintain a copy of the manufacturer's specification 
and instruction on site; and ensure employees operating the device are 
trained in the proper procedures.
    (iii) Ensure that puncturing of the can is done in a manner designed 
to prevent fires and to prevent the release of any component of 
universal waste to the environment. This manner includes, but is not 
limited to, locating the equipment on a solid, flat surface in a well-
ventilated area.
    (iv) Immediately transfer the contents from the waste aerosol can or 
puncturing device, if applicable, to a container or tank that meets the 
applicable requirements of 40 CFR 262.14, 262.15, 262.16, or 262.17.
    (v) Conduct a hazardous waste determination on the contents of the 
emptied aerosol can per 40 CFR 262.11. Any hazardous waste generated as 
a result of puncturing and draining the aerosol can is subject to all 
applicable requirements of 40 CFR parts 260 through 272. The handler is 
considered the generator of the hazardous waste and is subject to 40 CFR 
part 262.
    (vi) If the contents are determined to be nonhazardous, the handler 
may manage the waste in any way that is in compliance with applicable 
Federal, state, or local solid waste regulations.
    (vii) A written procedure must be in place in the event of a spill 
or leak and a spill clean-up kit must be provided. All spills or leaks 
of the contents of the aerosol cans must be cleaned up promptly.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999; 70 
FR 45521, Aug. 5, 2005; 71 FR 40280, July 14, 2006; 84 FR 67218, Dec. 9, 
2019]



Sec. 273.14  Labeling/marking.

    A small quantity handler of universal waste must label or mark the 
universal waste to identify the type of universal waste as specified 
below:
    (a) Universal waste batteries (i.e., each battery), or a container 
in which the batteries are contained, must be labeled or marked clearly 
with any one of the following phrases: ``Universal Waste--
Battery(ies),'' or ``Waste Battery(ies),'' or ``Used Battery(ies);''
    (b) A container, (or multiple container package unit), tank, 
transport vehicle or vessel in which recalled universal waste pesticides 
as described in 40 CFR 273.3(a)(1) are contained must be labeled or 
marked clearly with:
    (1) The label that was on or accompanied the product as sold or 
distributed; and
    (2) The words ``Universal Waste-Pesticide(s)'' or ``Waste-
Pesticide(s);''
    (c) A container, tank, or transport vehicle or vessel in which 
unused pesticide products as described in 40 CFR 273.3(a)(2) are 
contained must be labeled or marked clearly with:
    (1)(i) The label that was on the product when purchased, if still 
legible;
    (ii) If using the labels described in paragraph (c)(1)(i) of this 
section is not feasible, the appropriate label as required under the 
Department of Transportation regulation 49 CFR part 172;
    (iii) If using the labels described in paragraphs (c)(1) (i) and 
(ii) of this section is not feasible, another label prescribed or 
designated by the waste pesticide collection program administered or 
recognized by a state; and
    (2) The words ``Universal Waste-Pesticide(s)'' or ``Waste-
Pesticide(s).''
    (d)(1) Universal waste mercury-containing equipment (i.e., each 
device), or a container in which the equipment is contained, must be 
labeled or marked clearly with any of the following phrases: ``Universal 
Waste--Mercury Containing Equipment,'' ``Waste Mercury-Containing 
Equipment,'' or ``Used Mercury-Containing Equipment.''
    (2) A universal waste mercury-containing thermostat or container 
containing only universal waste mercury-containing thermostats may be 
labeled or marked clearly with any of the following phrases: ``Universal 
Waste--Mercury Thermostat(s),'' ``Waste Mercury Thermostat(s),'' or 
``Used Mercury Thermostat(s).''
    (e) Each lamp or a container or package in which such lamps are 
contained must be labeled or marked clearly with

[[Page 482]]

one of the following phrases: ``Universal Waste--Lamp(s),'' or ``Waste 
Lamp(s),'' or ``Used Lamp(s)''.
    (f) Universal waste aerosol cans (i.e., each aerosol can), or a 
container in which the aerosol cans are contained, must be labeled or 
marked clearly with any of the following phrases: ``Universal Waste--
Aerosol Can(s),'' ``Waste Aerosol Can(s),'' or ``Used Aerosol Can(s)''.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999; 70 
FR 45521, Aug. 5, 2005; 71 FR 40280, July 14, 2006; 84 FR 67219, Dec. 9, 
2019]



Sec. 273.15  Accumulation time limits.

    (a) A small quantity handler of universal waste may accumulate 
universal waste for no longer than one year from the date the universal 
waste is generated, or received from another handler, unless the 
requirements of paragraph (b) of this section are met.
    (b) A small quantity handler of universal waste may accumulate 
universal waste for longer than one year from the date the universal 
waste is generated, or received from another handler, if such activity 
is solely for the purpose of accumulation of such quantities of 
universal waste as necessary to facilitate proper recovery, treatment, 
or disposal. However, the handler bears the burden of proving that such 
activity is solely for the purpose of accumulation of such quantities of 
universal waste as necessary to facilitate proper recovery, treatment, 
or disposal.
    (c) A small quantity handler of universal waste who accumulates 
universal waste must be able to demonstrate the length of time that the 
universal waste has been accumulated from the date it becomes a waste or 
is received. The handler may make this demonstration by:
    (1) Placing the universal waste in a container and marking or 
labeling the container with the earliest date that any universal waste 
in the container became a waste or was received;
    (2) Marking or labeling each individual item of universal waste 
(e.g., each battery or thermostat) with the date it became a waste or 
was received;
    (3) Maintaining an inventory system on-site that identifies the date 
each universal waste became a waste or was received;
    (4) Maintaining an inventory system on-site that identifies the 
earliest date that any universal waste in a group of universal waste 
items or a group of containers of universal waste became a waste or was 
received;
    (5) Placing the universal waste in a specific accumulation area and 
identifying the earliest date that any universal waste in the area 
became a waste or was received; or
    (6) Any other method which clearly demonstrates the length of time 
that the universal waste has been accumulated from the date it becomes a 
waste or is received.



Sec. 273.16  Employee training.

    A small quantity handler of universal waste must inform all 
employees who handle or have responsibility for managing universal 
waste. The information must describe proper handling and emergency 
procedures appropriate to the type(s) of universal waste handled at the 
facility.



Sec. 273.17  Response to releases.

    (a) A small quantity handler of universal waste must immediately 
contain all releases of universal wastes and other residues from 
universal wastes.
    (b) A small quantity handler of universal waste must determine 
whether any material resulting from the release is hazardous waste, and 
if so, must manage the hazardous waste in compliance with all applicable 
requirements of 40 CFR parts 260 through 272. The handler is considered 
the generator of the material resulting from the release, and must 
manage it in compliance with 40 CFR part 262.



Sec. 273.18  Off-site shipments.

    (a) A small quantity handler of universal waste is prohibited from 
sending or taking universal waste to a place other than another 
universal waste handler, a destination facility, or a foreign 
destination.
    (b) If a small quantity handler of universal waste self-transports 
universal waste off-site, the handler becomes a universal waste 
transporter for those self-transportation activities and must

[[Page 483]]

comply with the transporter requirements of subpart D of this part while 
transporting the universal waste.
    (c) If a universal waste being offered for off-site transportation 
meets the definition of hazardous materials under 49 CFR parts 171 
through 180, a small quantity handler of universal waste must package, 
label, mark and placard the shipment, and prepare the proper shipping 
papers in accordance with the applicable Department of Transportation 
regulations under 49 CFR parts 172 through 180;
    (d) Prior to sending a shipment of universal waste to another 
universal waste handler, the originating handler must ensure that the 
receiving handler agrees to receive the shipment.
    (e) If a small quantity handler of universal waste sends a shipment 
of universal waste to another handler or to a destination facility and 
the shipment is rejected by the receiving handler or destination 
facility, the originating handler must either:
    (1) Receive the waste back when notified that the shipment has been 
rejected, or
    (2) Agree with the receiving handler on a destination facility to 
which the shipment will be sent.
    (f) A small quantity handler of universal waste may reject a 
shipment containing universal waste, or a portion of a shipment 
containing universal waste that he has received from another handler. If 
a handler rejects a shipment or a portion of a shipment, he must contact 
the originating handler to notify him of the rejection and to discuss 
reshipment of the load. The handler must:
    (1) Send the shipment back to the originating handler, or
    (2) If agreed to by both the originating and receiving handler, send 
the shipment to a destination facility.
    (g) If a small quantity handler of universal waste receives a 
shipment containing hazardous waste that is not a universal waste, the 
handler must immediately notify the appropriate regional EPA office of 
the illegal shipment, and provide the name, address, and phone number of 
the originating shipper. The EPA regional office will provide 
instructions for managing the hazardous waste.
    (h) If a small quantity handler of universal waste receives a 
shipment of non-hazardous, non-universal waste, the handler may manage 
the waste in any way that is in compliance with applicable federal, 
state or local solid waste regulations.



Sec. 273.19  Tracking universal waste shipments.

    A small quantity handler of universal waste is not required to keep 
records of shipments of universal waste.



Sec. 273.20  Exports.

    A small quantity handler of universal waste who sends universal 
waste to a foreign destination is subject to the requirements of 40 CFR 
part 262, subpart H.

[81 FR 85729, Nov. 28, 2016]



   Subpart C_Standards for Large Quantity Handlers of Universal Waste



Sec. 273.30  Applicability.

    This subpart applies to large quantity handlers of universal waste 
(as defined in Sec. 273.9).

[64 FR 36489, July 6, 1999]



Sec. 273.31  Prohibitions.

    A large quantity handler of universal waste is:
    (a) Prohibited from disposing of universal waste; and
    (b) Prohibited from diluting or treating universal waste, except by 
responding to releases as provided in 40 CFR 273.37; or by managing 
specific wastes as provided in 40 CFR 273.33.



Sec. 273.32  Notification.

    (a)(1) Except as provided in paragraphs (a) (2) and (3) of this 
section, a large quantity handler of universal waste must have sent 
written notification of universal waste management to the Regional 
Administrator, and received an EPA Identification Number, before meeting 
or exceeding the 5,000 kilogram storage limit.
    (2) A large quantity handler of universal waste who has already 
notified EPA of his hazardous waste management activities and has 
received an

[[Page 484]]

EPA Identification Number is not required to renotify under this 
section.
    (3) A large quantity handler of universal waste who manages recalled 
universal waste pesticides as described in 40 CFR 273.3(a)(1) and who 
has sent notification to EPA as required by 40 CFR part 165 is not 
required to notify for those recalled universal waste pesticides under 
this section.
    (b) This notification must include:
    (1) The universal waste handler's name and mailing address;
    (2) The name and business telephone number of the person at the 
universal waste handler's site who should be contacted regarding 
universal waste management activities;
    (3) The address or physical location of the universal waste 
management activities;
    (4) A list of all the types of universal waste managed by the 
handler (e.g., batteries, pesticides, mercury-containing equipment, 
lamps, and aerosol cans); and
    (5) A statement indicating that the handler is accumulating more 
than 5,000 kilograms of universal waste at one time.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999; 70 
FR 45522, Aug. 5, 2005; 84 FR 67219, Dec. 9, 2019]



Sec. 273.33  Waste management.

    (a) Universal waste batteries. A large quantity handler of universal 
waste must manage universal waste batteries in a way that prevents 
releases of any universal waste or component of a universal waste to the 
environment, as follows:
    (1) A large quantity handler of universal waste must contain any 
universal waste battery that shows evidence of leakage, spillage, or 
damage that could cause leakage under reasonably foreseeable conditions 
in a container. The container must be closed, structurally sound, 
compatible with the contents of the battery, and must lack evidence of 
leakage, spillage, or damage that could cause leakage under reasonably 
foreseeable conditions.
    (2) A large quantity handler of universal waste may conduct the 
following activities as long as the casing of each individual battery 
cell is not breached and remains intact and closed (except that cells 
may be opened to remove electrolyte but must be immediately closed after 
removal):
    (i) Sorting batteries by type;
    (ii) Mixing battery types in one container;
    (iii) Discharging batteries so as to remove the electric charge;
    (iv) Regenerating used batteries;
    (v) Disassembling batteries or battery packs into individual 
batteries or cells;
    (vi) Removing batteries from consumer products; or
    (vii) Removing electrolyte from batteries.
    (3) A large quantity handler of universal waste who removes 
electrolyte from batteries, or who generates other solid waste (e.g., 
battery pack materials, discarded consumer products) as a result of the 
activities listed above, must determine whether the electrolyte and/or 
other solid waste exhibit a characteristic of hazardous waste identified 
in 40 CFR part 261, subpart C.
    (i) If the electrolyte and/or other solid waste exhibit a 
characteristic of hazardous waste, it must be managed in compliance with 
all applicable requirements of 40 CFR parts 260 through 272. The handler 
is considered the generator of the hazardous electrolyte and/or other 
waste and is subject to 40 CFR part 262.
    (ii) If the electrolyte or other solid waste is not hazardous, the 
handler may manage the waste in any way that is in compliance with 
applicable federal, state or local solid waste regulations.
    (b) Universal waste pesticides. A large quantity handler of 
universal waste must manage universal waste pesticides in a way that 
prevents releases of any universal waste or component of a universal 
waste to the environment. The universal waste pesticides must be 
contained in one or more of the following:
    (1) A container that remains closed, structurally sound, compatible 
with the pesticide, and that lacks evidence of leakage, spillage, or 
damage that could cause leakage under reasonably foreseeable conditions; 
or
    (2) A container that does not meet the requirements of paragraph 
(b)(1) of

[[Page 485]]

this section, provided that the unacceptable container is overpacked in 
a container that does meet the requirements of paragraph (b)(1) of this 
section; or
    (3) A tank that meets the requirements of 40 CFR part 265 subpart J, 
except for 40 CFR 265.197(c), 265.200, and 265.201; or
    (4) A transport vehicle or vessel that is closed, structurally 
sound, compatible with the pesticide, and that lacks evidence of 
leakage, spillage, or damage that could cause leakage under reasonably 
foreseeable conditions.
    (c) Mercury-containing equipment. A large quantity handler of 
universal waste must manage universal waste mercury-containing equipment 
in a way that prevents releases of any universal waste or component of a 
universal waste to the environment, as follows:
    (1) A large quantity handler of universal waste must place in a 
container any universal waste mercury-containing equipment with non-
contained elemental mercury or that shows evidence of leakage, spillage, 
or damage that could cause leakage under reasonably foreseeable 
conditions. The container must be closed, structurally sound, compatible 
with the contents of the device, must lack evidence of leakage, 
spillage, or damage that could cause leakage under reasonably 
foreseeable conditions, and must be reasonably designed to prevent the 
escape of mercury into the environment by volatilization or any other 
means.
    (2) A large quantity handler of universal waste may remove mercury-
containing ampules from universal waste mercury-containing equipment 
provided the handler:
    (i) Removes and manages the ampules in a manner designed to prevent 
breakage of the ampules;
    (ii) Removes the ampules only over or in a containment device (e.g., 
tray or pan sufficient to collect and contain any mercury released from 
an ampule in case of breakage);
    (iii) Ensures that a mercury clean-up system is readily available to 
immediately transfer any mercury resulting from spills or leaks of 
broken ampules from that containment device to a container that is 
subject to all applicable requirements of 40 CFR parts 260 through 272;
    (iv) Immediately transfers any mercury resulting from spills or 
leaks from broken ampules from the containment device to a container is 
subject to all applicable requirements of 40 CFR parts 260 through 272;
    (v) Ensures that the area in which ampules are removed is well 
ventilated and monitored to ensure compliance with applicable OSHA 
exposure levels for mercury;
    (vi) Ensures that employees removing ampules are thoroughly familiar 
with proper waste mercury handling and emergency procedures, including 
transfer of mercury from containment devices to appropriate containers;
    (vii) Stores removed ampules in closed, non-leaking containers that 
are in good condition;
    (viii) Packs removed ampules in the container with packing materials 
adequate to prevent breakage during storage, handling, and 
transportation;
    (3) A large quantity handler of universal waste mercury-containing 
equipment that does not contain an ampule may remove the open original 
housing holding the mercury from universal waste mercury-containing 
equipment provided the handler:
    (i) Immediately seals the original housing holding the mercury with 
an air-tight seal to prevent the release of any mercury to the 
environment; and
    (ii) Follows all requirements for removing ampules and managing 
removed ampules under paragraph (c)(2) of this section; and
    (4) (i) A large quantity handler of universal waste who removes 
mercury-containing ampules from mercury-containing equipment or seals 
mercury from mercury-containing equipment in its original housing must 
determine whether the following exhibit a characteristic of hazardous 
waste identified in 40 CFR part 261, subpart C:
    (A) Mercury or clean-up residues resulting from spills or leaks and/
or
    (B) Other solid waste generated as a result of the removal of 
mercury-containing ampules or housings (e.g., the remaining mercury-
containing device).
    (ii) If the mercury, residues, and/or other solid waste exhibits a 
characteristic of hazardous waste, it must

[[Page 486]]

be managed in compliance with all applicable requirements of 40 CFR 
parts 260 through 272. The handler is considered the generator of the 
mercury, residues, and/or other waste and must manage it in compliance 
with 40 CFR part 262.
    (iii) If the mercury, residues, and/or other solid waste is not 
hazardous, the handler may manage the waste in any way that is in 
compliance with applicable federal, state or local solid waste 
regulations.
    (d) Lamps. A large quantity handler of universal waste must manage 
lamps in a way that prevents releases of any universal waste or 
component of a universal waste to the environment, as follows:
    (1) A large quantity handler of universal waste must contain any 
lamp in containers or packages that are structurally sound, adequate to 
prevent breakage, and compatible with the contents of the lamps. Such 
containers and packages must remain closed and must lack evidence of 
leakage, spillage or damage that could cause leakage under reasonably 
foreseeable conditions.
    (2) A large quantity handler of universal waste must immediately 
clean up and place in a container any lamp that is broken and must place 
in a container any lamp that shows evidence of breakage, leakage, or 
damage that could cause the release of mercury or other hazardous 
constituents to the environment. Containers must be closed, structurally 
sound, compatible with the contents of the lamps and must lack evidence 
of leakage, spillage or damage that could cause leakage or releases of 
mercury or other hazardous constituents to the environment under 
reasonably foreseeable conditions.
    (e) Aerosol cans. A large quantity handler of universal waste must 
manage universal waste aerosol cans in a way that prevents releases of 
any universal waste or component of a universal waste to the 
environment, as follows:
    (1) Universal waste aerosol cans must be accumulated in a container 
that is structurally sound, compatible with the contents of the aerosol 
cans, lacks evidence of leakage, spillage, or damage that could cause 
leakage under reasonably foreseeable conditions, and is protected from 
sources of heat.
    (2) Universal waste aerosol cans that show evidence of leakage must 
be packaged in a separate closed container or overpacked with 
absorbents, or immediately punctured and drained in accordance with the 
requirements of paragraph (e)(4) of this section.
    (3) A large quantity handler of universal waste may conduct the 
following activities as long as each individual aerosol can is not 
breached and remains intact:
    (i) Sorting aerosol cans by type;
    (ii) Mixing intact cans in one container; and
    (iii) Removing actuators to reduce the risk of accidental release; 
and
    (4) A large quantity handler of universal waste who punctures and 
drains their aerosol cans must recycle the empty punctured aerosol cans 
and meet the following requirements while puncturing and draining 
universal waste aerosol cans:
    (i) Conduct puncturing and draining activities using a device 
specifically designed to safely puncture aerosol cans and effectively 
contain the residual contents and any emissions thereof.
    (ii) Establish and follow a written procedure detailing how to 
safely puncture and drain the universal waste aerosol can (including 
proper assembly, operation and maintenance of the unit, segregation of 
incompatible wastes, and proper waste management practices to prevent 
fires or releases); maintain a copy of the manufacturer's specification 
and instruction on site; and ensure employees operating the device are 
trained in the proper procedures.
    (iii) Ensure that puncturing of the can is done in a manner designed 
to prevent fires and to prevent the release of any component of 
universal waste to the environment. This includes, but is not limited 
to, locating the equipment on a solid, flat surface in a well ventilated 
area.
    (iv) Immediately transfer the contents from the waste aerosol can or 
puncturing device, if applicable, to a container or tank that meets the 
applicable requirements of 40 CFR 262.14, 262.15, 262.16, or Sec. 
262.17.

[[Page 487]]

    (v) Conduct a hazardous waste determination on the contents of the 
emptied can per 40 CFR 262.11. Any hazardous waste generated as a result 
of puncturing and draining the aerosol can is subject to all applicable 
requirements of 40 CFR parts 260 through 272. The handler is considered 
the generator of the hazardous waste and is subject to 40 CFR part 262.
    (vi) If the contents are determined to be nonhazardous, the handler 
may manage the waste in any way that is in compliance with applicable 
Federal, state, or local solid waste regulations.
    (vii) A written procedure must be in place in the event of a spill 
or release and a spill clean-up kit must be provided. All spills or 
leaks of the contents of the aerosol cans must be cleaned up promptly.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999; 70 
FR 45522, Aug. 5, 2005; 84 FR 67219, Dec. 9, 2019]



Sec. 273.34  Labeling/marking.

    A large quantity handler of universal waste must label or mark the 
universal waste to identify the type of universal waste as specified 
below:
    (a) Universal waste batteries (i.e., each battery), or a container 
or tank in which the batteries are contained, must be labeled or marked 
clearly with any one of the following phrases: ``Universal Waste--
Battery(ies),'' or ``Waste Battery(ies),'' or ``Used Battery(ies);''
    (b) A container (or multiple container package unit), tank, 
transport vehicle or vessel in which recalled universal waste pesticides 
as described in 40 CFR 273.3(a)(1) are contained must be labeled or 
marked clearly with:
    (1) The label that was on or accompanied the product as sold or 
distributed; and
    (2) The words ``Universal Waste--Pesticide(s)'' or ``Waste--
Pesticide(s);''
    (c) A container, tank, or transport vehicle or vessel in which 
unused pesticide products as described in 40 CFR 273.3(a)(2) are 
contained must be labeled or marked clearly with:
    (1)(i) The label that was on the product when purchased, if still 
legible;
    (ii) If using the labels described in paragraph (c)(1)(i) of this 
section is not feasible, the appropriate label as required under the 
Department of Transportation regulation 49 CFR part 172;
    (iii) If using the labels described in paragraphs (c) (1)(i) and 
(1)(ii) of this section is not feasible, another label prescribed or 
designated by the pesticide collection program; and
    (2) The words ``Universal Waste--Pesticide(s)'' or ``Waste--
Pesticide(s).''
    (d) (1) Mercury-containing equipment (i.e., each device), or a 
container in which the equipment is contained, must be labeled or marked 
clearly with any of the following phrases: ``Universal Waste--Mercury 
Containing Equipment,'' ``Waste Mercury-Containing Equipment,'' or 
``Used Mercury-Containing Equipment.''
    (2) A universal waste mercury-containing thermostat or container 
containing only universal waste mercury-containing thermostats may be 
labeled or marked clearly with any of the following phrases: ``Universal 
Waste--Mercury Thermostat(s),'' ``Waste Mercury Thermostat(s),'' or 
``Used Mercury Thermostat(s).''
    (e) Each lamp or a container or package in which such lamps are 
contained must be labeled or marked clearly with any one of the 
following phrases: ``Universal Waste--Lamp(s),'' or ``Waste Lamp(s),'' 
or ``Used Lamp(s)''.
    (f) Universal waste aerosol cans (i.e., each aerosol can), or a 
container in which the aerosol cans are contained, must be labeled or 
marked clearly with any of the following phrases: ``Universal Waste--
Aerosol Can(s)'', ``Waste Aerosol Can(s)'', or ``Used Aerosol Can(s)''.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36489, July 6, 1999; 70 
FR 45522, Aug. 5, 2005; 71 FR 40280, July 14, 2006; 84 FR 67220, Dec. 9, 
2019]



Sec. 273.35  Accumulation time limits.

    (a) A large quantity handler of universal waste may accumulate 
universal waste for no longer than one year from the date the universal 
waste is generated, or received from another handler, unless the 
requirements of paragraph (b) of this section are met.
    (b) A large quantity handler of universal waste may accumulate 
universal waste for longer than one year from

[[Page 488]]

the date the universal waste is generated, or received from another 
handler, if such activity is solely for the purpose of accumulation of 
such quantities of universal waste as necessary to facilitate proper 
recovery, treatment, or disposal. However, the handler bears the burden 
of proving that such activity was solely for the purpose of accumulation 
of such quantities of universal waste as necessary to facilitate proper 
recovery, treatment, or disposal.
    (c) A large quantity handler of universal waste must be able to 
demonstrate the length of time that the universal waste has been 
accumulated from the date it becomes a waste or is received. The handler 
may make this demonstration by:
    (1) Placing the universal waste in a container and marking or 
labeling the container with the earliest date that any universal waste 
in the container became a waste or was received;
    (2) Marking or labeling the individual item of universal waste 
(e.g., each battery or thermostat) with the date it became a waste or 
was received;
    (3) Maintaining an inventory system on-site that identifies the date 
the universal waste being accumulated became a waste or was received;
    (4) Maintaining an inventory system on-site that identifies the 
earliest date that any universal waste in a group of universal waste 
items or a group of containers of universal waste became a waste or was 
received;
    (5) Placing the universal waste in a specific accumulation area and 
identifying the earliest date that any universal waste in the area 
became a waste or was received; or
    (6) Any other method which clearly demonstrates the length of time 
that the universal waste has been accumulated from the date it becomes a 
waste or is received.



Sec. 273.36  Employee training.

    A large quantity handler of universal waste must ensure that all 
employees are thoroughly familiar with proper waste handling and 
emergency procedures, relative to their responsibilities during normal 
facility operations and emergencies.



Sec. 273.37  Response to releases.

    (a) A large quantity handler of universal waste must immediately 
contain all releases of universal wastes and other residues from 
universal wastes.
    (b) A large quantity handler of universal waste must determine 
whether any material resulting from the release is hazardous waste, and 
if so, must manage the hazardous waste in compliance with all applicable 
requirements of 40 CFR parts 260 through 272. The handler is considered 
the generator of the material resulting from the release, and is subject 
to 40 CFR part 262.



Sec. 273.38  Off-site shipments.

    (a) A large quantity handler of universal waste is prohibited from 
sending or taking universal waste to a place other than another 
universal waste handler, a destination facility, or a foreign 
destination.
    (b) If a large quantity handler of universal waste self-transports 
universal waste off-site, the handler becomes a universal waste 
transporter for those self-transportation activities and must comply 
with the transporter requirements of subpart D of this part while 
transporting the universal waste.
    (c) If a universal waste being offered for off-site transportation 
meets the definition of hazardous materials under 49 CFR 171 through 
180, a large quantity handler of universal waste must package, label, 
mark and placard the shipment, and prepare the proper shipping papers in 
accordance with the applicable Department of Transportation regulations 
under 49 CFR parts 172 through 180;
    (d) Prior to sending a shipment of universal waste to another 
universal waste handler, the originating handler must ensure that the 
receiving handler agrees to receive the shipment.
    (e) If a large quantity handler of universal waste sends a shipment 
of universal waste to another handler or to a destination facility and 
the shipment is rejected by the receiving handler or destination 
facility, the originating handler must either:
    (1) Receive the waste back when notified that the shipment has been 
rejected, or

[[Page 489]]

    (2) Agree with the receiving handler on a destination facility to 
which the shipment will be sent.
    (f) A large quantity handler of universal waste may reject a 
shipment containing universal waste, or a portion of a shipment 
containing universal waste that he has received from another handler. If 
a handler rejects a shipment or a portion of a shipment, he must contact 
the originating handler to notify him of the rejection and to discuss 
reshipment of the load. The handler must:
    (1) Send the shipment back to the originating handler, or
    (2) If agreed to by both the originating and receiving handler, send 
the shipment to a destination facility.
    (g) If a large quantity handler of universal waste receives a 
shipment containing hazardous waste that is not a universal waste, the 
handler must immediately notify the appropriate regional EPA office of 
the illegal shipment, and provide the name, address, and phone number of 
the originating shipper. The EPA regional office will provide 
instructions for managing the hazardous waste.
    (h) If a large quantity handler of universal waste receives a 
shipment of non-hazardous, non-universal waste, the handler may manage 
the waste in any way that is in compliance with applicable federal, 
state or local solid waste regulations.



Sec. 273.39  Tracking universal waste shipments.

    (a) Receipt of shipments. A large quantity handler of universal 
waste must keep a record of each shipment of universal waste received at 
the facility. The record may take the form of a log, invoice, manifest, 
bill of lading, movement document or other shipping document. The record 
for each shipment of universal waste received must include the following 
information:
    (1) The name and address of the originating universal waste handler 
or foreign shipper from whom the universal waste was sent;
    (2) The quantity of each type of universal waste received (e.g., 
batteries, pesticides, thermostats);
    (3) The date of receipt of the shipment of universal waste.
    (b) Shipments off-site. A large quantity handler of universal waste 
must keep a record of each shipment of universal waste sent from the 
handler to other facilities. The record may take the form of a log, 
invoice, manifest, bill of lading, movement document or other shipping 
document. The record for each shipment of universal waste sent must 
include the following information:
    (1) The name and address of the universal waste handler, destination 
facility, or foreign destination to whom the universal waste was sent;
    (2) The quantity of each type of universal waste sent (e.g., 
batteries, pesticides, thermostats);
    (3) The date the shipment of universal waste left the facility.
    (c) Record retention. (1) A large quantity handler of universal 
waste must retain the records described in paragraph (a) of this section 
for at least three years from the date of receipt of a shipment of 
universal waste.
    (2) A large quantity handler of universal waste must retain the 
records described in paragraph (b) of this section for at least three 
years from the date a shipment of universal waste left the facility.

[60 FR 25542, May 11, 1995, as amended at 81 FR 85729, Nov. 28, 2016]



Sec. 273.40  Exports.

    A large quantity handler of universal waste who sends universal 
waste to a foreign destination is subject to the requirements of 40 CFR 
part 262, subpart H.

[81 FR 85729, Nov. 28, 2016]



          Subpart D_Standards for Universal Waste Transporters



Sec. 273.50  Applicability.

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

[64 FR 36490, July 6, 1999]



Sec. 273.51  Prohibitions.

    A universal waste transporter is:
    (a) Prohibited from disposing of universal waste; and

[[Page 490]]

    (b) Prohibited from diluting or treating universal waste, except by 
responding to releases as provided in 40 CFR 273.54.



Sec. 273.52  Waste management.

    (a) A universal waste transporter must comply with all applicable 
U.S. Department of Transportation regulations in 49 CFR part 171 through 
180 for transport of any universal waste that meets the definition of 
hazardous material in 49 CFR 171.8. For purposes of the Department of 
Transportation regulations, a material is considered a hazardous waste 
if it is subject to the Hazardous Waste Manifest Requirements of the 
U.S. Environmental Protection Agency specified in 40 CFR part 262. 
Because universal waste does not require a hazardous waste manifest, it 
is not considered hazardous waste under the Department of Transportation 
regulations.
    (b) Some universal waste materials are regulated by the Department 
of Transportation as hazardous materials because they meet the criteria 
for one or more hazard classes specified in 49 CFR 173.2. As universal 
waste shipments do not require a manifest under 40 CFR 262, they may not 
be described by the DOT proper shipping name ``hazardous waste, (l) or 
(s), n.o.s.'', nor may the hazardous material's proper shipping name be 
modified by adding the word ``waste''.



Sec. 273.53  Storage time limits.

    (a) A universal waste transporter may only store the universal waste 
at a universal waste transfer facility for ten days or less.
    (b) If a universal waste transporter stores universal waste for more 
than ten days, the transporter becomes a universal waste handler and 
must comply with the applicable requirements of subparts B or C of this 
part while storing the universal waste.



Sec. 273.54  Response to releases.

    (a) A universal waste transporter must immediately contain all 
releases of universal wastes and other residues from universal wastes.
    (b) A universal waste transporter must determine whether any 
material resulting from the release is hazardous waste, and if so, it is 
subject to all applicable requirements of 40 CFR parts 260 through 272. 
If the waste is determined to be a hazardous waste, the transporter is 
subject to 40 CFR part 262.



Sec. 273.55  Off-site shipments.

    (a) A universal waste transporter is prohibited from transporting 
the universal waste to a place other than a universal waste handler, a 
destination facility, or a foreign destination.
    (b) If the universal waste being shipped off-site meets the 
Department of Transportation's definition of hazardous materials under 
49 CFR 171.8, the shipment must be properly described on a shipping 
paper in accordance with the applicable Department of Transportation 
regulations under 49 CFR part 172.



Sec. 273.56  Exports.

    A universal waste transporter transporting a shipment of universal 
waste to a foreign destination is subject to the requirements of 40 CFR 
part 262, subpart H.

[81 FR 85729, Nov. 28, 2016]



             Subpart E_Standards for Destination Facilities



Sec. 273.60  Applicability.

    (a) The owner or operator of a destination facility (as defined in 
Sec. 273.9) is subject to all applicable requirements of parts 264, 
265, 266, 268, 270, and 124 of this chapter, and the notification 
requirement under section 3010 of RCRA.
    (b) The owner or operator of a destination facility that recycles a 
particular universal waste without storing that universal waste before 
it is recycled must comply with 40 CFR 261.6(c)(2).

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



Sec. 273.61  Off-site shipments.

    (a) The owner or operator of a destination facility is prohibited 
from sending or taking universal waste to a place other than a universal 
waste handler, another destination facility or foreign destination.

[[Page 491]]

    (b) The owner or operator of a destination facility may reject a 
shipment containing universal waste, or a portion of a shipment 
containing universal waste. If the owner or operator of the destination 
facility rejects a shipment or a portion of a shipment, he must contact 
the shipper to notify him of the rejection and to discuss reshipment of 
the load. The owner or operator of the destination facility must:
    (1) Send the shipment back to the original shipper, or
    (2) If agreed to by both the shipper and the owner or operator of 
the destination facility, send the shipment to another destination 
facility.
    (c) If the owner or operator of a destination facility receives a 
shipment containing hazardous waste that is not a universal waste, the 
owner or operator of the destination facility must immediately notify 
the appropriate regional EPA office of the illegal shipment, and provide 
the name, address, and phone number of the shipper. The EPA regional 
office will provide instructions for managing the hazardous waste.
    (d) If the owner or operator of a destination facility receives a 
shipment of non-hazardous, non-universal waste, the owner or operator 
may manage the waste in any way that is in compliance with applicable 
federal or state solid waste regulations.



Sec. 273.62  Tracking universal waste shipments.

    (a) The owner or operator of a destination facility must keep a 
record of each shipment of universal waste received at the facility. The 
record may take the form of a log, invoice, manifest, bill of lading, 
movement document or other shipping document. The record for each 
shipment of universal waste received must include the following 
information:
    (1) The name and address of the universal waste handler, destination 
facility, or foreign shipper from whom the universal waste was sent;
    (2) The quantity of each type of universal waste received (e.g., 
batteries, pesticides, thermostats);
    (3) The date of receipt of the shipment of universal waste.
    (b) The owner or operator of a destination facility must retain the 
records described in paragraph (a) of this section for at least three 
years from the date of receipt of a shipment of universal waste.

[60 FR 25542, May 11, 1995, as amended at 81 FR 85729, Nov. 28, 2016]



                      Subpart F_Import Requirements



Sec. 273.70  Imports.

    Persons managing universal waste that is imported from a foreign 
country into the United States are subject to the requirements of 40 CFR 
part 262 subpart H and the applicable requirements of this part, 
immediately after the waste enters the United States, as indicated in 
paragraphs (a) through (c) of this section:
    (a) A universal waste transporter is subject to the universal waste 
transporter requirements of subpart D of this part.
    (b) A universal waste handler is subject to the small or large 
quantity handler of universal waste requirements of subparts B or C, as 
applicable.
    (c) An owner or operator of a destination facility is subject to the 
destination facility requirements of subpart E of this part.

[81 FR 85729, Nov. 28, 2016]



    Subpart G_Petitions To Include Other Wastes Under 40 CFR Part 273



Sec. 273.80  General.

    (a) Except as provided in paragraph (d) of this section, any person 
seeking to add a hazardous waste or category of hazardous waste to this 
part may petition for a regulatory amendment under this subpart and 40 
CFR 260.20 and 260.23.
    (b) To be successful, the petitioner must demonstrate to the 
satisfaction of the Administrator that regulation under the universal 
waste regulations of 40 CFR part 273 is: appropriate for the waste or 
category of waste; will improve management practices for the waste or 
category of waste; and will improve implementation of the hazardous 
waste program. The petition must include the information required

[[Page 492]]

by 40 CFR 260.20(b). The petition should also address as many of the 
factors listed in 40 CFR 273.81 as are appropriate for the waste or 
waste category addressed in the petition.
    (c) The Administrator will evaluate petitions using the factors 
listed in 40 CFR 273.81. The Administrator will grant or deny a petition 
using the factors listed in 40 CFR 273.81. The decision will be based on 
the weight of evidence showing that regulation under 40 CFR part 273 is 
appropriate for the waste or category of waste, will improve management 
practices for the waste or category of waste, and will improve 
implementation of the hazardous waste program.
    (d) Hazardous waste pharmaceuticals are regulated by 40 CFR part 266 
subpart P and may not be added as a category of hazardous waste for 
management under this part.

[60 FR 25542, May 11, 1995, as amended at 84 FR 5950, Feb. 22, 2019]



Sec. 273.81  Factors for petitions to include other wastes under 40 CFR part 273.

    (a) The waste or category of waste, as generated by a wide variety 
of generators, is listed in subpart D of part 261 of this chapter, or 
(if not listed) a proportion of the waste stream exhibits one or more 
characteristics of hazardous waste identified in subpart C of part 261 
of this chapter. (When a characteristic waste is added to the universal 
waste regulations of this part 273 by using a generic name to identify 
the waste category (e.g., batteries), the definition of universal waste 
in Sec. 260.10 of this chapter and Sec. 273.9 will be amended to 
include only the hazardous waste portion of the waste category (e.g., 
hazardous waste batteries).) Thus, only the portion of the waste stream 
that does exhibit one or more characteristics (i.e., is hazardous waste) 
is subject to the universal waste regulations of this part 273;
    (b) The waste or category of waste is not exclusive to a specific 
industry or group of industries, is commonly generated by a wide variety 
of types of establishments (including, for example, households, retail 
and commercial businesses, office complexes, very small quantity 
generators, small businesses, government organizations, as well as large 
industrial facilities);
    (c) The waste or category of waste is generated by a large number of 
generators (e.g., more than 1,000 nationally) and is frequently 
generated in relatively small quantities by each generator;
    (d) Systems to be used for collecting the waste or category of waste 
(including packaging, marking, and labeling practices) would ensure 
close stewardship of the waste;
    (e) The risk posed by the waste or category of waste during 
accumulation and transport is relatively low compared to other hazardous 
wastes, and specific management standards proposed or referenced by the 
petitioner (e.g., waste management requirements appropriate to be added 
to 40 CFR 273.13, 273.33, and 273.52; and/or applicable Department of 
Transportation requirements) would be protective of human health and the 
environment during accumulation and transport;
    (f) Regulation of the waste or category of waste under 40 CFR part 
273 will increase the likelihood that the waste will be diverted from 
non-hazardous waste management systems (e.g., the municipal waste 
stream, non-hazardous industrial or commercial waste stream, municipal 
sewer or stormwater systems) to recycling, treatment, or disposal in 
compliance with Subtitle C of RCRA.
    (g) Regulation of the waste or category of waste under 40 CFR part 
273 will improve implementation of and compliance with the hazardous 
waste regulatory program; and/or
    (h) Such other factors as may be appropriate.

[60 FR 25542, May 11, 1995, as amended at 64 FR 36490, July 6, 1999; 81 
FR 85828, Nov. 28, 2016]

[[Page 493]]



 PART 278_CRITERIA FOR THE MANAGEMENT OF GRANULAR MINE TAILINGS 
 (CHAT) IN ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE IN 
 TRANSPORTATION CONSTRUCTION PROJECTS 
FUNDED IN WHOLE OR IN PART BY FEDERAL FUNDS--Table of Contents



Sec.
278.1 Definitions.
278.2 Applicability.
278.3 Criteria for use of chat in Federally funded transportation 
          projects.
278.4 Certification and recordkeeping requirements.

    Authority: 42 U.S.C. 6961 et seq.

    Source: 72 FR 39352, July 18, 2007, unless otherwise noted.



Sec. 278.1  Definitions.

    (a) Asphalt concrete--a layer, or combination of layers, composed of 
a compacted mixture of an asphalt binder and mineral aggregate.
    (b) Chat--waste material that was formed in the course of milling 
operations employed to recover lead and zinc from metal-bearing ore 
minerals in the Tri-State Mining District of Southwest Missouri, 
Southeast Kansas and Northeast Oklahoma.
    (c) Chip seal--a material composed of aggregate placed on top of a 
layer of an asphalt or asphaltic liquid binder. The aggregate may be 
rolled into the binder.
    (d) Cold mix asphalt--refers to an asphalt and aggregate mixture 
composed of binders, soaps, or other chemicals which allow its use when 
cold
    (e) Epoxy seal--refers to the mixture of aggregate in epoxy binders. 
Epoxy seals are typically used as an anti-skid surface on bridge decking
    (f) Federal or State response action--State or Federal response 
action undertaken pursuant to applicable Federal or State environmental 
laws and with consideration of site-specific risk assessments.
    (g) Flowable fill--a cementitious slurry consisting of a mixture of 
fine aggregate or filler, water, and cementitious materials which is 
used primarily as a backfill in lieu of compacted earth.
    (h) Granular road base--road base typically constructed by spreading 
aggregates in thin layers of 150 mm (6 inches) to 200 mm (8 inches) and 
compacting each layer by rolling over it with heavy compaction 
equipment. The aggregate base layers serve a variety of purposes, 
including reducing the stress applied to the sub grade layer and 
providing drainage for the pavement structure. The granular sub base 
forms the lowest (bottom) layer of the pavement structure and acts as 
the principal foundation for the subsequent road profile.
    (i) Hot Mix Asphalt--a hot mixture of asphalt binder and size-graded 
aggregate, which can be compacted into a uniform dense mass. Hot mix 
asphalt also includes hot mix asphalt sub bases and hot mix asphalt 
bases.
    (j) Microsurfacing--polymer-modified slurry seal.
    (k) Portland cement concrete (PCC)--pavements consisting of a PCC 
slab that is usually supported by a granular (made of compacted 
aggregate) base or sub base.
    (l) Pozzolanic--a siliceous material which when combined with 
calcium hydroxide in the presence of moisture exhibits cementitious 
properties.
    (m) Slurry seal--refers to a material composed of emulsified 
asphalt, aggregate, and mineral fillers, such as Portland cement or lime 
which is applied as a thin coating on top of asphalt concrete or 
Portland cement concrete road surfaces.
    (n) Stabilized base--a non-asphaltic road base composed of aggregate 
mixed with a pozzolanic material which increases the bearing strength of 
the material.
    (o) Transportation construction projects--these activities relate to 
the construction of roads and highways and include bases, sub bases, 
road surfaces, bridges, abutments, shoulders, and embankments. They are 
not related to any residential use.
    (p) Tri-State Mining District--the lead-zinc mining areas of Ottawa 
County, Oklahoma, Cherokee County of southeast Kansas and Jasper, 
Newton, Lawrence, and Barry Counties of southwest Missouri.

[[Page 494]]

    (q) Warm mix asphalt--refers to a mixture of an asphalt binder with 
aggregate, paraffin or esterfied wax, and mineral additives that allow 
its use at temperatures much lower than hot mix asphalt.



Sec. 278.2  Applicability.

    These requirements apply to chat from the Tri-State Mining District 
used in transportation construction projects carried out, in whole or in 
part, using Federal funds.



Sec. 278.3  Criteria for use of chat in Federally funded transportation projects.

    Chat can be used in transportation construction projects carried 
out, in whole or in part, using Federal funds if:
    (a) The chat is used in hot, warm or cold mix asphalt, in slurry 
seal, microsurfacing, or in epoxy seal; or
    (b) The chat is used in Portland cement concrete, granular road 
base, flowable fill, stabilized road base or chip seal if, on a case by 
case basis either:
    (1) Synthetic Precipitation Leaching Procedure (SPLP) tests are 
conducted on the proposed material using EPA SW-846 Method 1312, and the 
leachate testing results show that concentrations in the leachate do not 
exceed the National Primary Drinking Water Standards for lead and 
cadmium and the fresh water chronic National Recommended Water Quality 
Criterion for zinc of 120 [micro]g/l; or
    (2) EPA (or a State environmental Agency, if it chooses to do so) 
has determined, based on a site-specific risk assessment and after 
notice and opportunity for public comment, that the releases from the 
chat mixture in its proposed use will not cause an exceedance of the 
National Primary Drinking Water Standards for lead and cadmium in 
potential drinking water sources and the fresh water chronic National 
Recommended Water Quality Criterion for zinc of 120 [micro]g/l in 
surface water; or
    (c) The use of chat has been authorized pursuant to a State or 
Federal response action.
    (d) EPA SW-846 Method 1312, ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' Third Edition, September 1994, is 
incorporated by reference into this section with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. It is available at www.epa.gov/hw-sw846/. All approved material is 
available for inspection at the OLEM Docket in the Environmental 
Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton 
Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA/DC 
Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number of 
the EPA/DC Public Reading room is (202) 566-1744, and the telephone 
number for the OLEM Docket is (202) 566-0270. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
[email protected] or go to www.archives.gov/ federal-register/cfr/ 
ibr-locations.html.

[72 FR 39352, July 18, 2007, as amended at 85 FR 40608, July 7, 2020]



Sec. 278.4  Certification and recordkeeping requirements.

    (a) Certification. For chat used under the jurisdiction of the U.S. 
Department of Interior, Bureau of Indian Affairs, the EPA certification 
below is not applicable. In other jurisdictions, the acquirer shall:
    (1) Submit a signed, written certification to the environmental 
regulatory agency in the State where the chat is to be used within 30 
days of the date of acquisition. The certification shall contain the 
following:
    (i) Location of origin of the chat;
    (ii) Amount of chat acquired; and
    (iii) Certification Statement: I certify under penalty of law that 
the chat used in this transportation project will meet EPA criteria 
found in Sec. 278.3.
    (2) Transfer. If the chat is sold or otherwise transferred to 
another party, the acquirer shall provide a copy of the certification to 
the new owner of the chat. The new owner shall submit a certification 
according to paragraph (a)(1) of this section. The new certification 
supersedes all previous certifications.

[[Page 495]]

    (3) Recordkeeping. The acquirer of chat, and any other person that 
receives the chat, will maintain copies of all of the following for 
three years; a copy of the certification following transmittal to the 
State department(s) of the environment, and, as appropriate; any SPLP 
testing results; or any site-specific risk assessments.
    (b) [Reserved]



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



                          Subpart A_Definitions

Sec.
279.1 Definitions.

                         Subpart B_Applicability

279.10 Applicability.
279.11 Used oil specifications.
279.12 Prohibitions.

               Subpart C_Standards for Used Oil Generators

279.20 Applicability.
279.21 Hazardous waste mixing.
279.22 Used oil storage.
279.23 On-site burning in space heaters.
279.24 Off-site shipments.

  Subpart D_Standards for Used Oil Collection Centers and Aggregation 
                                 Points

279.30 Do-it-yourselfer used oil collection centers.
279.31 Used oil collection centers.
279.32 Used oil aggregate points owned by the generator.

  Subpart E_Standards for Used Oil Transporter and Transfer Facilities

279.40 Applicability.
279.41 Restrictions on transporters who are not also processors or re-
          refiners.
279.42 Notification.
279.43 Used oil transportation.
279.44 Rebuttable presumption for used oil.
279.45 Used oil storage at transfer facilities.
279.46 Tracking.
279.47 Management of residues.

       Subpart F_Standards for Used Oil Processors and Re-Refiners

279.50 Applicability.
279.51 Notification.
279.52 General facility standards.
279.53 Rebuttable presumption for used oil.
279.54 Used oil management.
279.55 Analysis plan.
279.56 Tracking.
279.57 Operating record and reporting.
279.58 Off-site shipments of used oil.
279.59 Management of residues.

Subpart G_Standards for Used Oil Burners Who Burn Off-Specification Used 
                         Oil for Energy Recovery

279.60 Applicability.
279.61 Restrictions on burning.
279.62 Notification.
279.63 Rebuttable presumption for used oil.
279.64 Used oil storage.
279.65 Tracking.
279.66 Notices.
279.67 Management of residues.

             Subpart H_Standards for Used Oil Fuel Marketers

279.70 Applicability.
279.71 Prohibitions.
279.72 On-specification used oil fuel.
279.73 Notification.
279.74 Tracking.
279.75 Notices.

 Subpart I_Standards for Use as a Dust Suppressant and Disposal of Used 
                                   Oil

279.80 Applicability.
279.81 Disposal.
279.82 Use as a dust suppressant.

    Authority: Sections 1006, 2002(a), 3001 through 3007, 3010, 3014, 
and 7004 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6905, 
6912(a), 6921 through 6927, 6930, 6934, and 6974); and sections 101(37) 
and 114(c) of CERCLA (42 U.S.C. 9601(37) and 9614(c)).

    Source: 57 FR 41612, Sept. 10, 1992, unless otherwise noted.



                          Subpart A_Definitions



Sec. 279.1  Definitions.

    Terms that are defined in Sec. Sec. 260.10, 261.1, and 280.12 of 
this chapter have the same meanings when used in this part.
    Aboveground tank means a tank used to store or process used oil that 
is not an underground storage tank as defined in Sec. 280.12 of this 
chapter.
    Container means any portable device in which a material is stored, 
transported, treated, disposed of, or otherwise handled.
    Do-it-yourselfer used oil collection center means any site or 
facility that accepts/aggregates and stores used oil collected only from 
household do-it-yourselfers.
    Existing tank means a tank that is used for the storage or 
processing of

[[Page 496]]

used oil and that is in operation, or for which installation has 
commenced on or prior to the effective date of the authorized used oil 
program for the State in which the tank is located. Installation will be 
considered to have commenced if the owner or operator has obtained all 
federal, state, and local approvals or permits necessary to begin 
installation of the tank and if either (1) A continuous on-site 
installation program has begun, or
    (2) The owner or operator has entered into contractual obligations--
which cannot be canceled or modified without substantial loss--for 
installation of the tank to be completed within a reasonable time.
    Household ``do-it-yourselfer'' used oil means oil that is derived 
from households, such as used oil generated by individuals who generate 
used oil through the maintenance of their personal vehicles.
    Household ``do-it-yourselfer'' used oil generator means an 
individual who generates household ``do-it-yourselfer'' used oil.
    New tank means a tank that will be used to store or process used oil 
and for which installation has commenced after the effective date of the 
authorized used oil program for the State in which the tank is located.
    Petroleum refining facility means an establishment primarily engaged 
in producing gasoline, kerosene, distillate fuel oils, residual fuel 
oils, and lubricants, through fractionation, straight distillation of 
crude oil, redistillation of unfinished petroleum derivatives, cracking 
or other processes (i.e., facilities classified as SIC 2911).
    Processing means chemical or physical operations designed to produce 
from used oil, or to make used oil more amenable for production of, fuel 
oils, lubricants, or other used oil-derived product. Processing 
includes, but is not limited to: blending used oil with virgin petroleum 
products, blending used oils to meet the fuel specification, filtration, 
simple distillation, chemical or physical separation and re-refining.
    Re-refining distillation bottoms means the heavy fraction produced 
by vacuum distillation of filtered and dehydrated used oil. The 
composition of still bottoms varies with column operation and feedstock.
    Tank means any stationary device, designed to contain an 
accumulation of used oil which is constructed primarily of non-earthen 
materials, (e.g., wood, concrete, steel, plastic) which provides 
structural support.
    Used oil means any oil that has been refined from crude oil, or any 
synthetic oil, that has been used and as a result of such use is 
contaminated by physical or chemical impurities.
    Used oil aggregation point means any site or facility that accepts, 
aggregates, and/or stores used oil collected only from other used oil 
generation sites owned or operated by the owner or operator of the 
aggregation point, from which used oil is transported to the aggregation 
point in shipments of no more than 55 gallons. Used oil aggregation 
points may also accept used oil from household do-it-yourselfers.
    Used oil burner means a facility where used oil not meeting the 
specification requirements in Sec. 279.11 is burned for energy recovery 
in devices identified in Sec. 279.61(a).
    Used oil collection center means any site or facility that is 
registered/licensed/permitted/recognized by a state/county/municipal 
government to manage used oil and accepts/aggregates and stores used oil 
collected from used oil generators regulated under subpart C of this 
part who bring used oil to the collection center in shipments of no more 
than 55 gallons under the provisions of Sec. 279.24. Used oil 
collection centers may also accept used oil from household do-it-
yourselfers.
    Used oil fuel marketer means any person who conducts either of the 
following activities:
    (1) Directs a shipment of off-specification used oil from their 
facility to a used oil burner; or
    (2) First claims that used oil that is to be burned for energy 
recovery meets the used oil fuel specifications set forth in Sec. 
279.11 of this part.
    Used oil generator means any person, by site, whose act or process 
produces used oil or whose act first causes used oil to become subject 
to regulation.
    Used oil processor/re-refiner means a facility that processes used 
oil.

[[Page 497]]

    Used oil transfer facility means any transportation related facility 
including loading docks, parking areas, storage areas and other areas 
where shipments of used oil are held for more than 24 hours and not 
longer than 35 days during the normal course of transportation or prior 
to an activity performed pursuant to Sec. 279.20(b)(2). Transfer 
facilities that store used oil for more than 35 days are subject to 
regulation under subpart F of this part.
    Used oil transporter means any person who transports used oil, any 
person who collects used oil from more than one generator and transports 
the collected oil, and owners and operators of used oil transfer 
facilities. Used oil transporters may consolidate or aggregate loads of 
used oil for purposes of transportation but, with the following 
exception, may not process used oil. Transporters may conduct incidental 
processing operations that occur in the normal course of used oil 
transportation (e.g., settling and water separation), but that are not 
designed to produce (or make more amenable for production of) used oil 
derived products or used oil fuel.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 
FR 10559, Mar. 4, 1994; 71 FR 40280, July 14, 2006]



                         Subpart B_Applicability



Sec. 279.10  Applicability.

    This section identifies those materials which are subject to 
regulation as used oil under this part. This section also identifies 
some materials that are not subject to regulation as used oil under this 
part, and indicates whether these materials may be subject to regulation 
as hazardous waste under parts 260 through 266, 268, 270, and 124 of 
this chapter.
    (a) Used oil. EPA presumes that used oil is to be recycled unless a 
used oil handler disposes of used oil, or sends used oil for disposal. 
Except as provided in Sec. 279.11, the regulations of this part apply 
to used oil, and to materials identified in this section as being 
subject to regulation as used oil, whether or not the used oil or 
material exhibits any characteristics of hazardous waste identified in 
subpart C of part 261 of this chapter.
    (b) Mixtures of used oil and hazardous waste--(1) Listed hazardous 
waste. (i) Mixtures of used oil and hazardous waste that is listed in 
subpart D of part 261 of this chapter are subject to regulation as 
hazardous waste under parts 260 through 266, 268, 270, and 124 of this 
chapter, rather than as used oil under this part.
    (ii) Rebuttable presumption for used oil. Used oil containing more 
than 1,000 ppm total halogens is presumed to be a hazardous waste 
because it has been mixed with halogenated hazardous waste listed in 
subpart D of part 261 of this chapter. Persons may rebut this 
presumption by demonstrating that the used oil does not contain 
hazardous waste (for example, by showing that the used oil does not 
contain significant concentrations of halogenated hazardous constituents 
listed in appendix VIII of part 261 of this chapter).
    (A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), to reclaim 
metalworking oils/fluids. The presumption does apply to metalworking 
oils/fluids if such oils/fluids are recycled in any other manner, or 
disposed.
    (B) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.
    (2) Characteristic hazardous waste. Mixtures of used oil and 
hazardous waste that solely exhibit one or more of the hazardous waste 
characteristics identified in subpart C of part 261 of this chapter and 
mixtures of used oil and hazardous waste that is listed in subpart D 
solely because it exhibits one or more of the characteristics of 
hazardous waste identified in subpart C are subject to:
    (i) Except as provided in paragraph (b)(2)(iii) of this section, 
regulation as hazardous waste under parts 260 through 266, 268, 270, and 
124 of this chapter rather than as used oil under

[[Page 498]]

this part, if the resultant mixture exhibits any characteristics of 
hazardous waste identified in subpart C of part 261 of this chapter; or
    (ii) Except as specified in Sec. 279.10(b)(2)(iii) regulation as 
used oil under this part, if the resultant mixture does not exhibit any 
characteristics of hazardous waste identified under subpart C of part 
261 of this chapter.
    (iii) Regulation as used oil under this part, if the mixture is of 
used oil and a waste which is hazardous solely because it exhibits the 
characteristic of ignitability (e.g., ignitable-only mineral spirits), 
provided that the resultant mixture does not exhibit the characteristic 
of ignitability under Sec. 261.21 of this chapter.
    (3) Very small quantity generator hazardous waste. Mixtures of used 
oil and very small quantity generator hazardous waste regulated under 
Sec. 262.14 of this chapter are subject to regulation as used oil under 
this part.
    (c) Materials containing or otherwise contaminated with used oil. 
(1) Except as provided in paragraph (c)(2) of this section, materials 
containing or otherwise contaminated with used oil from which the used 
oil has been properly drained or removed to the extent possible such 
that no visible signs of free-flowing oil remain in or on the material:
    (i) Are not used oil and thus not subject to this part, and
    (ii) If applicable are subject to the hazardous waste regulations of 
parts 124, 260 through 266, 268, and 270 of this chapter.
    (2) Materials containing or otherwise contaminated with used oil 
that are burned for energy recovery are subject to regulation as used 
oil under this part.
    (3) Used oil drained or removed from materials containing or 
otherwise contaminated with used oil is subject to regulation as used 
oil under this part.
    (d) Mixtures of used oil with products. (1) Except as provided in 
paragraph (d)(2) of this section, mixtures of used oil and fuels or 
other fuel products are subject to regulation as used oil under this 
part.
    (2) Mixtures of used oil and diesel fuel mixed on-site by the 
generator of the used oil for use in the generator's own vehicles are 
not subject to this part once the used oil and diesel fuel have been 
mixed. Prior to mixing, the used oil is subject to the requirements of 
subpart C of this part.
    (e) Materials derived from used oil. (1) Materials that are 
reclaimed from used oil that are used beneficially and are not burned 
for energy recovery or used in a manner constituting disposal (e.g., re-
refined lubricants) are:
    (i) Not used oil and thus are not subject to this part, and
    (ii) Not solid wastes and are thus not subject to the hazardous 
waste regulations of parts 260 through 266, 268, 270, and 124 of this 
chapter as provided in Sec. 261.3(c)(2)(i) of this chapter.
    (2) Materials produced from used oil that are burned for energy 
recovery (e.g., used oil fuels) are subject to regulation as used oil 
under this part.
    (3) Except as provided in paragraph (e)(4) of this section, 
materials derived from used oil that are disposed of or used in a manner 
constituting disposal are:
    (i) Not used oil and thus are not subject to this part, and
    (ii) Are solid wastes and thus are subject to the hazardous waste 
regulations of parts 260 through 266, 268, 270, and 124 of this chapter 
if the materials are listed or identified as hazardous wastes.
    (4) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products are not subject to this part.
    (f) Wastewater. Wastewater, the discharge of which is subject to 
regulation under either section 402 or section 307(b) of the Clean Water 
Act (including wastewaters at facilities which have eliminated the 
discharge of wastewater), contaminated with de minimis quantities of 
used oil are not subject to the requirements of this part. For purposes 
of this paragraph, ``de minimis'' quantities of used oils are defined as 
small spills, leaks, or drippings from pumps, machinery, pipes, and 
other similar equipment during normal operations or small amounts of oil 
lost to the wastewater treatment system during washing or draining 
operations. This exception will not apply if the used oil is discarded 
as a result of abnormal manufacturing operations resulting in 
substantial leaks, spills, or

[[Page 499]]

other releases, or to used oil recovered from wastewaters.
    (g) Used oil introduced into crude oil pipelines or a petroleum 
refining facility. (1) Used oil mixed with crude oil or natural gas 
liquids (e.g., in a production separator or crude oil stock tank) for 
insertion into a crude oil pipeline is exempt from the requirements of 
this part. The used oil is subject to the requirements of this part 
prior to the mixing of used oil with crude oil or natural gas liquids.
    (2) Mixtures of used oil and crude oil or natural gas liquids 
containing less than 1% used oil that are being stored or transported to 
a crude oil pipeline or petroleum refining facility for insertion into 
the refining process at a point prior to crude distillation or catalytic 
cracking are exempt from the requirements of this part.
    (3) Used oil that is inserted into the petroleum refining facility 
process before crude distillation or catalytic cracking without prior 
mixing with crude oil is exempt from the requirements of this part 
provided that the used oil constitutes less than 1% of the crude oil 
feed to any petroleum refining facility process unit at any given time. 
Prior to insertion into the petroleum refining facility process, the 
used oil is subject to the requirements of this part.
    (4) Except as provided in paragraph (g)(5) of this section, used oil 
that is introduced into a petroleum refining facility process after 
crude distillation or catalytic cracking is exempt from the requirements 
of this part only if the used oil meets the specification of Sec. 
279.11. Prior to insertion into the petroleum refining facility process, 
the used oil is subject to the requirements of this part.
    (5) Used oil that is incidentally captured by a hydrocarbon recovery 
system or wastewater treatment system as part of routine process 
operations at a petroleum refining facility and inserted into the 
petroleum refining facility process is exempt from the requirements of 
this part. This exemption does not extend to used oil which is 
intentionally introduced into a hydrocarbon recovery system (e.g., by 
pouring collected used oil into the waste water treatment system).
    (6) Tank bottoms from stock tanks containing exempt mixtures of used 
oil and crude oil or natural gas liquids are exempt from the 
requirements of this part.
    (h) Used oil on vessels. Used oil produced on vessels from normal 
shipboard operations is not subject to this part until it is transported 
ashore.
    (i) Used oil containing PCBs. Used oil containing PCBs (as defined 
at 40 CFR 761.3) at any concentration less than 50 ppm is subject to the 
requirements of this part unless, because of dilution, it is regulated 
under 40 CFR part 761 as a used oil containing PCBs at 50 ppm or 
greater. PCB-containing used oil subject to the requirements of this 
part may also be subject to the prohibitions and requirements found at 
40 CFR part 761, including Sec. 761.20(d) and (e). Used oil containing 
PCBs at concentrations of 50 ppm or greater is not subject to the 
requirements of this part, but is subject to regulation under 40 CFR 
part 761. No person may avoid these provisions by diluting used oil 
containing PCBs, unless otherwise specifically provided for in this part 
or part 761 of this chapter.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 59 
FR 10559, Mar. 4, 1994; 59 FR 10559, Mar. 4, 1994; 61 FR 33693, June 28, 
1996; 63 FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, 
July 30, 2003; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006; 
81 FR 85828, Nov. 28, 2016]



Sec. 279.11  Used oil specifications.

    Used oil burned for energy recovery, and any fuel produced from used 
oil by processing, blending, or other treatment, is subject to 
regulation under this part unless it is shown not to exceed any of the 
allowable levels of the constituents and properties shown in Table 1. 
Once used oil that is to be burned for energy recovery has been shown 
not to exceed any allowable level and the person making that showing 
complies with Sec. Sec. 279.72, 279.73, and 279.74(b), the used oil is 
no longer subject to this part.

[[Page 500]]



 Table 1-- USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS NOT
        SUBJECT TO THIS PART WHEN BURNED FOR ENERGY RECOVERY \1\
------------------------------------------------------------------------
           Constituent/property                    Allowable level
------------------------------------------------------------------------
Arsenic...................................  5 ppm maximum.
Cadmium...................................  2 ppm maximum.
Chromium..................................  10 ppm maximum.
Lead......................................  100 ppm maximum.
Flash point...............................  100 [deg]F minimum.
    Total halogens........................  4,000 ppm maximum. \2\
 
Note: Applicable standards for the burning
of used oil containing PCBs are imposed by
             40 CFR 761.20(e).
 
------------------------------------------------------------------------
\1\ The allowable levels do not apply to mixtures of used oil and
  hazardous waste that continue to be regulated as hazardous waste (see
  Sec. 279.10(b)).
\2\ Used oil containing more than 1,000 ppm total halogens is presumed
  to be a hazardous waste under the rebuttable presumption provided
  under Sec. 279.10(b)(1). Such used oil is subject to subpart H of
  part 266 of this chapter rather than this part when burned for energy
  recovery unless the presumption of mixing can be successfully
  rebutted.


[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 71 
FR 40280, July 14, 2006]



Sec. 279.12  Prohibitions.

    (a) Surface impoundment prohibition. Used oil shall not be managed 
in surface impoundments or waste piles unless the units are subject to 
regulation under parts 264 or 265 of this chapter.
    (b) Use as a dust suppressant. The use of used oil as a dust 
suppressant is prohibited, except when such activity takes place in one 
of the states listed in Sec. 279.82(c).
    (c) Burning in particular units. Off-specification used oil fuel may 
be burned for energy recovery in only the following devices:
    (1) Industrial furnaces identified in Sec. 260.10 of this chapter;
    (2) Boilers, as defined in Sec. 260.10 of this chapter, that are 
identified as follows:
    (i) Industrial boilers located on the site of a facility engaged in 
a manufacturing process where substances are transformed into new 
products, including the component parts of products, by mechanical or 
chemical processes;
    (ii) Utility boilers used to produce electric power, steam, heated 
or cooled air, or other gases or fluids for sale; or
    (iii) Used oil-fired space heaters provided that the burner meets 
the provisions of Sec. 279.23.
    (3) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



               Subpart C_Standards for Used Oil Generators



Sec. 279.20  Applicability.

    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart applies to all used oil generators. A used 
oil generator is any person, by site, whose act or process produces used 
oil or whose act first causes used oil to become subject to regulation.
    (1) Household ``do-it-yourselfer'' used oil generators. Household 
``do-it-yourselfer'' used oil generators are not subject to regulation 
under this part.
    (2) Vessels. Vessels at sea or at port are not subject to this 
subpart. For purposes of this subpart, used oil produced on vessels from 
normal shipboard operations is considered to be generated at the time it 
is transported ashore. The owner or operator of the vessel and the 
person(s) removing or accepting used oil from the vessel are co-
generators of the used oil and are both responsible for managing the 
waste in compliance with this subpart once the used oil is transported 
ashore. The co-genenerators may decide among them which party will 
fulfill the requirements of this subpart.
    (3) Diesel fuel. Mixtures of used oil and diesel fuel mixed by the 
generator of the used oil for use in the generator's own vehicles are 
not subject to this part once the used oil and diesel fuel have been 
mixed. Prior to mixing, the used oil fuel is subject to the requirements 
of this subpart.
    (4) Farmers. Farmers who generate an average of 25 gallons per month 
or less of used oil from vehicles or machinery used on the farm in a 
calendar year are not subject to the requirements of this part.
    (b) Other applicable provisions. Used oil generators who conduct the 
following activities are subject to the requirements of other applicable 
provisions of this part as indicated in paragraphs (b)(1) through (5) of 
this section:

[[Page 501]]

    (1) Generators who transport used oil, except under the self-
transport provisions of Sec. 279.24 (a) and (b), must also comply with 
subpart E of this part.
    (2) (i) Except as provided in paragraph (b)(2)(ii) of this section, 
generators who process or re-refine used oil must also comply with 
subpart F of this part.
    (ii) Generators who perform the following activities are not 
processors provided that the used oil is generated on-site and is not 
being sent off-site to a burner of on- or off-specification used oil 
fuel.
    (A) Filtering, cleaning, or otherwise reconditioning used oil before 
returning it for reuse by the generator;
    (B) Separating used oil from wastewater generated on-site to make 
the wastewater acceptable for discharge or reuse pursuant to section 402 
or section 307(b) of the Clean Water Act or other applicable Federal or 
state regulations governing the management or discharge of wastewaters;
    (C) Using oil mist collectors to remove small droplets of used oil 
from in-plant air to make plant air suitable for continued 
recirculation;
    (D) Draining or otherwise removing used oil from materials 
containing or otherwise contaminated with used oil in order to remove 
excessive oil to the extent possible pursuant to Sec. 279.10(c); or
    (E) Filtering, separating or otherwise reconditioning used oil 
before burning it in a space heater pursuant to Sec. 279.23.
    (3) Generators who burn off-specification used oil for energy 
recovery, except under the on-site space heater provisions of Sec. 
279.23, must also comply with subpart G of this part.
    (4) Generators who direct shipments of off-specification used oil 
from their facility to a used oil burner or first claim that used oil 
that is to be burned for energy recovery meets the used oil fuel 
specifications set forth in Sec. 279.11 must also comply with subpart H 
of this part.
    (5) Generators who dispose of used oil, including the use of used 
oil as a dust suppressant, must also comply with subpart I of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.21  Hazardous waste mixing.

    (a) Mixtures of used oil and hazardous waste must be managed in 
accordance with Sec. 279.10(b).
    (b) The rebuttable presumption for used oil of Sec. 
279.10(b)(1)(ii) applies to used oil managed by generators. Under the 
rebuttable presumption for used oil of Sec. 279.10(b)(1)(ii), used oil 
containing greater than 1,000 ppm total halogens is presumed to be a 
hazardous waste and thus must be managed as hazardous waste and not as 
used oil unless the presumption is rebutted. However, the rebuttable 
presumption does not apply to certain metalworking oils/fluids and 
certain used oils removed from refrigeration units.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.22  Used oil storage.

    Used oil generators are subject to all applicable Spill Prevention, 
Control and Countermeasures (40 CFR part 112) in addition to the 
requirements of this Subpart. Used oil generators are also subject to 
the Underground Storage Tank (40 CFR part 280) standards for used oil 
stored in underground tanks whether or not the used oil exhibits any 
characteristics of hazardous waste, in addition to the requirements of 
this subpart.
    (a) Storage units. Used oil generators shall not store used oil in 
units other than tanks, containers, or units subject to regulation under 
parts 264 or 265 of this chapter.
    (b) Condition of units. Containers and aboveground tanks used to 
store used oil at generator facilities must be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (c) Labels. (1) Containers and aboveground tanks used to store used 
oil at generator facilities must be labeled or marked clearly with the 
words ``Used Oil.''
    (2) Fill pipes used to transfer used oil into underground storage 
tanks at generator facilities must be labeled or marked clearly with the 
words ``Used Oil.''

[[Page 502]]

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

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



Sec. 279.23  On-site burning in space heaters.

    Generators may burn used oil in used oil-fired space heaters 
provided that:
    (a) The heater burns only used oil that the owner or operator 
generates or used oil received from household do-it-yourself used oil 
generators;
    (b) The heater is designed to have a maximum capacity of not more 
than 0.5 million Btu per hour; and
    (c) The combustion gases from the heater are vented to the ambient 
air.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.24  Off-site shipments.

    Except as provided in paragraphs (a) through (c) of this section, 
generators must ensure that their used oil is transported only by 
transporters who have obtained EPA identification numbers.
    (a) Self-transportation of small amounts to approved collection 
centers. Generators may transport, without an EPA identification number, 
used oil that is generated at the generator's site and used oil 
collected from household do-it-yourselfers to a used oil collection 
center provided that:
    (1) The generator transports the used oil in a vehicle owned by the 
generator or owned by an employee of the generator;
    (2) The generator transports no more than 55 gallons of used oil at 
any time; and
    (3) The generator transports the used oil to a used oil collection 
center that is registered, licensed, permitted, or recognized by a 
state/county/municipal government to manage used oil.
    (b) Self-transportation of small amounts to aggregation points owned 
by the generator. Generators may transport, without an EPA 
identification number, used oil that is generated at the generator's 
site to an aggregation point provided that:
    (1) The generator transports the used oil in a vehicle owned by the 
generator or owned by an employee of the generator;
    (2) The generator transports no more than 55 gallons of used oil at 
any time; and
    (3) The generator transports the used oil to an aggregation point 
that is owned and/or operated by the same generator.
    (c) Tolling arrangements. Used oil generators may arrange for used 
oil to be transported by a transporter without an EPA identification 
number if the used oil is reclaimed under a contractual agreement 
pursuant to which reclaimed oil is returned by the processor/re-refiner 
to the generator for use as a lubricant, cutting oil, or coolant. The 
contract (known as a ``tolling arrangement'') must indicate:
    (1) The type of used oil and the frequency of shipments;
    (2) That the vehicle used to transport the used oil to the 
processing/re-refining facility and to deliver recycled used oil back to 
the generator is owned and operated by the used oil processor/re-
refiner; and
    (3) That reclaimed oil will be returned to the generator.



  Subpart D_Standards for Used Oil Collection Centers and Aggregation 
                                 Points



Sec. 279.30  Do-it-yourselfer used oil collection centers.

    (a) Applicability. This section applies to owners or operators of 
all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil 
collection center is any site or facility that accepts/

[[Page 503]]

aggregates and stores used oil collected only from household do-it-
yourselfers.
    (b) DIY used oil collection center requirements. Owners or operators 
of all DIY used oil collection centers must comply with the generator 
standards in subpart C of this part.



Sec. 279.31  Used oil collection centers.

    (a) Applicability. This section applies to owners or operators of 
used oil collection centers. A used oil collection center is any site or 
facility that accepts/aggregates and stores used oil collected from used 
oil generators regulated under subpart C of this part who bring used oil 
to the collection center in shipments of no more than 55 gallons under 
the provisions of Sec. 279.24(a). Used oil collection centers may also 
accept used oil from household do-it-yourselfers.
    (b) Used oil collection center requirements. Owners or operators of 
all used oil collection centers must:
    (1) Comply with the generator standards in subpart C of this part; 
and
    (2) Be registered/licensed/permitted/recognized by a state/county/
municipal government to manage used oil.



Sec. 279.32  Used oil aggregation points owned by the generator.

    (a) Applicability. This section applies to owners or operators of 
all used oil aggregation points. A used oil aggregation point is any 
site or facility that accepts, aggregates, and/or stores used oil 
collected only from other used oil generation sites owned or operated by 
the owner or operator of the aggregation point, from which used oil is 
transported to the aggregation point in shipments of no more than 55 
gallons under the provisions of Sec. 279.24(b). Used oil aggregation 
points may also accept used oil from household do-it-yourselfers.
    (b) Used oil aggregation point requirements. Owners or operators of 
all used oil aggregation points must comply with the generator standards 
in subpart C of this part.



  Subpart E_Standards for Used Oil Transporter and Transfer Facilities



Sec. 279.40  Applicability.

    (a) General. Except as provided in paragraphs (a)(1) through (a)(4) 
of this section, this subpart applies to all used oil transporters. Used 
oil transporters are persons who transport used oil, persons who collect 
used oil from more than one generator and transport the collected oil, 
and owners and operators of used oil transfer facilities.
    (1) This subpart does not apply to on-site transportation.
    (2) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil collection center as specified in Sec. 279.24(a).
    (3) This subpart does not apply to generators who transport 
shipments of used oil totalling 55 gallons or less from the generator to 
a used oil aggregation point owned or operated by the same generator as 
specified in Sec. 279.24(b).
    (4) This subpart does not apply to transportation of used oil from 
household do-it-yourselfers to a regulated used oil generator, 
collection center, aggregation point, processor/re-refiner, or burner 
subject to the requirements of this part. Except as provided in 
paragraphs (a)(1) through (a)(3) of this section, this subpart does, 
however, apply to transportation of collected household do-it-yourselfer 
used oil from regulated used oil generators, collection centers, 
aggregation points, or other facilities where household do-it-yourselfer 
used oil is collected.
    (b) Imports and exports. Transporters who import used oil from 
abroad or export used oil outside of the United States are subject to 
the requirements of this subpart from the time the used oil enters and 
until the time it exits the United States.
    (c) Trucks used to transport hazardous waste. Unless trucks 
previously used to transport hazardous waste are emptied as described in 
Sec. 261.7 of this chapter prior to transporting used oil, the used oil 
is considered to have been mixed with the hazardous waste and must be 
managed as hazardous waste unless, under the provisions of Sec. 
279.10(b), the

[[Page 504]]

hazardous waste/used oil mixture is determined not to be hazardous 
waste.
    (d) Other applicable provisions. Used oil transporters who conduct 
the following activities are also subject to other applicable provisions 
of this part as indicated in paragraphs (d)(1) through (5) of this 
section:
    (1) Transporters who generate used oil must also comply with subpart 
C of this part;
    (2) Transporters who process or re-refine used oil, except as 
provided in Sec. 279.41, must also comply with subpart F of this part;
    (3) Transporters who burn off-specification used oil for energy 
recovery must also comply with subpart G of this part;
    (4) Transporters who direct shipments of off-specification used oil 
from their facility to a used oil burner or first claim that used oil 
that is to be burned for energy recovery meets the used oil fuel 
specifications set forth in Sec. 279.11 must also comply with subpart H 
of this part; and
    (5) Transporters who dispose of used oil, including the use of used 
oil as a dust suppressant, must also comply with subpart I of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993]



Sec. 279.41  Restrictions on transporters who are not
also processors or re-refiners.

    (a) Used oil transporters may consolidate or aggregate loads of used 
oil for purposes of transportation. However, except as provided in 
paragraph (b) of this section, used oil transporters may not process 
used oil unless they also comply with the requirements for processors/
re-refiners in subpart F of this part.
    (b) Transporters may conduct incidental processing operations that 
occur in the normal course of used oil transportation (e.g., settling 
and water separation), but that are not designed to produce (or make 
more amenable for production of) used oil derived products unless they 
also comply with the processor/re-refiner requirements in subpart F of 
this part.
    (c) Transporters of used oil that is removed from oil bearing 
electrical transformers and turbines and filtered by the transporter or 
at a transfer facility prior to being returned to its original use are 
not subject to the processor/re-refiner requirements in subpart F of 
this part.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.42  Notification.

    (a) Identification numbers. Used oil transporters who have not 
previously complied with the notification requirements of RCRA section 
3010 must comply with these requirements and obtain an EPA 
identification number.
    (b) Mechanics of notification. A used oil transporter who has not 
received an EPA identification number may obtain one by notifying the 
Regional Administrator of their used oil activity by submitting either:
    (1) A completed EPA Form 8700-12 (To obtain ordering information for 
EPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-
920-9810); or
    (2) A letter requesting an EPA identification number.

Call RCRA/Superfund Hotline to determine where to send a letter 
requesting an EPA identification number. The letter should include the 
following information:
    (i) Transporter company name;
    (ii) Owner of the transporter company;
    (iii) Mailing address for the transporter;
    (iv) Name and telephone number for the transporter point of contact;
    (v) Type of transport activity (i.e., transport only, transport and 
transfer facility, transfer facility only);
    (vi) Location of all transfer facilities at which used oil is 
stored;
    (vii) Name and telephone number for a contact at each transfer 
facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 58 
FR 33342, June 17, 1993]



Sec. 279.43  Used oil transportation.

    (a) Deliveries. A used oil transporter must deliver all used oil 
received to:
    (1) Another used oil transporter, provided that the transporter has 
obtained an EPA identification number;

[[Page 505]]

    (2) A used oil processing/re-refining facility who has obtained an 
EPA identification number;
    (3) An off-specification used oil burner facility who has obtained 
an EPA identification number; or
    (4) An on-specification used oil burner facility.
    (b) DOT Requirements. Used oil transporters must comply with all 
applicable requirements under the U.S. Department of Transportation 
regulations in 49 CFR parts 171 through 180. Persons transporting used 
oil that meets the definition of a hazardous material in 49 CFR 171.8 
must comply with all applicable regulations in 49 CFR parts 171 through 
180.
    (c) Used oil discharges. (1) In the event of a discharge of used oil 
during transportation, the transporter must take appropriate immediate 
action to protect human health and the environment (e.g., notify local 
authorities, dike the discharge area).
    (2) If a discharge of used oil occurs during transportation and an 
official (State or local government or a Federal Agency) acting within 
the scope of official responsibilities determines that immediate removal 
of the used oil is necessary to protect human health or the environment, 
that official may authorize the removal of the used oil by transporters 
who do not have EPA identification numbers.
    (3) An air, rail, highway, or water transporter who has discharged 
used oil must:
    (i) Give notice, if required by 49 CFR 171.15, to the National 
Response Center (800-424-8802 or 202-426-2675); and
    (ii) Report in writing as required by 49 CFR 171.16 to the Director, 
Office of Hazardous Materials Regulations, Materials Transportation 
Bureau, Department of Transportation, Washington, DC 20590.
    (4) A water transporter who has discharged used oil must give notice 
as required by 33 CFR 153.203.
    (5) A transporter must clean up any used oil discharge that occurs 
during transportation or take such action as may be required or approved 
by federal, state, or local officials so that the used oil discharge no 
longer presents a hazard to human health or the environment.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 71 
FR 40280, July 14, 2006]



Sec. 279.44  Rebuttable presumption for used oil.

    (a) To ensure that used oil is not a hazardous waste under the 
rebuttable presumption of Sec. 279.10(b)(1)(ii), the used oil 
transporter must determine whether the total halogen content of used oil 
being transported or stored at a transfer facility is above or below 
1,000 ppm.
    (b) The transporter must make this determination by:
    (1) Testing the used oil; or
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used.
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by showing that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), to reclaim 
metalworking oils/fluids. The presumption does apply to metalworking 
oils/fluids if such oils/fluids are recycled in any other manner, or 
disposed.
    (2) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units if the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.
    (d) Record retention. Records of analyses conducted or information 
used to comply with paragraphs (a), (b), and (c)

[[Page 506]]

of this section must be maintained by the transporter for at least 3 
years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 
70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006]



Sec. 279.45  Used oil storage at transfer facilities.

    Used oil transporters are subject to all applicable Spill 
Prevention, Control and Countermeasures (40 CFR part 112) in addition to 
the requirements of this subpart. Used oil transporters are also subject 
to the Underground Storage Tank (40 CFR part 280) standards for used oil 
stored in underground tanks whether or not the used oil exhibits any 
characteristics of hazardous waste, in addition to the requirements of 
this subpart.
    (a) Applicability. This section applies to used oil transfer 
facilities. Used oil transfer facilities are transportation related 
facilities including loading docks, parking areas, storage areas, and 
other areas where shipments of used oil are held for more than 24 hours 
during the normal course of transportation and not longer than 35 days. 
Transfer facilities that store used oil for more than 35 days are 
subject to regulation under subpart F of this part.
    (b) Storage units. Owners or operators of used oil transfer 
facilities may not store used oil in units other than tanks, containers, 
or units subject to regulation under parts 264 or 265 of this chapter.
    (c) Condition of units. Containers and aboveground tanks used to 
store used oil at transfer facilities must be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (d) Secondary containment for containers. Containers used to store 
used oil at transfer facilities must be equipped with a secondary 
containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dikes, 
berms, or retaining walls; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (e) Secondary containment for existing aboveground tanks. Existing 
aboveground tanks used to store used oil at transfer facilities must be 
equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall except areas where existing portions of the tank 
meet the ground; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (f) Secondary containment for new aboveground tanks. New aboveground 
tanks used to store used oil at transfer facilities must be equipped 
with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floors, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (g) Labels. (1) Containers and aboveground tanks used to store used 
oil at transfer facilities must be labeled or marked clearly with the 
words ``Used Oil.''
    (2) Fill pipes used to transfer used oil into underground storage 
tanks at transfer facilities must be labeled or

[[Page 507]]

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

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 
FR 24969, May 6, 1998; 71 FR 40280, July 14, 2006]



Sec. 279.46  Tracking.

    (a) Acceptance. Used oil transporters must keep a record of each 
used oil shipment accepted for transport. Records for each shipment must 
include:
    (1) The name and address of the generator, transporter, or 
processor/re-refiner who provided the used oil for transport;
    (2) The EPA identification number (if applicable) of the generator, 
transporter, or processor/re-refiner who provided the used oil for 
transport;
    (3) The quantity of used oil accepted;
    (4) The date of acceptance; and
    (5)(i) Except as provided in paragraph (a)(5)(ii) of this section, 
the signature, dated upon receipt of the used oil, of a representative 
of the generator, transporter, or processor/re-refiner who provided the 
used oil for transport.
    (ii) Intermediate rail transporters are not required to sign the 
record of acceptance.
    (b) Deliveries. Used oil transporters must keep a record of each 
shipment of used oil that is delivered to another used oil transporter, 
or to a used oil burner, processor/re-refiner, or disposal facility. 
Records of each delivery must include:
    (1) The name and address of the receiving facility or transporter;
    (2) The EPA identification number of the receiving facility or 
transporter;
    (3) The quantity of used oil delivered;
    (4) The date of delivery;
    (5)(i) Except as provided in paragraph (b)(5)(ii) of this section, 
the signature, dated upon receipt of the used oil, of a representative 
of the receiving facility or transporter.
    (ii) Intermediate rail transporters are not required to sign the 
record of delivery.
    (c) Exports of used oil. Used oil transporters must maintain the 
records described in paragraphs (b)(1) through (b)(4) of this section 
for each shipment of used oil exported to any foreign country.
    (d) Record retention. The records described in paragraphs (a), (b), 
and (c) of this section must be maintained for at least three years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994]



Sec. 279.47  Management of residues.

    Transporters who generate residues from the storage or transport of 
used oil must manage the residues as specified in Sec. 279.10(e).



       Subpart F_Standards for Used Oil Processors and Re-Refiners



Sec. 279.50  Applicability.

    (a) The requirements of this subpart apply to owners and operators 
of facilities that process used oil. Processing means chemical or 
physical operations designed to produce from used oil, or to make used 
oil more amenable for production of, fuel oils, lubricants, or other 
used oil-derived products. Processing includes, but is not limited to: 
blending used oil with virgin petroleum products, blending used oils to 
meet the fuel specification, filtration, simple distillation, chemical 
or physical separation and re-refining. The requirements of this subpart 
do not apply to:
    (1) Transporters that conduct incidental processing operations that 
occur during the normal course of transportation as provided in Sec. 
279.41; or

[[Page 508]]

    (2) Burners that conduct incidental processing operations that occur 
during the normal course of used oil management prior to burning as 
provided in Sec. 279.61(b).
    (b) Other applicable provisions. Used oil processors/re-refiners who 
conduct the following activities are also subject to the requirements of 
other applicable provisions of this part as indicated in paragraphs 
(b)(1) through (b)(5) of this section.
    (1) Processors/re-refiners who generate used oil must also comply 
with subpart C of this part;
    (2) Processors/re-refiners who transport used oil must also comply 
with subpart E of this part;
    (3) Except as provided in paragraphs (b)(3)(i) and (b)(3)(ii) of 
this section, processors/re-refiners who burn off-specification used oil 
for energy recovery must also comply with subpart G of this part. 
Processor/re-refiners burning used oil for energy recovery under the 
following conditions are not subject to subpart G of this part:
    (i) The used oil is burned in an on-site space heater that meets the 
requirements of Sec. 279.23; or
    (ii) The used oil is burned for purposes of processing used oil, 
which is considered burning incidentally to used oil processing;
    (4) Processors/re-refiners who direct shipments of off-specification 
used oil from their facility to a used oil burner or first claim that 
used oil that is to be burned for energy recovery meets the used oil 
fuel specifications set forth in Sec. 279.11 must also comply with 
subpart H of this part; and
    (5) Processors/re-refiners who dispose of used oil, including the 
use of used oil as a dust suppressant, also must comply with subpart I 
of this part.



Sec. 279.51  Notification.

    (a) Identification numbers. Used oil processors and re-refiners who 
have not previously complied with the notification requirements of RCRA 
section 3010 must comply with these requirements and obtain an EPA 
identification number.
    (b) Mechanics of notification. A used oil processor or re-refiner 
who has not received an EPA identification number may obtain one by 
notifying the Regional Administrator of their used oil activity by 
submitting either:
    (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call 
RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
    (2) A letter requesting an EPA identification number.
    Call RCRA/Superfund Hotline to determine where to send a letter 
requesting an EPA identification number. The letter should include the 
following information:
    (i) Processor or re-refiner company name;
    (ii) Owner of the processor or re-refiner company;
    (iii) Mailing address for the processor or re-refiner;
    (iv) Name and telephone number for the processor or re-refiner point 
of contact;
    (v) Type of used oil activity (i.e., process only, process and re-
refine);
    (vi) Location of the processor or re-refiner facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.52  General facility standards.

    (a) Preparedness and prevention. Owners and operators of used oil 
processing and re-refining facilities must comply with the following 
requirements:
    (1) Maintenance and operation of facility. Facilities must be 
maintained and operated to minimize the possibility of a fire, 
explosion, or any unplanned sudden or non-sudden release of used oil to 
air, soil, or surface water which could threaten human health or the 
environment.
    (2) Required equipment. All facilities must be equipped with the 
following, unless none of the hazards posed by used oil handled at the 
facility could require a particular kind of equipment specified in 
paragraphs (a)(2)(i) through (iv) of this section:
    (i) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel;
    (ii) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments,

[[Page 509]]

fire departments, or State or local emergency response teams;
    (iii) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment and decontamination equipment; 
and
    (iv) Water at adequate volume and pressure to supply water hose 
streams, or foam producing equipment, or automatic sprinklers, or water 
spray systems.
    (3) Testing and maintenance of equipment. All facility 
communications or alarm systems, fire protection equipment, spill 
control equipment, and decontamination equipment, where required, must 
be tested and maintained as necessary to assure its proper operation in 
time of emergency.
    (4) Access to communications or alarm system. (i) Whenever used oil 
is being poured, mixed, spread, or otherwise handled, all personnel 
involved in the operation must have immediate access to an internal 
alarm or emergency communication device, either directly or through 
visual or voice contact with another employee, unless such a device is 
not required in paragraph (a)(2) of this section.
    (ii) If there is ever just one employee on the premises while the 
facility is operating, the employee must have immediate access to a 
device, such as a telephone (immediately available at the scene of 
operation) or a hand-held two-way radio, capable of summoning external 
emergency assistance, unless such a device is not required in paragraph 
(a)(2) of this section.
    (5) Required aisle space. The owner or operator must maintain aisle 
space to allow the unobstructed movement of personnel, fire protection 
equipment, spill control equipment, and decontamination equipment to any 
area of facility operation in an emergency, unless aisle space is not 
needed for any of these purposes.
    (6) Arrangements with local authorities. (i) The owner or operator 
must attempt to make the following arrangements, as appropriate for the 
type of used oil handled at the facility and the potential need for the 
services of these organizations:
    (A) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
used oil handled at the facility and associated hazards, places where 
facility personnel would normally be working, entrances to roads inside 
the facility, and possible evacuation routes;
    (B) Where more than one police and fire department might respond to 
an emergency, agreements designating primary emergency authority to a 
specific police and a specific fire department, and agreements with any 
others to provide support to the primary emergency authority;
    (C) Agreements with State emergency response teams, emergency 
response contractors, and equipment suppliers; and
    (D) Arrangements to familiarize local hospitals with the properties 
of used oil handled at the facility and the types of injuries or 
illnesses which could result from fires, explosions, or releases at the 
facility.
    (ii) Where State or local authorities decline to enter into such 
arrangements, the owner or operator must document the refusal in the 
operating record.
    (b) Contingency plan and emergency procedures. Owners and operators 
of used oil processing and re-refining facilities must comply with the 
following requirements:
    (1) Purpose and implementation of contingency plan. (i) Each owner 
or operator must have a contingency plan for the facility. The 
contingency plan must be designed to minimize hazards to human health or 
the environment from fires, explosions, or any unplanned sudden or non-
sudden release of used oil to air, soil, or surface water.
    (ii) The provisions of the plan must be carried out immediately 
whenever there is a fire, explosion, or release of used oil which could 
threaten human health or the environment.
    (2) Content of contingency plan. (i) The contingency plan must 
describe the actions facility personnel must take to comply with 
paragraphs (b) (1) and (6) of this section in response to fires, 
explosions, or any unplanned sudden or non-sudden release of used oil to 
air, soil, or surface water at the facility.

[[Page 510]]

    (ii) If the owner or operator has already prepared a Spill 
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 
part 112 of this chapter, or part 1510 of chapter V of this title, or 
some other emergency or contingency plan, the owner or operator need 
only amend that plan to incorporate used oil management provisions that 
are sufficient to comply with the requirements of this part.
    (iii) The plan must describe arrangements agreed to by local police 
departments, fire departments, hospitals, contractors, and State and 
local emergency response teams to coordinate emergency services, 
pursuant to paragraph (a)(6) of this section.
    (iv) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
paragraph (b)(5) of this section), and this list must be kept up to 
date. Where more than one person is listed, one must be named as primary 
emergency coordinator and others must be listed in the order in which 
they will assume responsibility as alternates.
    (v) The plan must include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external), and 
decontamination equipment), where this equipment is required. This list 
must be kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list, and a brief outline 
of its capabilities.
    (vi) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of used oil or fires).
    (3) Copies of contingency plan. A copy of the contingency plan and 
all revisions to the plan must be:
    (i) Maintained at the facility; and
    (ii) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.
    (4) Amendment of contingency plan. The contingency plan must be 
reviewed, and immediately amended, if necessary, whenever:
    (i) Applicable regulations are revised;
    (ii) The plan fails in an emergency;
    (iii) The facility changes--in its design, construction, operation, 
maintenance, or other circumstances--in a way that materially increases 
the potential for fires, explosions, or releases of used oil, or changes 
the response necessary in an emergency;
    (iv) The list of emergency coordinators changes; or
    (v) The list of emergency equipment changes.
    (5) Emergency coordinator. At all times, there must be at least one 
employee either on the facility premises or on call (i.e., available to 
respond to an emergency by reaching the facility within a short period 
of time) with the responsibility for coordinating all emergency response 
measures. This emergency coordinator must be thoroughly familiar with 
all aspects of the facility's contingency plan, all operations and 
activities at the facility, the location and characteristic of used oil 
handled, the location of all records within the facility, and facility 
layout. In addition, this person must have the authority to commit the 
resources needed to carry out the contingency plan.
    Guidance: The emergency coordinator's responsibilities are more 
fully spelled out in paragraph (b)(6) of this section. Applicable 
responsibilities for the emergency coordinator vary, depending on 
factors such as type and variety of used oil handled by the facility, 
and type and complexity of the facility.
    (6) Emergency procedures. (i) Whenever there is an imminent or 
actual emergency situation, the emergency coordinator (or the designee 
when the emergency coordinator is on call) must immediately:
    (A) Activate internal facility alarms or communication systems, 
where applicable, to notify all facility personnel; and
    (B) Notify appropriate State or local agencies with designated 
response roles if their help is needed.

[[Page 511]]

    (ii) 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 analyses.
    (iii) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-offs from 
water or chemical agents used to control fire and heat-induced 
explosions).
    (iv) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (A) If his assessment indicated that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (B) He must immediately notify either the government official 
designated as the on-scene coordinator for the geographical area (in the 
applicable regional contingency plan under part 1510 of this title), or 
the National Response Center (using their 24-hour toll free number 800/
424-8802). The report must include:
    (1) Name and telephone number of reporter;
    (2) Name and address of facility;
    (3) Time and type of incident (e.g., release, fire);
    (4) Name and quantity of material(s) involved, to the extent known;
    (5) The extent of injuries, if any; and
    (6) The possible hazards to human health, or the environment, 
outside the facility.
    (v) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other used oil or hazardous 
waste at the facility. These measures must include, where applicable, 
stopping processes and operation, collecting and containing released 
used oil, and removing or isolating containers.
    (vi) If the facility stops operation in response to a fire, 
explosion, or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (vii) Immediately after an emergency, the emergency coordinator must 
provide for recycling, storing, or disposing of recovered used oil, 
contaminated soil or surface water, or any other material that results 
from a release, fire, or explosion at the facility.
    (viii) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (A) No waste or used oil that may be incompatible with the released 
material is recycled, treated, stored, or disposed of until cleanup 
procedures are completed; and
    (B) All emergency equipment listed in the contingency plan is 
cleaned and fit for its intended use before operations are resumed.
    (C) The owner or operator must notify the Regional Administrator, 
and appropriate State and local authorities that the facility is in 
compliance with paragraphs (b)(6)(viii)(A) and (B) of this section 
before operations are resumed in the affected area(s) of the facility.
    (ix) The owner or operator must note in the operating record the 
time, date and details of any incident that requires implementing the 
contingency plan. Within 15 days after the incident, he must submit a 
written report on the incident to the Regional Administrator. The report 
must include:
    (A) Name, address, and telephone number of the owner or operator;
    (B) Name, address, and telephone number of the facility;
    (C) Date, time, and type of incident (e.g., fire, explosion);
    (D) Name and quantity of material(s) involved;
    (E) The extent of injuries, if any;

[[Page 512]]

    (F) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable;
    (G) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 
FR 40280, July 14, 2006]



Sec. 279.53  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a processing/re-refining 
facility is not hazardous waste under the rebuttable presumption of 
Sec. 279.10(b)(1)(ii), the owner or operator of a used oil processing/
re-refining facility must determine whether the total halogen content of 
used oil managed at the facility is above or below 1,000 ppm.
    (b) The owner or operator must make this determination by:
    (1) Testing the used oil; or
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used.
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by showing that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling agreement, to reclaim metalworking oils/fluids. The 
presumption does apply to metalworking oils/fluids if such oils/fluids 
are recycled in any other manner, or disposed.
    (2) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 
70 FR 34591, June 14, 2005]



Sec. 279.54  Used oil management.

    Used oil processor/re-refiners are subject to all applicable Spill 
Prevention, Control and Countermeasures (40 CFR part 112) in addition to 
the requirements of this subpart. Used oil processors/re-refiners are 
also subject to the Underground Storage Tank (40 CFR part 280) standards 
for used oil stored in underground tanks whether or not the used oil 
exhibits any characteristics of hazardous waste, in addition to the 
requirements of this subpart.
    (a) Management units. Used oil processors/re-refiners may not store 
used oil in units other than tanks, containers, or units subject to 
regulation under part 264 or 265 of this chapter.
    (b) Condition of units. Containers and aboveground tanks used to 
store or process used oil at processing and re-refining facilities must 
be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (c) Secondary containment for containers. Containers used to store 
or process used oil at processing and re-refining facilities must be 
equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (d) Secondary containment for existing aboveground tanks. Existing 
aboveground tanks used to store or process used oil at processing and 
re-refining facilities must be equipped with a secondary containment 
system.

[[Page 513]]

    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall except areas where existing portions of the tank 
meet the ground; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (e) Secondary containment for new aboveground tanks. New aboveground 
tanks used to store or process used oil at processing and re-refining 
facilities must be equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (f) Labels. (1) Containers and aboveground tanks used to store or 
process used oil at processing and re-refining facilities must be 
labeled or marked clearly with the words ``Used Oil.''
    (2) Fill pipes used to transfer used oil into underground storage 
tanks at processing and re-refining facilities must be labeled or marked 
clearly with the words ``Used Oil.''
    (g) Response to releases. Upon detection of a release of used oil to 
the environment that is not subject to the requirements of part 280, 
subpart F of this chapter and which has occurred after the effective 
date of the recycled used oil management program in effect in the State 
in which the release is located, an owner/operator must perform the 
following cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;
    (3) Clean up and manage properly the released used oil and other 
materials; and
    (4) If necessary, repair or replace any leaking used oil storage 
containers or tanks prior to returning them to service.
    (h) Closure--(1) Aboveground tanks. Owners and operators who store 
or process used oil in aboveground tanks must comply with the following 
requirements:
    (i) At closure of a tank system, the owner or operator must remove 
or decontaminate used oil residues in tanks, contaminated containment 
system components, contaminated soils, and structures and equipment 
contaminated with used oil, and manage them as hazardous waste, unless 
the materials are not hazardous waste under this chapter.
    (ii) If the owner or operator demonstrates that not all contaminated 
soils can be practicably removed or decontaminated as required in 
paragraph (h)(1)(i) of this section, then the owner or operator must 
close the tank system and perform post-closure care in accordance with 
the closure and post-closure care requirements that apply to hazardous 
waste landfills (Sec. 265.310 of this chapter).
    (2) Containers. Owners and operators who store used oil in 
containers must comply with the following requirements:
    (i) At closure, containers holding used oils or residues of used oil 
must be removed from the site;
    (ii) The owner or operator must remove or decontaminate used oil 
residues, contaminated containment system components, contaminated 
soils, and structures and equipment contaminated with used oil, and 
manage them as hazardous waste, unless the materials are not hazardous 
waste under part 261 of this chapter.

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

[[Page 514]]



Sec. 279.55  Analysis plan.

    Owners or operators of used oil processing and re-refining 
facilities must develop and follow a written analysis plan describing 
the procedures that will be used to comply with the analysis 
requirements of Sec. 279.53 and, if applicable, Sec. 279.72. The owner 
or operator must keep the plan at the facility.
    (a) Rebuttable presumption for used oil in Sec. 279.53. At a 
minimum, the plan must specify the following:
    (1) Whether sample analyses or knowledge of the halogen content of 
the used oil will be used to make this determination.
    (2) If sample analyses are used to make this determination:
    (i) The sampling method used to obtain representative samples to be 
analyzed. A representative sample may be obtained using either:
    (A) One of the sampling methods in appendix I of part 261 of this 
chapter; or
    (B) A method shown to be equivalent under Sec. Sec. 260.20 and 
260.21 of this chapter;
    (ii) The frequency of sampling to be performed, and whether the 
analysis will be performed on-site or off-site; and
    (iii) The methods used to analyze used oil for the parameters 
specified in Sec. 279.53; and
    (3) The type of information that will be used to determine the 
halogen content of the used oil.
    (b) On-specification used oil fuel in Sec. 279.72. At a minimum, 
the plan must specify the following if Sec. 279.72 is applicable:
    (1) Whether sample analyses or other information will be used to 
make this determination;
    (2) If sample analyses are used to make this determination:
    (i) The sampling method used to obtain representative samples to be 
analyzed. A representative sample may be obtained using either:
    (A) One of the sampling methods in appendix I of part 261 of this 
chapter; or
    (B) A method shown to be equivalent under Sec. Sec. 260.20 and 
260.21 of this chapter;
    (ii) Whether used oil will be sampled and analyzed prior to or after 
any processing/re-refining;
    (iii) The frequency of sampling to be performed, and whether the 
analysis will be performed on-site or off-site; and
    (iv) The methods used to analyze used oil for the parameters 
specified in Sec. 279.72; and
    (3) The type of information that will be used to make the on-
specification used oil fuel determination.

[57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006]



Sec. 279.56  Tracking.

    (a) Acceptance. Used oil processors/re-refiners must keep a record 
of each used oil shipment accepted for processing/re-refining. These 
records may take the form of a log, invoice, manifest, bill of lading or 
other shipping documents. Records for each shipment must include the 
following information:
    (1) The name and address of the transporter who delivered the used 
oil to the processor/re-refiner;
    (2) The name and address of the generator or processor/re-refiner 
from whom the used oil was sent for processing/re-refining;
    (3) The EPA identification number of the transporter who delivered 
the used oil to the processor/re-refiner;
    (4) The EPA identification number (if applicable) of the generator 
or processor/re-refiner from whom the used oil was sent for processing/
re-refining;
    (5) The quantity of used oil accepted; and
    (6) The date of acceptance.
    (b) Delivery. Used oil processor/re-refiners must keep a record of 
each shipment of used oil that is shipped to a used oil burner, 
processor/ re-refiner, or disposal facility. These records may take the 
form of a log, invoice, manifest, bill of lading or other shipping 
documents. Records for each shipment must include the following 
information:
    (1) The name and address of the transporter who delivers the used 
oil to the burner, processor/re-refiner or disposal facility;

[[Page 515]]

    (2) The name and address of the burner, processor/re-refiner or 
disposal facility who will receive the used oil;
    (3) The EPA identification number of the transporter who delivers 
the used oil to the burner, processor/re-refiner or disposal facility;
    (4) The EPA identification number of the burner, processor/re-
refiner, or disposal facility who will receive the used oil;
    (5) The quantity of used oil shipped; and
    (6) The date of shipment.
    (c) Record retention. The records described in paragraphs (a) and 
(b) of this section must be maintained for at least three years.

[57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006]



Sec. 279.57  Operating record and reporting.

    (a) Operating record. (1) The owner or operator must keep a written 
operating record at the facility.
    (2) The following information must be recorded, as it becomes 
available, and maintained in the operating record until closure of the 
facility;
    (i) Records and results of used oil analyses performed as described 
in the analysis plan required under Sec. 279.55; and
    (ii) Summary reports and details of all incidents that require 
implementation of the contingency plan as specified in Sec. 279.52(b).
    (b) Reporting. A used oil processor/re-refiner must report to the 
Regional Administrator, in the form of a letter, on a biennial basis (by 
March 1 of each even numbered year), the following information 
concerning used oil activities during the previous calendar year;
    (1) The EPA identification number, name, and address of the 
processor/re-refiner;
    (2) The calendar year covered by the report; and
    (3) The quantities of used oil accepted for processing/re-refining 
and the manner in which the used oil is processed/re-refined, including 
the specific processes employed.

[57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006]



Sec. 279.58  Off-site shipments of used oil.

    Used oil processors/re-refiners who initiate shipments of used oil 
off-site must ship the used oil using a used oil transporter who has 
obtained an EPA identification number.



Sec. 279.59  Management of residues.

    Owners and operators who generate residues from the storage, 
processing, or re-refining of used oil must manage the residues as 
specified in Sec. 279.10(e).

[57 FR 41612, Sept. 10, 1992, as amended at 71 FR 40280, July 14, 2006]



Subpart G_Standards for Used Oil Burners Who Burn Off-Specification Used 
                         Oil for Energy Recovery



Sec. 279.60  Applicability.

    (a) General. The requirements of this subpart apply to used oil 
burners except as specified in paragraphs (a)(1) and (a)(2) of this 
section. A used oil burner is a facility where used oil not meeting the 
specification requirements in Sec. 279.11 is burned for energy recovery 
in devices identified in Sec. 279.61(a). Facilities burning used oil 
for energy recovery under the following conditions are not subject to 
this Subpart:
    (1) The used oil is burned by the generator in an on-site space 
heater under the provisions of Sec. 279.23; or
    (2) The used oil is burned by a processor/re-refiner for purposes of 
processing used oil, which is considered burning incidentally to used 
oil processing.
    (b) Other applicable provisions. Used oil burners who conduct the 
following activities are also subject to the requirements of other 
applicable provisions of this part as indicated below.
    (1) Burners who generate used oil must also comply with subpart C of 
this part;
    (2) Burners who transport used oil must also comply with subpart E 
of this part;
    (3) Except as provided in Sec. 279.61(b), burners who process or 
re-refine used oil must also comply with subpart F of this part;
    (4) Burners who direct shipments of off-specification used oil from 
their facility to a used oil burner or first claim

[[Page 516]]

that used oil that is to be burned for energy recovery meets the used 
oil fuel specifications set forth in Sec. 279.11 must also comply with 
subpart H of this part; and
    (5) Burners who dispose of used oil, including the use of used oil 
as a dust suppressant, must comply with subpart I of this part.
    (c) Specification fuel. This subpart does not apply to persons 
burning used oil that meets the used oil fuel specification of Sec. 
279.11, provided that the burner complies with the requirements of 
subpart H of this part.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.61  Restrictions on burning.

    (a) Off-specification used oil fuel may be burned for energy 
recovery in only the following devices:
    (1) Industrial furnaces identified in Sec. 260.10 of this chapter;
    (2) Boilers, as defined in Sec. 260.10 of this chapter, that are 
identified as follows:
    (i) Industrial boilers located on the site of a facility engaged in 
a manufacturing process where substances are transformed into new 
products, including the component parts of products, by mechanical or 
chemical processes;
    (ii) Utility boilers used to produce electric power, steam, heated 
or cooled air, or other gases or fluids for sale; or
    (iii) Used oil-fired space heaters provided that the burner meets 
the provisions of Sec. 279.23; or
    (3) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter.
    (b)(1) With the following exception, used oil burners may not 
process used oil unless they also comply with the requirements of 
subpart F of this part.
    (2) Used oil burners may aggregate off-specification used oil with 
virgin oil or on-specification used oil for purposes of burning, but may 
not aggregate for purposes of producing on-specification used oil.



Sec. 279.62  Notification.

    (a) Identification numbers. Used oil burners which have not 
previously complied with the notification requirements of RCRA section 
3010 must comply with these requirements and obtain an EPA 
identification number.
    (b) Mechanics of notification. A used oil burner who has not 
received an EPA identification number may obtain one by notifying the 
Regional Administrator of their used oil activity by submitting either:
    (1) A completed EPA Form 8700-12 (To obtain EPA Form 8700-12 call 
RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or
    (2) A letter requesting an EPA identification number. Call the RCRA/
Superfund Hotline to determine where to send a letter requesting an EPA 
identification number. The letter should include the following 
information:
    (i) Burner company name;
    (ii) Owner of the burner company;
    (iii) Mailing address for the burner;
    (iv) Name and telephone number for the burner point of contact;
    (v) Type of used oil activity; and
    (vi) Location of the burner facility.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.63  Rebuttable presumption for used oil.

    (a) To ensure that used oil managed at a used oil burner facility is 
not hazardous waste under the rebuttable presumption of Sec. 
279.10(b)(1)(ii), a used oil burner must determine whether the total 
halogen content of used oil managed at the facility is above or below 
1,000 ppm.
    (b) The used oil burner must determine if the used oil contains 
above or below 1,000 ppm total halogens by:
    (1) Testing the used oil;
    (2) Applying knowledge of the halogen content of the used oil in 
light of the materials or processes used; or
    (3) If the used oil has been received from a processor/re-refiner 
subject to regulation under subpart F of this part, using information 
provided by the processor/re-refiner.
    (c) If the used oil contains greater than or equal to 1,000 ppm 
total halogens, it is presumed to be a hazardous waste because it has 
been mixed with halogenated hazardous waste listed in subpart D of part 
261 of this chapter. The owner or operator may rebut the presumption by 
demonstrating

[[Page 517]]

that the used oil does not contain hazardous waste (for example, by 
showing that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in appendix VIII of part 261 
of this chapter).
    (1) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling arrangement as described in Sec. 279.24(c), to reclaim 
metalworking oils/fluids. The presumption does apply to metalworking 
oils/fluids if such oils/fluids are recycled in any other manner, or 
disposed.
    (2) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.
    (d) Record retention. Records of analyses conducted or information 
used to comply with paragraphs (a), (b), and (c) of this section must be 
maintained by the burner for at least 3 years.

[57 FR 41612, Sept. 10, 1992, as amended at 59 FR 10560, Mar. 4, 1994; 
70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006]



Sec. 279.64  Used oil storage.

    Used oil burners are subject to all applicable Spill Prevention, 
Control and Countermeasures (40 CFR part 112) in addition to the 
requirements of this subpart. Used oil burners are also subject to the 
Underground Storage Tank (40 CFR part 280) standards for used oil stored 
in underground tanks whether or not the used oil exhibits any 
characteristics of hazardous waste, in addition to the requirements of 
this subpart.
    (a) Storage units. Used oil burners may not store used oil in units 
other than tanks, containers, or units subject to regulation under parts 
264 or 265 of this chapter.
    (b) Condition of units. Containers and aboveground tanks used to 
store oil at burner facilities must be:
    (1) In good condition (no severe rusting, apparent structural 
defects or deterioration); and
    (2) Not leaking (no visible leaks).
    (c) Secondary containment for containers. Containers used to store 
used oil at burner facilities must be equipped with a secondary 
containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall.
    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (d) Secondary containment for existing aboveground tanks. Existing 
aboveground tanks used to store used oil at burner facilities must be 
equipped with a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall except areas where existing portions of the tank 
meet the ground; or
    (iii) An equivalent secondary containment system.
    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (e) Secondary containment for new aboveground tanks. New aboveground 
tanks used to store used oil at burner facilities must be equipped with 
a secondary containment system.
    (1) The secondary containment system must consist of, at a minimum:
    (i) Dikes, berms or retaining walls; and
    (ii) A floor. The floor must cover the entire area within the dike, 
berm, or retaining wall; or
    (iii) An equivalent secondary containment system.

[[Page 518]]

    (2) The entire containment system, including walls and floor, must 
be sufficiently impervious to used oil to prevent any used oil released 
into the containment system from migrating out of the system to the 
soil, groundwater, or surface water.
    (f) Labels. (1) Containers and aboveground tanks used to store used 
oil at burner facilities must be labeled or marked clearly with the 
words ``Used Oil.''
    (2) Fill pipes used to transfer used oil into underground storage 
tanks at burner facilities must be labeled or marked clearly with the 
words ``Used Oil.''
    (g) Response to releases. Upon the detection of a release of used 
oil to the environment that is not subject to the requirements of part 
280, subpart F of this chapter and which has occurred after the 
effective date of the recycled used oil management program in effect in 
the State in which the release is located, a burner must perform the 
following cleanup steps:
    (1) Stop the release;
    (2) Contain the released used oil;
    (3) Clean up and manage properly the released used oil and other 
materials; and
    (4) If necessary, repair or replace any leaking used oil storage 
containers or tanks prior to returning them to service.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 
FR 24969, May 6, 1998; 71 FR 40280, July 14, 2006]



Sec. 279.65  Tracking.

    (a) Acceptance. Used oil burners must keep a record of each used oil 
shipment accepted for burning. These records may take the form of a log, 
invoice, manifest, bill of lading, or other shipping documents. Records 
for each shipment must include the following information:
    (1) The name and address of the transporter who delivered the used 
oil to the burner;
    (2) The name and address of the generator or processor/re-refiner 
from whom the used oil was sent to the burner;
    (3) The EPA identification number of the transporter who delivered 
the used oil to the burner;
    (4) The EPA identification number (if applicable) of the generator 
or processor/re-refiner from whom the used oil was sent to the burner;
    (5) The quantity of used oil accepted; and
    (6) The date of acceptance.
    (b) Record retention. The records described in paragraph (a) of this 
section must be maintained for at least three years.



Sec. 279.66  Notices.

    (a) Certification. Before a burner accepts the first shipment of 
off-specification used oil fuel from a generator, transporter, or 
processor/re-refiner, the burner must provide to the generator, 
transporter, or processor/re-refiner a one-time written and signed 
notice certifying that:
    (1) The burner has notified EPA stating the location and general 
description of his used oil management activities; and
    (2) The burner will burn the used oil only in an industrial furnace 
or boiler identified in Sec. 279.61(a).
    (b) Certification retention. The certification described in 
paragraph (a) of this section must be maintained for three years from 
the date the burner last receives shipment of off-specification used oil 
from that generator, transporter, or processor/re-refiner.



Sec. 279.67  Management of residues.

    Burners who generate residues from the storage or burning of used 
oil must manage the residues as specified in Sec. 279.10(e).



             Subpart H_Standards for Used Oil Fuel Marketers



Sec. 279.70  Applicability.

    (a) Any person who conducts either of the following activities is 
subject to the requirements of this subpart:
    (1) Directs a shipment of off-specification used oil from their 
facility to a used oil burner; or
    (2) First claims that used oil that is to be burned for energy 
recovery meets the used oil fuel specifications set forth in Sec. 
279.11.
    (b) The following persons are not marketers subject to this subpart:

[[Page 519]]

    (1) Used oil generators, and transporters who transport used oil 
received only from generators, unless the generator or transporter 
directs a shipment of off-specification used oil from their facility to 
a used oil burner. However, processors/re-refiners who burn some used 
oil fuel for purposes of processing are considered to be burning 
incidentally to processing. Thus, generators and transporters who direct 
shipments of off-specification used oil to processor/re-refiners who 
incidentally burn used oil are not marketers subject to this Subpart;
    (2) Persons who direct shipments of on-specification used oil and 
who are not the first person to claim the oil meets the used oil fuel 
specifications of Sec. 279.11.
    (c) Any person subject to the requirements of this Subpart must also 
comply with one of the following:
    (1) Subpart C of this part--Standards for Used Oil Generators;
    (2) Subpart E of this part--Standards for Used Oil Transporters and 
Transfer Facilities;
    (3) Subpart F of this part--Standards for Used Oil Processors and 
Re-refiners; or
    (4) Subpart G of this part--Standards for Used Oil Burners who Burn 
Off-Specification Used Oil for Energy Recovery.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 71 
FR 40280, July 14, 2006]



Sec. 279.71  Prohibitions.

    A used oil fuel marketer may initiate a shipment of off-
specification used oil only to a used oil burner who:
    (a) Has an EPA identification number; and
    (b) Burns the used oil in an industrial furnace or boiler identified 
in Sec. 279.61(a).



Sec. 279.72  On-specification used oil fuel.

    (a) Analysis of used oil fuel. A generator, transporter, processor/
re-refiner, or burner may determine that used oil that is to be burned 
for energy recovery meets the fuel specifications of Sec. 279.11 by 
performing analyses or obtaining copies of analyses or other information 
documenting that the used oil fuel meets the specifications.
    (b) Record retention. A generator, transporter, processor/re-
refiner, or burner who first claims that used oil that is to be burned 
for energy recovery meets the specifications for used oil fuel under 
Sec. 279.11, must keep copies of analyses of the used oil (or other 
information used to make the determination) for three years.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]



Sec. 279.73  Notification.

    (a) Identification numbers. A used oil fuel marketer subject to the 
requirements of this subpart who has not previously complied with the 
notification requirements of RCRA section 3010 must comply with these 
requirements and obtain an EPA identification number.
    (b) A marketer who has not received an EPA identification number may 
obtain one by notifying the Regional Administrator of their used oil 
activity by submitting either:
    (1) A completed EPA Form 8700-12; or
    (2) A letter requesting an EPA identification number. The letter 
should include the following information:
    (i) Marketer company name;
    (ii) Owner of the marketer;
    (iii) Mailing address for the marketer;
    (iv) Name and telephone number for the marketer point of contact; 
and
    (v) Type of used oil activity (i.e., generator directing shipments 
of off-specification used oil to a burner).

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 33342, June 17, 1993]



Sec. 279.74  Tracking.

    (a) Off-specification used oil delivery. Any used oil marketer who 
directs a shipment of off-specification used oil to a burner must keep a 
record of each shipment of used oil to a used oil burner. These records 
may take the form of a log, invoice, manifest, bill of lading or other 
shipping documents. Records for each shipment must include the following 
information:
    (1) The name and address of the transporter who delivers the used 
oil to the burner;
    (2) The name and address of the burner who will receive the used 
oil;

[[Page 520]]

    (3) The EPA identification number of the transporter who delivers 
the used oil to the burner;
    (4) The EPA identification number of the burner;
    (5) The quantity of used oil shipped; and
    (6) The date of shipment.
    (b) On-specification used oil delivery. A generator, transporter, 
processor/re-refiner, or burner who first claims that used oil that is 
to be burned for energy recovery meets the fuel specifications under 
Sec. 279.11 must keep a record of each shipment of used oil to the 
facility to which it delivers the used oil. Records for each shipment 
must include the following information:
    (1) The name and address of the facility receiving the shipment;
    (2) The quantity of used oil fuel delivered;
    (3) The date of shipment or delivery; and
    (4) A cross-reference to the record of used oil analysis or other 
information used to make the determination that the oil meets the 
specification as required under Sec. 279.72(a).
    (c) Record retention. The records described in paragraphs (a) and 
(b) of this section must be maintained for at least three years.

[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993; 63 
FR 24969, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 
2003]



Sec. 279.75  Notices.

    (a) Certification. Before a used oil generator, transporter, or 
processor/re-refiner directs the first shipment of off-specification 
used oil fuel to a burner, he must obtain a one-time written and signed 
notice from the burner certifying that:
    (1) The burner has notified EPA stating the location and general 
description of used oil management activities; and
    (2) The burner will burn the off-specification used oil only in an 
industrial furnace or boiler identified in Sec. 279.61(a).
    (b) Certification retention. The certification described in 
paragraph (a) of this section must be maintained for three years from 
the date the last shipment of off-specification used oil is shipped to 
the burner.



 Subpart I_Standards for Use as a Dust Suppressant and Disposal of Used 
                                   Oil



Sec. 279.80  Applicability.

    The requirements of this subpart apply to all used oils that cannot 
be recycled and are therefore being disposed.



Sec. 279.81  Disposal.

    (a) Disposal of hazardous used oils. Used oils that are identified 
as a hazardous waste and cannot be recycled in accordance with this part 
must be managed in accordance with the hazardous waste management 
requirements of parts 260 through 266, 268, 270 and 124 of this chapter.
    (b) Disposal of nonhazardous used oils. Used oils that are not 
hazardous wastes and cannot be recycled under this part must be disposed 
in accordance with the requirements of parts 257 and 258 of this 
chapter.



Sec. 279.82  Use as a dust suppressant.

    (a) The use of used oil as a dust suppressant is prohibited, except 
when such activity takes place in one of the states listed in paragraph 
(c) of this section.
    (b) A State may petition (e.g., as part of its authorization 
petition submitted to EPA under Sec. 271.5 of this chapter or by a 
separate submission) EPA to allow the use of used oil (that is not mixed 
with hazardous waste and does not exhibit a characteristic other than 
ignitability) as a dust suppressant. The State must show that it has a 
program in place to prevent the use of used oil/hazardous waste mixtures 
or used oil exhibiting a characteristic other than ignitability as a 
dust suppressant. In addition, such programs must minimize the impacts 
of use as a dust suppressant on the environment.
    (c) List of States. [Reserved]

[[Page 521]]



PART 280_TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS 
FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
--Table of Contents



  Subpart A_Program Scope and Installation Requirements for Partially 
                          Excluded UST Systems

Sec.
280.10 Applicability.
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions.

     Subpart B_UST Systems: Design, Construction, Installation and 
                              Notification

280.20 Performance standards for new UST systems.
280.21 Upgrading of existing UST systems.
280.22 Notification requirements.

                Subpart C_General Operating Requirements

280.30 Spill and overfill control.
280.31 Operation and maintenance of corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill prevention equipment and containment 
          sumps used for interstitial monitoring of piping and periodic 
          inspection of overfill prevention equipment.
280.36 Periodic operation and maintenance walkthrough inspections.

                       Subpart D_Release Detection

280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
280.43 Methods of release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.

      Subpart E_Release Reporting, Investigation, and Confirmation

280.50 Reporting of suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.

    Subpart F_Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances

280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and groundwater cleanup.
280.66 Corrective action plan.
280.67 Public participation.

            Subpart G_Out-of-Service UST Systems and Closure

280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.

                   Subpart H_Financial Responsibility

280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-insurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism.
280.101 State fund or other state assurance.
280.102 Trust fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or 
          operator.
280.109 Cancellation or nonrenewal by a provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider 
          of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.

[[Page 522]]

280.116 Suspension of enforcement. [Reserved]

                       Subpart I_Lender Liability

280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground storage tank or underground storage 
          tank system or facility or property on which an underground 
          storage tank or underground storage tank system is located.
280.230 Operating an underground storage tank or underground storage 
          tank system.

                       Subpart J_Operator Training

280.240 General requirement for all UST systems.
280.241 Designation of Class A, B, and C operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.

 Subpart K_UST Systems with Field-Constructed Tanks and Airport Hydrant 
                        Fuel Distribution Systems

280.250 Definitions.
280.251 General requirements.
280.252 Additions, exceptions, and alternatives for UST systems with 
          field-constructed tanks and airport hydrant systems.

Appendix I to Part 280--Notification for Underground Storage Tanks 
          (Form)
Appendix II to Part 280--Notification of Ownership Change for 
          Underground Storage Tanks (Form)
Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 
6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

    Source: 80 FR 41623, July 15, 2015, unless otherwise noted.



  Subpart A_Program Scope and Installation Requirements for Partially 
                          Excluded UST Systems



Sec. 280.10  Applicability.

    (a) The requirements of this part apply to all owners and operators 
of an UST system as defined in Sec. 280.12 except as otherwise provided 
in paragraphs (b) and (c) of this section.
    (1) Previously deferred UST systems. Airport hydrant fuel 
distribution systems, UST systems with field-constructed tanks, and UST 
systems that store fuel solely for use by emergency power generators 
must meet the requirements of this part as follows:
    (i) Airport hydrant fuel distribution systems and UST systems with 
field-constructed tanks must meet the requirements in subpart K of this 
part.
    (ii) UST systems that store fuel solely for use by emergency power 
generators installed on or before October 13, 2015 must meet the subpart 
D requirements on or before October 13, 2018.
    (iii) UST systems that store fuel solely for use by emergency power 
generators installed after October 13, 2015 must meet all applicable 
requirements of this part at installation.
    (2) Any UST system listed in paragraph (c) of this section must meet 
the requirements of Sec. 280.11.
    (b) Exclusions. The following UST systems are excluded from the 
requirements of this part:
    (1) Any UST system holding hazardous wastes listed or identified 
under Subtitle C of the Solid Waste Disposal Act, or a mixture of such 
hazardous waste and other regulated substances.
    (2) Any wastewater treatment tank system that is part of a 
wastewater treatment facility regulated under Section 402 or 307(b) of 
the Clean Water Act.
    (3) Equipment or machinery that contains regulated substances for 
operational purposes such as hydraulic lift tanks and electrical 
equipment tanks.
    (4) Any UST system whose capacity is 110 gallons or less.
    (5) Any UST system that contains a de minimis concentration of 
regulated substances.
    (6) Any emergency spill or overflow containment UST system that is 
expeditiously emptied after use.
    (c) Partial Exclusions. Subparts B, C, D, E, G, J, and K of this 
part do not apply to:
    (1) Wastewater treatment tank systems not covered under paragraph 
(b)(2) of this section;
    (2) Aboveground storage tanks associated with:
    (i) Airport hydrant fuel distribution systems regulated under 
subpart K of this part; and

[[Page 523]]

    (ii) UST systems with field-constructed tanks regulated under 
subpart K of this part;
    (3) Any UST systems containing radioactive material that are 
regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and 
following); and
    (4) Any UST system that is part of an emergency generator system at 
nuclear power generation facilities licensed by the Nuclear Regulatory 
Commission and subject to Nuclear Regulatory Commission requirements 
regarding design and quality criteria, including but not limited to 10 
CFR part 50.



Sec. 280.11  Installation requirements for partially excluded UST systems.

    (a) Owners and operators must install an UST system listed in Sec. 
280.10(c)(1), (3), or (4) storing regulated substances (whether of 
single or double wall construction) that meets the following 
requirements:
    (1) Will prevent releases due to corrosion or structural failure for 
the operational life of the UST system;
    (2) Is cathodically protected against corrosion, constructed of non-
corrodible material, steel clad with a non-corrodible material, or 
designed in a manner to prevent the release or threatened release of any 
stored substance; and
    (3) Is constructed or lined with material that is compatible with 
the stored substance.
    (b) Notwithstanding paragraph (a) of this section, an UST system 
without corrosion protection may be installed at a site that is 
determined by a corrosion expert not to be corrosive enough to cause it 
to have a release due to corrosion during its operating life. Owners and 
operators must maintain records that demonstrate compliance with the 
requirements of this paragraph for the remaining life of the tank.

    Note to paragraphs (a) and (b). The following codes of practice may 
be used as guidance for complying with this section:
    (A) NACE International Standard Practice SP 0285, ``External 
Corrosion Control of Underground Storage Tank Systems by Cathodic 
Protection'';
    (B) NACE International Standard Practice SP 0169, ``Control of 
External Corrosion on Underground or Submerged Metallic Piping 
Systems'';
    (C) American Petroleum Institute Recommended Practice 1632, 
``Cathodic Protection of Underground Petroleum Storage Tanks and Piping 
Systems''; or
    (D) Steel Tank Institute Recommended Practice R892, ``Recommended 
Practice for Corrosion Protection of Underground Piping Networks 
Associated with Liquid Storage and Dispensing Systems''.



Sec. 280.12  Definitions.

    Aboveground release means any release to the surface of the land or 
to surface water. This includes, but is not limited to, releases from 
the aboveground portion of an UST system and aboveground releases 
associated with overfills and transfer operations as the regulated 
substance moves to or from an UST system.
    Ancillary equipment means any devices including, but not limited to, 
such devices as piping, fittings, flanges, valves, and pumps used to 
distribute, meter, or control the flow of regulated substances to and 
from an UST.
    Belowground release means any release to the subsurface of the land 
and to groundwater. This includes, but is not limited to, releases from 
the belowground portions of an underground storage tank system and 
belowground releases associated with overfills and transfer operations 
as the regulated substance moves to or from an underground storage tank.
    Beneath the surface of the ground means beneath the ground surface 
or otherwise covered with earthen materials.
    Cathodic protection is a technique to prevent corrosion of a metal 
surface by making that surface the cathode of an electrochemical cell. 
For example, a tank system can be cathodically protected through the 
application of either galvanic anodes or impressed current.
    Cathodic protection tester means a person who can demonstrate an 
understanding of the principles and measurements of all common types of 
cathodic protection systems as applied to buried or submerged metal 
piping and tank systems. At a minimum, such persons must have education 
and experience in soil resistivity, stray current, structure-to-soil 
potential, and component electrical isolation measurements of buried 
metal piping and tank systems.

[[Page 524]]

    CERCLA means the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended.
    Class A operator means the individual who has primary responsibility 
to operate and maintain the UST system in accordance with applicable 
requirements established by the implementing agency. The Class A 
operator typically manages resources and personnel, such as establishing 
work assignments, to achieve and maintain compliance with regulatory 
requirements.
    Class B operator means the individual who has day-to-day 
responsibility for implementing applicable regulatory requirements 
established by the implementing agency. The Class B operator typically 
implements in-field aspects of operation, maintenance, and associated 
recordkeeping for the UST system.
    Class C operator means the individual responsible for initially 
addressing emergencies presented by a spill or release from an UST 
system. The Class C operator typically controls or monitors the 
dispensing or sale of regulated substances.
    Compatible means the ability of two or more substances to maintain 
their respective physical and chemical properties upon contact with one 
another for the design life of the tank system under conditions likely 
to be encountered in the UST.
    Connected piping means all underground piping including valves, 
elbows, joints, flanges, and flexible connectors attached to a tank 
system through which regulated substances flow. For the purpose of 
determining how much piping is connected to any individual UST system, 
the piping that joins two UST systems should be allocated equally 
between them.
    Consumptive use with respect to heating oil means consumed on the 
premises.
    Containment Sump means a liquid-tight container that protects the 
environment by containing leaks and spills of regulated substances from 
piping, dispensers, pumps and related components in the containment 
area. Containment sumps may be single walled or secondarily contained 
and located at the top of tank (tank top or submersible turbine pump 
sump), underneath the dispenser (under-dispenser containment sump), or 
at other points in the piping run (transition or intermediate sump).
    Corrosion expert means a person who, by reason of thorough knowledge 
of the physical sciences and the principles of engineering and 
mathematics acquired by a professional education and related practical 
experience, is qualified to engage in the practice of corrosion control 
on buried or submerged metal piping systems and metal tanks. Such a 
person must be accredited or certified as being qualified by the 
National Association of Corrosion Engineers or be a registered 
professional engineer who has certification or licensing that includes 
education and experience in corrosion control of buried or submerged 
metal piping systems and metal tanks.
    Dielectric material means a material that does not conduct direct 
electrical current. Dielectric coatings are used to electrically isolate 
UST systems from the surrounding soils. Dielectric bushings are used to 
electrically isolate portions of the UST system (e.g., tank from 
piping).
    Dispenser means equipment located aboveground that dispenses 
regulated substances from the UST system.
    Dispenser system means the dispenser and the equipment necessary to 
connect the dispenser to the underground storage tank system.
    Electrical equipment means underground equipment that contains 
dielectric fluid that is necessary for the operation of equipment such 
as transformers and buried electrical cable.
    Excavation zone means the volume containing the tank system and 
backfill material bounded by the ground surface, walls, and floor of the 
pit and trenches into which the UST system is placed at the time of 
installation.
    Existing tank system means a tank system used to contain an 
accumulation of regulated substances or for which installation has 
commenced on or before December 22, 1988. Installation is considered to 
have commenced if:
    (1) The owner or operator has obtained all federal, state, and local 
approvals or permits necessary to begin

[[Page 525]]

physical construction of the site or installation of the tank system; 
and if,
    (2)(i) Either a continuous on-site physical construction or 
installation 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 at the site or installation of the tank 
system to be completed within a reasonable time.
    Farm tank is a tank located on a tract of land devoted to the 
production of crops or raising animals, including fish, and associated 
residences and improvements. A farm tank must be located on the farm 
property. Farm includes fish hatcheries, rangeland and nurseries with 
growing operations.
    Flow-through process tank is a tank that forms an integral part of a 
production process through which there is a steady, variable, recurring, 
or intermittent flow of materials during the operation of the process. 
Flow-through process tanks do not include tanks used for the storage of 
materials prior to their introduction into the production process or for 
the storage of finished products or by-products from the production 
process.
    Free product refers to a regulated substance that is present as a 
nonaqueous phase liquid (e.g., liquid not dissolved in water).
    Gathering lines means any pipeline, equipment, facility, or building 
used in the transportation of oil or gas during oil or gas production or 
gathering operations.
    Hazardous substance UST system means an underground storage tank 
system that contains a hazardous substance defined in section 101(14) of 
the Comprehensive Environmental Response, Compensation and Liability Act 
of 1980 (but not including any substance regulated as a hazardous waste 
under subtitle C) or any mixture of such substances and petroleum, and 
which is not a petroleum UST system.
    Heating oil means petroleum that is No. 1, No. 2, No. 4--light, No. 
4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of fuel 
oil; other residual fuel oils (including Navy Special Fuel Oil and 
Bunker C); and other fuels when used as substitutes for one of these 
fuel oils. Heating oil is typically used in the operation of heating 
equipment, boilers, or furnaces.
    Hydraulic lift tank means a tank holding hydraulic fluid for a 
closed-loop mechanical system that uses compressed air or hydraulic 
fluid to operate lifts, elevators, and other similar devices.
    Implementing agency means EPA, or, in the case of a state with a 
program approved under section 9004 (or pursuant to a memorandum of 
agreement with EPA), the designated state or local agency responsible 
for carrying out an approved UST program.
    Liquid trap means sumps, well cellars, and other traps used in 
association with oil and gas production, gathering, and extraction 
operations (including gas production plants), for the purpose of 
collecting oil, water, and other liquids. These liquid traps may 
temporarily collect liquids for subsequent disposition or reinjection 
into a production or pipeline stream, or may collect and separate 
liquids from a gas stream.
    Maintenance means the normal operational upkeep to prevent an 
underground storage tank system from releasing product.
    Motor fuel means a complex blend of hydrocarbons typically used in 
the operation of a motor engine, such as motor gasoline, aviation 
gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or 
more of these substances (for example: motor gasoline blended with 
alcohol).
    New tank system means a tank system that will be used to contain an 
accumulation of regulated substances and for which installation has 
commenced after December 22, 1988. (See also Existing Tank System.)
    Noncommercial purposes with respect to motor fuel means not for 
resale.
    On the premises where stored with respect to heating oil means UST 
systems located on the same property where the stored heating oil is 
used.
    Operational life refers to the period beginning when installation of 
the tank system has commenced until the time the tank system is properly 
closed under subpart G.

[[Page 526]]

    Operator means any person in control of, or having responsibility 
for, the daily operation of the UST system.
    Overfill release is a release that occurs when a tank is filled 
beyond its capacity, resulting in a discharge of the regulated substance 
to the environment.
    Owner means:
    (1) In the case of an UST system in use on November 8, 1984, or 
brought into use after that date, any person who owns an UST system used 
for storage, use, or dispensing of regulated substances; and
    (2) In the case of any UST system in use before November 8, 1984, 
but no longer in use on that date, any person who owned such UST 
immediately before the discontinuation of its use.
    Person means an individual, trust, firm, joint stock company, 
federal agency, corporation, state, municipality, commission, political 
subdivision of a state, or any interstate body. Person also includes a 
consortium, a joint venture, a commercial entity, and the United States 
Government.
    Petroleum UST system means an underground storage tank system that 
contains petroleum or a mixture of petroleum with de minimis quantities 
of other regulated substances. Such systems include those containing 
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, 
lubricants, petroleum solvents, and used oils.
    Pipe or Piping means a hollow cylinder or tubular conduit that is 
constructed of non-earthen materials.
    Pipeline facilities (including gathering lines) are new and existing 
pipe rights-of-way and any associated equipment, facilities, or 
buildings.
    Regulated substance means:
    (1) Any substance defined in section 101(14) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 1980 
(but not including any substance regulated as a hazardous waste under 
subtitle C); and
    (2) Petroleum, including crude oil or any fraction thereof that is 
liquid at standard conditions of temperature and pressure (60 degrees 
Fahrenheit and 14.7 pounds per square inch absolute). The term regulated 
substance includes but is not limited to petroleum and petroleum-based 
substances comprised of a complex blend of hydrocarbons, such as motor 
fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, 
petroleum solvents, and used oils.
    Release means any spilling, leaking, emitting, discharging, 
escaping, leaching or disposing from an UST into groundwater, surface 
water or subsurface soils.
    Release detection means determining whether a release of a regulated 
substance has occurred from the UST system into the environment or a 
leak has occurred into the interstitial space between the UST system and 
its secondary barrier or secondary containment around it.
    Repair means to restore to proper operating condition a tank, pipe, 
spill prevention equipment, overfill prevention equipment, corrosion 
protection equipment, release detection equipment or other UST system 
component that has caused a release of product from the UST system or 
has failed to function properly.
    Replaced means:
    (1) For a tank--to remove a tank and install another tank.
    (2) For piping--to remove 50 percent or more of piping and install 
other piping, excluding connectors, connected to a single tank. For 
tanks with multiple piping runs, this definition applies independently 
to each piping run.
    Residential tank is a tank located on property used primarily for 
dwelling purposes.
    SARA means the Superfund Amendments and Reauthorization Act of 1986.
    Secondary containment or Secondarily contained means a release 
prevention and release detection system for a tank or piping. This 
system has an inner and outer barrier with an interstitial space that is 
monitored for leaks. This term includes containment sumps when used for 
interstitial monitoring of piping.
    Septic tank is a water-tight covered receptacle designed to receive 
or process, through liquid separation or biological digestion, the 
sewage discharged from a building sewer. The effluent from such 
receptacle is distributed for disposal through the soil and settled 
solids and scum from the tank are pumped out periodically and hauled to 
a treatment facility.

[[Page 527]]

    Storm water or wastewater collection system means piping, pumps, 
conduits, and any other equipment necessary to collect and transport the 
flow of surface water run-off resulting from precipitation, or domestic, 
commercial, or industrial wastewater to and from retention areas or any 
areas where treatment is designated to occur. The collection of storm 
water and wastewater does not include treatment except where incidental 
to conveyance.
    Surface impoundment is a natural topographic depression, man-made 
excavation, or diked area formed primarily of earthen materials 
(although it may be lined with man-made materials) that is not an 
injection well.
    Tank is a stationary device designed to contain an accumulation of 
regulated substances and constructed of non-earthen materials (e.g., 
concrete, steel, plastic) that provide structural support.
    Training program means any program that provides information to and 
evaluates the knowledge of a Class A, Class B, or Class C operator 
through testing, practical demonstration, or another approach acceptable 
to the implementing agency regarding requirements for UST systems that 
meet the requirements of subpart J of this part.
    Under-dispenser containment or UDC means containment underneath a 
dispenser system designed to prevent leaks from the dispenser and piping 
within or above the UDC from reaching soil or groundwater.
    Underground area means an underground room, such as a basement, 
cellar, shaft or vault, providing enough space for physical inspection 
of the exterior of the tank situated on or above the surface of the 
floor.
    Underground release means any belowground release.
    Underground storage tank or UST means any one or combination of 
tanks (including underground pipes connected thereto) that is used to 
contain an accumulation of regulated substances, and the volume of which 
(including the volume of underground pipes connected thereto) is 10 
percent or more beneath the surface of the ground. This term does not 
include any:
    (1) Farm or residential tank of 1,100 gallons or less capacity used 
for storing motor fuel for noncommercial purposes;
    (2) Tank used for storing heating oil for consumptive use on the 
premises where stored;
    (3) Septic tank;
    (4) Pipeline facility (including gathering lines):
    (i) Which is regulated under 49 U.S.C. chapter 601; or
    (ii) Which is an intrastate pipeline facility regulated under state 
laws as provided in 49 U.S.C. chapter 601, and which is determined by 
the Secretary of Transportation to be connected to a pipeline, or to be 
operated or intended to be capable of operating at pipeline pressure or 
as an integral part of a pipeline;
    (5) Surface impoundment, pit, pond, or lagoon;
    (6) Storm water or wastewater collection system;
    (7) Flow-through process tank;
    (8) Liquid trap or associated gathering lines directly related to 
oil or gas production and gathering operations; or
    (9) Storage tank situated in an underground area (such as a 
basement, cellar, mineworking, drift, shaft, or tunnel) if the storage 
tank is situated upon or above the surface of the floor.
    Note to the definition of Underground storage tank or UST. The term 
underground storage tank or UST does not include any pipes connected to 
any tank which is described in paragraphs (1) through (9) of this 
definition.
    Upgrade means the addition or retrofit of some systems such as 
cathodic protection, lining, or spill and overfill controls to improve 
the ability of an underground storage tank system to prevent the release 
of product.
    UST system or Tank system means an underground storage tank, 
connected underground piping, underground ancillary equipment, and 
containment system, if any.
    Wastewater treatment tank means a tank that is designed to receive 
and treat an influent wastewater through physical, chemical, or 
biological methods.

[[Page 528]]



     Subpart B_UST Systems: Design, Construction, Installation and 
                              Notification



Sec. 280.20  Performance standards for new UST systems.

    In order to prevent releases due to structural failure, corrosion, 
or spills and overfills for as long as the UST system is used to store 
regulated substances, all owners and operators of new UST systems must 
meet the following requirements. In addition, except for suction piping 
that meets the requirements of Sec. 280.41(b)(1)(ii)(A) through (E), 
tanks and piping installed or replaced after April 11, 2016 must be 
secondarily contained and use interstitial monitoring in accordance with 
Sec. 280.43(g). Secondary containment must be able to contain regulated 
substances leaked from the primary containment until they are detected 
and removed and prevent the release of regulated substances to the 
environment at any time during the operational life of the UST system. 
For cases where the piping is considered to be replaced, the entire 
piping run must be secondarily contained.
    (a) Tanks. Each tank must be properly designed and constructed, and 
any portion underground that routinely contains product must be 
protected from corrosion, in accordance with a code of practice 
developed by a nationally recognized association or independent testing 
laboratory as specified below:
    (1) The tank is constructed of fiberglass-reinforced plastic; or

    Note to paragraph (a)(1). The following codes of practice may be 
used to comply with paragraph (a)(1) of this section:
    (A) Underwriters Laboratories Standard 1316, ``Glass-Fiber-
Reinforced Plastic Underground Storage Tanks for Petroleum Products, 
Alcohols, and Alcohol-Gasoline Mixtures''; or
    (B) Underwriter's Laboratories of Canada S615, ``Standard for 
Reinforced Plastic Underground Tanks for Flammable and Combustible 
Liquids''.

    (2) The tank is constructed of steel and cathodically protected in 
the following manner:
    (i) The tank is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or according to guidelines established by 
the implementing agency; or

    Note to paragraph (a)(2). The following codes of practice may be 
used to comply with paragraph (a)(2) of this section:
    (A) Steel Tank Institute ``Specification STI-P3[supreg] 
Specification and Manual for External Corrosion Protection of 
Underground Steel Storage Tanks'';
    (B) Underwriters Laboratories Standard 1746, ``External Corrosion 
Protection Systems for Steel Underground Storage Tanks'';
    (C) Underwriters Laboratories of Canada S603, ``Standard for Steel 
Underground Tanks for Flammable and Combustible Liquids,'' and S603.1, 
``Standard for External Corrosion Protection Systems for Steel 
Underground Tanks for Flammable and Combustible Liquids,'' and S631, 
``Standard for Isolating Bushings for Steel Underground Tanks Protected 
with External Corrosion Protection Systems'';
    (D) Steel Tank Institute Standard F841, ``Standard for Dual Wall 
Underground Steel Storage Tanks''; or
    (E) NACE International Standard Practice SP 0285, ``External 
Corrosion Control of Underground Storage Tank Systems by Cathodic 
Protection,'' and Underwriters Laboratories Standard 58, ``Standard for 
Steel Underground Tanks for Flammable and Combustible Liquids''.

    (3) The tank is constructed of steel and clad or jacketed with a 
non-corrodible material; or

    Note to paragraph (a)(3). The following codes of practice may be 
used to comply with paragraph (a)(3) of this section:
    (A) Underwriters Laboratories Standard 1746, ``External Corrosion 
Protection Systems for Steel Underground Storage Tanks'';
    (B) Steel Tank Institute ACT-100[supreg] Specification F894, 
``Specification for External Corrosion Protection of FRP Composite Steel 
Underground Storage Tanks'';
    (C) Steel Tank Institute ACT-100-U[supreg] Specification F961, 
``Specification for External Corrosion Protection of Composite Steel 
Underground Storage Tanks''; or
    (D) Steel Tank Institute Specification F922, ``Steel Tank Institute 
Specification for Permatank[supreg]''.


[[Page 529]]


    (4) The tank is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The tank is installed at a site that is determined by a 
corrosion expert not to be corrosive enough to cause it to have a 
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraph (a)(4)(i) of this section 
for the remaining life of the tank; or
    (5) The tank construction and corrosion protection are determined by 
the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than paragraphs 
(a)(1) through (4) of this section.
    (b) Piping. The piping that routinely contains regulated substances 
and is in contact with the ground must be properly designed, 
constructed, and protected from corrosion in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory as specified below.
    (1) The piping is constructed of a non-corrodible material; or

    Note to paragraph (b)(1). The following codes of practice may be 
used to comply with paragraph (b)(1) of this section:
    (A) Underwriters Laboratories Standard 971, ``Nonmetallic 
Underground Piping for Flammable Liquids''; or
    (B) Underwriters Laboratories of Canada Standard S660, ``Standard 
for Nonmetallic Underground Piping for Flammable and Combustible 
Liquids''.

    (2) The piping is constructed of steel and cathodically protected in 
the following manner:
    (i) The piping is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a 
corrosion expert;
    (iii) Impressed current systems are designed to allow determination 
of current operating status as required in Sec. 280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in 
accordance with Sec. 280.31 or guidelines established by the 
implementing agency; or

    Note to paragraph (b)(2). The following codes of practice may be 
used to comply with paragraph (b)(2) of this section:
    (A) American Petroleum Institute Recommended Practice 1632, 
``Cathodic Protection of Underground Petroleum Storage Tanks and Piping 
Systems'';
    (B) Underwriters Laboratories Subject 971A, ``Outline of 
Investigation for Metallic Underground Fuel Pipe'';
    (C) Steel Tank Institute Recommended Practice R892, ``Recommended 
Practice for Corrosion Protection of Underground Piping Networks 
Associated with Liquid Storage and Dispensing Systems'';
    (D) NACE International Standard Practice SP 0169, ``Control of 
External Corrosion on Underground or Submerged Metallic Piping 
Systems''; or
    (E) NACE International Standard Practice SP 0285, ``External 
Corrosion Control of Underground Storage Tank Systems by Cathodic 
Protection''.

    (3) The piping is constructed of metal without additional corrosion 
protection measures provided that:
    (i) The piping is installed at a site that is determined by a 
corrosion expert to not be corrosive enough to cause it to have a 
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate 
compliance with the requirements of paragraph (b)(3)(i) of this section 
for the remaining life of the piping; or
    (4) The piping construction and corrosion protection are determined 
by the implementing agency to be designed to prevent the release or 
threatened release of any stored regulated substance in a manner that is 
no less protective of human health and the environment than the 
requirements in paragraphs (b)(1) through (3) of this section.
    (c) Spill and overfill prevention equipment. (1) Except as provided 
in paragraphs (c)(2) and (3) of this section, to prevent spilling and 
overfilling associated with product transfer to the UST system, owners 
and operators must use the following spill and overfill prevention 
equipment:
    (i) Spill prevention equipment that will prevent release of product 
to the environment when the transfer hose is detached from the fill pipe 
(for example, a spill catchment basin); and
    (ii) Overfill prevention equipment that will:

[[Page 530]]

    (A) Automatically shut off flow into the tank when the tank is no 
more than 95 percent full; or
    (B) Alert the transfer operator when the tank is no more than 90 
percent full by restricting the flow into the tank or triggering a high-
level alarm; or
    (C) Restrict flow 30 minutes prior to overfilling, alert the 
transfer operator with a high level alarm one minute before overfilling, 
or automatically shut off flow into the tank so that none of the 
fittings located on top of the tank are exposed to product due to 
overfilling.
    (2) Owners and operators are not required to use the spill and 
overfill prevention equipment specified in paragraph (c)(1) of this 
section if:
    (i) Alternative equipment is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than the equipment specified in paragraph (c)(1)(i) or (ii) 
of this section; or
    (ii) The UST system is filled by transfers of no more than 25 
gallons at one time.
    (3) Flow restrictors used in vent lines may not be used to comply 
with paragraph (c)(1)(ii) of this section when overfill prevention is 
installed or replaced after October 13, 2015.
    (4) Spill and overfill prevention equipment must be periodically 
tested or inspected in accordance with Sec. 280.35.
    (d) Installation. The UST system must be properly installed in 
accordance with a code of practice developed by a nationally recognized 
association or independent testing laboratory and in accordance with the 
manufacturer's instructions.

    Note to paragraph (d). Tank and piping system installation practices 
and procedures described in the following codes of practice may be used 
to comply with the requirements of paragraph (d) of this section:
    (A) American Petroleum Institute Publication 1615, ``Installation of 
Underground Petroleum Storage System'';
    (B) Petroleum Equipment Institute Publication RP100, ``Recommended 
Practices for Installation of Underground Liquid Storage Systems''; or
    (C) National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code'' and Standard 30A, ``Code for Motor Fuel 
Dispensing Facilities and Repair Garages''.

    (e) Certification of installation. All owners and operators must 
ensure that one or more of the following methods of certification, 
testing, or inspection is used to demonstrate compliance with paragraph 
(d) of this section by providing a certification of compliance on the 
UST notification form in accordance with Sec. 280.22.
    (1) The installer has been certified by the tank and piping 
manufacturers; or
    (2) The installer has been certified or licensed by the implementing 
agency; or
    (3) The installation has been inspected and certified by a 
registered professional engineer with education and experience in UST 
system installation; or
    (4) The installation has been inspected and approved by the 
implementing agency; or
    (5) All work listed in the manufacturer's installation checklists 
has been completed; or
    (6) The owner and operator have complied with another method for 
ensuring compliance with paragraph (d) of this section that is 
determined by the implementing agency to be no less protective of human 
health and the environment.
    (f) Dispenser systems. Each UST system must be equipped with under-
dispenser containment for any new dispenser system installed after April 
11, 2016.
    (1) A dispenser system is considered new when both the dispenser and 
the equipment needed to connect the dispenser to the underground storage 
tank system are installed at an UST facility. The equipment necessary to 
connect the dispenser to the underground storage tank system includes 
check valves, shear valves, unburied risers or flexible connectors, or 
other transitional components that are underneath the dispenser and 
connect the dispenser to the underground piping.
    (2) Under-dispenser containment must be liquid-tight on its sides, 
bottom, and at any penetrations. Under-dispenser containment must allow 
for visual inspection and access to the components in the containment 
system

[[Page 531]]

or be periodically monitored for leaks from the dispenser system.



Sec. 280.21  Upgrading of existing UST systems.

    Owners and operators must permanently close (in accordance with 
subpart G of this part) any UST system that does not meet the new UST 
system performance standards in Sec. 280.20 or has not been upgraded in 
accordance with paragraphs (b) through (d) of this section. This does 
not apply to previously deferred UST systems described in subpart K of 
this part and where an upgrade is determined to be appropriate by the 
implementing agency.
    (a) Alternatives allowed. All existing UST systems must comply with 
one of the following requirements:
    (1) New UST system performance standards under Sec. 280.20;
    (2) The upgrading requirements in paragraphs (b) through (d) of this 
section; or
    (3) Closure requirements under subpart G of this part, including 
applicable requirements for corrective action under subpart F of this 
part.
    (b) Tank upgrading requirements. Steel tanks must be upgraded to 
meet one of the following requirements in accordance with a code of 
practice developed by a nationally recognized association or independent 
testing laboratory:
    (1) Interior lining. Tanks upgraded by internal lining must meet the 
following:
    (i) The lining was installed in accordance with the requirements of 
Sec. 280.33; and
    (ii) Within 10 years after lining, and every 5 years thereafter, the 
lined tank is internally inspected and found to be structurally sound 
with the lining still performing in accordance with original design 
specifications. If the internal lining is no longer performing in 
accordance with original design specifications and cannot be repaired in 
accordance with a code of practice developed by a nationally recognized 
association or independent testing laboratory, then the lined tank must 
be permanently closed in accordance with subpart G of this part.
    (2) Cathodic protection. Tanks upgraded by cathodic protection must 
meet the requirements of Sec. 280.20(a)(2)(ii), (iii), and (iv) and the 
integrity of the tank must have been ensured using one of the following 
methods:
    (i) The tank was internally inspected and assessed to ensure that 
the tank was structurally sound and free of corrosion holes prior to 
installing the cathodic protection system; or
    (ii) The tank had been installed for less than 10 years and is 
monitored monthly for releases in accordance with Sec. 280.43(d) 
through (i); or
    (iii) The tank had been installed for less than 10 years and was 
assessed for corrosion holes by conducting two tightness tests that meet 
the requirements of Sec. 280.43(c). The first tightness test must have 
been conducted prior to installing the cathodic protection system. The 
second tightness test must have been conducted between three and six 
months following the first operation of the cathodic protection system; 
or
    (iv) The tank was assessed for corrosion holes by a method that is 
determined by the implementing agency to prevent releases in a manner 
that is no less protective of human health and the environment than 
paragraphs (b)(2)(i) through (iii) of this section.
    (3) Internal lining combined with cathodic protection. Tanks 
upgraded by both internal lining and cathodic protection must meet the 
following:
    (i) The lining was installed in accordance with the requirements of 
Sec. 280.33; and
    (ii) The cathodic protection system meets the requirements of Sec. 
280.20(a)(2)(ii), (iii), and (iv).

    Note to paragraph (b). The following historical codes of practice 
were listed as options for complying with paragraph (b) of this section:
    (A) American Petroleum Institute Publication 1631, ``Recommended 
Practice for the Interior Lining of Existing Steel Underground Storage 
Tanks'';
    (B) National Leak Prevention Association Standard 631, ``Spill 
Prevention, Minimum 10 Year Life Extension of Existing Steel Underground 
Tanks by Lining Without the Addition of Cathodic Protection'';
    (C) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially Buried, or 
Submerged Liquid Storage Systems''; and

[[Page 532]]

    (D) American Petroleum Institute Recommended Practice 1632, 
``Cathodic Protection of Underground Petroleum Storage Tanks and Piping 
Systems''.
    Note to paragraph (b)(1)(ii). The following codes of practice may be 
used to comply with the periodic lining inspection requirement of this 
section:
    (A) American Petroleum Institute Recommended Practice 1631, 
``Interior Lining and Periodic Inspection of Underground Storage 
Tanks'';
    (B) National Leak Prevention Association Standard 631, Chapter B 
``Future Internal Inspection Requirements for Lined Tanks''; or
    (C) Ken Wilcox Associates Recommended Practice, ``Recommended 
Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera''.

    (c) Piping upgrading requirements. Metal piping that routinely 
contains regulated substances and is in contact with the ground must be 
cathodically protected in accordance with a code of practice developed 
by a nationally recognized association or independent testing laboratory 
and must meet the requirements of Sec. 280.20(b)(2)(ii), (iii), and 
(iv).

    Note to paragraph (c). The codes of practice listed in the note 
following Sec. 280.20(b)(2) may be used to comply with this 
requirement.

    (d) Spill and overfill prevention equipment. To prevent spilling and 
overfilling associated with product transfer to the UST system, all 
existing UST systems must comply with UST system spill and overfill 
prevention equipment requirements specified in Sec. 280.20(c).



Sec. 280.22  Notification requirements.

    (a) After May 8, 1986, an owner must submit notice of a tank 
system's existence to the implementing agency within 30 days of bringing 
the underground storage tank system into use. Owners must use the form 
in appendix I of this part or a state form in accordance with paragraph 
(c) of this section.

    Note to paragraph (a). Owners and operators of UST systems that were 
in the ground on or after May 8, 1986, unless taken out of operation on 
or before January 1, 1974, were required to notify the designated state 
or local agency in accordance with the Hazardous and Solid Waste 
Amendments of 1984, Public Law 98-616, on a form published by EPA on 
November 8, 1985 unless notice was given pursuant to section 103(c) of 
CERCLA. Owners and operators who have not complied with the notification 
requirements may use portions I through X of the notification form 
contained in appendix I of this part.

    (b) Within 30 days of acquisition, any person who assumes ownership 
of a regulated underground storage tank system, except as described in 
paragraph (a) of this section, must submit a notice of the ownership 
change to the implementing agency, using the form in appendix II of this 
part or a state form in accordance with paragraph (c) of this section.
    (c) In states where state law, regulations, or procedures require 
owners to use forms that differ from those set forth in appendix I and 
appendix II of this part to fulfill the requirements of this section, 
the state forms may be submitted in lieu of the forms set forth in 
appendix I and appendix II. If a state requires that its form be used in 
lieu of the form presented in appendix I and appendix II, such form 
must, at a minimum, collect the information prescribed in appendix I and 
appendix II.
    (d) Owners required to submit notices under paragraph (a) or (b) of 
this section must provide notices to the appropriate implementing agency 
for each tank they own. Owners may provide notice for several tanks 
using one notification form, but owners who own tanks located at more 
than one place of operation must file a separate notification form for 
each separate place of operation.
    (e) All owners and operators of new UST systems must certify in the 
notification form compliance with the following requirements:
    (1) Installation of tanks and piping under Sec. 280.20(e);
    (2) Cathodic protection of steel tanks and piping under Sec. 
280.20(a) and (b);
    (3) Financial responsibility under subpart H of this part; and
    (4) Release detection under Sec. Sec. 280.41 and 280.42.
    (f) All owners and operators of new UST systems must ensure that the 
installer certifies in the notification form that the methods used to 
install the tanks and piping complies with the requirements in Sec. 
280.20(d).
    (g) Beginning October 24, 1988, any person who sells a tank intended 
to be used as an underground storage tank must notify the purchaser of 
such tank

[[Page 533]]

of the owner's notification obligations under paragraph (a) of this 
section. The statement provided in appendix III of this part, when used 
on shipping tickets and invoices, may be used to comply with this 
requirement.



                Subpart C_General Operating Requirements



Sec. 280.30  Spill and overfill control.

    (a) Owners and operators must ensure that releases due to spilling 
or overfilling do not occur. The owner and operator must ensure that the 
volume available in the tank is greater than the volume of product to be 
transferred to the tank before the transfer is made and that the 
transfer operation is monitored constantly to prevent overfilling and 
spilling.

    Note to paragraph (a). The transfer procedures described in National 
Fire Protection Association Standard 385, ``Standard for Tank Vehicles 
for Flammable and Combustible Liquids'' or American Petroleum Institute 
Recommended Practice 1007, ``Loading and Unloading of MC 306/DOT 406 
Cargo Tank Motor Vehicles'' may be used to comply with paragraph (a) of 
this section. Further guidance on spill and overfill prevention appears 
in American Petroleum Institute Recommended Practice 1621, ``Bulk Liquid 
Stock Control at Retail Outlets''.

    (b) The owner and operator must report, investigate, and clean up 
any spills and overfills in accordance with Sec. 280.53.



Sec. 280.31  Operation and maintenance of corrosion protection.

    All owners and operators of metal UST systems with corrosion 
protection must comply with the following requirements to ensure that 
releases due to corrosion are prevented until the UST system is 
permanently closed or undergoes a change-in-service pursuant to Sec. 
280.71:
    (a) All corrosion protection systems must be operated and maintained 
to continuously provide corrosion protection to the metal components of 
that portion of the tank and piping that routinely contain regulated 
substances and are in contact with the ground.
    (b) All UST systems equipped with cathodic protection systems must 
be inspected for proper operation by a qualified cathodic protection 
tester in accordance with the following requirements:
    (1) Frequency. All cathodic protection systems must be tested within 
6 months of installation and at least every 3 years thereafter or 
according to another reasonable time frame established by the 
implementing agency; and
    (2) Inspection criteria. The criteria that are used to determine 
that cathodic protection is adequate as required by this section must be 
in accordance with a code of practice developed by a nationally 
recognized association.

    Note to paragraph (b). The following codes of practice may be used 
to comply with paragraph (b) of this section:
    (A) NACE International Test Method TM 0101, ``Measurement Techniques 
Related to Criteria for Cathodic Protection of Underground Storage Tank 
Systems'';
    (B) NACE International Test Method TM0497, ``Measurement Techniques 
Related to Criteria for Cathodic Protection on Underground or Submerged 
Metallic Piping Systems'';
    (C) Steel Tank Institute Recommended Practice R051, ``Cathodic 
Protection Testing Procedures for STI-P3[supreg] USTs'';
    (D) NACE International Standard Practice SP 0285, ``External Control 
of Underground Storage Tank Systems by Cathodic Protection''; or
    (E) NACE International Standard Practice SP 0169, ``Control of 
External Corrosion on Underground or Submerged Metallic Piping 
Systems''.

    (c) UST systems with impressed current cathodic protection systems 
must also be inspected every 60 days to ensure the equipment is running 
properly.
    (d) For UST systems using cathodic protection, records of the 
operation of the cathodic protection must be maintained (in accordance 
with Sec. 280.34) to demonstrate compliance with the performance 
standards in this section. These records must provide the following:
    (1) The results of the last three inspections required in paragraph 
(c) of this section; and
    (2) The results of testing from the last two inspections required in 
paragraph (b) of this section.

[[Page 534]]



Sec. 280.32  Compatibility.

    (a) Owners and operators must use an UST system made of or lined 
with materials that are compatible with the substance stored in the UST 
system.
    (b) Owners and operators must notify the implementing agency at 
least 30 days prior to switching to a regulated substance containing 
greater than 10 percent ethanol, greater than 20 percent biodiesel, or 
any other regulated substance identified by the implementing agency. In 
addition, owners and operators with UST systems storing these regulated 
substances must meet one of the following:
    (1) Demonstrate compatibility of the UST system (including the tank, 
piping, containment sumps, pumping equipment, release detection 
equipment, spill equipment, and overfill equipment). Owners and 
operators may demonstrate compatibility of the UST system by using one 
of the following options:
    (i) Certification or listing of UST system equipment or components 
by a nationally recognized, independent testing laboratory for use with 
the regulated substance stored; or
    (ii) Equipment or component manufacturer approval. The 
manufacturer's approval must be in writing, indicate an affirmative 
statement of compatibility, specify the range of biofuel blends the 
equipment or component is compatible with, and be from the equipment or 
component manufacturer; or
    (2) Use another option determined by the implementing agency to be 
no less protective of human health and the environment than the options 
listed in paragraph (b)(1) of this section. (c) Owners and operators 
must maintain records in accordance with Sec. 280.34(b) documenting 
compliance with paragraph (b) of this section for as long as the UST 
system is used to store the regulated substance.

    Note to Sec. 280.32. The following code of practice may be useful 
in complying with this section: American Petroleum Institute Recommended 
Practice 1626, ``Storing and Handling Ethanol and Gasoline-Ethanol 
Blends at Distribution Terminals and Filling Stations.''



Sec. 280.33  Repairs allowed.

    Owners and operators of UST systems must ensure that repairs will 
prevent releases due to structural failure or corrosion as long as the 
UST system is used to store regulated substances. The repairs must meet 
the following requirements:
    (a) Repairs to UST systems must be properly conducted in accordance 
with a code of practice developed by a nationally recognized association 
or an independent testing laboratory.

    Note to paragraph (a). The following codes of practice may be used 
to comply with paragraph (a) of this section:
    (A) National Fire Protection Association Standard 30, ``Flammable 
and Combustible Liquids Code'';
    (B) American Petroleum Institute Recommended Practice RP 2200, 
``Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines'';
    (C) American Petroleum Institute Recommended Practice RP 1631, 
``Interior Lining and Periodic Inspection of Underground Storage 
Tanks'';
    (D) National Fire Protection Association Standard 326, ``Standard 
for the Safeguarding of Tanks and Containers for Entry, Cleaning, or 
Repair'';
    (E) National Leak Prevention Association Standard 631, Chapter A, 
``Entry, Cleaning, Interior Inspection, Repair, and Lining of 
Underground Storage Tanks'';
    (F) Steel Tank Institute Recommended Practice R972, ``Recommended 
Practice for the Addition of Supplemental Anodes to STI-P3[supreg] 
Tanks'';
    (G) NACE International Standard Practice SP 0285, ``External Control 
of Underground Storage Tank Systems by Cathodic Protection''; or
    (H) Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, 
``Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground 
Storage Tanks''.

    (b) Repairs to fiberglass-reinforced plastic tanks may be made by 
the manufacturer's authorized representatives or in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory.
    (c) Metal pipe sections and fittings that have released product as a 
result of corrosion or other damage must be replaced. Non-corrodible 
pipes and fittings may be repaired in accordance with the manufacturer's 
specifications.

[[Page 535]]

    (d) Repairs to secondary containment areas of tanks and piping used 
for interstitial monitoring and to containment sumps used for 
interstitial monitoring of piping must have the secondary containment 
tested for tightness according to the manufacturer's instructions, a 
code of practice developed by a nationally recognized association or 
independent testing laboratory, or according to requirements established 
by the implementing agency within 30 days following the date of 
completion of the repair. All other repairs to tanks and piping must be 
tightness tested in accordance with Sec. 280.43(c) and Sec. 280.44(b) 
within 30 days following the date of the completion of the repair except 
as provided in paragraphs (d)(1) through (3) of this section:
    (1) The repaired tank is internally inspected in accordance with a 
code of practice developed by a nationally recognized association or an 
independent testing laboratory; or
    (2) The repaired portion of the UST system is monitored monthly for 
releases in accordance with a method specified in Sec. 280.43(d) 
through (i); or
    (3) Another test method is used that is determined by the 
implementing agency to be no less protective of human health and the 
environment than those listed in paragraphs (d)(1) and (2) of this 
section.

    Note to paragraph (d). The following codes of practice may be used 
to comply with paragraph (d) of this section:
    (A) Steel Tank Institute Recommended Practice R012, ``Recommended 
Practice for Interstitial Tightness Testing of Existing Underground 
Double Wall Steel Tanks''; or
    (B) Fiberglass Tank and Pipe Institute Protocol, ``Field Test 
Protocol for Testing the Annular Space of Installed Underground 
Fiberglass Double and Triple-Wall Tanks with Dry Annular Space''.
    (C) Petroleum Equipment Institute Recommended Practice RP1200, 
``Recommended Practices for the Testing and Verification of Spill, 
Overfill, Leak Detection and Secondary Containment Equipment at UST 
Facilities''.

    (e) Within 6 months following the repair of any cathodically 
protected UST system, the cathodic protection system must be tested in 
accordance with Sec. 280.31(b) and (c) to ensure that it is operating 
properly.
    (f) Within 30 days following any repair to spill or overfill 
prevention equipment, the repaired spill or overfill prevention 
equipment must be tested or inspected, as appropriate, in accordance 
with Sec. 280.35 to ensure it is operating properly.
    (g) UST system owners and operators must maintain records (in 
accordance with Sec. 280.34) of each repair until the UST system is 
permanently closed or undergoes a change-in-service pursuant to Sec. 
280.71.



Sec. 280.34  Reporting and recordkeeping.

    Owners and operators of UST systems must cooperate fully with 
inspections, monitoring and testing conducted by the implementing 
agency, as well as requests for document submission, testing, and 
monitoring by the owner or operator pursuant to section 9005 of Subtitle 
I of the Solid Waste Disposal Act, as amended.
    (a) Reporting. Owners and operators must submit the following 
information to the implementing agency:
    (1) Notification for all UST systems (Sec. 280.22), which includes 
certification of installation for new UST systems (Sec. 280.20(e)) and 
notification when any person assumes ownership of an UST system (Sec. 
280.22(b));
    (2) Notification prior to UST systems switching to certain regulated 
substances (Sec. 280.32(b));
    (3) Reports of all releases including suspected releases (Sec. 
280.50), spills and overfills (Sec. 280.53), and confirmed releases 
(Sec. 280.61);
    (4) Corrective actions planned or taken including initial abatement 
measures (Sec. 280.62), initial site characterization (Sec. 280.63), 
free product removal (Sec. 280.64), investigation of soil and 
groundwater cleanup (Sec. 280.65), and corrective action plan (Sec. 
280.66); and
    (5) A notification before permanent closure or change-in-service 
(Sec. 280.71).
    (b) Recordkeeping. Owners and operators must maintain the following 
information:
    (1) A corrosion expert's analysis of site corrosion potential if 
corrosion protection equipment is not used (Sec. 280.20(a)(4); Sec. 
280.20(b)(3)).
    (2) Documentation of operation of corrosion protection equipment 
(Sec. 280.31(d));

[[Page 536]]

    (3) Documentation of compatibility for UST systems (Sec. 
280.32(c));
    (4) Documentation of UST system repairs (Sec. 280.33(g));
    (5) Documentation of compliance for spill and overfill prevention 
equipment and containment sumps used for interstitial monitoring of 
piping (Sec. 280.35(c));
    (6) Documentation of periodic walkthrough inspections (Sec. 
280.36(b));
    (7) Documentation of compliance with release detection requirements 
(Sec. 280.45);
    (8) Results of the site investigation conducted at permanent closure 
(Sec. 280.74); and
    (9) Documentation of operator training (Sec. 280.245).
    (c) Availability and maintenance of records. Owners and operators 
must keep the records required either:
    (1) At the UST site and immediately available for inspection by the 
implementing agency; or
    (2) At a readily available alternative site and be provided for 
inspection to the implementing agency upon request.
    (3) In the case of permanent closure records required under Sec. 
280.74, owners and operators are also provided with the additional 
alternative of mailing closure records to the implementing agency if 
they cannot be kept at the site or an alternative site as indicated in 
paragraphs (c)(1) and (2) of this section.



Sec. 280.35  Periodic testing of spill prevention equipment
and containment sumps used for interstitial monitoring of
piping and periodic inspection of overfill prevention equipment.

    (a) Owners and operators of UST systems with spill and overfill 
prevention equipment and containment sumps used for interstitial 
monitoring of piping must meet these requirements to ensure the 
equipment is operating properly and will prevent releases to the 
environment:
    (1) Spill prevention equipment (such as a catchment basin, spill 
bucket, or other spill containment device) and containment sumps used 
for interstitial monitoring of piping must prevent releases to the 
environment by meeting one of the following:
    (i) The equipment is double walled and the integrity of both walls 
is periodically monitored at a frequency not less than the frequency of 
the walkthrough inspections described in Sec. 280.36. Owners and 
operators must begin meeting paragraph (a)(1)(ii) of this section and 
conduct a test within 30 days of discontinuing periodic monitoring of 
this equipment; or
    (ii) The spill prevention equipment and containment sumps used for 
interstitial monitoring of piping are tested at least once every three 
years to ensure the equipment is liquid tight by using vacuum, pressure, 
or liquid testing in accordance with one of the following criteria:
    (A) Requirements developed by the manufacturer (Note: Owners and 
operators may use this option only if the manufacturer has developed 
requirements);
    (B) Code of practice developed by a nationally recognized 
association or independent testing laboratory; or
    (C) Requirements determined by the implementing agency to be no less 
protective of human health and the environment than the requirements 
listed in paragraphs (a)(1)(ii)(A) and (B) of this section.
    (2) Overfill prevention equipment must be inspected at least once 
every three years. At a minimum, the inspection must ensure that 
overfill prevention equipment is set to activate at the correct level 
specified in Sec. 280.20(c) and will activate when regulated substance 
reaches that level. Inspections must be conducted in accordance with one 
of the criteria in paragraph (a)(1)(ii)(A) through (C) of this section.

    Note to paragraphs (a)(1)(ii) and (a)(2). The following code of 
practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2) of 
this section: Petroleum Equipment Institute Publication RP1200, 
``Recommended Practices for the Testing and Verification of Spill, 
Overfill, Leak Detection and Secondary Containment Equipment at UST 
Facilities''.

    (b) Owners and operators must begin meeting these requirements as 
follows:
    (1) For UST systems in use on or before October 13, 2015, the 
initial spill prevention equipment test, containment sump test and 
overfill prevention equipment inspection must be conducted not later 
than October 13, 2018.

[[Page 537]]

    (2) For UST systems brought into use after October 13, 2015, these 
requirements apply at installation.
    (c) Owners and operators must maintain records as follows (in 
accordance with Sec. 280.34) for spill prevention equipment, 
containment sumps used for interstitial monitoring of piping, and 
overfill prevention equipment:
    (1) All records of testing or inspection must be maintained for 
three years; and
    (2) For spill prevention equipment and containment sumps used for 
interstitial monitoring of piping not tested every three years, 
documentation showing that the prevention equipment is double walled and 
the integrity of both walls is periodically monitored must be maintained 
for as long as the equipment is periodically monitored.



Sec. 280.36  Periodic operation and maintenance walkthrough inspections.

    (a) To properly operate and maintain UST systems, not later than 
October 13, 2018 owners and operators must meet one of the following:
    (1) Conduct a walkthrough inspection that, at a minimum, checks the 
following equipment as specified below:
    (i) Every 30 days (Exception: spill prevention equipment at UST 
systems receiving deliveries at intervals greater than every 30 days may 
be checked prior to each delivery):
    (A) Spill prevention equipment--visually check for damage; remove 
liquid or debris; check for and remove obstructions in the fill pipe; 
check the fill cap to make sure it is securely on the fill pipe; and, 
for double walled spill prevention equipment with interstitial 
monitoring, check for a leak in the interstitial area; and
    (B) Release detection equipment--check to make sure the release 
detection equipment is operating with no alarms or other unusual 
operating conditions present; and ensure records of release detection 
testing are reviewed and current; and
    (ii) Annually:
    (A) Containment sumps--visually check for damage, leaks to the 
containment area, or releases to the environment; remove liquid (in 
contained sumps) or debris; and, for double walled sumps with 
interstitial monitoring, check for a leak in the interstitial area; and
    (B) Hand held release detection equipment--check devices such as 
tank gauge sticks or groundwater bailers for operability and 
serviceability;
    (2) Conduct operation and maintenance walkthrough inspections 
according to a standard code of practice developed by a nationally 
recognized association or independent testing laboratory that checks 
equipment comparable to paragraph (a)(1) of this section; or

    Note to paragraph (a)(2). The following code of practice may be used 
to comply with paragraph (a)(2) of this section: Petroleum Equipment 
Institute Recommended Practice RP 900, ``Recommended Practices for the 
Inspection and Maintenance of UST Systems''.

    (3) Conduct operation and maintenance walkthrough inspections 
developed by the implementing agency that checks equipment comparable to 
paragraph (a)(1) of this section.
    (b) Owners and operators must maintain records (in accordance with 
Sec. 280.34) of operation and maintenance walkthrough inspections for 
one year. Records must include a list of each area checked, whether each 
area checked was acceptable or needed action taken, a description of 
actions taken to correct an issue, and delivery records if spill 
prevention equipment is checked less frequently than every 30 days due 
to infrequent deliveries.



                       Subpart D_Release Detection



Sec. 280.40  General requirements for all UST systems.

    (a) Owners and operators of UST systems must provide a method, or 
combination of methods, of release detection that:
    (1) Can detect a release from any portion of the tank and the 
connected underground piping that routinely contains product;
    (2) Is installed and calibrated in accordance with the 
manufacturer's instructions;
    (3) Beginning on October 13, 2018, is operated and maintained, and 
electronic and mechanical components are

[[Page 538]]

tested for proper operation, in accordance with one of the following: 
manufacturer's instructions; a code of practice developed by a 
nationally recognized association or independent testing laboratory; or 
requirements determined by the implementing agency to be no less 
protective of human health and the environment than the two options 
listed in paragraphs (a)(1) and (2) of this section. A test of the 
proper operation must be performed at least annually and, at a minimum, 
as applicable to the facility, cover the following components and 
criteria:
    (i) Automatic tank gauge and other controllers: test alarm; verify 
system configuration; test battery backup;
    (ii) Probes and sensors: inspect for residual buildup; ensure floats 
move freely; ensure shaft is not damaged; ensure cables are free of 
kinks and breaks; test alarm operability and communication with 
controller;
    (iii) Automatic line leak detector: test operation to meet criteria 
in Sec. 280.44(a) by simulating a leak;
    (iv) Vacuum pumps and pressure gauges: ensure proper communication 
with sensors and controller; and
    (v) Hand-held electronic sampling equipment associated with 
groundwater and vapor monitoring: ensure proper operation.

    Note to paragraph (a)(3). The following code of practice may be used 
to comply with paragraph (a)(3) of this section: Petroleum Equipment 
Institute Publication RP1200, ``Recommended Practices for the Testing 
and Verification of Spill, Overfill, Leak Detection and Secondary 
Containment Equipment at UST Facilities''.

    (4) Meets the performance requirements in Sec. 280.43, Sec. 
280.44, or subpart K of this part, as applicable, with any performance 
claims and their manner of determination described in writing by the 
equipment manufacturer or installer. In addition, the methods listed in 
Sec. 280.43(b), (c), (d), (h), and (i), Sec. 280.44(a) and (b), and 
subpart K of this part, must be capable of detecting the leak rate or 
quantity specified for that method in the corresponding section of the 
rule with a probability of detection of 0.95 and a probability of false 
alarm of 0.05.
    (b) When a release detection method operated in accordance with the 
performance standards in Sec. 280.43, Sec. 280.44, or subpart K of 
this part indicates a release may have occurred, owners and operators 
must notify the implementing agency in accordance with subpart E of this 
part.
    (c) Any UST system that cannot apply a method of release detection 
that complies with the requirements of this subpart must complete the 
closure procedures in subpart G of this part. For previously deferred 
UST systems described in subparts A and K of this part, this requirement 
applies after the effective dates described in Sec. 280.10(a)(1)(ii) 
and (iii) and Sec. 280.251(a).



Sec. 280.41  Requirements for petroleum UST systems.

    Owners and operators of petroleum UST systems must provide release 
detection for tanks and piping as follows:
    (a) Tanks. Tanks must be monitored for releases as follows:
    (1) Tanks installed on or before April 11, 2016 must be monitored 
for releases at least every 30 days using one of the methods listed in 
Sec. 280.43(d) through (i) except that:
    (i) UST systems that meet the performance standards in Sec. 280.20 
or Sec. 280.21, and the monthly inventory control requirements in Sec. 
280.43(a) or (b), may use tank tightness testing (conducted in 
accordance with Sec. 280.43(c)) at least every 5 years until 10 years 
after the tank was installed; and
    (ii) Tanks with capacity of 550 gallons or less and tanks with a 
capacity of 551 to 1,000 gallons that meet the tank diameter criteria in 
Sec. 280.43(b) may use manual tank gauging (conducted in accordance 
with Sec. 280.43(b)).
    (2) Tanks installed after April 11, 2016 must be monitored for 
releases at least every 30 days in accordance with Sec. 280.43(g).
    (b) Piping. Underground piping that routinely contains regulated 
substances must be monitored for releases in a manner that meets one of 
the following requirements:
    (1) Piping installed on or before April 11, 2016 must meet one of 
the following:
    (i) Pressurized piping. Underground piping that conveys regulated 
substances under pressure must:

[[Page 539]]

    (A) Be equipped with an automatic line leak detector conducted in 
accordance with Sec. 280.44(a); and
    (B) Have an annual line tightness test conducted in accordance with 
Sec. 280.44(b) or have monthly monitoring conducted in accordance with 
Sec. 280.44(c).
    (ii) Suction piping. Underground piping that conveys regulated 
substances under suction must either have a line tightness test 
conducted at least every 3 years and in accordance with Sec. 280.44(b), 
or use a monthly monitoring method conducted in accordance with Sec. 
280.44(c). No release detection is required for suction piping that is 
designed and constructed to meet the following standards:
    (A) The below-grade piping operates at less than atmospheric 
pressure;
    (B) The below-grade piping is sloped so that the contents of the 
pipe will drain back into the storage tank if the suction is released;
    (C) Only one check valve is included in each suction line;
    (D) The check valve is located directly below and as close as 
practical to the suction pump; and
    (E) A method is provided that allows compliance with paragraphs 
(b)(1)(ii)(B) through (D) of this section to be readily determined.
    (2) Piping installed or replaced after April 11, 2016 must meet one 
of the following:
    (i) Pressurized piping must be monitored for releases at least every 
30 days in accordance with Sec. 280.43(g) and be equipped with an 
automatic line leak detector in accordance with Sec. 280.44(a)
    (ii) Suction piping must be monitored for releases at least every 30 
days in accordance with Sec. 280.43(g). No release detection is 
required for suction piping that meets paragraphs (b)(1)(ii)(A) through 
(E) of this section.



Sec. 280.42  Requirements for hazardous substance UST systems.

    Owners and operators of hazardous substance UST systems must provide 
containment that meets the following requirements and monitor these 
systems using Sec. 280.43(g) at least every 30 days:
    (a) Secondary containment systems must be designed, constructed, and 
installed to:
    (1) Contain regulated substances leaked from the primary containment 
until they are detected and removed;
    (2) Prevent the release of regulated substances to the environment 
at any time during the operational life of the UST system; and
    (3) Be checked for evidence of a release at least every 30 days.

    Note to paragraph (a). The provisions of 40 CFR 265.193, Containment 
and Detection of Releases, may be used to comply with these requirements 
for tanks installed on or before October 13, 2015.

    (b) Double walled tanks must be designed, constructed, and installed 
to:
    (1) Contain a leak from any portion of the inner tank within the 
outer wall; and
    (2) Detect the failure of the inner wall.
    (c) External liners (including vaults) must be designed, 
constructed, and installed to:
    (1) Contain 100 percent of the capacity of the largest tank within 
its boundary;
    (2) Prevent the interference of precipitation or groundwater 
intrusion with the ability to contain or detect a release of regulated 
substances; and
    (3) Surround the tank completely (i.e., it is capable of preventing 
lateral as well as vertical migration of regulated substances).
    (d) Underground piping must be equipped with secondary containment 
that satisfies the requirements of this section (e.g., trench liners, 
double walled pipe). In addition, underground piping that conveys 
regulated substances under pressure must be equipped with an automatic 
line leak detector in accordance with Sec. 280.44(a).
    (e) For hazardous substance UST systems installed on or before 
October 13, 2015 other methods of release detection may be used if 
owners and operators:
    (1) Demonstrate to the implementing agency that an alternate method 
can detect a release of the stored substance as effectively as any of 
the methods allowed in Sec. 280.43(b) through (i) can detect a release 
of petroleum;
    (2) Provide information to the implementing agency on effective 
corrective

[[Page 540]]

action technologies, health risks, and chemical and physical properties 
of the stored substance, and the characteristics of the UST site; and,
    (3) Obtain approval from the implementing agency to use the 
alternate release detection method before the installation and operation 
of the new UST system.



Sec. 280.43  Methods of release detection for tanks.

    Each method of release detection for tanks used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Inventory control. Product inventory control (or another test of 
equivalent performance) must be conducted monthly to detect a release of 
at least 1.0 percent of flow-through plus 130 gallons on a monthly basis 
in the following manner:
    (1) Inventory volume measurements for regulated substance inputs, 
withdrawals, and the amount still remaining in the tank are recorded 
each operating day;
    (2) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (3) The regulated substance inputs are reconciled with delivery 
receipts by measurement of the tank inventory volume before and after 
delivery;
    (4) Deliveries are made through a drop tube that extends to within 
one foot of the tank bottom;
    (5) Product dispensing is metered and recorded within the local 
standards for meter calibration or an accuracy of 6 cubic inches for 
every 5 gallons of product withdrawn; and
    (6) The measurement of any water level in the bottom of the tank is 
made to the nearest one-eighth of an inch at least once a month.

    Note to paragraph (a). Practices described in the American Petroleum 
Institute Recommended Practice RP 1621, ``Bulk Liquid Stock Control at 
Retail Outlets'' may be used, where applicable, as guidance in meeting 
the requirements of this paragraph (a).

    (b) Manual tank gauging. Manual tank gauging must meet the following 
requirements:
    (1) Tank liquid level measurements are taken at the beginning and 
ending of a period using the appropriate minimum duration of test value 
in the table below during which no liquid is added to or removed from 
the tank;
    (2) Level measurements are based on an average of two consecutive 
stick readings at both the beginning and ending of the period;
    (3) The equipment used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (4) A release is suspected and subject to the requirements of 
subpart E if the variation between beginning and ending measurements 
exceeds the weekly or monthly standards in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                  Weekly standard (one    Monthly standard (four
        Nominal tank capacity         Minimum duration of test           test)                test average)
----------------------------------------------------------------------------------------------------------------
550 gallons or less.................  36 hours................  10 gallons.............  5 gallons
551-1,000 gallons (when tank          44 hours................  9 gallons..............  4 gallons
 diameter is 64 inches).
551-1,000 gallons (when tank          58 hours................  12 gallons.............  6 gallons
 diameter is 48 inches).
551-1,000 gallons (also requires      36 hours................  13 gallons.............  7 gallons
 periodic tank tightness testing).
1,001-2,000 gallons (also requires    36 hours................  26 gallons.............  13 gallons
 periodic tank tightness testing).
----------------------------------------------------------------------------------------------------------------

    (5) Tanks of 550 gallons or less nominal capacity and tanks with a 
nominal capacity of 551 to 1,000 gallons that meet the tank diameter 
criteria in the table in paragraph (b)(4) of this section may use this 
as the sole method of release detection. All other tanks with a nominal 
capacity of 551 to 2,000 gallons may use the method in place of 
inventory control in Sec. 280.43(a). Tanks of greater than 2,000 
gallons nominal capacity may not use this method to meet the 
requirements of this subpart.
    (c) Tank tightness testing. Tank tightness testing (or another test 
of equivalent performance) must be capable of detecting a 0.1 gallon per 
hour leak rate from any portion of the tank that

[[Page 541]]

routinely contains product while accounting for the effects of thermal 
expansion or contraction of the product, vapor pockets, tank 
deformation, evaporation or condensation, and the location of the water 
table.
    (d) Automatic tank gauging. Equipment for automatic tank gauging 
that tests for the loss of product and conducts inventory control must 
meet the following requirements:
    (1) The automatic product level monitor test can detect a 0.2 gallon 
per hour leak rate from any portion of the tank that routinely contains 
product;
    (2) The automatic tank gauging equipment must meet the inventory 
control (or other test of equivalent performance) requirements of Sec. 
280.43(a); and
    (3) The test must be performed with the system operating in one of 
the following modes:
    (i) In-tank static testing conducted at least once every 30 days; or
    (ii) Continuous in-tank leak detection operating on an uninterrupted 
basis or operating within a process that allows the system to gather 
incremental measurements to determine the leak status of the tank at 
least once every 30 days.
    (e) Vapor monitoring. Testing or monitoring for vapors within the 
soil gas of the excavation zone must meet the following requirements:
    (1) The materials used as backfill are sufficiently porous (e.g., 
gravel, sand, crushed rock) to readily allow diffusion of vapors from 
releases into the excavation area;
    (2) The stored regulated substance, or a tracer compound placed in 
the tank system, is sufficiently volatile (e.g., gasoline) to result in 
a vapor level that is detectable by the monitoring devices located in 
the excavation zone in the event of a release from the tank;
    (3) The measurement of vapors by the monitoring device is not 
rendered inoperative by the groundwater, rainfall, or soil moisture or 
other known interferences so that a release could go undetected for more 
than 30 days;
    (4) The level of background contamination in the excavation zone 
will not interfere with the method used to detect releases from the 
tank;
    (5) The vapor monitors are designed and operated to detect any 
significant increase in concentration above background of the regulated 
substance stored in the tank system, a component or components of that 
substance, or a tracer compound placed in the tank system;
    (6) In the UST excavation zone, the site is assessed to ensure 
compliance with the requirements in paragraphs (e)(1) through (4) of 
this section and to establish the number and positioning of monitoring 
wells that will detect releases within the excavation zone from any 
portion of the tank that routinely contains product; and
    (7) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (f) Groundwater monitoring. Testing or monitoring for liquids on the 
groundwater must meet the following requirements:
    (1) The regulated substance stored is immiscible in water and has a 
specific gravity of less than one;
    (2) Groundwater is never more than 20 feet from the ground surface 
and the hydraulic conductivity of the soil(s) between the UST system and 
the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the 
soil should consist of gravels, coarse to medium sands, coarse silts or 
other permeable materials);
    (3) The slotted portion of the monitoring well casing must be 
designed to prevent migration of natural soils or filter pack into the 
well and to allow entry of regulated substance on the water table into 
the well under both high and low groundwater conditions;
    (4) Monitoring wells shall be sealed from the ground surface to the 
top of the filter pack;
    (5) Monitoring wells or devices intercept the excavation zone or are 
as close to it as is technically feasible;
    (6) The continuous monitoring devices or manual methods used can 
detect the presence of at least one-eighth of an inch of free product on 
top of the groundwater in the monitoring wells;
    (7) Within and immediately below the UST system excavation zone, the 
site is assessed to ensure compliance with the requirements in 
paragraphs (f)(1)

[[Page 542]]

through (5) of this section and to establish the number and positioning 
of monitoring wells or devices that will detect releases from any 
portion of the tank that routinely contains product; and
    (8) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (g) Interstitial monitoring. Interstitial monitoring between the UST 
system and a secondary barrier immediately around or beneath it may be 
used, but only if the system is designed, constructed, and installed to 
detect a leak from any portion of the tank that routinely contains 
product and also meets one of the following requirements:
    (1) For double walled UST systems, the sampling or testing method 
can detect a leak through the inner wall in any portion of the tank that 
routinely contains product;
    (2) For UST systems with a secondary barrier within the excavation 
zone, the sampling or testing method used can detect a leak between the 
UST system and the secondary barrier;
    (i) The secondary barrier around or beneath the UST system consists 
of artificially constructed material that is sufficiently thick and 
impermeable (at least 10-6 cm/sec for the regulated substance 
stored) to direct a leak to the monitoring point and permit its 
detection;
    (ii) The barrier is compatible with the regulated substance stored 
so that a leak from the UST system will not cause a deterioration of the 
barrier allowing a release to pass through undetected;
    (iii) For cathodically protected tanks, the secondary barrier must 
be installed so that it does not interfere with the proper operation of 
the cathodic protection system;
    (iv) The groundwater, soil moisture, or rainfall will not render the 
testing or sampling method used inoperative so that a release could go 
undetected for more than 30 days;
    (v) The site is assessed to ensure that the secondary barrier is 
always above the groundwater and not in a 25-year flood plain, unless 
the barrier and monitoring designs are for use under such conditions; 
and,
    (vi) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (3) For tanks with an internally fitted liner, an automated device 
can detect a leak between the inner wall of the tank and the liner, and 
the liner is compatible with the substance stored.
    (h) Statistical inventory reconciliation. Release detection methods 
based on the application of statistical principles to inventory data 
similar to those described in Sec. 280.43(a) must meet the following 
requirements:
    (1) Report a quantitative result with a calculated leak rate;
    (2) Be capable of detecting a leak rate of 0.2 gallon per hour or a 
release of 150 gallons within 30 days; and
    (3) Use a threshold that does not exceed one-half the minimum 
detectible leak rate.
    (i) Other methods. Any other type of release detection method, or 
combination of methods, can be used if:
    (1) It can detect a 0.2 gallon per hour leak rate or a release of 
150 gallons within a month with a probability of detection of 0.95 and a 
probability of false alarm of 0.05; or
    (2) The implementing agency may approve another method if the owner 
and operator can demonstrate that the method can detect a release as 
effectively as any of the methods allowed in paragraphs (c) through (h) 
of this section. In comparing methods, the implementing agency shall 
consider the size of release that the method can detect and the 
frequency and reliability with which it can be detected. If the method 
is approved, the owner and operator must comply with any conditions 
imposed by the implementing agency on its use to ensure the protection 
of human health and the environment.



Sec. 280.44  Methods of release detection for piping.

    Each method of release detection for piping used to meet the 
requirements of Sec. 280.41 must be conducted in accordance with the 
following:
    (a) Automatic line leak detectors. Methods which alert the operator 
to the presence of a leak by restricting or shutting off the flow of 
regulated substances through piping or triggering an audible or visual 
alarm may be used

[[Page 543]]

only if they detect leaks of 3 gallons per hour at 10 pounds per square 
inch line pressure within 1 hour. An annual test of the operation of the 
leak detector must be conducted in accordance with Sec. 280.40(a)(3).
    (b) Line tightness testing. A periodic test of piping may be 
conducted only if it can detect a 0.1 gallon per hour leak rate at one 
and one-half times the operating pressure.
    (c) Applicable tank methods. Except as described in Sec. 280.41(a), 
any of the methods in Sec. 280.43(e) through (i) may be used if they 
are designed to detect a release from any portion of the underground 
piping that routinely contains regulated substances.



Sec. 280.45  Release detection recordkeeping.

    All UST system owners and operators must maintain records in 
accordance with Sec. 280.34 demonstrating compliance with all 
applicable requirements of this subpart. These records must include the 
following:
    (a) All written performance claims pertaining to any release 
detection system used, and the manner in which these claims have been 
justified or tested by the equipment manufacturer or installer, must be 
maintained for 5 years, or for another reasonable period of time 
determined by the implementing agency, from the date of installation. 
Not later than October 13, 2018, records of site assessments required 
under Sec. 280.43(e)(6) and (f)(7) must be maintained for as long as 
the methods are used. Records of site assessments developed after 
October 13, 2015 must be signed by a professional engineer or 
professional geologist, or equivalent licensed professional with 
experience in environmental engineering, hydrogeology, or other relevant 
technical discipline acceptable to the implementing agency;
    (b) The results of any sampling, testing, or monitoring must be 
maintained for at least one year, or for another reasonable period of 
time determined by the implementing agency, except as follows:
    (1) The results of annual operation tests conducted in accordance 
with Sec. 280.40(a)(3) must be maintained for three years. At a 
minimum, the results must list each component tested, indicate whether 
each component tested meets criteria in Sec. 280.40(a)(3) or needs to 
have action taken, and describe any action taken to correct an issue; 
and
    (2) The results of tank tightness testing conducted in accordance 
with Sec. 280.43(c) must be retained until the next test is conducted; 
and
    (3) The results of tank tightness testing, line tightness testing, 
and vapor monitoring using a tracer compound placed in the tank system 
conducted in accordance with Sec. 280.252(d) must be retained until the 
next test is conducted; and
    (c) Written documentation of all calibration, maintenance, and 
repair of release detection equipment permanently located on-site must 
be maintained for at least one year after the servicing work is 
completed, or for another reasonable time period determined by the 
implementing agency. Any schedules of required calibration and 
maintenance provided by the release detection equipment manufacturer 
must be retained for five years from the date of installation.



      Subpart E_Release Reporting, Investigation, and Confirmation



Sec. 280.50  Reporting of suspected releases.

    Owners and operators of UST systems must report to the implementing 
agency within 24 hours, or another reasonable period specified by the 
implementing agency, and follow the procedures in Sec. 280.52 for any 
of the following conditions:
    (a) The discovery by owners and operators or others of released 
regulated substances at the UST site or in the surrounding area (such as 
the presence of free product or vapors in soils, basements, sewer and 
utility lines, and nearby surface water).
    (b) Unusual operating conditions observed by owners and operators 
(such as the erratic behavior of product dispensing equipment, the 
sudden loss of product from the UST system, an unexplained presence of 
water in the tank, or liquid in the interstitial space of secondarily 
contained systems), unless:

[[Page 544]]

    (1) The system equipment or component is found not to be releasing 
regulated substances to the environment;
    (2) Any defective system equipment or component is immediately 
repaired or replaced; and
    (3) For secondarily contained systems, except as provided for in 
Sec. 280.43(g)(2)(iv), any liquid in the interstitial space not used as 
part of the interstitial monitoring method (for example, brine filled) 
is immediately removed.
    (c) Monitoring results, including investigation of an alarm, from a 
release detection method required under Sec. Sec. 280.41 and 280.42 
that indicate a release may have occurred unless:
    (1) The monitoring device is found to be defective, and is 
immediately repaired, recalibrated or replaced, and additional 
monitoring does not confirm the initial result;
    (2) The leak is contained in the secondary containment and:
    (i) Except as provided for in Sec. 280.43(g)(2)(iv), any liquid in 
the interstitial space not used as part of the interstitial monitoring 
method (for example, brine filled) is immediately removed; and
    (ii) Any defective system equipment or component is immediately 
repaired or replaced;
    (3) In the case of inventory control described in Sec. 280.43(a), a 
second month of data does not confirm the initial result or the 
investigation determines no release has occurred; or
    (4) The alarm was investigated and determined to be a non-release 
event (for example, from a power surge or caused by filling the tank 
during release detection testing).



Sec. 280.51  Investigation due to off-site impacts.

    When required by the implementing agency, owners and operators of 
UST systems must follow the procedures in Sec. 280.52 to determine if 
the UST system is the source of off-site impacts. These impacts include 
the discovery of regulated substances (such as the presence of free 
product or vapors in soils, basements, sewer and utility lines, and 
nearby surface and drinking waters) that has been observed by the 
implementing agency or brought to its attention by another party.



Sec. 280.52  Release investigation and confirmation steps.

    Unless corrective action is initiated in accordance with subpart F, 
owners and operators must immediately investigate and confirm all 
suspected releases of regulated substances requiring reporting under 
Sec. 280.50 within 7 days, or another reasonable time period specified 
by the implementing agency, using either the following steps or another 
procedure approved by the implementing agency:
    (a) System test. Owners and operators must conduct tests (according 
to the requirements for tightness testing in Sec. Sec. 280.43(c) and 
280.44(b) or, as appropriate, secondary containment testing described in 
Sec. 280.33(d)).
    (1) The test must determine whether:
    (i) A leak exists in that portion of the tank that routinely 
contains product, or the attached delivery piping; or
    (ii) A breach of either wall of the secondary containment has 
occurred.
    (2) If the system test confirms a leak into the interstice or a 
release, owners and operators must repair, replace, upgrade, or close 
the UST system. In addition, owners and operators must begin corrective 
action in accordance with subpart F of this part if the test results for 
the system, tank, or delivery piping indicate that a release exists.
    (3) Further investigation is not required if the test results for 
the system, tank, and delivery piping do not indicate that a release 
exists and if environmental contamination is not the basis for 
suspecting a release.
    (4) Owners and operators must conduct a site check as described in 
paragraph (b) of this section if the test results for the system, tank, 
and delivery piping do not indicate that a release exists but 
environmental contamination is the basis for suspecting a release.
    (b) Site check. Owners and operators must measure for the presence 
of a release where contamination is most likely to be present at the UST 
site. In

[[Page 545]]

selecting sample types, sample locations, and measurement methods, 
owners and operators must consider the nature of the stored substance, 
the type of initial alarm or cause for suspicion, the type of backfill, 
the depth of groundwater, and other factors appropriate for identifying 
the presence and source of the release.
    (1) If the test results for the excavation zone or the UST site 
indicate that a release has occurred, owners and operators must begin 
corrective action in accordance with subpart F of this part;
    (2) If the test results for the excavation zone or the UST site do 
not indicate that a release has occurred, further investigation is not 
required.



Sec. 280.53  Reporting and cleanup of spills and overfills.

    (a) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill and report to the implementing agency 
within 24 hours, or another reasonable time period specified by the 
implementing agency, and begin corrective action in accordance with 
subpart F of this part in the following cases:
    (1) Spill or overfill of petroleum that results in a release to the 
environment that exceeds 25 gallons or another reasonable amount 
specified by the implementing agency, or that causes a sheen on nearby 
surface water; and
    (2) Spill or overfill of a hazardous substance that results in a 
release to the environment that equals or exceeds its reportable 
quantity under CERCLA (40 CFR part 302).

    Note to paragraph (a). Pursuant to Sec. Sec. 302.6 and 355.40 of 
this chapter, a release of a hazardous substance equal to or in excess 
of its reportable quantity must also be reported immediately (rather 
than within 24 hours) to the National Response Center under sections 102 
and 103 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 and to appropriate state and local authorities 
under Title III of the Superfund Amendments and Reauthorization Act of 
1986.

    (b) Owners and operators of UST systems must contain and immediately 
clean up a spill or overfill of petroleum that is less than 25 gallons 
or another reasonable amount specified by the implementing agency, and a 
spill or overfill of a hazardous substance that is less than the 
reportable quantity. If cleanup cannot be accomplished within 24 hours, 
or another reasonable time period established by the implementing 
agency, owners and operators must immediately notify the implementing 
agency.



    Subpart F_Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances



Sec. 280.60  General.

    Owners and operators of petroleum or hazardous substance UST systems 
must, in response to a confirmed release from the UST system, comply 
with the requirements of this subpart except for USTs excluded under 
Sec. 280.10(b) and UST systems subject to RCRA Subtitle C corrective 
action requirements under section 3004(u) of the Resource Conservation 
and Recovery Act, as amended.



Sec. 280.61  Initial response.

    Upon confirmation of a release in accordance with Sec. 280.52 or 
after a release from the UST system is identified in any other manner, 
owners and operators must perform the following initial response actions 
within 24 hours of a release or within another reasonable period of time 
determined by the implementing agency:
    (a) Report the release to the implementing agency (e.g., by 
telephone or electronic mail);
    (b) Take immediate action to prevent any further release of the 
regulated substance into the environment; and
    (c) Identify and mitigate fire, explosion, and vapor hazards.



Sec. 280.62  Initial abatement measures and site check.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must perform the following abatement measures:
    (1) Remove as much of the regulated substance from the UST system as 
is necessary to prevent further release to the environment;

[[Page 546]]

    (2) Visually inspect any aboveground releases or exposed belowground 
releases and prevent further migration of the released substance into 
surrounding soils and groundwater;
    (3) Continue to monitor and mitigate any additional fire and safety 
hazards posed by vapors or free product that have migrated from the UST 
excavation zone and entered into subsurface structures (such as sewers 
or basements);
    (4) Remedy hazards posed by contaminated soils that are excavated or 
exposed as a result of release confirmation, site investigation, 
abatement, or corrective action activities. If these remedies include 
treatment or disposal of soils, the owner and operator must comply with 
applicable state and local requirements;
    (5) Measure for the presence of a release where contamination is 
most likely to be present at the UST site, unless the presence and 
source of the release have been confirmed in accordance with the site 
check required by Sec. 280.52(b) or the closure site assessment of 
Sec. 280.72(a). In selecting sample types, sample locations, and 
measurement methods, the owner and operator must consider the nature of 
the stored substance, the type of backfill, depth to groundwater and 
other factors as appropriate for identifying the presence and source of 
the release; and
    (6) Investigate to determine the possible presence of free product, 
and begin free product removal as soon as practicable and in accordance 
with Sec. 280.64.
    (b) Within 20 days after release confirmation, or within another 
reasonable period of time determined by the implementing agency, owners 
and operators must submit a report to the implementing agency 
summarizing the initial abatement steps taken under paragraph (a) of 
this section and any resulting information or data.



Sec. 280.63  Initial site characterization.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must assemble information about the site and the 
nature of the release, including information gained while confirming the 
release or completing the initial abatement measures in Sec. Sec. 
280.60 and 280.61. This information must include, but is not necessarily 
limited to the following:
    (1) Data on the nature and estimated quantity of release;
    (2) Data from available sources and/or site investigations 
concerning the following factors: Surrounding populations, water 
quality, use and approximate locations of wells potentially affected by 
the release, subsurface soil conditions, locations of subsurface sewers, 
climatological conditions, and land use;
    (3) Results of the site check required under Sec. 280.62(a)(5); and
    (4) Results of the free product investigations required under Sec. 
280.62(a)(6), to be used by owners and operators to determine whether 
free product must be recovered under Sec. 280.64.
    (b) Within 45 days of release confirmation or another reasonable 
period of time determined by the implementing agency, owners and 
operators must submit the information collected in compliance with 
paragraph (a) of this section to the implementing agency in a manner 
that demonstrates its applicability and technical adequacy, or in a 
format and according to the schedule required by the implementing 
agency.



Sec. 280.64  Free product removal.

    At sites where investigations under Sec. 280.62(a)(6) indicate the 
presence of free product, owners and operators must remove free product 
to the maximum extent practicable as determined by the implementing 
agency while continuing, as necessary, any actions initiated under 
Sec. Sec. 280.61 through 280.63, or preparing for actions required 
under Sec. Sec. 280.65 through 280.66. In meeting the requirements of 
this section, owners and operators must:
    (a) Conduct free product removal in a manner that minimizes the 
spread of contamination into previously uncontaminated zones by using 
recovery and disposal techniques appropriate to the hydrogeologic 
conditions at the site, and that properly treats, discharges or disposes 
of recovery byproducts in compliance with applicable local, state, and 
federal regulations;
    (b) Use abatement of free product migration as a minimum objective 
for the

[[Page 547]]

design of the free product removal system;
    (c) Handle any flammable products in a safe and competent manner to 
prevent fires or explosions; and
    (d) Unless directed to do otherwise by the implementing agency, 
prepare and submit to the implementing agency, within 45 days after 
confirming a release, a free product removal report that provides at 
least the following information:
    (1) The name of the person(s) responsible for implementing the free 
product removal measures;
    (2) The estimated quantity, type, and thickness of free product 
observed or measured in wells, boreholes, and excavations;
    (3) The type of free product recovery system used;
    (4) Whether any discharge will take place on-site or off-site during 
the recovery operation and where this discharge will be located;
    (5) The type of treatment applied to, and the effluent quality 
expected from, any discharge;
    (6) The steps that have been or are being taken to obtain necessary 
permits for any discharge; and
    (7) The disposition of the recovered free product.



Sec. 280.65  Investigations for soil and groundwater cleanup.

    (a) In order to determine the full extent and location of soils 
contaminated by the release and the presence and concentrations of 
dissolved product contamination in the groundwater, owners and operators 
must conduct investigations of the release, the release site, and the 
surrounding area possibly affected by the release if any of the 
following conditions exist:
    (1) There is evidence that groundwater wells have been affected by 
the release (e.g., as found during release confirmation or previous 
corrective action measures);
    (2) Free product is found to need recovery in compliance with Sec. 
280.64;
    (3) There is evidence that contaminated soils may be in contact with 
groundwater (e.g., as found during conduct of the initial response 
measures or investigations required under Sec. Sec. 280.60 through 
280.64); and
    (4) The implementing agency requests an investigation, based on the 
potential effects of contaminated soil or groundwater on nearby surface 
water and groundwater resources.
    (b) Owners and operators must submit the information collected under 
paragraph (a) of this section as soon as practicable or in accordance 
with a schedule established by the implementing agency.



Sec. 280.66  Corrective action plan.

    (a) At any point after reviewing the information submitted in 
compliance with Sec. Sec. 280.61 through 280.63, the implementing 
agency may require owners and operators to submit additional information 
or to develop and submit a corrective action plan for responding to 
contaminated soils and groundwater. If a plan is required, owners and 
operators must submit the plan according to a schedule and format 
established by the implementing agency. Alternatively, owners and 
operators may, after fulfilling the requirements of Sec. Sec. 280.61 
through 280.63, choose to submit a corrective action plan for responding 
to contaminated soil and groundwater. In either case, owners and 
operators are responsible for submitting a plan that provides for 
adequate protection of human health and the environment as determined by 
the implementing agency, and must modify their plan as necessary to meet 
this standard.
    (b) The implementing agency will approve the corrective action plan 
only after ensuring that implementation of the plan will adequately 
protect human health, safety, and the environment. In making this 
determination, the implementing agency should consider the following 
factors as appropriate:
    (1) The physical and chemical characteristics of the regulated 
substance, including its toxicity, persistence, and potential for 
migration;
    (2) The hydrogeologic characteristics of the facility and the 
surrounding area;
    (3) The proximity, quality, and current and future uses of nearby 
surface water and groundwater;
    (4) The potential effects of residual contamination on nearby 
surface water and groundwater;

[[Page 548]]

    (5) An exposure assessment; and
    (6) Any information assembled in compliance with this subpart.
    (c) Upon approval of the corrective action plan or as directed by 
the implementing agency, owners and operators must implement the plan, 
including modifications to the plan made by the implementing agency. 
They must monitor, evaluate, and report the results of implementing the 
plan in accordance with a schedule and in a format established by the 
implementing agency.
    (d) Owners and operators may, in the interest of minimizing 
environmental contamination and promoting more effective cleanup, begin 
cleanup of soil and groundwater before the corrective action plan is 
approved provided that they:
    (1) Notify the implementing agency of their intention to begin 
cleanup;
    (2) Comply with any conditions imposed by the implementing agency, 
including halting cleanup or mitigating adverse consequences from 
cleanup activities; and
    (3) Incorporate these self-initiated cleanup measures in the 
corrective action plan that is submitted to the implementing agency for 
approval.



Sec. 280.67  Public participation.

    (a) For each confirmed release that requires a corrective action 
plan, the implementing agency must provide notice to the public by means 
designed to reach those members of the public directly affected by the 
release and the planned corrective action. This notice may include, but 
is not limited to, public notice in local newspapers, block 
advertisements, public service announcements, publication in a state 
register, letters to individual households, or personal contacts by 
field staff.
    (b) The implementing agency must ensure that site release 
information and decisions concerning the corrective action plan are made 
available to the public for inspection upon request.
    (c) Before approving a corrective action plan, the implementing 
agency may hold a public meeting to consider comments on the proposed 
corrective action plan if there is sufficient public interest, or for 
any other reason.
    (d) The implementing agency must give public notice that complies 
with paragraph (a) of this section if implementation of an approved 
corrective action plan does not achieve the established cleanup levels 
in the plan and termination of that plan is under consideration by the 
implementing agency.



            Subpart G_Out-of-Service UST Systems and Closure



Sec. 280.70  Temporary closure.

    (a) When an UST system is temporarily closed, owners and operators 
must continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31, and any release detection in accordance 
with subparts D and K of this part. Subparts E and F of this part must 
be complied with if a release is suspected or confirmed. However, 
release detection and release detection operation and maintenance 
testing and inspections in subparts C and D of this part are not 
required as long as the UST system is empty. The UST system is empty 
when all materials have been removed using commonly employed practices 
so that no more than 2.5 centimeters (one inch) of residue, or 0.3 
percent by weight of the total capacity of the UST system, remain in the 
system. In addition, spill and overfill operation and maintenance 
testing and inspections in subpart C of this part are not required.
    (b) When an UST system is temporarily closed for 3 months or more, 
owners and operators must also comply with the following requirements:
    (1) Leave vent lines open and functioning; and
    (2) Cap and secure all other lines, pumps, manways, and ancillary 
equipment.
    (c) When an UST system is temporarily closed for more than 12 
months, owners and operators must permanently close the UST system if it 
does not meet either performance standards in Sec. 280.20 for new UST 
systems or the upgrading requirements in Sec. 280.21, except that the 
spill and overfill equipment requirements do not have to be met. Owners 
and operators must permanently close the substandard UST

[[Page 549]]

systems at the end of this 12-month period in accordance with Sec. Sec. 
280.71 through 280.74, unless the implementing agency provides an 
extension of the 12-month temporary closure period. Owners and operators 
must complete a site assessment in accordance with Sec. 280.72 before 
such an extension can be applied for.



Sec. 280.71  Permanent closure and changes-in-service.

    (a) At least 30 days before beginning either permanent closure or a 
change-in-service under paragraphs (b) and (c) of this section, or 
within another reasonable time period determined by the implementing 
agency, owners and operators must notify the implementing agency of 
their intent to permanently close or make the change-in-service, unless 
such action is in response to corrective action. The required assessment 
of the excavation zone under Sec. 280.72 must be performed after 
notifying the implementing agency but before completion of the permanent 
closure or a change-in-service.
    (b) To permanently close a tank, owners and operators must empty and 
clean it by removing all liquids and accumulated sludges. All tanks 
taken out of service permanently must: be removed from the ground, 
filled with an inert solid material, or closed in place in a manner 
approved by the implementing agency.
    (c) Continued use of an UST system to store a non-regulated 
substance is considered a change-in-service. Before a change-in-service, 
owners and operators must empty and clean the tank by removing all 
liquid and accumulated sludge and conduct a site assessment in 
accordance with Sec. 280.72.

    Note to Sec. 280.71. The following cleaning and closure procedures 
may be used to comply with this section:
    (A) American Petroleum Institute Recommended Practice RP 1604, 
``Closure of Underground Petroleum Storage Tanks'';
    (B) American Petroleum Institute Standard 2015, ``Safe Entry and 
Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry 
From Decommissioning Through Recommissioning'';
    (C) American Petroleum Institute Recommended Practice 2016, 
``Guidelines and Procedures for Entering and Cleaning Petroleum Storage 
Tanks'';
    (D) American Petroleum Institute Recommended Practice RP 1631, 
``Interior Lining and Periodic Inspection of Underground Storage 
Tanks,'' may be used as guidance for compliance with this section;
    (E) National Fire Protection Association Standard 326, ``Standard 
for the Safeguarding of Tanks and Containers for Entry, Cleaning, or 
Repair''; and
    (F) National Institute for Occupational Safety and Health 
Publication 80-106, ``Criteria for a Recommended Standard . . . Working 
in Confined Space'' may be used as guidance for conducting safe closure 
procedures at some hazardous substance tanks.



Sec. 280.72  Assessing the site at closure or change-in-service.

    (a) Before permanent closure or a change-in-service is completed, 
owners and operators must measure for the presence of a release where 
contamination is most likely to be present at the UST site. In selecting 
sample types, sample locations, and measurement methods, owners and 
operators must consider the method of closure, the nature of the stored 
substance, the type of backfill, the depth to groundwater, and other 
factors appropriate for identifying the presence of a release. The 
requirements of this section are satisfied if one of the external 
release detection methods allowed in Sec. 280.43(e) and (f) is 
operating in accordance with the requirements in Sec. 280.43 at the 
time of closure, and indicates no release has occurred.
    (b) If contaminated soils, contaminated groundwater, or free product 
as a liquid or vapor is discovered under paragraph (a) of this section, 
or by any other manner, owners and operators must begin corrective 
action in accordance with subpart F of this part.



Sec. 280.73  Applicability to previously closed UST systems.

    When directed by the implementing agency, the owner and operator of 
an UST system permanently closed before December 22, 1988 must assess 
the excavation zone and close the UST system in accordance with this 
subpart if releases from the UST may, in the judgment of the 
implementing agency, pose a current or potential threat to human health 
and the environment.

[[Page 550]]



Sec. 280.74  Closure records.

    Owners and operators must maintain records in accordance with Sec. 
280.34 that are capable of demonstrating compliance with closure 
requirements under this subpart. The results of the excavation zone 
assessment required in Sec. 280.72 must be maintained for at least 
three years after completion of permanent closure or change-in-service 
in one of the following ways:
    (a) By the owners and operators who took the UST system out of 
service;
    (b) By the current owners and operators of the UST system site; or
    (c) By mailing these records to the implementing agency if they 
cannot be maintained at the closed facility.



                   Subpart H_Financial Responsibility



Sec. 280.90  Applicability.

    (a) This subpart applies to owners and operators of all petroleum 
underground storage tank (UST) systems except as otherwise provided in 
this section.
    (b) Owners and operators of petroleum UST systems are subject to 
these requirements in accordance with Sec. 280.91.
    (c) State and Federal government entities whose debts and 
liabilities are the debts and liabilities of a state or the United 
States are exempt from the requirements of this subpart.
    (d) The requirements of this subpart do not apply to owners and 
operators of any UST system described in Sec. 280.10(b), (c)(1), 
(c)(3), or (c)(4).
    (e) If the owner and operator of a petroleum underground storage 
tank are separate persons, only one person is required to demonstrate 
financial responsibility; however, both parties are liable in event of 
noncompliance.



Sec. 280.91  Compliance dates.

    Owners of petroleum underground storage tanks must comply with the 
requirements of this subpart. Previously deferred UST systems must 
comply with the requirements of this subpart according to the schedule 
in Sec. 280.251(a).



Sec. 280.92  Definition of terms.

    When used in this subpart, the following terms shall have the 
meanings given below:
    Accidental release means any sudden or nonsudden release of 
petroleum arising from operating an underground storage tank that 
results in a need for corrective action and/or compensation for bodily 
injury or property damage neither expected nor intended by the tank 
owner or operator.
    Bodily injury shall have the meaning given to this term by 
applicable state law; however, this term shall not include those 
liabilities which, consistent with standard insurance industry 
practices, are excluded from coverage in liability insurance policies 
for bodily injury.
    Chief Financial Officer, in the case of local government owners and 
operators, means the individual with the overall authority and 
responsibility for the collection, disbursement, and use of funds by the 
local government.
    Controlling interest means direct ownership of at least 50 percent 
of the voting stock of another entity.
    Director of the Implementing Agency means the EPA Regional 
Administrator, or, in the case of a state with a program approved under 
section 9004, the Director of the designated state or local agency 
responsible for carrying out an approved UST program.
    Financial reporting year means the latest consecutive twelve-month 
period for which any of the following reports used to support a 
financial test is prepared:
    (1) A 10-K report submitted to the SEC;
    (2) An annual report of tangible net worth submitted to Dun and 
Bradstreet; or
    (3) Annual reports submitted to the Energy Information 
Administration or the Rural Utilities Service.
    Note to the definition of Financial reporting year. ``Financial 
reporting year'' may thus comprise a fiscal or a calendar year period.
    Legal defense cost is any expense that an owner or operator or 
provider of financial assurance incurs in defending against claims or 
actions brought:

[[Page 551]]

    (1) By EPA or a state to require corrective action or to recover the 
costs of corrective action;
    (2) By or on behalf of a third party for bodily injury or property 
damage caused by an accidental release; or
    (3) By any person to enforce the terms of a financial assurance 
mechanism.
    Local government shall have the meaning given this term by 
applicable state law and includes Indian tribes. The term is generally 
intended to include:
    (1) Counties, municipalities, townships, separately chartered and 
operated special districts (including local government public transit 
systems and redevelopment authorities), and independent school districts 
authorized as governmental bodies by state charter or constitution; and
    (2) Special districts and independent school districts established 
by counties, municipalities, townships, and other general purpose 
governments to provide essential services.
    Occurrence means an accident, including continuous or repeated 
exposure to conditions, which results in a release from an underground 
storage tank.
    Note to the definition of Occurrence. This definition is intended to 
assist in the understanding of these regulations and is not intended 
either to limit the meaning of ``occurrence'' in a way that conflicts 
with standard insurance usage or to prevent the use of other standard 
insurance terms in place of ``occurrence.''
    Owner or operator, when the owner or operator are separate parties, 
refers to the party that is obtaining or has obtained financial 
assurances.
    Petroleum marketing facilities include all facilities at which 
petroleum is produced or refined and all facilities from which petroleum 
is sold or transferred to other petroleum marketers or to the public.
    Property damage shall have the meaning given this term by applicable 
state law. This term shall not include those liabilities which, 
consistent with standard insurance industry practices, are excluded from 
coverage in liability insurance policies for property damage. However, 
such exclusions for property damage shall not include corrective action 
associated with releases from tanks which are covered by the policy.
    Provider of financial assurance means an entity that provides 
financial assurance to an owner or operator of an underground storage 
tank through one of the mechanisms listed in Sec. Sec. 280.95 through 
280.107, including a guarantor, insurer, risk retention group, surety, 
issuer of a letter of credit, issuer of a state-required mechanism, or a 
state.
    Substantial business relationship means the extent of a business 
relationship necessary under applicable state law to make a guarantee 
contract issued incident to that relationship valid and enforceable. A 
guarantee contract is issued ``incident to that relationship'' if it 
arises from and depends on existing economic transactions between the 
guarantor and the owner or operator.
    Substantial governmental relationship means the extent of a 
governmental relationship necessary under applicable state law to make 
an added guarantee contract issued incident to that relationship valid 
and enforceable. A guarantee contract is issued ``incident to that 
relationship'' if it arises from a clear commonality of interest in the 
event of an UST release such as coterminous boundaries, overlapping 
constituencies, common groundwater aquifer, or other relationship other 
than monetary compensation that provides a motivation for the guarantor 
to provide a guarantee.
    Tangible net worth means the tangible assets that remain after 
deducting liabilities; such assets do not include intangibles such as 
goodwill and rights to patents or royalties. For purposes of this 
definition, ``assets'' means all existing and all probable future 
economic benefits obtained or controlled by a particular entity as a 
result of past transactions.
    Termination under Sec. 280.97(b)(1) and (2) means only those 
changes that could result in a gap in coverage as where the insured has 
not obtained substitute coverage or has obtained substitute coverage 
with a different retroactive date than the retroactive date of the 
original policy.

[[Page 552]]



Sec. 280.93  Amount and scope of required financial responsibility.

    (a) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for taking corrective action and 
for compensating third parties for bodily injury and property damage 
caused by accidental releases arising from the operation of petroleum 
underground storage tanks in at least the following per-occurrence 
amounts:
    (1) For owners or operators of petroleum underground storage tanks 
that are located at petroleum marketing facilities, or that handle an 
average of more than 10,000 gallons of petroleum per month based on 
annual throughput for the previous calendar year; $1 million.
    (2) For all other owners or operators of petroleum underground 
storage tanks; $500,000.
    (b) Owners or operators of petroleum underground storage tanks must 
demonstrate financial responsibility for taking corrective action and 
for compensating third parties for bodily injury and property damage 
caused by accidental releases arising from the operation of petroleum 
underground storage tanks in at least the following annual aggregate 
amounts:
    (1) For owners or operators of 1 to 100 petroleum underground 
storage tanks, $1 million; and
    (2) For owners or operators of 101 or more petroleum underground 
storage tanks, $2 million.
    (c) For the purposes of paragraphs (b) and (f) of this section, 
only, ``a petroleum underground storage tank'' means a single 
containment unit and does not mean combinations of single containment 
units.
    (d) Except as provided in paragraph (e) of this section, if the 
owner or operator uses separate mechanisms or separate combinations of 
mechanisms to demonstrate financial responsibility for:
    (1) Taking corrective action;
    (2) Compensating third parties for bodily injury and property damage 
caused by sudden accidental releases; or
    (3) Compensating third parties for bodily injury and property damage 
caused by nonsudden accidental releases, the amount of assurance 
provided by each mechanism or combination of mechanisms must be in the 
full amount specified in paragraphs (a) and (b) of this section.
    (e) If an owner or operator uses separate mechanisms or separate 
combinations of mechanisms to demonstrate financial responsibility for 
different petroleum underground storage tanks, the annual aggregate 
required shall be based on the number of tanks covered by each such 
separate mechanism or combination of mechanisms.
    (f) Owners or operators shall review the amount of aggregate 
assurance provided whenever additional petroleum underground storage 
tanks are acquired or installed. If the number of petroleum underground 
storage tanks for which assurance must be provided exceeds 100, the 
owner or operator shall demonstrate financial responsibility in the 
amount of at least $2 million of annual aggregate assurance by the 
anniversary of the date on which the mechanism demonstrating financial 
responsibility became effective. If assurance is being demonstrated by a 
combination of mechanisms, the owner or operator shall demonstrate 
financial responsibility in the amount of at least $2 million of annual 
aggregate assurance by the first-occurring effective date anniversary of 
any one of the mechanisms combined (other than a financial test or 
guarantee) to provide assurance.
    (g) The amounts of assurance required under this section exclude 
legal defense costs.
    (h) The required per-occurrence and annual aggregate coverage 
amounts do not in any way limit the liability of the owner or operator.



Sec. 280.94  Allowable mechanisms and combinations of mechanisms.

    (a) Subject to the limitations of paragraphs (b) and (c) of this 
section:
    (1) An owner or operator, including a local government owner or 
operator, may use any one or combination of the mechanisms listed in 
Sec. Sec. 280.95 through 280.103 to demonstrate financial 
responsibility under this subpart for one or more underground storage 
tanks; and
    (2) A local government owner or operator may use any one or 
combination

[[Page 553]]

of the mechanisms listed in Sec. Sec. 280.104 through 280.107 to 
demonstrate financial responsibility under this subpart for one or more 
underground storage tanks.
    (b) An owner or operator may use a guarantee under Sec. 280.96 or 
surety bond under Sec. 280.98 to establish financial responsibility 
only if the Attorney(s) General of the state(s) in which the underground 
storage tanks are located has (have) submitted a written statement to 
the implementing agency that a guarantee or surety bond executed as 
described in this section is a legally valid and enforceable obligation 
in that state.
    (c) An owner or operator may use self-insurance in combination with 
a guarantee only if, for the purpose of meeting the requirements of the 
financial test under this rule, the financial statements of the owner or 
operator are not consolidated with the financial statements of the 
guarantor.



Sec. 280.95  Financial test of self-insurance.

    (a) An owner or operator, and/or guarantor, may satisfy the 
requirements of Sec. 280.93 by passing a financial test as specified in 
this section. To pass the financial test of self-insurance, the owner or 
operator, and/or guarantor must meet the criteria of paragraph (b) or 
(c) of this section based on year-end financial statements for the 
latest completed fiscal year.
    (b)(1) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least ten times:
    (i) The total of the applicable aggregate amount required by Sec. 
280.93, based on the number of underground storage tanks for which a 
financial test is used to demonstrate financial responsibility to EPA 
under this section or to a state implementing agency under a state 
program approved by EPA under 40 CFR part 281;
    (ii) The sum of the corrective action cost estimates, the current 
closure and post-closure care cost estimates, and amount of liability 
coverage for which a financial test is used to demonstrate financial 
responsibility to EPA under 40 CFR 264.101, 264.143, 264.145, 265.143, 
265.145, 264.147, and 265.147 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 271; and
    (iii) The sum of current plugging and abandonment cost estimates for 
which a financial test is used to demonstrate financial responsibility 
to EPA under 40 CFR 144.63 or to a state implementing agency under a 
state program authorized by EPA under 40 CFR part 145.
    (2) The owner or operator, and/or guarantor, must have a tangible 
net worth of at least $10 million.
    (3) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer worded as specified in paragraph 
(d) of this section.
    (4) The owner or operator, and/or guarantor, must either:
    (i) File financial statements annually with the U.S. Securities and 
Exchange Commission, the Energy Information Administration, or the Rural 
Utilities Service; or
    (ii) Report annually the firm's tangible net worth to Dun and 
Bradstreet, and Dun and Bradstreet must have assigned the firm a 
financial strength rating of 4A or 5A.
    (5) The firm's year-end financial statements, if independently 
audited, cannot include an adverse auditor's opinion, a disclaimer of 
opinion, or a ``going concern'' qualification.
    (c)(1) The owner or operator, and/or guarantor must meet the 
financial test requirements of 40 CFR 264.147(f)(1), substituting the 
appropriate amounts specified in Sec. 280.93(b)(1) and (2) for the 
``amount of liability coverage'' each time specified in that section.
    (2) The fiscal year-end financial statements of the owner or 
operator, and/or guarantor, must be examined by an independent certified 
public accountant and be accompanied by the accountant's report of the 
examination.
    (3) The firm's year-end financial statements cannot include an 
adverse auditor's opinion, a disclaimer of opinion, or a ``going 
concern'' qualification.
    (4) The owner or operator, and/or guarantor, must have a letter 
signed by the chief financial officer, worded as specified in paragraph 
(d) of this section.

[[Page 554]]

    (5) If the financial statements of the owner or operator, and/or 
guarantor, are not submitted annually to the U.S. Securities and 
Exchange Commission, the Energy Information Administration or the Rural 
Utilities Service, the owner or operator, and/or guarantor, must obtain 
a special report by an independent certified public accountant stating 
that:
    (i) He has compared the data that the letter from the chief 
financial officer specifies as having been derived from the latest year-
end financial statements of the owner or operator, and/or guarantor, 
with the amounts in such financial statements; and
    (ii) In connection with that comparison, no matters came to his 
attention which caused him to believe that the specified data should be 
adjusted.
    (d) To demonstrate that it meets the financial test under paragraph 
(b) or (c) of this section, the chief financial officer of the owner or 
operator, or guarantor, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter From Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator, or guarantor]. This letter is in support of the use 
of [insert: ``the financial test of self-insurance,'' and/or 
``guarantee''] to demonstrate financial responsibility for [insert: 
``taking corrective action'' and/or ``compensating third parties for 
bodily injury and property damage''] caused by [insert: ``sudden 
accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''] in the amount of at least [insert: dollar 
amount] per occurrence and [insert: dollar amount] annual aggregate 
arising from operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by 
this financial test or a financial test under an authorized State 
program by this [insert: ``owner or operator,'' and/or ``guarantor'']: 
[List for each facility: the name and address of the facility where 
tanks assured by this financial test are located, and whether tanks are 
assured by this financial test or a financial test under a State program 
approved under 40 CFR part 281. If separate mechanisms or combinations 
of mechanisms are being used to assure any of the tanks at this 
facility, list each tank assured by this financial test or a financial 
test under a State program authorized under 40 CFR part 281 by the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22 or the corresponding State requirements.]
    A [insert: ``financial test,'' and/or ``guarantee''] is also used by 
this [insert: ``owner or operator,'' or ``guarantor''] to demonstrate 
evidence of financial responsibility in the following amounts under 
other EPA regulations or state programs authorized by EPA under 40 CFR 
parts 271 and 145:

Closure (Sec. Sec. 264.143 and 265.143)...................      $____
Post-Closure Care (Sec. Sec. 264.145 and 265.145).........      $____
Liability Coverage (Sec. Sec. 264.147 and 265.147)........      $____
Corrective Action (Sec. 264.101(b))........................      $____
Plugging and Abandonment (Sec. 144.63).....................      $____
Closure......................................................      $____
Post-Closure Care............................................      $____
Liability Coverage...........................................      $____
Corrective Action............................................      $____
Plugging and Abandonment.....................................      $____
    Total....................................................      $____
 

    This [insert: ``owner or operator,'' or ``guarantor''] has not 
received an adverse opinion, a disclaimer of opinion, or a ``going 
concern'' qualification from an independent auditor on his financial 
statements for the latest completed fiscal year.
    [Fill in the information for Alternative I if the criteria of 
paragraph (b) of Sec. 280.95 are being used to demonstrate compliance 
with the financial test requirements. Fill in the information for 
Alternative II if the criteria of paragraph (c) of Sec. 280.95 are 
being used to demonstrate compliance with the financial test 
requirements.]

1. Amount of annual UST aggregate coverage being assured by a      $____
 financial test, and/or guarantee............................
2. Amount of corrective action, closure and post-closure care      $____
 costs, liability coverage, and plugging and abandonment
 costs covered by a financial test, and/or guarantee.........
3. Sum of lines 1 and 2......................................      $____
4. Total tangible assets.....................................      $____

[[Page 555]]

 
5. Total liabilities [if any of the amount reported on line 3      $____
 is included in total liabilities, you may deduct that amount
 from this line and add that amount to line 6]...............
6. Tangible net worth [subtract line 5 from line 4]..........      $____
 
                                                                  Yes No
7. Is line 6 at least $10 million?...........................      __ __
8. Is line 6 at least 10 times line 3?.......................      __ __
9. Have financial statements for the latest fiscal year been       __ __
 filed with the Securities and Exchange Commission?..........
10. Have financial statements for the latest fiscal year been      __ __
 filed with the Energy Information Administration?...........
11. Have financial statements for the latest fiscal year been      __ __
 filed with the Rural Utilities Service?.....................
12. Has financial information been provided to Dun and
 Bradstreet, and has Dun and Bradstreet provided a financial
 strength rating of 4A or 5A? [Answer ``Yes'' only if both
 criteria have been met.]....................................
                        Alternative II
1. Amount of annual UST aggregate coverage being assured by a      $____
 test, and/or guarantee......................................
2. Amount of corrective action, closure and post-closure care      $____
 costs, liability coverage, and plugging and abandonment
 costs covered by a financial test, and/or guarantee.........
3. Sum of lines 1 and 2......................................      $____
4. Total tangible assets.....................................      $____
5. Total liabilities [if any of the amount reported on line 3      $____
 is included in total liabilities, you may deduct that amount
 from this line and add that amount to line 6]...............
6. Tangible net worth [subtract line 5 from line 4]..........      $____
7. Total assets in the U.S. [required only if less than 90         $____
 percent of assets are located in the U.S.]..................
 
                                                                  Yes No
8. Is line 6 at least $10 million?...........................      __ __
                                                                   __ __
9. Is line 6 at least 6 times line 3?........................      __ __
10. Are at least 90 percent of assets located in the U.S.?         __ __
 [If ``No,'' complete line 11.]..............................
11. Is line 7 at least 6 times line 3? [Fill in either lines       __ __
 12-15 or lines 16-18:]......................................
                                                                  Yes No
12. Current assets...........................................      $____
13. Current liabilities......................................      $____
14. Net working capital [subtract line 13 from line 12]......      $____
 
                                                                  Yes No
15. Is line 14 at least 6 times line 3?......................      __ __
16. Current bond rating of most recent bond issue............      __ __
17. Name of rating service...................................      __ __
18. Date of maturity of bond.................................      __ __
19. Have financial statements for the latest fiscal year been      __ __
 filed with the SEC, the Energy Information Administration,
 or the Rural Utilities Service?.............................
 

    [If ``No,'' please attach a report from an independent certified 
public accountant certifying that there are no material differences 
between the data as reported in lines 4-18 above and the financial 
statements for the latest fiscal year.]
    [For both Alternative I and Alternative II complete the 
certification with this statement.]
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.95(d) as such regulations were 
constituted on the date shown immediately below.

[Signature]
[Name]
[Title]
[Date]

    (e) If an owner or operator using the test to provide financial 
assurance finds that he or she no longer meets the requirements of the 
financial test based on the year-end financial statements, the owner or 
operator must obtain alternative coverage within 150 days of the end of 
the year for which financial statements have been prepared.
    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the owner or operator, and/or 
guarantor. If the Director finds, on the basis of such reports or other 
information, that the owner or operator, and/or guarantor, no longer 
meets the financial test requirements of Sec. 280.95(b) or (c) and (d), 
the owner or operator must obtain alternate coverage within 30 days 
after notification of such a finding.
    (g) If the owner or operator fails to obtain alternate assurance 
within 150 days of finding that he or she no longer meets the 
requirements of the financial test based on the year-end financial 
statements, or within 30 days of notification by the Director of the 
implementing agency that he or she no longer meets the requirements of 
the financial test, the owner or operator must notify the Director of 
such failure within 10 days.



Sec. 280.96  Guarantee.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 by obtaining a guarantee that conforms to the requirements of 
this section. The guarantor must be:
    (1) A firm that:
    (i) Possesses a controlling interest in the owner or operator;

[[Page 556]]

    (ii) Possesses a controlling interest in a firm described under 
paragraph (a)(1)(i) of this section; or,
    (iii) Is controlled through stock ownership by a common parent firm 
that possesses a controlling interest in the owner or operator; or,
    (2) A firm engaged in a substantial business relationship with the 
owner or operator and issuing the guarantee as an act incident to that 
business relationship.
    (b) Within 120 days of the close of each financial reporting year 
the guarantor must demonstrate that it meets the financial test criteria 
of Sec. 280.95 based on year-end financial statements for the latest 
completed financial reporting year by completing the letter from the 
chief financial officer described in Sec. 280.95(d) and must deliver 
the letter to the owner or operator. If the guarantor fails to meet the 
requirements of the financial test at the end of any financial reporting 
year, within 120 days of the end of that financial reporting year the 
guarantor shall send by certified mail, before cancellation or 
nonrenewal of the guarantee, notice to the owner or operator. If the 
Director of the implementing agency notifies the guarantor that he no 
longer meets the requirements of the financial test of Sec. 280.95(b) 
or (c) and (d), the guarantor must notify the owner or operator within 
10 days of receiving such notification from the Director. In both cases, 
the guarantee will terminate no less than 120 days after the date the 
owner or operator receives the notification, as evidenced by the return 
receipt. The owner or operator must obtain alternative coverage as 
specified in Sec. 280.114(e).
    (c) The guarantee must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:
     Guarantee
    Guarantee made this [date] by [name of guaranteeing entity], a 
business entity organized under the laws of the state of [name of 
state], herein referred to as guarantor, to [the state implementing 
agency] and to any and all third parties, and obligees, on behalf of 
[owner or operator] of [business address].
     Recitals.
    (1) Guarantor meets or exceeds the financial test criteria of 40 CFR 
280.95(b) or (c) and (d) and agrees to comply with the requirements for 
guarantors as specified in 40 CFR 280.96(b).
    (2) [Owner or operator] owns or operates the following underground 
storage tank(s) covered by this guarantee: [List the number of tanks at 
each facility and the name(s) and address(es) of the facility(ies) where 
the tanks are located. If more than one instrument is used to assure 
different tanks at any one facility, for each tank covered by this 
instrument, list the tank identification number provided in the 
notification submitted pursuant to 40 CFR 280.22 or the corresponding 
state requirement, and the name and address of the facility.] This 
guarantee satisfies 40 CFR part 280, subpart H requirements for assuring 
funding for [insert: ``taking corrective action'' and/or ``compensating 
third parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the above-identified underground 
storage tank(s) in the amount of [insert dollar amount] per occurrence 
and [insert dollar amount] annual aggregate.
    (3) [Insert appropriate phrase: ``On behalf of our subsidiary'' (if 
guarantor is corporate parent of the owner or operator); ``On behalf of 
our affiliate'' (if guarantor is a related firm of the owner or 
operator); or ``Incident to our business relationship with'' (if 
guarantor is providing the guarantee as an incident to a substantial 
business relationship with owner or operator)] [owner or operator], 
guarantor guarantees to [implementing agency] and to any and all third 
parties that:
    In the event that [owner or operator] fails to provide alternative 
coverage within 60 days after receipt of a notice of cancellation of 
this guarantee and the [Director of the implementing agency] has 
determined or suspects that a release has occurred at an underground 
storage tank covered by this

[[Page 557]]

guarantee, the guarantor, upon instructions from the [Director], shall 
fund a standby trust fund in accordance with the provisions of 40 CFR 
280.112, in an amount not to exceed the coverage limits specified above.
    In the event that the [Director] determines that [owner or operator] 
has failed to perform corrective action for releases arising out of the 
operation of the above-identified tank(s) in accordance with 40 CFR part 
280, subpart F, the guarantor upon written instructions from the 
[Director] shall fund a standby trust in accordance with the provisions 
of 40 CFR 280.112, in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that if, at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet the 
financial test criteria of 40 CFR 280.95(b) or (c) and (d), guarantor 
shall send within 120 days of such failure, by certified mail, notice to 
[owner or operator]. The guarantee will terminate 120 days from the date 
of receipt of the notice by [owner or operator], as evidenced by the 
return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [owner or operator] must comply with the applicable financial 
responsibility requirements of 40 CFR part 280, subpart H for the above-
identified tank(s), except that guarantor may cancel this guarantee by 
sending notice by certified mail to [owner or operator], such 
cancellation to become effective no earlier than 120 days after receipt 
of such notice by [owner or operator], as evidenced by the return 
receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaded to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily damage or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.96(c) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:________________________

[Name of guarantor]

[Authorized signature for guarantor]

[Name of person signing]

[[Page 558]]


[Title of person signing]
________________________________________________________________________


Signature of witness or notary:

    (d) An owner or operator who uses a guarantee to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when 
the guarantee is obtained. Under the terms of the guarantee, all amounts 
paid by the guarantor under the guarantee will be deposited directly 
into the standby trust fund in accordance with instructions from the 
Director of the implementing agency under Sec. 280.112. This standby 
trust fund must meet the requirements specified in Sec. 280.103.



Sec. 280.97  Insurance and risk retention group coverage.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 by obtaining liability insurance that conforms to the 
requirements of this section from a qualified insurer or risk retention 
group. Such insurance may be in the form of a separate insurance policy 
or an endorsement to an existing insurance policy.
    (b) Each insurance policy must be amended by an endorsement worded 
as specified in paragraph (b)(1) of this section, or evidenced by a 
certificate of insurance worded as specified in paragraph (b)(2) of this 
section, except that instructions in brackets must be replaced with the 
relevant information and the brackets deleted:

    (1) Endorsement.

Name: [name of each covered location]
________________________________________________________________________
________________________________________________________________________

Address: [address of each covered location]
________________________________________________________________________
________________________________________________________________________

Policy Number:
________________________________________________________________________
________________________________________________________________________

Period of Coverage: [current policy period]
________________________________________________________________________
________________________________________________________________________

________________________________________________________________________
________________________________________________________________________

Address of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________

Name of Insured:
________________________________________________________________________
________________________________________________________________________

Address of Insured:
________________________________________________________________________
________________________________________________________________________

     Endorsement:

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering the 
following underground storage tanks:
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.] for [insert: ``taking corrective action'' and/
or ``compensating third parties for bodily injury and property damage 
caused by'' either ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''; in accordance with and 
subject to the limits of liability, exclusions, conditions, and other 
terms of the policy; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the underground storage tank(s) 
identified above.
    The limits of liability are [insert the dollar amount of the ``each 
Occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    2. The insurance afforded with respect to such occurrences is 
subject to all of the terms and conditions of the policy; provided, 
however, that any

[[Page 559]]

provisions inconsistent with subsections (a) through (e) of this 
Paragraph 2 are hereby amended to conform with subsections (a) through 
(e);
    a. Bankruptcy or insolvency of the insured shall not relieve the 
[``Insurer'' or ``Group''] of its obligations under the policy to which 
this endorsement is attached.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102 and 280.104-280.107.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director] a signed 
duplicate original of the policy and all endorsements.
    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, will be effective only upon written 
notice and only after the expiration of 60 days after a copy of such 
written notice is received by the insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.

[Insert for claims-made policies:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(1) and that the [``Insurer'' or 
``Group''] is [``licensed to transact the business of insurance or 
eligible to provide insurance as an excess or surplus lines insurer in 
one or more states''].

[Signature of authorized representative of Insurer or Risk Retention 
Group]
[Name of person signing]
[Title of person signing], Authorized Representative of [name of Insurer 
or Risk Retention Group]

[Address of Representative]

    (2) Certificate of Insurance.

Name: [name of each covered location]
________________________________________________________________________
________________________________________________________________________

Address: [address of each covered location]
________________________________________________________________________
________________________________________________________________________

Policy Number:
________________________________________________________________________
________________________________________________________________________
Endorsement (if applicable):
________________________________________________________________________
________________________________________________________________________
Period of Coverage: [current policy period]
________________________________________________________________________
________________________________________________________________________
Name of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Address of [Insurer or Risk Retention Group]:
________________________________________________________________________
________________________________________________________________________
Name of Insured:
________________________________________________________________________
________________________________________________________________________
Address of Insured:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

     Certification:

    1. [Name of Insurer or Risk Retention Group], [the ``Insurer'' or 
``Group''], as identified above, hereby certifies that it has issued 
liability insurance covering the following underground storage tank(s):

[[Page 560]]

    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.] for [insert: ``taking corrective action'' and/
or ``compensating third parties for bodily injury and property damage 
caused by'' either ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''; in accordance with and 
subject to the limits of liability, exclusions, conditions, and other 
terms of the policy; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the underground storage tank(s) 
identified above.
    The limits of liability are [insert the dollar amount of the ``each 
occurrence'' and ``annual aggregate'' limits of the Insurer's or Group's 
liability; if the amount of coverage is different for different types of 
coverage or for different underground storage tanks or locations, 
indicate the amount of coverage for each type of coverage and/or for 
each underground storage tank or location], exclusive of legal defense 
costs, which are subject to a separate limit under the policy. This 
coverage is provided under [policy number]. The effective date of said 
policy is [date].
    2. The [``Insurer'' or ``Group''] further certifies the following 
with respect to the insurance described in Paragraph 1:
    a. Bankruptcy or insolvency of the insured shall not relieve the 
[``Insurer'' or ``Group''] of its obligations under the policy to which 
this certificate applies.
    b. The [``Insurer'' or ``Group''] is liable for the payment of 
amounts within any deductible applicable to the policy to the provider 
of corrective action or a damaged third-party, with a right of 
reimbursement by the insured for any such payment made by the 
[``Insurer'' or ``Group'']. This provision does not apply with respect 
to that amount of any deductible for which coverage is demonstrated 
under another mechanism or combination of mechanisms as specified in 40 
CFR 280.95-280.102 and 280.104-280.107.
    c. Whenever requested by [a Director of an implementing agency], the 
[``Insurer'' or ``Group''] agrees to furnish to [the Director] a signed 
duplicate original of the policy and all endorsements.
    d. Cancellation or any other termination of the insurance by the 
[``Insurer'' or ``Group''], except for non-payment of premium or 
misrepresentation by the insured, will be effective only upon written 
notice and only after the expiration of 60 days after a copy of such 
written notice is received by the insured. Cancellation for non-payment 
of premium or misrepresentation by the insured will be effective only 
upon written notice and only after expiration of a minimum of 10 days 
after a copy of such written notice is received by the insured.
    [Insert for claims-made policies]:
    e. The insurance covers claims otherwise covered by the policy that 
are reported to the [``Insurer'' or ``Group''] within six months of the 
effective date of cancellation or non-renewal of the policy except where 
the new or renewed policy has the same retroactive date or a retroactive 
date earlier than that of the prior policy, and which arise out of any 
covered occurrence that commenced after the policy retroactive date, if 
applicable, and prior to such policy renewal or termination date. Claims 
reported during such extended reporting period are subject to the terms, 
conditions, limits, including limits of liability, and exclusions of the 
policy.]
    I hereby certify that the wording of this instrument is identical to 
the wording in 40 CFR 280.97(b)(2) and that the [``Insurer'' or 
``Group''] is [``licensed to transact the business of insurance, or 
eligible to provide insurance as an excess or surplus lines insurer, in 
one or more states''].

[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer or Risk Retention 
Group]
[Address of Representative]


[[Page 561]]


    (c) Each insurance policy must be issued by an insurer or a risk 
retention group that, at a minimum, is licensed to transact the business 
of insurance or eligible to provide insurance as an excess or surplus 
lines insurer in one or more states.



Sec. 280.98  Surety bond.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 by obtaining a surety bond that conforms to the requirements of 
this section. The surety company issuing the bond must be among those 
listed as acceptable sureties on federal bonds in the latest Circular 
570 of the U.S. Department of the Treasury.
    (b) The surety bond must be worded as follows, except that 
instructions in brackets must be replaced with the relevant information 
and the brackets deleted:

                            Performance Bond

Date bond executed:
________________________________________________________________________

Period of coverage:
________________________________________________________________________

Principal: [legal name and business address of owner or operator]
________________________________________________________________________

Type of organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
________________________________________________________________________

State of incorporation (if applicable):
________________________________________________________________________

Surety(ies): [name(s) and business address(es)]
________________________________________________________________________

Scope of Coverage: [List the number of tanks at each facility and the 
name(s) and address(es) of the facility(ies) where the tanks are 
located. If more than one instrument is used to assure different tanks 
at any one facility, for each tank covered by this instrument, list the 
tank identification number provided in the notification submitted 
pursuant to 40 CFR 280.22, or the corresponding state requirement, and 
the name and address of the facility. List the coverage guaranteed by 
the bond: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases'' ``arising from operating the underground storage 
Tank''].

    Penal sums of bond:

Per occurrence $
________________________________________________________________________

Annual aggregate $
________________________________________________________________________

Surety's bond number:
________________________________________________________________________

    Know All Persons by These Presents, that we, the Principal and 
Surety(ies), hereto are firmly bound to [the implementing agency], in 
the above penal sums for the payment of which we bind ourselves, our 
heirs, executors, administrators, successors, and assigns jointly and 
severally; provided that, where the Surety(ies) are corporations acting 
as co-sureties, we, the Sureties, bind ourselves in such sums jointly 
and severally only for the purpose of allowing a joint action or actions 
against any or all of us, and for all other purposes each Surety binds 
itself, jointly and severally with the Principal, for the payment of 
such sums only as is set forth opposite the name of such Surety, but if 
no limit of liability is indicated, the limit of liability shall be the 
full amount of the penal sums.
    Whereas said Principal is required under Subtitle I of the Solid 
Waste Disposal Act, as amended, to provide financial assurance for 
[insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage caused by'' either 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''; if coverage is different for different tanks or 
locations, indicate the type of coverage applicable to each tank or 
location] arising from operating the underground storage tanks 
identified above, and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, therefore, the conditions of the obligation are such that if 
the Principal shall faithfully [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director of the

[[Page 562]]

state implementing agency's instructions for,'' and/or ``compensate 
injured third parties for bodily injury and property damage caused by'' 
either ``sudden accidental releases'' or ``nonsudden accidental 
releases'' or ``accidental releases''] arising from operating the 
tank(s) identified above, or if the Principal shall provide alternate 
financial assurance, as specified in 40 CFR part 280, subpart H, within 
120 days after the date the notice of cancellation is received by the 
Principal from the Surety(ies), then this obligation shall be null and 
void; otherwise it is to remain in full force and effect.
    Such obligation does not apply to any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above.
    Upon notification by [the Director of the implementing agency] that 
the Principal has failed to [``take corrective action, in accordance 
with 40 CFR part 280, subpart F and the Director's instructions,'' and/
or ``compensate injured third parties''] as guaranteed by this bond, the 
Surety(ies) shall either perform [``corrective action in accordance with 
40 CFR part 280 and the Director's instructions,'' and/or ``third-party 
liability compensation''] or place funds in an amount up to the annual 
aggregate penal sum into the standby trust fund as directed by [the 
Regional Administrator or the Director] under 40 CFR 280.112.
    Upon notification by [the Director] that the Principal has failed to 
provide alternate financial assurance within 60 days after the date the 
notice of cancellation is received by the Principal from the Surety(ies) 
and that [the Director] has determined or suspects that a release has 
occurred, the Surety(ies) shall place funds in an amount not exceeding 
the annual aggregate penal sum into the standby trust fund as directed 
by [the Director] under 40 CFR 280.112.
    The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules, and regulations and agrees that no 
such amendment shall in any way alleviate its (their) obligation on this 
bond.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the annual aggregate to the penal 
sum shown on the face of the bond, but in no event shall the obligation 
of the Surety(ies) hereunder exceed the amount of said annual aggregate 
penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal, provided, however, that 
cancellation shall not occur during the 120 days beginning on the date 
of receipt of the notice of cancellation by the Principal, as evidenced 
by the return receipt.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies).
    In Witness Thereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety

[[Page 563]]

bond is identical to the wording specified in 40 CFR 280.98(b) as such 
regulations were constituted on the date this bond was executed.

                                Principal

[Signature(s)]
[Names(s)]
[Title(s)]
[Corporate seal]

                          Corporate Surety(ies)

[Name and address]
[State of Incorporation: ________]
[Liability limit: $ ________]
[Signature(s)]
[Names(s) and title(s)]
[Corporate seal]

    [For every co-surety, provide signature(s), corporate seal, and 
other information in the same manner as for Surety above.]

Bond premium: $ ________

    (c) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond. In all cases, the surety's liability is limited 
to the per-occurrence and annual aggregate penal sums.
    (d) The owner or operator who uses a surety bond to satisfy the 
requirements of Sec. 280.93 must establish a standby trust fund when 
the surety bond is acquired. Under the terms of the bond, all amounts 
paid by the surety under the bond will be deposited directly into the 
standby trust fund in accordance with instructions from the Director 
under Sec. 280.112. This standby trust fund must meet the requirements 
specified in Sec. 280.103.



Sec. 280.99  Letter of credit.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 by obtaining an irrevocable standby letter of credit that 
conforms to the requirements of this section. The issuing institution 
must be an entity that has the authority to issue letters of credit in 
each state where used and whose letter-of-credit operations are 
regulated and examined by a federal or state agency.
    (b) The letter of credit must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                  Irrevocable Standby Letter of Credit

[Name and address of issuing institution]
[Name and address of Director(s) of state implementing agency(ies)]

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ____ in your favor, at the request and for the 
account of [owner or operator name] of [address] up to the aggregate 
amount of [in words] U.S. dollars ($[insert dollar amount]), available 
upon presentation [insert, if more than one Director of a state 
implementing agency is a beneficiary, ``by any one of you''] of
    (1) your sight draft, bearing reference to this letter of credit, 
No. ____ and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable pursuant to regulations issued under 
authority of Subtitle I of the Solid Waste Disposal Act, as amended.''
    This letter of credit may be drawn on to cover [insert: ``taking 
corrective action'' and/or ``compensating third parties for bodily 
injury and property damage caused by'' either ``sudden accidental 
releases'' or ``nonsudden accidental releases'' or ``accidental 
releases''] arising from operating the underground storage tank(s) 
identified below in the amount of [in words] $[insert dollar amount] per 
occurrence and [in words] $[insert dollar amount] annual aggregate:
    [List the number of tanks at each facility and the name(s) and 
address(es) of the facility(ies) where the tanks are located. If more 
than one instrument is used to assure different tanks at any one 
facility, for each tank covered by this instrument, list the tank 
identification number provided in the notification submitted pursuant to 
40 CFR 280.22, or the corresponding state requirement, and the name and 
address of the facility.]
    The letter of credit may not be drawn on to cover any of the 
following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;

[[Page 564]]

    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of, employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    This letter of credit is effective as of [date] and shall expire on 
[date], but such expiration date shall be automatically extended for a 
period of [at least the length of the original term] on [expiration 
date] and on each successive expiration date, unless, at least 120 days 
before the current expiration date, we notify [owner or operator] by 
certified mail that we have decided not to extend this letter of credit 
beyond the current expiration date. In the event that [owner or 
operator] is so notified, any unused portion of the credit shall be 
available upon presentation of your sight draft for 120 days after the 
date of receipt by [owner or operator], as shown on the signed return 
receipt.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner or operator] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 280.99(b) as such regulations were 
constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution]
[Date]

    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].
    (c) An owner or operator who uses a letter of credit to satisfy the 
requirements of Sec. 280.93 must also establish a standby trust fund 
when the letter of credit is acquired. Under the terms of the letter of 
credit, all amounts paid pursuant to a draft by the Director of the 
implementing agency will be deposited by the issuing institution 
directly into the standby trust fund in accordance with instructions 
from the Director under Sec. 280.112. This standby trust fund must meet 
the requirements specified in Sec. 280.103.
    (d) The letter of credit must be irrevocable with a term specified 
by the issuing institution. The letter of credit must provide that 
credit be automatically renewed for the same term as the original term, 
unless, at least 120 days before the current expiration date, the 
issuing institution notifies the owner or operator by certified mail of 
its decision not to renew the letter of credit. Under the terms of the 
letter of credit, the 120 days will begin on the date when the owner or 
operator receives the notice, as evidenced by the return receipt.



Sec. 280.100  Use of state-required mechanism.

    (a) For underground storage tanks located in a state that does not 
have an approved program, and where the state requires owners or 
operators of underground storage tanks to demonstrate financial 
responsibility for taking corrective action and/or for compensating 
third parties for bodily injury and property damage, an owner or 
operator may use a state-required financial mechanism to meet the 
requirements of Sec. 280.93 if the Regional Administrator determines 
that the state mechanism is at least equivalent to the financial 
mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state-required mechanism principally in terms of: certainty of the 
availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made

[[Page 565]]

available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state, an owner or operator, or any other interested party 
may submit to the Regional Administrator a written petition requesting 
that one or more of the state-required mechanisms be considered 
acceptable for meeting the requirements of Sec. 280.93. The submission 
must include copies of the appropriate state statutory and regulatory 
requirements and must show the amount of funds for corrective action 
and/or for compensating third parties assured by the mechanism(s). The 
Regional Administrator may require the petitioner to submit additional 
information as is deemed necessary to make this determination.
    (d) Any petition under this section may be submitted on behalf of 
all of the state's underground storage tank owners and operators.
    (e) The Regional Administrator will notify the petitioner of his 
determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. Pending this 
determination, the owners and operators using such mechanisms will be 
deemed to be in compliance with the requirements of Sec. 280.93 for 
underground storage tanks located in the state for the amounts and types 
of costs covered by such mechanisms.



Sec. 280.101  State fund or other state assurance.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 for underground storage tanks located in a state, where EPA is 
administering the requirements of this subpart, which assures that 
monies will be available from a state fund or state assurance program to 
cover costs up to the limits specified in Sec. 280.93 or otherwise 
assures that such costs will be paid if the Regional Administrator 
determines that the state's assurance is at least equivalent to the 
financial mechanisms specified in this subpart.
    (b) The Regional Administrator will evaluate the equivalency of a 
state fund or other state assurance principally in terms of: Certainty 
of the availability of funds for taking corrective action and/or for 
compensating third parties; the amount of funds that will be made 
available; and the types of costs covered. The Regional Administrator 
may also consider other factors as is necessary.
    (c) The state must submit to the Regional Administrator a 
description of the state fund or other state assurance to be supplied as 
financial assurance, along with a list of the classes of underground 
storage tanks to which the funds may be applied. The Regional 
Administrator may require the state to submit additional information as 
is deemed necessary to make a determination regarding the acceptability 
of the state fund or other state assurance. Pending the determination by 
the Regional Administrator, the owner or operator of a covered class of 
USTs will be deemed to be in compliance with the requirements of Sec. 
280.93 for the amounts and types of costs covered by the state fund or 
other state assurance.
    (d) The Regional Administrator will notify the state of his 
determination regarding the acceptability of the state's fund or other 
assurance in lieu of financial mechanisms specified in this subpart. 
Within 60 days after the Regional Administrator notifies a state that a 
state fund or other state assurance is acceptable, the state must 
provide to each owner or operator for which it is assuming financial 
responsibility a letter or certificate describing the nature of the 
state's assumption of responsibility. The letter or certificate from the 
state must include, or have attached to it, the following information: 
the facility's name and address and the amount of funds for corrective 
action and/or for compensating third parties that is assured by the 
state. The owner or operator must maintain this letter or certificate on 
file as proof of financial responsibility in accordance with Sec. 
280.111(b)(8).



Sec. 280.102  Trust fund.

    (a) An owner or operator may satisfy the requirements of Sec. 
280.93 by establishing a trust fund that conforms to the requirements of 
this section. The trustee must be an entity that has the authority to 
act as a trustee and whose

[[Page 566]]

trust operations are regulated and examined by a federal agency or an 
agency of the state in which the fund is established.
    (b) The wording of the trust agreement must be identical to the 
wording specified in Sec. 280.103(b)(1), and must be accompanied by a 
formal certification of acknowledgement as specified in Sec. 
280.103(b)(2).
    (c) The trust fund, when established, must be funded for the full 
required amount of coverage, or funded for part of the required amount 
of coverage and used in combination with other mechanism(s) that provide 
the remaining required coverage.
    (d) If the value of the trust fund is greater than the required 
amount of coverage, the owner or operator may submit a written request 
to the Director of the implementing agency for release of the excess.
    (e) If other financial assurance as specified in this subpart is 
substituted for all or part of the trust fund, the owner or operator may 
submit a written request to the Director of the implementing agency for 
release of the excess.
    (f) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (d) or (e) of 
this section, the Director of the implementing agency will instruct the 
trustee to release to the owner or operator such funds as the Director 
specifies in writing.



Sec. 280.103  Standby trust fund.

    (a) An owner or operator using any one of the mechanisms authorized 
by Sec. Sec. 280.96, 280.98, or 280.99 must establish a standby trust 
fund when the mechanism is acquired. The trustee of the standby trust 
fund must be an entity that has the authority to act as a trustee and 
whose trust operations are regulated and examined by a Federal agency or 
an agency of the state in which the fund is established.
    (b)(1) The standby trust agreement, or trust agreement, must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                             Trust Agreement

    Trust agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of state] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``Incorporated in the state of ______ '' or ``a national 
bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of an underground storage tank shall provide assurance that 
funds will be available when needed for corrective action and third-
party compensation for bodily injury and property damage caused by 
sudden and nonsudden accidental releases arising from the operation of 
the underground storage tank. The attached Schedule A lists the number 
of tanks at each facility and the name(s) and address(es) of the 
facility(ies) where the tanks are located that are covered by the 
[insert ``standby'' where trust agreement is standby trust agreement] 
trust agreement.
    [Whereas, the Grantor has elected to establish [insert either ``a 
guarantee,'' ``surety bond,'' or ``letter of credit''] to provide all or 
part of such financial assurance for the underground storage tanks 
identified herein and is required to establish a standby trust fund able 
to accept payments from the instrument (This paragraph is only 
applicable to the standby trust agreement.)];
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee;
    Now, therefore, the Grantor and the Trustee agree as follows:

                         Section 1. Definitions

    As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.

[[Page 567]]

     Section 2. Identification of the Financial Assurance Mechanism

    This Agreement pertains to the [identify the financial assurance 
mechanism, either a guarantee, surety bond, or letter of credit, from 
which the standby trust fund is established to receive payments (This 
paragraph is only applicable to the standby trust agreement.)].

                    Section 3. Establishment of Fund

    The Grantor and the Trustee hereby establish a trust fund, the 
``Fund,'' for the benefit of [implementing agency]. The Grantor and the 
Trustee intend that no third party have access to the Fund except as 
herein provided. [The Fund is established initially as a standby to 
receive payments and shall not consist of any property.] Payments made 
by the provider of financial assurance pursuant to [the Director of the 
implementing agency's] instruction are transferred to the Trustee and 
are referred to as the Fund, together with all earnings and profits 
thereon, less any payments or distributions made by the Trustee pursuant 
to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as 
hereinafter provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor as provider of financial assurance, any 
payments necessary to discharge any liability of the Grantor established 
by [the state implementing agency]

   Section 4. Payment for [``Corrective Action'' and/or ``Third-Party 
                           Liability Claims'']

    The Trustee shall make payments from the Fund as [the Director of 
the implementing agency] shall direct, in writing, to provide for the 
payment of the costs of [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage 
caused by'' either ``sudden accidental releases'' or ``nonsudden 
accidental Releases'' or ``accidental releases''] arising from operating 
the tanks covered by the financial assurance mechanism identified in 
this Agreement.
    The Fund may not be drawn upon to cover any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] 
arising from, and in the course of employment by [insert owner or 
operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert owner or operator] 
that is not the direct result of a release from a petroleum underground 
storage tank;
    (e) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    The Trustee shall reimburse the Grantor, or other persons as 
specified by [the Director], from the Fund for corrective action 
expenditures and/or third-party liability claims in such amounts as [the 
Director] shall direct in writing. In addition, the Trustee shall refund 
to the Grantor such amounts as [the Director] specifies in writing. Upon 
refund, such funds shall no longer constitute part of the Fund as 
defined herein.

                 Section 5. Payments Comprising the Fund

    Payments made to the Trustee for the Fund shall consist of cash and 
securities acceptable to the Trustee.

                      Section 6. Trustee Management

    The Trustee shall invest and reinvest the principal and income of 
the Fund and keep the Fund invested as a single fund, without 
distinction between principal and income, in accordance with general 
investment policies and guidelines which the Grantor may communicate in 
writing to the Trustee from time to time, subject, however, to the 
provisions of this Section. In investing,

[[Page 568]]

reinvesting, exchanging, selling, and managing the Fund, the Trustee 
shall discharge his duties with respect to the trust fund solely in the 
interest of the beneficiaries and with the care, skill, prudence, and 
diligence under the circumstances then prevailing which persons of 
prudence, acting in a like capacity and familiar with such matters, 
would use in the conduct of an enterprise of a like character and with 
like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the tanks, or any of their affiliates as defined in 
the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2(a), 
shall not be acquired or held, unless they are securities or other 
obligations of the federal or a state government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
federal or state government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.

                  Section 7. Commingling and Investment

    The Trustee is expressly authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.

                  Section 8. Express Powers of Trustee

    Without in any way limiting the powers and discretions conferred 
upon the Trustee by the other provisions of this Agreement or by law, 
the Trustee is expressly authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States 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,

[[Page 569]]

including fees for legal services rendered to the Trustee, the 
compensation of the Trustee to the extent not paid directly by the 
Grantor, and all other proper charges and disbursements of the Trustee 
shall be paid from the Fund.

                      Section 10. Advice of Counsel

    The Trustee may from time to time consult with counsel, who may be 
counsel to the Grantor, with respect to any questions arising as to the 
construction of this Agreement or any action to be taken hereunder. The 
Trustee shall be fully protected, to the extent permitted by law, in 
acting upon the advice of counsel.

                    Section 11. Trustee Compensation

    The Trustee shall be entitled to reasonable compensation for its 
services as agreed upon in writing from time to time with the Grantor.

                      Section 12. Successor Trustee

    The Trustee may resign or the Grantor may replace the Trustee, but 
such resignation or replacement shall not be effective until the Grantor 
has appointed a successor trustee and this successor accepts the 
appointment. The successor trustee shall have the same powers and duties 
as those conferred upon the Trustee hereunder. Upon the successor 
trustee's acceptance of the appointment, the Trustee shall assign, 
transfer, and pay over to the successor trustee the funds and properties 
then constituting the Fund. If for any reason the Grantor cannot or does 
not act in the event of the resignation of the Trustee, the Trustee may 
apply to a court of competent jurisdiction for the appointment of a 
successor trustee or for instructions. The successor trustee shall 
specify the date on which it assumes administration of the trust in 
writing sent to the Grantor and the present Trustee by certified mail 10 
days before such change becomes effective. Any expenses incurred by the 
Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.

                 Section 13. Instructions to the Trustee

    All orders, requests, and instructions by the Grantor to the Trustee 
shall be in writing, signed by such persons as are designated in the 
attached Schedule B or such other designees as the Grantor may designate 
by amendment to Schedule B. The Trustee shall be fully protected in 
acting without inquiry in accordance with the Grantor's orders, 
requests, and instructions. All orders, requests, and instructions by 
[the Director of the implementing agency] to the Trustee shall be in 
writing, signed by [the Director], and the Trustee shall act and shall 
be fully protected in acting in accordance with such orders, requests, 
and instructions. The Trustee shall have the right to assume, in the 
absence of written notice to the contrary, that no event constituting a 
change or a termination of the authority of any person to act on behalf 
of the Grantor or [the director] hereunder has occurred. The Trustee 
shall have no duty to act in the absence of such orders, requests, and 
instructions from the Grantor and/or [the Director], except as provided 
for herein.

                   Section 14. Amendment of Agreement

    This Agreement may be amended by an instrument in writing executed 
by the Grantor and the Trustee, or by the Trustee and [the Director of 
the implementing agency] if the Grantor ceases to exist.

               Section 15. Irrevocability and Termination

    Subject to the right of the parties to amend this Agreement as 
provided in Section 14, this Trust shall be irrevocable and shall 
continue until terminated at the written direction of the Grantor and 
the Trustee, or by the Trustee and [the Director of the implementing 
agency], if the Grantor ceases to exist. Upon termination of the Trust, 
all remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.

[[Page 570]]

                Section 16. Immunity and Indemnification

    The Trustee shall not incur personal liability of any nature in 
connection with any act or omission, made in good faith, in the 
administration of this Trust, or in carrying out any directions by the 
Grantor or [the Director of the implementing agency] issued in 
accordance with this Agreement. The Trustee shall be indemnified and 
saved harmless by the Grantor, from and against any personal liability 
to which the Trustee may be subjected by reason of any act or conduct in 
its official capacity, including all expenses reasonably incurred in its 
defense in the event the Grantor fails to provide such defense.

                        Section 17. Choice of Law

    This Agreement shall be administered, construed, and enforced 
according to the laws of the state of [insert name of state], or the 
Comptroller of the Currency in the case of National Association banks.

                       Section 18. Interpretation

    As used in this Agreement, words in the singular include the plural 
and words in the plural include the singular. The descriptive headings 
for each section of this Agreement shall not affect the interpretation 
or the legal efficacy of this Agreement.
    In Witness whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals (if applicable) to be hereunto affixed and attested as 
of the date first above written. The parties below certify that the 
wording of this Agreement is identical to the wording specified in 40 
CFR 280.103(b)(1) as such regulations were constituted on the date 
written above.
[Signature of Grantor]

[Name of the Grantor]

[Title]

Attest:

[Signature of Trustee]
[Name of the Trustee]
[Title]
[Seal]
[Signature of Witness]
[Name of the Witness]
[Title]
[Seal]

    (2) The standby trust agreement, or trust agreement must be 
accompanied by a formal certification of acknowledgement similar to the 
following. State requirements may differ on the proper content of this 
acknowledgment.

State of
________________________________________________________________________

County of
________________________________________________________________________

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

[Signature of Notary Public]
[Name of Notary Public]

    (c) The Director of the implementing agency will instruct the 
trustee to refund the balance of the standby trust fund to the provider 
of financial assurance if the Director determines that no additional 
corrective action costs or third-party liability claims will occur as a 
result of a release covered by the financial assurance mechanism for 
which the standby trust fund was established.
    (d) An owner or operator may establish one trust fund as the 
depository mechanism for all funds assured in compliance with this rule.



Sec. 280.104  Local government bond rating test.

    (a) A general purpose local government owner or operator and/or 
local government serving as a guarantor may satisfy the requirements of 
Sec. 280.93 by having a currently outstanding issue or issues of 
general obligation bonds of $1 million or more, excluding refunded 
obligations, with a Moody's rating of Aaa, Aa, A, or Baa, or a Standard 
& Poor's rating of AAA, AA, A, or BBB. Where a local government

[[Page 571]]

has multiple outstanding issues, or where a local government's bonds are 
rated by both Moody's and Standard and Poor's, the lowest rating must be 
used to determine eligibility. Bonds that are backed by credit 
enhancement other than municipal bond insurance may not be considered in 
determining the amount of applicable bonds outstanding.
    (b) A local government owner or operator or local government serving 
as a guarantor that is not a general-purpose local government and does 
not have the legal authority to issue general obligation bonds may 
satisfy the requirements of Sec. 280.93 by having a currently 
outstanding issue or issues of revenue bonds of $1 million or more, 
excluding refunded issues, and by also having a Moody's rating of Aaa, 
Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as 
the lowest rating for any rated revenue bond issued by the local 
government. Where bonds are rated by both Moody's and Standard & Poor's, 
the lower rating for each bond must be used to determine eligibility. 
Bonds that are backed by credit enhancement may not be considered in 
determining the amount of applicable bonds outstanding.
    (c) The local government owner or operator and/or guarantor must 
maintain a copy of its bond rating published within the last 12 months 
by Moody's or Standard & Poor's.
    (d) To demonstrate that it meets the local government bond rating 
test, the chief financial officer of a general purpose local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''] in the amount of at 
least [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate arising from operating (an) underground storage 
tank(s).
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding bond issues that are 
being used by [name of local government owner or operator, or guarantor] 
to demonstrate financial responsibility are as follows:

----------------------------------------------------------------------------------------------------------------
           Issue date               Maturity date      Outstanding amount      Bond rating       Rating agency
----------------------------------------------------------------------------------------------------------------
                                 ...................  ...................      [Moody's or Standard & Poor's]
----------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding general obligation bonds issued by this government that have 
been rated by Moody's or Standard & Poor's are rated as at least 
investment grade (Moody's Baa or Standard & Poor's BBB) based on the 
most recent ratings published within the last 12 months. Neither rating 
service has provided notification within the last 12 months of 
downgrading of bond ratings below investment grade or of withdrawal of 
bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.104(d) as such regulations were 
constituted on the date shown immediately below.

[Date]

[Signature]

[Name]

[Title]


[[Page 572]]


    (e) To demonstrate that it meets the local government bond rating 
test, the chief financial officer of local government owner or operator 
and/or guarantor other than a general purpose government must sign a 
letter worded exactly as follows, except that the instructions in 
brackets are to be replaced by the relevant information and the brackets 
deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the bond rating test to demonstrate financial 
responsibility for [insert: ``taking corrective action'' and/or 
``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''] in the amount of at 
least [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate arising from operating (an) underground storage 
tank(s). This local government is not organized to provide general 
governmental services and does not have the legal authority under state 
law or constitutional provisions to issue general obligation debt.
    Underground storage tanks at the following facilities are assured by 
this bond rating test: [List for each facility: the name and address of 
the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond 
rating, and bond rating agency of all outstanding revenue bond issues 
that are being used by [name of local government owner or operator, or 
guarantor] to demonstrate financial responsibility are as follows:

----------------------------------------------------------------------------------------------------------------
           Issue date               Maturity date      Outstanding amount      Bond rating       Rating agency
----------------------------------------------------------------------------------------------------------------
                                 ...................  ...................      [Moody's or Standard & Poor's]
----------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding 
refunded bond issues, exceeds the minimum amount of $1 million. All 
outstanding revenue bonds issued by this government that have been rated 
by Moody's or Standard & Poor's are rated as at least investment grade 
(Moody's Baa or Standard & Poor's BBB) based on the most recent ratings 
published within the last 12 months. The revenue bonds listed are not 
backed by third-party credit enhancement or insured by a municipal bond 
insurance company. Neither rating service has provided notification 
within the last 12 months of downgrading of bond ratings below 
investment grade or of withdrawal of bond rating other than for 
repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.104(e) as such regulations were 
constituted on the date shown immediately below.

[Date]

[Signature]

[Name]

[Title]

    (f) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator, and/or local government guarantor. If the Director finds, on 
the basis of such reports or other information, that the local 
government owner or operator, and/or guarantor, no longer meets the 
local government bond rating test requirements of Sec. 280.104, the 
local government owner or operator must obtain alternative coverage 
within 30 days after notification of such a finding.
    (g) If a local government owner or operator using the bond rating 
test to provide financial assurance finds that it no longer meets the 
bond rating test requirements, the local government owner or operator 
must obtain alternative coverage within 150 days of the change in 
status.
    (h) If the local government owner or operator fails to obtain 
alternate assurance within 150 days of finding that it no longer meets 
the requirements of the bond rating test or within 30 days

[[Page 573]]

of notification by the Director of the implementing agency that it no 
longer meets the requirements of the bond rating test, the owner or 
operator must notify the Director of such failure within 10 days.



Sec. 280.105  Local government financial test.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by passing the financial test specified in 
this section. To be eligible to use the financial test, the local 
government owner or operator must have the ability and authority to 
assess and levy taxes or to freely establish fees and charges. To pass 
the local government financial test, the owner or operator must meet the 
criteria of paragraphs (b)(2) and (3) of this section based on year-end 
financial statements for the latest completed fiscal year.
    (b)(1) The local government owner or operator must have the 
following information available, as shown in the year-end financial 
statements for the latest completed fiscal year:
    (i) Total revenues. Consists of the sum of general fund operating 
and non-operating revenues including net local taxes, licenses and 
permits, fines and forfeitures, revenues from use of money and property, 
charges for services, investment earnings, sales (property, 
publications, etc.), intergovernmental revenues (restricted and 
unrestricted), and total revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity. For purposes of this test, the calculation of total revenues 
shall exclude all transfers between funds under the direct control of 
the local government using the financial test (interfund transfers), 
liquidation of investments, and issuance of debt.
    (ii) Total expenditures. Consists of the sum of general fund 
operating and non-operating expenditures including public safety, public 
utilities, transportation, public works, environmental protection, 
cultural and recreational, community development, revenue sharing, 
employee benefits and compensation, office management, planning and 
zoning, capital projects, interest payments on debt, payments for 
retirement of debt principal, and total expenditures from all other 
governmental funds including enterprise, debt service, capital projects, 
and special revenues. For purposes of this test, the calculation of 
total expenditures shall exclude all transfers between funds under the 
direct control of the local government using the financial test 
(interfund transfers).
    (iii) Local revenues. Consists of total revenues (as defined in 
paragraph (b)(1)(i) of this section) minus the sum of all transfers from 
other governmental entities, including all monies received from Federal, 
state, or local government sources.
    (iv) Debt service. Consists of the sum of all interest and principal 
payments on all long-term credit obligations and all interest-bearing 
short-term credit obligations. Includes interest and principal payments 
on general obligation bonds, revenue bonds, notes, mortgages, judgments, 
and interest bearing warrants. Excludes payments on non-interest-bearing 
short-term obligations, interfund obligations, amounts owed in a trust 
or agency capacity, and advances and contingent loans from other 
governments.
    (v) Total funds. Consists of the sum of cash and investment 
securities from all funds, including general, enterprise, debt service, 
capital projects, and special revenue funds, but excluding employee 
retirement funds, at the end of the local government's financial 
reporting year. Includes Federal securities, Federal agency securities, 
state and local government securities, and other securities such as 
bonds, notes and mortgages. For purposes of this test, the calculation 
of total funds shall exclude agency funds, private trust funds, accounts 
receivable, value of real property, and other non-security assets.
    (vi) Population consists of the number of people in the area served 
by the local government.
    (2) The local government's year-end financial statements, if 
independently audited, cannot include an adverse auditor's opinion or a 
disclaimer of opinion. The local government cannot

[[Page 574]]

have outstanding issues of general obligation or revenue bonds that are 
rated as less than investment grade.
    (3) The local government owner or operator must have a letter signed 
by the chief financial officer worded as specified in paragraph (c) of 
this section.
    (c) To demonstrate that it meets the financial test under paragraph 
(b) of this section, the chief financial officer of the local government 
owner or operator, must sign, within 120 days of the close of each 
financial reporting year, as defined by the twelve-month period for 
which financial statements used to support the financial test are 
prepared, a letter worded exactly as follows, except that the 
instructions in brackets are to be replaced by the relevant information 
and the brackets deleted:

                   Letter From Chief Financial Officer

    I am the chief financial officer of [insert: name and address of the 
owner or operator]. This letter is in support of the use of the local 
government financial test to demonstrate financial responsibility for 
[insert: ``taking corrective action'' and/or ``compensating third 
parties for bodily injury and property damage''] caused by [insert: 
``sudden accidental releases'' or ``nonsudden accidental releases'' or 
``accidental releases''] in the amount of at least [insert: dollar 
amount] per occurrence and [insert: dollar amount] annual aggregate 
arising from operating [an] underground storage tank[s].
    Underground storage tanks at the following facilities are assured by 
this financial test [List for each facility: the name and address of the 
facility where tanks assured by this financial test are located. If 
separate mechanisms or combinations of mechanisms are being used to 
assure any of the tanks at this facility, list each tank assured by this 
financial test by the tank identification number provided in the 
notification submitted pursuant to 40 CFR 280.22 or the corresponding 
state requirements.]
    This owner or operator has not received an adverse opinion, or a 
disclaimer of opinion from an independent auditor on its financial 
statements for the latest completed fiscal year. Any outstanding issues 
of general obligation or revenue bonds, if rated, have a Moody's rating 
of Aaa, Aa, A, or Baa or a Standard and Poor's rating of AAA, AA, A, or 
BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, 
A, or Baa and a Standard and Poor's rating of AAA, AA, A, or BBB.

                 Worksheet for Municipal Financial Test

                        Part I: Basic Information

                            1. Total Revenues

a. Revenues (dollars)

    Value of revenues excludes liquidation of investments and issuance 
of debt. Value includes all general fund operating and non-operating 
revenues, as well as all revenues from all other governmental funds 
including enterprise, debt service, capital projects, and special 
revenues, but excluding revenues to funds held in a trust or agency 
capacity.

b. Subtract interfund transfers (dollars)
c. Total Revenues (dollars)

                          2. Total Expenditures

a. Expenditures (dollars)

    Value consists of the sum of general fund operating and non-
operating expenditures including interest payments on debt, payments for 
retirement of debt principal, and total expenditures from all other 
governmental funds including enterprise, debt service, capital projects, 
and special revenues.

b. Subtract interfund transfers (dollars)

________
c. Total Expenditures (dollars)

                            3. Local Revenues

a. Total Revenues (from 1c) (dollars)________

b. Subtract total intergovernmental transfers (dollars)________

c. Local Revenues (dollars)________

                             4. Debt Service

a. Interest and fiscal charges (dollars) ________

b. Add debt retirement (dollars)________

c. Total Debt Service (dollars)________

[[Page 575]]

   5. Total Funds (Dollars)________ (Sum of amounts held as cash and 
    investment securities from all funds, excluding amounts held for 
        employee retirement funds, agency funds, and trust funds)

                     6. Population (Persons)________

                      Part II: Application of Test

                     7. Total Revenues to Population

a. Total Revenues (from 1c)________

b. Population (from 6)________

c. Divide 7a by 7b________

d. Subtract 417________

e. Divide by 5,212________

f. Multiply by 4.095________

                     8. Total Expenses to Population

a. Total Expenses (from 2c)________

b. Population (from 6) ________

c. Divide 8a by 8b________

d. Subtract 524________

e. Divide by 5,401________

f. Multiply by 4.095________

                   9. Local Revenues to Total Revenues

a. Local Revenues (from 3c)________

b. Total Revenues (from 1c)________

c. Divide 9a by 9b________

d. Subtract .695________

e. Divide by .205________

f. Multiply by 2.840________

                     10. Debt Service to Population

a. Debt Service (from 4c)________

b. Population (from 6)________

c. Divide 10a by 10b________

d. Subtract 51________

e. Divide by 1,038________

f. Multiply by -1.866________

                   11. Debt Service to Total Revenues

a. Debt Service (from 4c)________

b. Total Revenues (from 1c)________

c. Divide 11a by 11b________

d. Subtract .068________

e. Divide by .259________

f. Multiply by -3.533________

                  12. Total Revenues to Total Expenses

a. Total Revenues (from 1c)________

b. Total Expenses (from 2c)________

c. Divide 12a by 12b________

d. Subtract .910________

e. Divide by .899________

f. Multiply by 3.458________

                   13. Funds Balance to Total Revenues

a. Total Funds (from 5)________

b. Total Revenues (from 1c)________

c. Divide 13a by 13b________

d. Subtract .891________

e. Divide by 9.156________

f. Multiply by 3.270________

                   14. Funds Balance to Total Expenses

a. Total Funds (from 5)________

b. Total Expenses (from 2c)________

c. Divide 14a by 14b________

d. Subtract .866________

e. Divide by 6.409________

f. Multiply by 3.270________

                  15. Total Funds to Population________

a. Total Funds (from 5)________

b. Population (from 6)________

c. Divide 15a by 15b________

d. Subtract 270________

e. Divide by 4,548________

f. Multiply by 1.866________

16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937________

    I hereby certify that the financial index shown on line 16 of the 
worksheet is greater than zero and that the wording of this letter is 
identical to the wording specified in 40 CFR 280.105(c) as such 
regulations were constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]

    (d) If a local government owner or operator using the test to 
provide financial assurance finds that it no longer meets the 
requirements of the financial test based on the year-end financial 
statements, the owner or operator

[[Page 576]]

must obtain alternative coverage within 150 days of the end of the year 
for which financial statements have been prepared.
    (e) The Director of the implementing agency may require reports of 
financial condition at any time from the local government owner or 
operator. If the Director finds, on the basis of such reports or other 
information, that the local government owner or operator no longer meets 
the financial test requirements of Sec. 280.105(b) and (c), the owner 
or operator must obtain alternate coverage within 30 days after 
notification of such a finding.
    (f) If the local government owner or operator fails to obtain 
alternate assurance within 150 days of finding that it no longer meets 
the requirements of the financial test based on the year-end financial 
statements or within 30 days of notification by the Director of the 
implementing agency that it no longer meets the requirements of the 
financial test, the owner or operator must notify the Director of such 
failure within 10 days.



Sec. 280.106  Local government guarantee.

    (a) A local government owner or operator may satisfy the 
requirements of Sec. 280.93 by obtaining a guarantee that conforms to 
the requirements of this section. The guarantor must be either the state 
in which the local government owner or operator is located or a local 
government having a ``substantial governmental relationship'' with the 
owner and operator and issuing the guarantee as an act incident to that 
relationship. A local government acting as the guarantor must:
    (1) Demonstrate that it meets the bond rating test requirement of 
Sec. 280.104 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.104(d) and (e) to the local government owner 
or operator; or
    (2) Demonstrate that it meets the worksheet test requirements of 
Sec. 280.105 and deliver a copy of the chief financial officer's letter 
as contained in Sec. 280.105(c) to the local government owner or 
operator; or
    (3) Demonstrate that it meets the local government fund requirements 
of Sec. 280.107(a), (b), or (c) and deliver a copy of the chief 
financial officer's letter as contained in Sec. 280.107 to the local 
government owner or operator.
    (b) If the local government guarantor is unable to demonstrate 
financial assurance under any of Sec. Sec. 280.104, 280.105, or 
280.107(a), (b), or (c), at the end of the financial reporting year, the 
guarantor shall send by certified mail, before cancellation or non-
renewal of the guarantee, notice to the owner or operator. The guarantee 
will terminate no less than 120 days after the date the owner or 
operator receives the notification, as evidenced by the return receipt. 
The owner or operator must obtain alternative coverage as specified in 
Sec. 280.114(e).
    (c) The guarantee agreement must be worded as specified in paragraph 
(d) or (e) of this section, depending on which of the following 
alternative guarantee arrangements is selected:
    (1) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to fund a standby trust as directed by the Director 
of the implementing agency, the guarantee shall be worded as specified 
in paragraph (d) of this section.
    (2) If, in the default or incapacity of the owner or operator, the 
guarantor guarantees to make payments as directed by the Director of the 
implementing agency for taking corrective action or compensating third 
parties for bodily injury and property damage, the guarantee shall be 
worded as specified in paragraph (e) of this section.
    (d) If the guarantor is a state, the local government guarantee with 
standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

      Local Government Guarantee With Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following

[[Page 577]]

underground storage tank(s) covered by this guarantee: [List the number 
of tanks at each facility and the name(s) and address(es) of the 
facility(ies) where the tanks are located. If more than one instrument 
is used to assure different tanks at any one facility, for each tank 
covered by this instrument, list the tank identification number provided 
in the notification submitted pursuant to 40 CFR part 280 or the 
corresponding state requirement, and the name and address of the 
facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR 280.112, in an amount not to 
exceed the coverage limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR 280.112, in an amount not to 
exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];

[[Page 578]]

    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:

[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

    If the guarantor is a local government, the local government 
guarantee with standby trust must be worded exactly as follows, except 
that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

Local Government Guarantee With Standby Trust Made by a Local Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all 
third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR 280.104, the local government 
financial test requirements of 40 CFR 280.105, or the local government 
fund under 40 CFR 280.107(a), 280.107(b), or 280.107(c)].
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental Releases'' or 
``nonsudden accidental releases'' or ``accidental Releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR 280.112, in an amount not to 
exceed the coverage limits specified above.

[[Page 579]]

    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall fund a standby trust fund in 
accordance with the provisions of 40 CFR 280.112, in an amount not to 
exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall fund a standby trust in 
accordance with the provisions of 40 CFR 280.112 to satisfy such 
judgment(s), award(s), or settlement agreement(s) up to the limits of 
coverage specified above.
    (4) Guarantor agrees that, if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation, disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.106(d) as such regulations were 
constituted on the effective date shown immediately below.
Effective date:

[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:

    (e) If the guarantor is a state, the local government guarantee 
without

[[Page 580]]

standby trust must be worded exactly as follows, except that 
instructions in brackets are to be replaced with relevant information 
and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a State

    Guarantee made this [date] by [name of state], herein referred to as 
guarantor, to [the state implementing agency] and to any and all third 
parties, and obliges, on behalf of [local government owner or operator].

                                Recitals

    (1) Guarantor is a state.
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate.
    (3) Guarantor guarantees to [implementing agency] and to any and all 
third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall make funds available to pay for 
corrective actions in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (5) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (6) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to

[[Page 581]]

[owner or operator], such cancellation to become effective no earlier 
than 120 days after receipt of such notice by [owner or operator], as 
evidenced by the return receipt. If notified of a probable release, the 
guarantor agrees to remain bound to the terms of this guarantee for all 
charges arising from the release, up to the coverage limits specified 
above, notwithstanding the cancellation of the guarantee with respect to 
future releases.
    (7) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by [insert: local government 
owner or operator] that is not the direct result of a release from a 
petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (8) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator].
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:

[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
    If the guarantor is a local government, the local government 
guarantee without standby trust must be worded exactly as follows, 
except that instructions in brackets are to be replaced with relevant 
information and the brackets deleted:

    Local Government Guarantee Without Standby Trust Made by a Local 
                               Government

    Guarantee made this [date] by [name of guaranteeing entity], a local 
government organized under the laws of [name of state], herein referred 
to as guarantor, to [the state implementing agency] and to any and all 
third parties, and obliges, on behalf of [local government owner or 
operator].

                                Recitals

    (1) Guarantor meets or exceeds [select one: the local government 
bond rating test requirements of 40 CFR 280.104, the local government 
financial test requirements of 40 CFR 280.105, the local government fund 
under 40 CFR 280.107(a), 280.107(b), or 280.107(c)].
    (2) [Local government owner or operator] owns or operates the 
following underground storage tank(s) covered by this guarantee: [List 
the number of tanks at each facility and the name(s) and address(es) of 
the facility(ies) where the tanks are located. If more than one 
instrument is used to assure different tanks at any one facility, for 
each tank covered by this instrument, list the tank identification 
number provided in the notification submitted pursuant to 40 CFR part 
280 or the corresponding state requirement, and the name and address of 
the facility.] This guarantee satisfies 40 CFR part 280, subpart H 
requirements for assuring funding for [insert: ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases''; if 
coverage is different for different tanks or locations, indicate the 
type of coverage applicable to each tank or location] arising from 
operating the above-identified underground storage tank(s) in the amount 
of [insert: dollar amount] per occurrence and

[[Page 582]]

[insert: dollar amount] annual aggregate.
    (3) Incident to our substantial governmental relationship with 
[local government owner or operator], guarantor guarantees to 
[implementing agency] and to any and all third parties and obliges that:
    In the event that [local government owner or operator] fails to 
provide alternative coverage within 60 days after receipt of a notice of 
cancellation of this guarantee and the [Director of the implementing 
agency] has determined or suspects that a release has occurred at an 
underground storage tank covered by this guarantee, the guarantor, upon 
written instructions from the [Director] shall make funds available to 
pay for corrective actions and compensate third parties for bodily 
injury and property damage in an amount not to exceed the coverage 
limits specified above.
    In the event that the [Director] determines that [local government 
owner or operator] has failed to perform corrective action for releases 
arising out of the operation of the above-identified tank(s) in 
accordance with 40 CFR part 280, subpart F, the guarantor upon written 
instructions from the [Director] shall make funds available to pay for 
corrective actions in an amount not to exceed the coverage limits 
specified above.
    If [owner or operator] fails to satisfy a judgment or award based on 
a determination of liability for bodily injury or property damage to 
third parties caused by [``sudden'' and/or ``nonsudden''] accidental 
releases arising from the operation of the above-identified tank(s), or 
fails to pay an amount agreed to in settlement of a claim arising from 
or alleged to arise from such injury or damage, the guarantor, upon 
written instructions from the [Director], shall make funds available to 
compensate third parties for bodily injury and property damage in an 
amount not to exceed the coverage limits specified above.
    (4) Guarantor agrees that if at the end of any fiscal year before 
cancellation of this guarantee, the guarantor fails to meet or exceed 
the requirements of the financial responsibility mechanism specified in 
paragraph (1), guarantor shall send within 120 days of such failure, by 
certified mail, notice to [local government owner or operator], as 
evidenced by the return receipt.
    (5) Guarantor agrees to notify [owner or operator] by certified mail 
of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), 
U.S. Code naming guarantor as debtor, within 10 days after commencement 
of the proceeding.
    (6) Guarantor agrees to remain bound under this guarantee 
notwithstanding any modification or alteration of any obligation of 
[owner or operator] pursuant to 40 CFR part 280.
    (7) Guarantor agrees to remain bound under this guarantee for so 
long as [local government owner or operator] must comply with the 
applicable financial responsibility requirements of 40 CFR part 280, 
subpart H for the above identified tank(s), except that guarantor may 
cancel this guarantee by sending notice by certified mail to [owner or 
operator], such cancellation to become effective no earlier than 120 
days after receipt of such notice by [owner or operator], as evidenced 
by the return receipt. If notified of a probable release, the guarantor 
agrees to remain bound to the terms of this guarantee for all charges 
arising from the release, up to the coverage limits specified above, 
notwithstanding the cancellation of the guarantee with respect to future 
releases.
    (8) The guarantor's obligation does not apply to any of the 
following:
    (a) Any obligation of [local government owner or operator] under a 
workers' compensation disability benefits, or unemployment compensation 
law or other similar law;
    (b) Bodily injury to an employee of [insert: local government owner 
or operator] arising from, and in the course of, employment by [insert: 
local government owner or operator];
    (c) Bodily injury or property damage arising from the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the 
care, custody, or control of, or occupied by

[[Page 583]]

[insert: local government owner or operator] that is not the direct 
result of a release from a petroleum underground storage tank;
    (e) Bodily damage or property damage for which [insert: owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement other than a contract or agreement 
entered into to meet the requirements of 40 CFR 280.93.
    (9) Guarantor expressly waives notice of acceptance of this 
guarantee by [the implementing agency], by any or all third parties, or 
by [local government owner or operator],
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 280.106(e) as such regulations were 
constituted on the effective date shown immediately below.

Effective date:

[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:



Sec. 280.107  Local government fund.

    A local government owner or operator may satisfy the requirements of 
Sec. 280.93 by establishing a dedicated fund account that conforms to 
the requirements of this section. Except as specified in paragraph (b) 
of this section, a dedicated fund may not be commingled with other funds 
or otherwise used in normal operations. A dedicated fund will be 
considered eligible if it meets one of the following requirements:
    (a) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks and is funded for the 
full amount of coverage required under Sec. 280.93, or funded for part 
of the required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage; or
    (b) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance, or order as a contingency 
fund for general emergencies, including taking corrective action and 
compensating third parties for bodily injury and property damage caused 
by accidental releases arising from the operation of petroleum 
underground storage tanks, and is funded for five times the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage. If the fund is funded 
for less than five times the amount of coverage required under Sec. 
280.93, the amount of financial responsibility demonstrated by the fund 
may not exceed one-fifth the amount in the fund; or
    (c) The fund is dedicated by state constitutional provision, or 
local government statute, charter, ordinance or order to pay for taking 
corrective action and for compensating third parties for bodily injury 
and property damage caused by accidental releases arising from the 
operation of petroleum underground storage tanks. A payment is made to 
the fund once every year for seven years until the fund is fully-funded. 
This seven year period is hereafter referred to as the ``pay-in-
period.'' The amount of each payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TR15JY15.042


Where TF is the total required financial assurance for the owner or 
operator, CF is the current amount in the fund, and Y is the number of 
years remaining in the pay-in-period; and,
    (1) The local government owner or operator has available bonding 
authority, approved through voter referendum (if such approval is 
necessary prior to the issuance of bonds), for an amount equal to the 
difference between the required amount of coverage and the amount held 
in the dedicated fund. This bonding authority shall be available for 
taking corrective action and for compensating third parties for bodily 
injury and property damage caused by accidental releases arising from 
the operation of petroleum underground storage tanks; or

[[Page 584]]

    (2) The local government owner or operator has a letter signed by 
the appropriate state attorney general stating that the use of the 
bonding authority will not increase the local government's debt beyond 
the legal debt ceilings established by the relevant state laws. The 
letter must also state that prior voter approval is not necessary before 
use of the bonding authority.
    (d) To demonstrate that it meets the requirements of the local 
government fund, the chief financial officer of the local government 
owner or operator and/or guarantor must sign a letter worded exactly as 
follows, except that the instructions in brackets are to be replaced by 
the relevant information and the brackets deleted:

     Letter from Chief Financial Officer
    I am the chief financial officer of [insert: name and address of 
local government owner or operator, or guarantor]. This letter is in 
support of the use of the local government fund mechanism to demonstrate 
financial responsibility for [insert: ``taking corrective action'' and/
or ``compensating third parties for bodily injury and property damage''] 
caused by [insert: ``sudden accidental releases'' or ``nonsudden 
accidental releases'' or ``accidental releases''] in the amount of at 
least [insert: dollar amount] per occurrence and [insert: dollar amount] 
annual aggregate arising from operating (an) underground storage 
tank(s).
    Underground storage tanks at the following facilities are assured by 
this local government fund mechanism: [List for each facility: The name 
and address of the facility where tanks are assured by the local 
government fund].
    [Insert: ``The local government fund is funded for the full amount 
of coverage required under Sec. 280.93, or funded for part of the 
required amount of coverage and used in combination with other 
mechanism(s) that provide the remaining coverage.'' or ``The local 
government fund is funded for five times the full amount of coverage 
required under Sec. 280.93, or funded for part of the required amount 
of coverage and used in combination with other mechanisms(s) that 
provide the remaining coverage,'' or ``A payment is made to the fund 
once every year for seven years until the fund is fully-funded and [name 
of local government owner or operator] has available bonding authority, 
approved through voter referendum, of an amount equal to the difference 
between the required amount of coverage and the amount held in the 
dedicated fund'' or ``A payment is made to the fund once every year for 
seven years until the fund is fully-funded and I have attached a letter 
signed by the State Attorney General stating that (1) the use of the 
bonding authority will not increase the local government's debt beyond 
the legal debt ceilings established by the relevant state laws and (2) 
that prior voter approval is not necessary before use of the bonding 
authority''].
    The details of the local government fund are as follows:

Amount in Fund (market value of fund at close of last fiscal year):
    [If fund balance is incrementally funded as specified in Sec. 
280.107(c), insert:
Amount added to fund in the most recently completed fiscal year:

Number of years remaining in the pay-in-period: ________]

    A copy of the state constitutional provision, or local government 
statute, charter, ordinance or order dedicating the fund is attached.
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 280.107(d) as such regulations were 
constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]



Sec. 280.108  Substitution of financial assurance mechanisms
by owner or operator.

    (a) An owner or operator may substitute any alternate financial 
assurance mechanisms as specified in this subpart, provided that at all 
times he maintains an effective financial assurance mechanism or 
combination of mechanisms that satisfies the requirements of Sec. 
280.93.
    (b) After obtaining alternate financial assurance as specified in 
this subpart, an owner or operator may cancel a financial assurance 
mechanism by

[[Page 585]]

providing notice to the provider of financial assurance.



Sec. 280.109  Cancellation or nonrenewal by a provider 
of financial assurance.

    (a) Except as otherwise provided, a provider of financial assurance 
may cancel or fail to renew an assurance mechanism by sending a notice 
of termination by certified mail to the owner or operator.
    (1) Termination of a local government guarantee, a guarantee, a 
surety bond, or a letter of credit may not occur until 120 days after 
the date on which the owner or operator receives the notice of 
termination, as evidenced by the return receipt.
    (2) Termination of insurance or risk retention coverage, except for 
non-payment or misrepresentation by the insured, or state-funded 
assurance may not occur until 60 days after the date on which the owner 
or operator receives the notice of termination, as evidenced by the 
return receipt. Termination for non-payment of premium or 
misrepresentation by the insured may not occur until a minimum of 10 
days after the date on which the owner or operator receives the notice 
of termination, as evidenced by the return receipt.
    (b) If a provider of financial responsibility cancels or fails to 
renew for reasons other than incapacity of the provider as specified in 
Sec. 280.114, the owner or operator must obtain alternate coverage as 
specified in this section within 60 days after receipt of the notice of 
termination. If the owner or operator fails to obtain alternate coverage 
within 60 days after receipt of the notice of termination, the owner or 
operator must notify the Director of the implementing agency of such 
failure and submit:
    (1) The name and address of the provider of financial assurance;
    (2) The effective date of termination; and
    (3) The evidence of the financial assistance mechanism subject to 
the termination maintained in accordance with Sec. 280.111(b).



Sec. 280.110  Reporting by owner or operator.

    (a) An owner or operator must submit the appropriate forms listed in 
Sec. 280.111(b) documenting current evidence of financial 
responsibility to the Director of the implementing agency:
    (1) Within 30 days after the owner or operator identifies a release 
from an underground storage tank required to be reported under Sec. 
280.53 or Sec. 280.61;
    (2) If the owner or operator fails to obtain alternate coverage as 
required by this subpart, within 30 days after the owner or operator 
receives notice of:
    (i) Commencement of a voluntary or involuntary proceeding under 
Title 11 (Bankruptcy), U.S. Code, naming a provider of financial 
assurance as a debtor;
    (ii) Suspension or revocation of the authority of a provider of 
financial assurance to issue a financial assurance mechanism;
    (iii) Failure of a guarantor to meet the requirements of the 
financial test;
    (iv) Other incapacity of a provider of financial assurance; or
    (3) As required by Sec. Sec. 280.95(g) and 280.109(b).
    (b) An owner or operator must certify compliance with the financial 
responsibility requirements of this part as specified in the new tank 
notification form when notifying the appropriate state or local agency 
of the installation of a new underground storage tank under Sec. 
280.22.
    (c) The Director of the Implementing Agency may require an owner or 
operator to submit evidence of financial assurance as described in Sec. 
280.111(b) or other information relevant to compliance with this subpart 
at any time.



Sec. 280.111  Recordkeeping.

    (a) Owners or operators must maintain evidence of all financial 
assurance mechanisms used to demonstrate financial responsibility under 
this subpart for an underground storage tank until released from the 
requirements of this subpart under Sec. 208.113. An owner or operator 
must maintain such evidence at the underground storage tank site or the 
owner's or operator's place of work. Records maintained off-site

[[Page 586]]

must be made available upon request of the implementing agency.
    (b) An owner or operator must maintain the following types of 
evidence of financial responsibility:
    (1) An owner or operator using an assurance mechanism specified in 
Sec. Sec. 280.95 through 280.100 or Sec. 280.102 or Sec. Sec. 280.104 
through 280.107 must maintain a copy of the instrument worded as 
specified.
    (2) An owner or operator using a financial test or guarantee, or a 
local government financial test or a local government guarantee 
supported by the local government financial test must maintain a copy of 
the chief financial officer's letter based on year-end financial 
statements for the most recent completed financial reporting year. Such 
evidence must be on file no later than 120 days after the close of the 
financial reporting year.
    (3) An owner or operator using a guarantee, surety bond, or letter 
of credit must maintain a copy of the signed standby trust fund 
agreement and copies of any amendments to the agreement.
    (4) A local government owner or operator using a local government 
guarantee under Sec. 280.106(d) must maintain a copy of the signed 
standby trust fund agreement and copies of any amendments to the 
agreement.
    (5) A local government owner or operator using the local government 
bond rating test under Sec. 280.104 must maintain a copy of its bond 
rating published within the last twelve months by Moody's or Standard & 
Poor's.
    (6) A local government owner or operator using the local government 
guarantee under Sec. 280.106, where the guarantor's demonstration of 
financial responsibility relies on the bond rating test under Sec. 
280.104 must maintain a copy of the guarantor's bond rating published 
within the last twelve months by Moody's or Standard & Poor's.
    (7) An owner or operator using an insurance policy or risk retention 
group coverage must maintain a copy of the signed insurance policy or 
risk retention group coverage policy, with the endorsement or 
certificate of insurance and any amendments to the agreements.
    (8) An owner or operator covered by a state fund or other state 
assurance must maintain on file a copy of any evidence of coverage 
supplied by or required by the state under Sec. 280.101(d).
    (9) An owner or operator using a local government fund under Sec. 
280.107 must maintain the following documents:
    (i) A copy of the state constitutional provision or local government 
statute, charter, ordinance, or order dedicating the fund; and
    (ii) Year-end financial statements for the most recent completed 
financial reporting year showing the amount in the fund. If the fund is 
established under Sec. 280.107(c) using incremental funding backed by 
bonding authority, the financial statements must show the previous 
year's balance, the amount of funding during the year, and the closing 
balance in the fund.
    (iii) If the fund is established under Sec. 280.107(c) using 
incremental funding backed by bonding authority, the owner or operator 
must also maintain documentation of the required bonding authority, 
including either the results of a voter referendum (under Sec. 
280.107(c)(1)), or attestation by the State Attorney General as 
specified under Sec. 280.107(c)(2).
    (10) A local government owner or operator using the local government 
guarantee supported by the local government fund must maintain a copy of 
the guarantor's year-end financial statements for the most recent 
completed financial reporting year showing the amount of the fund.
    (11)(i) An owner or operator using an assurance mechanism specified 
in Sec. Sec. 280.95 through 280.107 must maintain an updated copy of a 
certification of financial responsibility worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:
     Certification of Financial Responsibility
    [Owner or operator] hereby certifies that it is in compliance with 
the requirements of subpart H of 40 CFR part 280.
    The financial assurance mechanism(s) used to demonstrate financial 
responsibility under subpart H of 40 CFR part 280 is (are) as follows:

[[Page 587]]

    [For each mechanism, list the type of mechanism, name of issuer, 
mechanism number (if applicable), amount of coverage, effective period 
of coverage and whether the mechanism covers ``taking corrective 
action'' and/or ``compensating third parties for bodily injury and 
property damage caused by'' either ``sudden accidental releases'' or 
``nonsudden accidental releases'' or ``accidental releases.'']

[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]

    (ii) The owner or operator must update this certification whenever 
the financial assurance mechanism(s) used to demonstrate financial 
responsibility change(s).



Sec. 280.112  Drawing on financial assurance mechanisms.

    (a) Except as specified in paragraph (d) of this section, the 
Director of the implementing agency shall require the guarantor, surety, 
or institution issuing a letter of credit to place the amount of funds 
stipulated by the Director, up to the limit of funds provided by the 
financial assurance mechanism, into the standby trust if:
    (1)(i) The owner or operator fails to establish alternate financial 
assurance within 60 days after receiving notice of cancellation of the 
guarantee, surety bond, letter of credit, or, as applicable, other 
financial assurance mechanism; and
    (ii) The Director determines or suspects that a release from an 
underground storage tank covered by the mechanism has occurred and so 
notifies the owner or operator or the owner or operator has notified the 
Director pursuant to subparts E or F of a release from an underground 
storage tank covered by the mechanism; or
    (2) The conditions of paragraph (b)(1) or (b)(2)(i) or (ii) of this 
section are satisfied.
    (b) The Director of the implementing agency may draw on a standby 
trust fund when:
    (1) The Director makes a final determination that a release has 
occurred and immediate or long-term corrective action for the release is 
needed, and the owner or operator, after appropriate notice and 
opportunity to comply, has not conducted corrective action as required 
under subpart F of this part; or
    (2) The Director has received either:
    (i) Certification from the owner or operator and the third-party 
liability claimant(s) and from attorneys representing the owner or 
operator and the third-party liability claimant(s) that a third-party 
liability claim should be paid. The certification must be worded as 
follows, except that instructions in brackets are to be replaced with 
the relevant information and the brackets deleted:
     Certification of Valid Claim
    The undersigned, as principals and as legal representatives of 
[insert: owner or operator] and [insert: name and address of third-party 
claimant], hereby certify that the claim of bodily injury [and/or] 
property damage caused by an accidental release arising from operating 
[owner's or operator's] underground storage tank should be paid in the 
amount of $[__].

[Signatures]
Owner or Operator
Attorney for Owner or Operator
(Notary)
Date
[Signatures]
Claimant(s)
Attorney(s) for Claimant(s)
(Notary)
Date
or
    (ii) A valid final court order establishing a judgment against the 
owner or operator for bodily injury or property damage caused by an 
accidental release from an underground storage tank covered by financial 
assurance under this subpart and the Director determines that the owner 
or operator has not satisfied the judgment.
    (c) If the Director of the implementing agency determines that the 
amount of corrective action costs and third-party liability claims 
eligible for payment under paragraph (b) of this section may exceed the 
balance of the standby trust fund and the obligation of the provider of 
financial assurance, the first priority for payment shall be

[[Page 588]]

corrective action costs necessary to protect human health and the 
environment. The Director shall pay third-party liability claims in the 
order in which the Director receives certifications under paragraph 
(b)(2)(i) of this section, and valid court orders under paragraph 
(b)(2)(ii) of this section.
    (d) A governmental entity acting as guarantor under Sec. 
280.106(e), the local government guarantee without standby trust, shall 
make payments as directed by the Director under the circumstances 
described in Sec. 280.112(a), (b), and (c).



Sec. 280.113  Release from the requirements.

    An owner or operator is no longer required to maintain financial 
responsibility under this subpart for an underground storage tank after 
the tank has been permanently closed or undergoes a change-in-service 
or, if corrective action is required, after corrective action has been 
completed and the tank has been permanently closed or undergoes a 
change-in-service as required by subpart G of this part.



Sec. 280.114  Bankruptcy or other incapacity of owner or operator 
or provider of financial assurance.

    (a) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or 
operator as debtor, the owner or operator must notify the Director of 
the implementing agency by certified mail of such commencement and 
submit the appropriate forms listed in Sec. 280.111(b) documenting 
current financial responsibility.
    (b) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing financial assurance as debtor, such guarantor must notify the 
owner or operator by certified mail of such commencement as required 
under the terms of the guarantee specified in Sec. 280.96.
    (c) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local 
government owner or operator as debtor, the local government owner or 
operator must notify the Director of the implementing agency by 
certified mail of such commencement and submit the appropriate forms 
listed in Sec. 280.111(b) documenting current financial responsibility.
    (d) Within 10 days after commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor 
providing a local government financial assurance as debtor, such 
guarantor must notify the local government owner or operator by 
certified mail of such commencement as required under the terms of the 
guarantee specified in Sec. 280.106.
    (e) An owner or operator who obtains financial assurance by a 
mechanism other than the financial test of self-insurance will be deemed 
to be without the required financial assurance in the event of a 
bankruptcy or incapacity of its provider of financial assurance, or a 
suspension or revocation of the authority of the provider of financial 
assurance to issue a guarantee, insurance policy, risk retention group 
coverage policy, surety bond, letter of credit, or state-required 
mechanism. The owner or operator must obtain alternate financial 
assurance as specified in this subpart within 30 days after receiving 
notice of such an event. If the owner or operator does not obtain 
alternate coverage within 30 days after such notification, he must 
notify the Director of the implementing agency.
    (f) Within 30 days after receipt of notification that a state fund 
or other state assurance has become incapable of paying for assured 
corrective action or third-party compensation costs, the owner or 
operator must obtain alternate financial assurance.



Sec. 280.115  Replenishment of guarantees, letters of credit, or surety bonds.

    (a) If at any time after a standby trust is funded upon the 
instruction of the Director of the implementing agency with funds drawn 
from a guarantee, local government guarantee with standby trust, letter 
of credit, or surety bond, and the amount in the standby trust is 
reduced below the full amount of coverage required, the

[[Page 589]]

owner or operator shall by the anniversary date of the financial 
mechanism from which the funds were drawn:
    (1) Replenish the value of financial assurance to equal the full 
amount of coverage required; or
    (2) Acquire another financial assurance mechanism for the amount by 
which funds in the standby trust have been reduced.
    (b) For purposes of this section, the full amount of coverage 
required is the amount of coverage to be provided by Sec. 280.93. If a 
combination of mechanisms was used to provide the assurance funds which 
were drawn upon, replenishment shall occur by the earliest anniversary 
date among the mechanisms.



Sec. 280.116  Suspension of enforcement. [Reserved]



                       Subpart I_Lender Liability



Sec. 280.200  Definitions.

    (a) UST technical standards, as used in this subpart, refers to the 
UST preventative and operating requirements under subparts B, C, D, G, 
J, and K of this part and Sec. 280.50.
    (b) Petroleum production, refining, and marketing. (1) Petroleum 
production means the production of crude oil or other forms of petroleum 
(as defined in Sec. 280.12) as well as the production of petroleum 
products from purchased materials.
    (2) Petroleum refining means the cracking, distillation, separation, 
conversion, upgrading, and finishing of refined petroleum or petroleum 
products.
    (3) Petroleum marketing means the distribution, transfer, or sale of 
petroleum or petroleum products for wholesale or retail purposes.
    (c) Indicia of ownership means evidence of a secured interest, 
evidence of an interest in a security interest, or evidence of an 
interest in real or personal property securing a loan or other 
obligation, including any legal or equitable title or deed to real or 
personal property acquired through or incident to foreclosure. Evidence 
of such interests include, but are not limited to, mortgages, deeds of 
trust, liens, surety bonds and guarantees of obligations, title held 
pursuant to a lease financing transaction in which the lessor does not 
select initially the leased property (hereinafter ``lease financing 
transaction''), and legal or equitable title obtained pursuant to 
foreclosure. Evidence of such interests also includes assignments, 
pledges, or other rights to or other forms of encumbrance against 
property that are held primarily to protect a security interest. A 
person is not required to hold title or a security interest in order to 
maintain indicia of ownership.
    (d) A holder is a person who, upon the effective date of this 
regulation or in the future, maintains indicia of ownership (as defined 
in Sec. 280.200(c)) primarily to protect a security interest (as 
defined in Sec. 280.200(f)(1)) in a petroleum UST or UST system or 
facility or property on which a petroleum UST or UST system is located. 
A holder includes the initial holder (such as a loan originator); any 
subsequent holder (such as a successor-in-interest or subsequent 
purchaser of the security interest on the secondary market); a guarantor 
of an obligation, surety, or any other person who holds ownership 
indicia primarily to protect a security interest; or a receiver or other 
person who acts on behalf or for the benefit of a holder.
    (e) A borrower, debtor, or obligor is a person whose UST or UST 
system or facility or property on which the UST or UST system is located 
is encumbered by a security interest. These terms may be used 
interchangeably.
    (f) Primarily to protect a security interest means that the holder's 
indicia of ownership are held primarily for the purpose of securing 
payment or performance of an obligation.
    (1) Security interest means an interest in a petroleum UST or UST 
system or in the facility or property on which a petroleum UST or UST 
system is located, created or established for the purpose of securing a 
loan or other obligation. Security interests include but are not limited 
to mortgages, deeds of trusts, liens, and title pursuant to lease 
financing transactions. Security interests may also arise from 
transactions such as sale and leasebacks, conditional sales, installment 
sales,

[[Page 590]]

trust receipt transactions, certain assignments, factoring agreements, 
accounts receivable financing arrangements, and consignments, if the 
transaction creates or establishes an interest in an UST or UST system 
or in the facility or property on which the UST or UST system is 
located, for the purpose of securing a loan or other obligation.
    (2) Primarily to protect a security interest, as used in this 
subpart, does not include indicia of ownership held primarily for 
investment purposes, nor ownership indicia held primarily for purposes 
other than as protection for a security interest. A holder may have 
other, secondary reasons for maintaining indicia of ownership, but the 
primary reason why any ownership indicia are held must be as protection 
for a security interest.
    (g) Operation means, for purposes of this subpart, the use, storage, 
filling, or dispensing of petroleum contained in an UST or UST system.



Sec. 280.210  Participation in management.

    The term ``participating in the management of an UST or UST system'' 
means that, subsequent to the effective date of this subpart, December 
6, 1995, the holder is engaging in decisionmaking control of, or 
activities related to, operation of the UST or UST system, as defined 
herein.
    (a) Actions that are participation in management. (1) Participation 
in the management of an UST or UST system means, for purposes of this 
subpart, actual participation by the holder in the management or control 
of decisionmaking related to the operation of an UST or UST system. 
Participation in management does not include the mere capacity or 
ability to influence or the unexercised right to control UST or UST 
system operations. A holder is participating in the management of the 
UST or UST system only if the holder either:
    (i) Exercises decisionmaking control over the operational (as 
opposed to financial or administrative) aspects of the UST or UST 
system, such that the holder has undertaken responsibility for all or 
substantially all of the management of the UST or UST system; or
    (ii) Exercises control at a level comparable to that of a manager of 
the borrower's enterprise, such that the holder has assumed or 
manifested responsibility for the overall management of the enterprise 
encompassing the day-to-day decisionmaking of the enterprise with 
respect to all, or substantially all, of the operational (as opposed to 
financial or administrative) aspects of the enterprise.
    (2) Operational aspects of the enterprise relate to the use, 
storage, filling, or dispensing of petroleum contained in an UST or UST 
system, and include functions such as that of a facility or plant 
manager, operations manager, chief operating officer, or chief executive 
officer. Financial or administrative aspects include functions such as 
that of a credit manager, accounts payable/receivable manager, personnel 
manager, controller, chief financial officer, or similar functions. 
Operational aspects of the enterprise do not include the financial or 
administrative aspects of the enterprise, or actions associated with 
environmental compliance, or actions undertaken voluntarily to protect 
the environment in accordance with applicable requirements in this part 
or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.
    (b) Actions that are not participation in management pre-
foreclosure. (1) Actions at the inception of the loan or other 
transaction. No act or omission prior to the time that indicia of 
ownership are held primarily to protect a security interest constitutes 
evidence of participation in management within the meaning of this 
subpart. A prospective holder who undertakes or requires an 
environmental investigation (which could include a site assessment, 
inspection, and/or audit) of the UST or UST system or facility or 
property on which the UST or UST system is located (in which indicia of 
ownership are to be held), or requires a prospective borrower to clean 
up contamination from the UST or UST system or to comply or come into 
compliance (whether prior or subsequent to the time that indicia of 
ownership are held primarily to protect a security interest) with any

[[Page 591]]

applicable law or regulation, is not by such action considered to be 
participating in the management of the UST or UST system or facility or 
property on which the UST or UST system is located.
    (2) Loan policing and work out. Actions that are consistent with 
holding ownership indicia primarily to protect a security interest do 
not constitute participation in management for purposes of this subpart. 
The authority for the holder to take such actions may, but need not, be 
contained in contractual or other documents specifying requirements for 
financial, environmental, and other warranties, covenants, conditions, 
representations or promises from the borrower. Loan policing and work 
out activities cover and include all such activities up to foreclosure, 
exclusive of any activities that constitute participation in management.
    (i) Policing the security interest or loan. (A) A holder who engages 
in policing activities prior to foreclosure will remain within the 
exemption provided that the holder does not together with other actions 
participate in the management of the UST or UST system as provided in 
Sec. 280.210(a). Such policing actions include, but are not limited to, 
requiring the borrower to clean up contamination from the UST or UST 
system during the term of the security interest; requiring the borrower 
to comply or come into compliance with applicable federal, state, and 
local environmental and other laws, rules, and regulations during the 
term of the security interest; securing or exercising authority to 
monitor or inspect the UST or UST system or facility or property on 
which the UST or UST system is located (including on-site inspections) 
in which indicia of ownership are maintained, or the borrower's business 
or financial condition during the term of the security interest; or 
taking other actions to adequately police the loan or security interest 
(such as requiring a borrower to comply with any warranties, covenants, 
conditions, representations, or promises from the borrower).
    (B) Policing activities also include undertaking by the holder of 
UST environmental compliance actions and voluntary environmental actions 
taken in compliance with this part, provided that the holder does not 
otherwise participate in the management or daily operation of the UST or 
UST system as provided in Sec. 280.210(a) and Sec. 280.230. Such 
allowable actions include, but are not limited to, release detection and 
release reporting, release response and corrective action, temporary or 
permanent closure of an UST or UST system, UST upgrading or replacement, 
and maintenance of corrosion protection. A holder who undertakes these 
actions must do so in compliance with the applicable requirements in 
this part or applicable state requirements in those states that have 
been delegated authority by EPA to administer the UST program pursuant 
to 42 U.S.C. 6991c and 40 CFR part 281. A holder may directly oversee 
these environmental compliance actions and voluntary environmental 
actions, and directly hire contractors to perform the work, and is not 
by such action considered to be participating in the management of the 
UST or UST system.
    (ii) Loan work out. A holder who engages in work out activities 
prior to foreclosure will remain within the exemption provided that the 
holder does not together with other actions participate in the 
management of the UST or UST system as provided in Sec. 280.210(a). For 
purposes of this rule, ``work out'' refers to those actions by which a 
holder, at any time prior to foreclosure, seeks to prevent, cure, or 
mitigate a default by the borrower or obligor; or to preserve, or 
prevent the diminution of, the value of the security. Work out 
activities include, but are not limited to, restructuring or 
renegotiating the terms of the security interest; requiring payment of 
additional rent or interest; exercising forbearance; requiring or 
exercising rights pursuant to an assignment of accounts or other amounts 
owing to an obligor; requiring or exercising rights pursuant to an 
escrow agreement pertaining to amounts owing to an obligor; providing 
specific or general financial or other advice, suggestions, counseling, 
or guidance; and exercising any right or remedy the holder is entitled 
to by law or under any warranties, covenants,

[[Page 592]]

conditions, representations, or promises from the borrower.
    (c) Foreclosure on an UST or UST system or facility or property on 
which an UST or UST system is located, and participation in management 
activities post-foreclosure.
    (1) Foreclosure. (i) Indicia of ownership that are held primarily to 
protect a security interest include legal or equitable title or deed to 
real or personal property acquired through or incident to foreclosure. 
For purposes of this subpart, the term ``foreclosure'' means that legal, 
marketable or equitable title or deed has been issued, approved, and 
recorded, and that the holder has obtained access to the UST, UST 
system, UST facility, and property on which the UST or UST system is 
located, provided that the holder acted diligently to acquire marketable 
title or deed and to gain access to the UST, UST system, UST facility, 
and property on which the UST or UST system is located. The indicia of 
ownership held after foreclosure continue to be maintained primarily as 
protection for a security interest provided that the holder undertakes 
to sell, re-lease an UST or UST system or facility or property on which 
the UST or UST system is located, held pursuant to a lease financing 
transaction (whether by a new lease financing transaction or 
substitution of the lessee), or otherwise divest itself of the UST or 
UST system or facility or property on which the UST or UST system is 
located, in a reasonably expeditious manner, using whatever commercially 
reasonable means are relevant or appropriate with respect to the UST or 
UST system or facility or property on which the UST or UST system is 
located, taking all facts and circumstances into consideration, and 
provided that the holder does not participate in management (as defined 
in Sec. 280.210(a)) prior to or after foreclosure.
    (ii) For purposes of establishing that a holder is seeking to sell, 
re-lease pursuant to a lease financing transaction (whether by a new 
lease financing transaction or substitution of the lessee), or divest in 
a reasonably expeditious manner an UST or UST system or facility or 
property on which the UST or UST system is located, the holder may use 
whatever commercially reasonable means as are relevant or appropriate 
with respect to the UST or UST system or facility or property on which 
the UST or UST system is located, or may employ the means specified in 
Sec. 280.210(c)(2). A holder that outbids, rejects, or fails to act 
upon a written bona fide, firm offer of fair consideration for the UST 
or UST system or facility or property on which the UST or UST system is 
located, as provided in Sec. 280.210(c)(2), is not considered to hold 
indicia of ownership primarily to protect a security interest.
    (2) Holding foreclosed property for disposition and liquidation. A 
holder, who does not participate in management prior to or after 
foreclosure, may sell, re-lease, pursuant to a lease financing 
transaction (whether by a new lease financing transaction or 
substitution of the lessee), an UST or UST system or facility or 
property on which the UST or UST system is located, liquidate, wind up 
operations, and take measures, prior to sale or other disposition, to 
preserve, protect, or prepare the secured UST or UST system or facility 
or property on which the UST or UST system is located. A holder may also 
arrange for an existing or new operator to continue or initiate 
operation of the UST or UST system. The holder may conduct these 
activities without voiding the security interest exemption, subject to 
the requirements of this subpart.
    (i) A holder establishes that the ownership indicia maintained after 
foreclosure continue to be held primarily to protect a security interest 
by, within 12 months following foreclosure, listing the UST or UST 
system or the facility or property on which the UST or UST system is 
located, with a broker, dealer, or agent who deals with the type of 
property in question, or by advertising the UST or UST system or 
facility or property on which the UST or UST system is located, as being 
for sale or disposition on at least a monthly basis in either a real 
estate publication or a trade or other publication suitable for the UST 
or UST system or facility or property on which the UST or UST system is 
located, or a newspaper of general circulation (defined as one with a 
circulation over 10,000, or

[[Page 593]]

one suitable under any applicable federal, state, or local rules of 
court for publication required by court order or rules of civil 
procedure) covering the location of the UST or UST system or facility or 
property on which the UST or UST system is located. For purposes of this 
provision, the 12-month period begins to run from December 6, 1995 or 
from the date that the marketable title or deed has been issued, 
approved and recorded, and the holder has obtained access to the UST, 
UST system, UST facility and property on which the UST or UST system is 
located, whichever is later, provided that the holder acted diligently 
to acquire marketable title or deed and to obtain access to the UST, UST 
system, UST facility and property on which the UST or UST system is 
located. If the holder fails to act diligently to acquire marketable 
title or deed or to gain access to the UST or UST system, the 12-month 
period begins to run from December 6, 1995 or from the date on which the 
holder first acquires either title to or possession of the secured UST 
or UST system, or facility or property on which the UST or UST system is 
located, whichever is later.
    (ii) A holder that outbids, rejects, or fails to act upon an offer 
of fair consideration for the UST or UST system or the facility or 
property on which the UST or UST system is located, establishes by such 
outbidding, rejection, or failure to act, that the ownership indicia in 
the secured UST or UST system or facility or property on which the UST 
or UST system is located are not held primarily to protect the security 
interest, unless the holder is required, in order to avoid liability 
under federal or state law, to make a higher bid, to obtain a higher 
offer, or to seek or obtain an offer in a different manner.
    (A) Fair consideration, in the case of a holder maintaining indicia 
of ownership primarily to protect a senior security interest in the UST 
or UST system or facility or property on which the UST or UST system is 
located, is the value of the security interest as defined in this 
section. The value of the security interest includes all debt and costs 
incurred by the security interest holder, and is calculated as an amount 
equal to or in excess of the sum of the outstanding principal (or 
comparable amount in the case of a lease that constitutes a security 
interest) owed to the holder immediately preceding the acquisition of 
full title (or possession in the case of a lease financing transaction) 
pursuant to foreclosure, plus any unpaid interest, rent, or penalties 
(whether arising before or after foreclosure). The value of the security 
interest also includes all reasonable and necessary costs, fees, or 
other charges incurred by the holder incident to work out, foreclosure, 
retention, preserving, protecting, and preparing, prior to sale, the UST 
or UST system or facility or property on which the UST or UST system is 
located, re-lease, pursuant to a lease financing transaction (whether by 
a new lease financing transaction or substitution of the lessee), of an 
UST or UST system or facility or property on which the UST or UST system 
is located, or other disposition. The value of the security interest 
also includes environmental investigation costs (which could include a 
site assessment, inspection, and/or audit of the UST or UST system or 
facility or property on which the UST or UST system is located), and 
corrective action costs incurred under Sec. Sec. 280.51 through 280.67 
or any other costs incurred as a result of reasonable efforts to comply 
with any other applicable federal, state or local law or regulation; 
less any amounts received by the holder in connection with any partial 
disposition of the property and any amounts paid by the borrower (if not 
already applied to the borrower's obligations) subsequent to the 
acquisition of full title (or possession in the case of a lease 
financing transaction) pursuant to foreclosure. In the case of a holder 
maintaining indicia of ownership primarily to protect a junior security 
interest, fair consideration is the value of all outstanding higher 
priority security interests plus the value of the security interest held 
by the junior holder, each calculated as set forth in this paragraph 
(c).
    (B) Outbids, rejects, or fails to act upon an offer of fair 
consideration means that the holder outbids, rejects, or fails to act 
upon within 90 days of receipt, a written, bona fide, firm offer of fair 
consideration for the UST or UST system or facility or property on

[[Page 594]]

which the UST or UST system is located received at any time after six 
months following foreclosure, as defined in Sec. 280.210(c). A 
``written, bona fide, firm offer'' means a legally enforceable, 
commercially reasonable, cash offer solely for the foreclosed UST or UST 
system or facility or property on which the UST or UST system is 
located, including all material terms of the transaction, from a ready, 
willing, and able purchaser who demonstrates to the holder's 
satisfaction the ability to perform. For purposes of this provision, the 
six-month period begins to run from December 6, 1995 or from the date 
that marketable title or deed has been issued, approved and recorded to 
the holder, and the holder has obtained access to the UST, UST system, 
UST facility and property on which the UST or UST system is located, 
whichever is later, provided that the holder was acting diligently to 
acquire marketable title or deed and to obtain access to the UST or UST 
system, UST facility and property on which the UST or UST system is 
located. If the holder fails to act diligently to acquire marketable 
title or deed or to gain access to the UST or UST system, the six-month 
period begins to run from December 6, 1995 or from the date on which the 
holder first acquires either title to or possession of the secured UST 
or UST system, or facility or property on which the UST or UST system is 
located, whichever is later.
    (3) Actions that are not participation in management post-
foreclosure. A holder is not considered to be participating in the 
management of an UST or UST system or facility or property on which the 
UST or UST system is located when undertaking actions under this part, 
provided that the holder does not otherwise participate in the 
management or daily operation of the UST or UST system as provided in 
Sec. 280.210(a) and Sec. 280.230. Such allowable actions include, but 
are not limited to, release detection and release reporting, release 
response and corrective action, temporary or permanent closure of an UST 
or UST system, UST upgrading or replacement, and maintenance of 
corrosion protection. A holder who undertakes these actions must do so 
in compliance with the applicable requirements in this part or 
applicable state requirements in those states that have been delegated 
authority by EPA to administer the UST program pursuant to 42 U.S.C. 
6991c and 40 CFR part 281. A holder may directly oversee these 
environmental compliance actions and voluntary environmental actions, 
and directly hire contractors to perform the work, and is not by such 
action considered to be participating in the management of the UST or 
UST system.



Sec. 280.220  Ownership of an underground storage tank
or underground storage tank system or facility or property
on which an underground storage tank or 
          underground storage tank system is located.

    Ownership of an UST or UST system or facility or property on which 
an UST or UST system is located. A holder is not an ``owner'' of a 
petroleum UST or UST system or facility or property on which a petroleum 
UST or UST system is located for purposes of compliance with the UST 
technical standards as defined in Sec. 280.200(a), the UST corrective 
action requirements under Sec. Sec. 280.51 through 280.67, and the UST 
financial responsibility requirements under Sec. Sec. 280.90 through 
280.111, provided the person:
    (a) Does not participate in the management of the UST or UST system 
as defined in Sec. 280.210; and
    (b) Does not engage in petroleum production, refining, and marketing 
as defined in Sec. 280.200(b).



Sec. 280.230  Operating an underground storage tank
or underground storage tank system.

    (a) Operating an UST or UST system prior to foreclosure. A holder, 
prior to foreclosure, as defined in Sec. 280.210(c), is not an 
``operator'' of a petroleum UST or UST system for purposes of compliance 
with the UST technical standards as defined in Sec. 280.200(a), the UST 
corrective action requirements under Sec. Sec. 280.51 through 280.67, 
and the UST financial responsibility requirements under Sec. Sec. 
280.90 through 280.111, provided that, after December 6, 1995, the 
holder is not in control of or does not have responsibility for the 
daily operation of the UST or UST system.

[[Page 595]]

    (b) Operating an UST or UST system after foreclosure. The following 
provisions apply to a holder who, through foreclosure, as defined in 
Sec. 280.210(c), acquires a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located.
    (1) A holder is not an ``operator'' of a petroleum UST or UST system 
for purposes of compliance with this part if there is an operator, other 
than the holder, who is in control of or has responsibility for the 
daily operation of the UST or UST system, and who can be held 
responsible for compliance with applicable requirements of this part or 
applicable state requirements in those states that have been delegated 
authority by EPA to administer the UST program pursuant to 42 U.S.C. 
6991c and 40 CFR part 281.
    (2) If another operator does not exist, as provided for under 
paragraph (b)(1) of this section, a holder is not an ``operator'' of the 
UST or UST system, for purposes of compliance with the UST technical 
standards as defined in Sec. 280.200(a), the UST corrective action 
requirements under Sec. Sec. 280.51 through 280.67, and the UST 
financial responsibility requirements under Sec. Sec. 280.90 through 
280.111, provided that the holder:
    (i) Empties all of its known USTs and UST systems within 60 calendar 
days after foreclosure or within 60 calendar days after December 6, 
1995, whichever is later, or another reasonable time period specified by 
the implementing agency, so that no more than 2.5 centimeters (one inch) 
of residue, or 0.3 percent by weight of the total capacity of the UST 
system, remains in the system; leaves vent lines open and functioning; 
and caps and secures all other lines, pumps, manways, and ancillary 
equipment; and
    (ii) Empties those USTs and UST systems that are discovered after 
foreclosure within 60 calendar days after discovery or within 60 
calendar days after December 6, 1995, whichever is later, or another 
reasonable time period specified by the implementing agency, so that no 
more than 2.5 centimeters (one inch) of residue, or 0.3 percent by 
weight of the total capacity of the UST system, remains in the system; 
leaves vent lines open and functioning; and caps and secures all other 
lines, pumps, manways, and ancillary equipment.
    (3) If another operator does not exist, as provided for under 
paragraph (b)(1) of this section, in addition to satisfying the 
conditions under paragraph (b)(2) of this section, the holder must 
either:
    (i) Permanently close the UST or UST system in accordance with 
Sec. Sec. 280.71 through 280.74, except Sec. 280.72(b); or
    (ii) Temporarily close the UST or UST system in accordance with the 
following applicable provisions of Sec. 280.70:
    (A) Continue operation and maintenance of corrosion protection in 
accordance with Sec. 280.31;
    (B) Report suspected releases to the implementing agency; and
    (C) Conduct a site assessment in accordance with Sec. 280.72(a) if 
the UST system is temporarily closed for more than 12 months and the UST 
system does not meet either the performance standards in Sec. 280.20 
for new UST systems or the upgrading requirements in Sec. 280.21, 
except that the spill and overfill equipment requirements do not have to 
be met. The holder must report any suspected releases to the 
implementing agency. For purposes of this provision, the 12-month period 
begins to run from December 6, 1995 or from the date on which the UST 
system is emptied and secured under paragraph (b)(2) of this section, 
whichever is later.
    (4) The UST system can remain in temporary closure until a 
subsequent purchaser has acquired marketable title to the UST or UST 
system or facility or property on which the UST or UST system is 
located. Once a subsequent purchaser acquires marketable title to the 
UST or UST system or facility or property on which the UST or UST system 
is located, the purchaser must decide whether to operate or close the 
UST or UST system in accordance with applicable requirements in this 
part or applicable state requirements in those states that have been 
delegated authority by EPA to administer the UST program pursuant to 42 
U.S.C. 6991c and 40 CFR part 281.

[[Page 596]]



                       Subpart J_Operator Training



Sec. 280.240  General requirement for all UST systems.

    Not later than October 13, 2018, all owners and operators of UST 
systems must ensure they have designated Class A, Class B, and Class C 
operators who meet the requirements of this subpart.



Sec. 280.241  Designation of Class A, B, and C operators.

    UST system owners and operators must designate:
    (a) At least one Class A and one Class B operator for each UST or 
group of USTs at a facility; and
    (b) Each individual who meets the definition of Class C operator at 
the UST facility as a Class C operator.



Sec. 280.242  Requirements for operator training.

    UST system owners and operators must ensure Class A, Class B, and 
Class C operators meet the requirements of this section. Any individual 
designated for more than one operator class must successfully complete 
the required training program or comparable examination according to the 
operator class in which the individual is designated.
    (a) Class A operators. Each designated Class A operator must either 
be trained in accordance with paragraphs (a)(1) and (2) of this section 
or pass a comparable examination in accordance with paragraph (e) of 
this section.
    (1) At a minimum, the training program for the Class A operator must 
provide general knowledge of the requirements in this paragraph (a). At 
a minimum, the training must teach the Class A operators, as applicable, 
about the purpose, methods, and function of:
    (i) Spill and overfill prevention;
    (ii) Release detection;
    (iii) Corrosion protection;
    (iv) Emergency response;
    (v) Product and equipment compatibility and demonstration;
    (vi) Financial responsibility;
    (vii) Notification and storage tank registration;
    (viii) Temporary and permanent closure;
    (ix) Related reporting, recordkeeping, testing, and inspections;
    (x) Environmental and regulatory consequences of releases; and
    (xi) Training requirements for Class B and Class C operators.
    (2) At a minimum, the training program must evaluate Class A 
operators to determine these individuals have the knowledge and skills 
to make informed decisions regarding compliance and determine whether 
appropriate individuals are fulfilling the operation, maintenance, and 
recordkeeping requirements for UST systems in accordance with paragraph 
(a)(1) of this section.
    (b) Class B operators. Each designated Class B operator must either 
receive training in accordance with paragraphs (b)(1) and (2) of this 
section or pass a comparable examination, in accordance with paragraph 
(e) of this section.
    (1) At a minimum, the training program for the Class B operator must 
cover either: general requirements that encompass all regulatory 
requirements and typical equipment used at UST facilities; or site-
specific requirements which address only the regulatory requirements and 
equipment specific to the facility. At a minimum, the training program 
for Class B operators must teach the Class B operator, as applicable, 
about the purpose, methods, and function of:
    (i) Operation and maintenance;
    (ii) Spill and overfill prevention;
    (iii) Release detection and related reporting;
    (iv) Corrosion protection;
    (v) Emergency response;
    (vi) Product and equipment compatibility and demonstration;
    (vii) Reporting, recordkeeping, testing, and inspections;
    (viii) Environmental and regulatory consequences of releases; and
    (ix) Training requirements for Class C operators.
    (2) At a minimum, the training program must evaluate Class B 
operators to determine these individuals have the knowledge and skills 
to implement applicable UST regulatory requirements in the field on the 
components of typical UST systems or, as applicable, site-specific 
equipment used at an UST facility in accordance with paragraph (b)(1) of 
this section.
    (c) Class C operators. Each designated Class C operator must either: 
be

[[Page 597]]

trained by a Class A or Class B operator in accordance with paragraphs 
(c)(1) and (2) of this section; complete a training program in 
accordance with paragraphs (c)(1) and (2) of this section; or pass a 
comparable examination, in accordance with paragraph (e) of this 
section.
    (1) At a minimum, the training program for the Class C operator must 
teach the Class C operators to take appropriate actions (including 
notifying appropriate authorities) in response to emergencies or alarms 
caused by spills or releases resulting from the operation of the UST 
system.
    (2) At a minimum, the training program must evaluate Class C 
operators to determine these individuals have the knowledge and skills 
to take appropriate action (including notifying appropriate authorities) 
in response to emergencies or alarms caused by spills or releases from 
an underground storage tank system.
    (d) Training program. Any training program must meet the minimum 
requirements of this section and include an evaluation through testing, 
a practical demonstration, or another approach acceptable to the 
implementing agency.
    (e) Comparable examination. A comparable examination must, at a 
minimum, test the knowledge of the Class A, Class B, or Class C 
operators in accordance with the requirements of paragraphs (a), (b), or 
(c) of this section, as applicable.



Sec. 280.243  Timing of operator training.

    (a) An owner and operator must ensure that designated Class A, Class 
B, and Class C operators meet the requirements in Sec. 280.242 not 
later than October 13, 2018.
    (b) Class A and Class B operators designated after October 13, 2018 
must meet requirements in Sec. 280.242 within 30 days of assuming 
duties.
    (c) Class C operators designated after October 13, 2018 must be 
trained before assuming duties of a Class C operator.



Sec. 280.244  Retraining.

    Class A and Class B operators of UST systems determined by the 
implementing agency to be out of compliance must complete a training 
program or comparable examination in accordance with requirements in 
Sec. 280.242. The training program or comparable examination must be 
developed or administered by an independent organization, the 
implementing agency, or a recognized authority. At a minimum, the 
training must cover the area(s) determined to be out of compliance. UST 
system owners and operators must ensure Class A and Class B operators 
are retrained pursuant to this section no later than 30 days from the 
date the implementing agency determines the facility is out of 
compliance except in one of the following situations:
    (a) Class A and Class B operators take annual refresher training. 
Refresher training for Class A and Class B operators must cover all 
applicable requirements in Sec. 280.242, or
    (b) The implementing agency, at its discretion, waives this 
retraining requirement for either the Class A or Class B operator or 
both.



Sec. 280.245  Documentation.

    Owners and operators of underground storage tank systems must 
maintain a list of designated Class A, Class B, and Class C operators 
and maintain records verifying that training and retraining, as 
applicable, have been completed, in accordance with Sec. 280.34 as 
follows:
    (a) The list must:
    (1) Identify all Class A, Class B, and Class C operators currently 
designated for the facility; and
    (2) Include names, class of operator trained, date assumed duties, 
date each completed initial training, and any retraining.
    (b) Records verifying completion of training or retraining must be a 
paper or electronic record for Class A, Class B, and Class C operators. 
The records, at a minimum, must identify name of trainee, date trained, 
operator training class completed, and list the name of the trainer or 
examiner and the training company name, address, and telephone number. 
Owners and operators must maintain these records for as long as Class A, 
Class B, and Class C operators are designated. The following 
requirements also apply to the following types of training:
    (1) Records from classroom or field training programs (including 
Class C

[[Page 598]]

operator training provided by the Class A or Class B operator) or a 
comparable examination must, at a minimum, be signed by the trainer or 
examiner;
    (2) Records from computer based training must, at a minimum, 
indicate the name of the training program and web address, if Internet 
based; and
    (3) Records of retraining must include those areas on which the 
Class A or Class B operator has been retrained.



 Subpart K_UST Systems with Field-Constructed Tanks and Airport Hydrant 
                        Fuel Distribution Systems



Sec. 280.250  Definitions.

    For purposes of this subpart, the following definitions apply:
    Airport hydrant fuel distribution system (also called airport 
hydrant system) means an UST system which fuels aircraft and operates 
under high pressure with large diameter piping that typically terminates 
into one or more hydrants (fill stands). The airport hydrant system 
begins where fuel enters one or more tanks from an external source such 
as a pipeline, barge, rail car, or other motor fuel carrier.
    Field-constructed tank means a tank constructed in the field. For 
example, a tank constructed of concrete that is poured in the field, or 
a steel or fiberglass tank primarily fabricated in the field is 
considered field-constructed.



Sec. 280.251  General requirements.

    (a) Implementation of requirements. Owners and operators must comply 
with the requirements of this part for UST systems with field-
constructed tanks and airport hydrant systems as follows:
    (1) For UST systems installed on or before October 13, 2015 the 
requirements are effective according to the following schedule:

------------------------------------------------------------------------
            Requirement                         Effective date
------------------------------------------------------------------------
Upgrading UST systems; general       October 13, 2018.
 operating requirements; and
 operator training.
Release detection..................  October 13, 2018.
Release reporting, response, and     October 13, 2015.
 investigation; closure; financial
 responsibility and notification
 (except as provided in paragraph
 (b) of this section).
------------------------------------------------------------------------

    (2) For UST systems installed after October 13, 2015, the 
requirements apply at installation.
    (b) Not later than October 13, 2018, all owners of previously 
deferred UST systems must submit a one-time notice of tank system 
existence to the implementing agency, using the form in appendix I of 
this part or a state form in accordance with Sec. 280.22(c). Owners and 
operators of UST systems in use as of October 13, 2015 must demonstrate 
financial responsibility at the time of submission of the notification 
form.
    (c) Except as provided in Sec. 280.252, owners and operators must 
comply with the requirements of subparts A through H and J of this part.
    (d) In addition to the codes of practice listed in Sec. 280.20, 
owners and operators may use military construction criteria, such as 
Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, 
when designing, constructing, and installing airport hydrant systems and 
UST systems with field-constructed tanks.



Sec. 280.252  Additions, exceptions, and alternatives for UST systems
with field-constructed tanks and airport hydrant systems.

    (a) Exception to piping secondary containment requirements. Owners 
and operators may use single walled piping when installing or replacing 
piping associated with UST systems with field-constructed tanks greater 
than 50,000 gallons and piping associated with airport hydrant systems. 
Piping associated with UST systems with field-constructed tanks less 
than or equal to 50,000 gallons not part of an airport hydrant system 
must meet the secondary containment requirement when installed or 
replaced.
    (b) Upgrade requirements. Not later than October 13, 2018, airport 
hydrant systems and UST systems with field-constructed tanks where 
installation commenced on or before October 13,

[[Page 599]]

2015 must meet the following requirements or be permanently closed 
pursuant to subpart G of this part.
    (1) Corrosion protection. UST system components in contact with the 
ground that routinely contain regulated substances must meet one of the 
following:
    (i) Except as provided in paragraph (a) of this section, the new UST 
system performance standards for tanks at Sec. 280.20(a) and for piping 
at Sec. 280.20(b); or
    (ii) Be constructed of metal and cathodically protected according to 
a code of practice developed by a nationally recognized association or 
independent testing laboratory and meets the following:
    (A) Cathodic protection must meet the requirements of Sec. 
280.20(a)(2)(ii), (iii), and (iv) for tanks, and Sec. 280.20(b)(2)(ii), 
(iii), and (iv) for piping.
    (B) Tanks greater than 10 years old without cathodic protection must 
be assessed to ensure the tank is structurally sound and free of 
corrosion holes prior to adding cathodic protection. The assessment must 
be by internal inspection or another method determined by the 
implementing agency to adequately assess the tank for structural 
soundness and corrosion holes.

    Note to paragraph (b). The following codes of practice may be used 
to comply with this paragraph (b):
    (A) NACE International Standard Practice SP 0285, ``External Control 
of Underground Storage Tank Systems by Cathodic Protection'';
    (B) NACE International Standard Practice SP 0169, ``Control of 
External Corrosion on Underground or Submerged Metallic Piping 
Systems'';
    (C) National Leak Prevention Association Standard 631, Chapter C, 
``Internal Inspection of Steel Tanks for Retrofit of Cathodic 
Protection''; or
    (D) American Society for Testing and Materials Standard G158, 
``Standard Guide for Three Methods of Assessing Buried Steel Tanks''.

    (2) Spill and overfill prevention equipment. To prevent spilling and 
overfilling associated with product transfer to the UST system, all UST 
systems with field-constructed tanks and airport hydrant systems must 
comply with new UST system spill and overfill prevention equipment 
requirements specified in Sec. 280.20(c).
    (c) Walkthrough inspections. In addition to the walkthrough 
inspection requirements in Sec. 280.36, owners and operators must 
inspect the following additional areas for airport hydrant systems at 
least once every 30 days if confined space entry according to the 
Occupational Safety and Health Administration (see 29 CFR part 1910) is 
not required or at least annually if confined space entry is required 
and keep documentation of the inspection according to Sec. 280.36(b).
    (1) Hydrant pits--visually check for any damage; remove any liquid 
or debris; and check for any leaks, and
    (2) Hydrant piping vaults--check for any hydrant piping leaks.
    (d) Release detection. Owners and operators of UST systems with 
field-constructed tanks and airport hydrant systems must begin meeting 
the release detection requirements described in this subpart not later 
than October 13, 2018.
    (1) Methods of release detection for field-constructed tanks. Owners 
and operators of field-constructed tanks with a capacity less than or 
equal to 50,000 gallons must meet the release detection requirements in 
subpart D of this part. Owners and operators of field-constructed tanks 
with a capacity greater than 50,000 gallons must meet either the 
requirements in subpart D (except Sec. 280.43(e) and (f) must be 
combined with inventory control as stated below) or use one or a 
combination of the following alternative methods of release detection:
    (i) Conduct an annual tank tightness test that can detect a 0.5 
gallon per hour leak rate;
    (ii) Use an automatic tank gauging system to perform release 
detection at least every 30 days that can detect a leak rate less than 
or equal to one gallon per hour. This method must be combined with a 
tank tightness test that can detect a 0.2 gallon per hour leak rate 
performed at least every three years;
    (iii) Use an automatic tank gauging system to perform release 
detection at least every 30 days that can detect a leak rate less than 
or equal to two gallons per hour. This method must be combined with a 
tank tightness test that can detect a 0.2 gallon per hour

[[Page 600]]

leak rate performed at least every two years;
    (iv) Perform vapor monitoring (conducted in accordance with Sec. 
280.43(e) for a tracer compound placed in the tank system) capable of 
detecting a 0.1 gallon per hour leak rate at least every two years;
    (v) Perform inventory control (conducted in accordance with 
Department of Defense Directive 4140.25; ATA Airport Fuel Facility 
Operations and Maintenance Guidance Manual; or equivalent procedures) at 
least every 30 days that can detect a leak equal to or less than 0.5 
percent of flow-through; and
    (A) Perform a tank tightness test that can detect a 0.5 gallon per 
hour leak rate at least every two years; or
    (B) Perform vapor monitoring or groundwater monitoring (conducted in 
accordance with Sec. 280.43(e) or (f), respectively, for the stored 
regulated substance) at least every 30 days; or
    (vi) Another method approved by the implementing agency if the owner 
and operator can demonstrate that the method can detect a release as 
effectively as any of the methods allowed in paragraphs (d)(1)(i) 
through (v) of this section. In comparing methods, the implementing 
agency shall consider the size of release that the method can detect and 
the frequency and reliability of detection.
    (2) Methods of release detection for piping. Owners and operators of 
underground piping associated with field-constructed tanks less than or 
equal to 50,000 gallons must meet the release detection requirements in 
subpart D of this part. Owners and operators of underground piping 
associated with airport hydrant systems and field-constructed tanks 
greater than 50,000 gallons must follow either the requirements in 
subpart D (except Sec. 280.43(e) and (f) must be combined with 
inventory control as stated below) or use one or a combination of the 
following alternative methods of release detection:
    (i)(A) Perform a semiannual or annual line tightness test at or 
above the piping operating pressure in accordance with the table below.

           Maximum Leak Detection Rate Per Test Section Volume
------------------------------------------------------------------------
                                            Semiannual     Annual test--
                                            test--leak    leak detection
                                          detection rate    rate not to
      Test section volume (gallons)        not to exceed      exceed
                                           (gallons per    (gallons per
                                               hour)           hour)
------------------------------------------------------------------------
<50,000.................................             1.0            0.5
=50,000 to <75,000...........             1.5            0.75
=75,000 to <100,000..........             2.0            1.0
=100,000.....................             3.0            1.5
------------------------------------------------------------------------

    (B) Piping segment volumes =100,000 gallons not capable 
of meeting the maximum 3.0 gallon per hour leak rate for the semiannual 
test may be tested at a leak rate up to 6.0 gallons per hour according 
to the following schedule:

   Phase In For Piping Segments =100,000 Gallons In Volume
------------------------------------------------------------------------
 
------------------------------------------------------------------------
First test...................  Not later than October 13, 2018 (may use
                                up to 6.0 gph leak rate).
Second test..................  Between October 13, 2018 and October 13,
                                2021 (may use up to 6.0 gph leak rate).
Third test...................  Between October 13, 2021 and October 13,
                                2022 (must use 3.0 gph for leak rate).
Subsequent tests.............  After October 13, 2022, begin using
                                semiannual or annual line testing
                                according to the Maximum Leak Detection
                                Rate Per Test Section Volume table
                                above.
------------------------------------------------------------------------

    (ii) Perform vapor monitoring (conducted in accordance with Sec. 
280.43(e) for a tracer compound placed in the tank system) capable of 
detecting a 0.1 gallon per hour leak rate at least every two years;
    (iii) Perform inventory control (conducted in accordance with 
Department of Defense Directive 4140.25; ATA Airport Fuel Facility 
Operations and Maintenance Guidance Manual; or equivalent procedures) at 
least every 30 days that can detect a leak equal to or less than 0.5 
percent of flow-through; and

[[Page 601]]

    (A) Perform a line tightness test (conducted in accordance with 
paragraph (d)(2)(i) of this section using the leak rates for the 
semiannual test) at least every two years; or
    (B) Perform vapor monitoring or groundwater monitoring (conducted in 
accordance with Sec. 280.43(e) or (f), respectively, for the stored 
regulated substance) at least every 30 days; or
    (iv) Another method approved by the implementing agency if the owner 
and operator can demonstrate that the method can detect a release as 
effectively as any of the methods allowed in paragraphs (d)(2)(i) 
through (iii) of this section. In comparing methods, the implementing 
agency shall consider the size of release that the method can detect and 
the frequency and reliability of detection.
    (3) Recordkeeping for release detection. Owners and operators must 
maintain release detection records according to the recordkeeping 
requirements in Sec. 280.45.
    (e) Applicability of closure requirements to previously closed UST 
systems. When directed by the implementing agency, the owner and 
operator of an UST system with field-constructed tanks or airport 
hydrant system permanently closed before October 13, 2015 must assess 
the excavation zone and close the UST system in accordance with subpart 
G of this part if releases from the UST may, in the judgment of the 
implementing agency, pose a current or potential threat to human health 
and the environment.

[[Page 602]]



Sec. Appendix I to Part 280--Notification for Underground Storage Tanks 
                                 (Forms)
[GRAPHIC] [TIFF OMITTED] TR15JY15.043


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[GRAPHIC] [TIFF OMITTED] TR15JY15.044


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[GRAPHIC] [TIFF OMITTED] TR15JY15.048



Sec. Appendix II to Part 280--Notification of Ownership for Underground 
                          Storage Tanks (Form)

[[Page 608]]

[GRAPHIC] [TIFF OMITTED] TR15JY15.049



   Sec. Appendix III to Part 280--Statement for Shipping Tickets and 
                                Invoices

    Note. A federal law (the Solid Waste Disposal Act, as amended), 
requires owners of certain underground storage tanks to notify 
implementing agencies of the existence of their tanks. Notifications 
must be made within 30 days of bringing the tank into use. Consult EPA's 
regulation at 40 CFR 280.22 to determine if you are affected by this 
law.

[[Page 609]]



PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS
--Table of Contents



            Subpart A_Purpose, General Requirements and Scope

Sec.
281.10 Purpose.
281.11 General requirements.
281.12 Scope and definitions.

              Subpart B_Components of a Program Application

281.20 Program application.
281.21 Description of state program.
281.22 Procedures for adequate enforcement.
281.23 Memorandum of agreement.
281.24 Attorney General's statement.

                Subpart C_Criteria for No Less Stringent

281.30 New UST system design, construction, installation, and 
          notification.
281.31 Upgrading existing UST systems.
281.32 General operating requirements.
281.33 Release detection.
281.34 Release reporting, investigation, and confirmation.
281.35 Release response and corrective action.
281.36 Out-of-service UST systems and closure.
281.37 Financial responsibility for UST systems containing petroleum.
281.38 Lender liability.
281.39 Operator training.

              Subpart D_Adequate Enforcement of Compliance

281.40 Requirements for compliance program and authority.
281.41 Requirements for enforcement authority.
281.42 Requirements for public participation.
281.43 Sharing of information.

                      Subpart E_Approval Procedures

281.50 Approval procedures for state programs.
281.51 Revision of approved state programs.

           Subpart F_Withdrawal of Approval of State Programs

281.60 Criteria for withdrawal of approval of state programs.
281.61 Procedures for withdrawal of approval of state programs.

    Authority: 42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i), 
6991(k).

    Source: 80 FR 41677, July 15, 2015, unless otherwise noted.



            Subpart A_Purpose, General Requirements and Scope



Sec. 281.10  Purpose.

    (a) This part specifies the requirements that state programs must 
meet for approval by the Administrator under section 9004 of the Solid 
Waste Disposal Act, and the procedures EPA will follow in approving, 
revising and withdrawing approval of state programs.
    (b) State submissions for program approval must be in accordance 
with the procedures set out in this part.
    (c) A state may apply for approval under this part at any time after 
the promulgation of release detection, prevention, and corrective action 
regulations under Sec. 9003 of the Solid Waste Disposal Act.
    (d) Any state program approved by the Administrator under this part 
shall at all times be conducted in accordance with the requirements of 
this part.



Sec. 281.11  General requirements.

    (a) State program elements. The following substantive elements of a 
state program must be addressed in a state application for approval:
    (1) Requirements for all existing and new underground storage tanks:
    (i) New UST systems (design, construction, installation, and 
notification);
    (ii) Upgrading of existing UST systems;
    (iii) General operating requirements;
    (iv) Release detection;
    (v) Release reporting, investigation, and confirmation;
    (vi) Out-of-service USTs and closure;
    (vii) Release response and corrective action;
    (viii) Financial responsibility for UST systems containing 
petroleum; and
    (ix) Operator training.
    (2) Provisions for adequate enforcement of compliance with the above 
program elements.
    (b) Final approval. The state must demonstrate that its requirements 
under each state program element for existing and new UST systems are no

[[Page 610]]

less stringent than the corresponding federal requirements as set forth 
in subpart C of this part. The state must also demonstrate that it has a 
program that provides adequate enforcement of compliance with these 
requirements.
    (c) States with programs approved under this part are authorized to 
administer the state program in lieu of the federal program and will 
have primary enforcement responsibility with respect to the requirements 
of the approved program. EPA retains authority to take enforcement 
action in approved states as necessary and will notify the designated 
lead state agency of any such intended action.



Sec. 281.12  Scope and definitions.

    (a) Scope. (1) The Administrator may approve either partial or 
complete state programs. A ``partial'' state program regulates either 
solely UST systems containing petroleum or solely UST systems containing 
hazardous substances. If a ``partial'' state program is approved, EPA 
will administer the remaining part of the program. A ``complete'' state 
program regulates both petroleum and hazardous substance tanks.
    (2) EPA will administer the UST program in Indian country, except 
where Congress has clearly expressed an intention to grant a state 
authority to regulate petroleum and hazardous substance USTs in Indian 
country. In either case, this decision will not impair a state's ability 
to obtain program approval for petroleum or hazardous substances in non-
Indian country in accordance with this part.
    (3) Nothing in this subpart precludes a state from:
    (i) Adopting or enforcing requirements that are more stringent or 
more extensive than those required under this part; or
    (ii) Operating a program with a greater scope of coverage than that 
required under this part. Where an approved state program has a greater 
scope of coverage than required by federal law, the additional coverage 
is not part of the federally-approved program.
    (b) Definitions. (1) The definitions in 40 CFR part 280 apply to 
this entire part except as described below.
    (i) States may use the definitions associated with tank and piping 
secondary containment as defined in section 9003 of the Solid Waste 
Disposal Act.
    (ii) States may use the definitions associated with operator 
training as described in Sec. 9010 of the Solid Waste Disposal Act.
    (2) For the purposes of this part the term ``final approval'' means 
the approval received by a state program that meets the requirements in 
Sec. 281.11(b).



              Subpart B_Components of a Program Application



Sec. 281.20  Program application.

    Any state that seeks to administer a program under this part must 
submit an application containing the following parts:
    (a) A transmittal letter from the Governor of the state requesting 
program approval;
    (b) A description in accordance with Sec. 281.21 of the state 
program and operating procedures;
    (c) A demonstration of the state's procedures to ensure adequate 
enforcement;
    (d) A Memorandum of Agreement outlining roles and responsibilities 
of EPA and the implementing agency;
    (e) An Attorney General's statement in accordance with Sec. 281.25 
certifying to applicable state authorities; and
    (f) Copies of all applicable state statutes and regulations.



Sec. 281.21  Description of state program.

    A state seeking to administer a program under this part must submit 
a description of the program it proposes to administer under state law 
in lieu of the federal program. The description of a state's existing or 
planned program must include:
    (a) The scope of the state program:
    (1) Whether the state program regulates UST systems containing 
petroleum or hazardous substances, or both;
    (2) Whether the state program is more stringent or broader in scope 
than the federal program, and in what ways; and
    (3) Whether the state has any existing authority in Indian country 
or has

[[Page 611]]

existing agreements with Indian tribes relevant to the regulation of 
underground storage tanks.
    (b) The organization and structure of the state and local agencies 
with responsibility for administering the program. The jurisdiction and 
responsibilities of all state and local implementing agencies must be 
delineated, appropriate procedures for coordination set forth, and one 
state agency designated as a ``lead agency'' to facilitate 
communications between EPA and the state.
    (c) Staff resources to carry out and enforce the required state 
program elements, both existing and planned, including the number of 
employees, agency where employees are located, general duties of the 
employees, and current limits or restrictions on hiring or utilization 
of staff.
    (d) An existing state funding mechanism to meet the estimated costs 
of administering and enforcing the required state program elements, and 
any restrictions or limitations upon this funding.



Sec. 281.22  Procedures for adequate enforcement.

    A state must submit a description of its compliance monitoring and 
enforcement procedures, including related state administrative or 
judicial review procedures.



Sec. 281.23  Memorandum of agreement.

    EPA and the approved state will negotiate a Memorandum of Agreement 
(MOA) containing proposed areas of coordination and shared 
responsibilities between the state and EPA and separate EPA and state 
roles and responsibilities in areas including, but not limited to: 
Implementation of partial state programs; enforcement; compliance 
monitoring; EPA oversight; and sharing and reporting of information. At 
the time of approval, the MOA must be signed by the Regional 
Administrator and the appropriate official of the state lead agency.



Sec. 281.24  Attorney General's statement.

    (a) A state must submit a written demonstration from the Attorney 
General that the laws and regulations of the state provide adequate 
authority to carry out the program described under Sec. 281.21 and to 
meet other requirements of this part. This statement may be signed by 
independent legal counsel for the state rather than the Attorney 
General, provided that such counsel has full authority to independently 
represent the state Agency in court on all matters pertaining to the 
state program. This statement must include citations to the specific 
statutes, administrative regulations, and where appropriate, judicial 
decisions that demonstrate adequate authority to regulate and enforce 
requirements for UST systems. State statutes and regulations cited by 
the state Attorney General must be fully effective when the program is 
approved.
    (b) If a state currently has authority over underground storage tank 
activities in Indian country, the statement must contain an appropriate 
analysis of the state's authority.



                Subpart C_Criteria for No Less Stringent



Sec. 281.30  New UST system design, construction, installation, and notification.

    In order to be considered no less stringent than the corresponding 
federal requirements for new UST system design, construction, 
installation, and notification, the state must have requirements that 
ensure all new underground storage tanks, and the attached piping in 
contact with the ground and used to convey the regulated substance 
stored in the tank, conform to the following:
    (a) Be designed, constructed, and installed in a manner that will 
prevent releases for their operating life due to manufacturing defects, 
structural failure, or corrosion. Unless the state requires manufacturer 
and installer financial responsibility and installer certification in 
accordance with section 9003(i)(2) of the Solid Waste Disposal Act, then 
the state must meet the following:
    (1) New or replaced tanks and piping must use interstitial 
monitoring within secondary containment in accordance with section 
9003(i)(1) of the Solid Waste Disposal Act except as follows:

[[Page 612]]

    (i) Underground piping associated with: Airport hydrant systems or 
field-constructed tanks greater than 50,000 gallons or
    (ii) Underground suction piping that meets Sec. 281.33(d)(2)(ii).
    (2) New motor fuel dispenser systems installed and connected to an 
UST system must be equipped with under-dispenser containment in 
accordance with section 9003(i)(1) of the Solid Waste Disposal Act.

    Note to paragraph (a). Codes of practice developed by nationally 
recognized organizations and national independent testing laboratories 
may be used to demonstrate that the state program requirements are no 
less stringent in this area.

    (b) Be provided with equipment to prevent spills and tank overfills 
when new tanks are installed or existing tanks are upgraded, unless the 
tank does not receive more than 25 gallons at one time. Flow restrictors 
used in vent lines are not allowable forms of overfill prevention when 
overfill prevention is installed or replaced.
    (c) All UST system owners and operators must notify the implementing 
agency of the existence of any new UST system and notify the 
implementing agency within a reasonable timeframe when assuming 
ownership of an UST system using a process designated by the 
implementing agency.



Sec. 281.31  Upgrading existing UST systems.

    In order to be considered no less stringent than the corresponding 
federal upgrading requirements, the state must have requirements that 
ensure existing UST systems meet the requirements of Sec. 281.30; are 
upgraded to prevent releases for their operating life due to corrosion, 
spills, or overfills; or are permanently closed with the following 
exceptions:
    (a) Upgrade requirements for previously deferred UST systems. 
Previously deferred airport hydrant fuel distribution systems and UST 
systems with field-constructed tanks must within three years of the 
effective date of its state requirements meet the requirements of Sec. 
281.30 or be permanently closed. This provision would not apply, 
however, to states that did not defer these UST systems and already had, 
prior to the effective date of this provision, existing requirements 
with specified compliance periods for these types of UST systems.
    (b) Upgrade requirements for other UST systems. States may allow UST 
systems to be upgraded if the state determines that the upgrade is 
appropriate to prevent releases for the operating life of the UST system 
due to corrosion and spills or overfills.



Sec. 281.32  General operating requirements.

    In order to be considered no less stringent than the corresponding 
federal general operating requirements, the state must have requirements 
that ensure all new and existing UST systems conform to the following:
    (a) Prevent spills and overfills by ensuring that the space in the 
tank is sufficient to receive the volume to be transferred and that the 
transfer operation is monitored constantly;
    (b) Where equipped with cathodic protection, be operated and 
maintained by a person with sufficient training and experience in 
preventing corrosion, and in a manner that ensures that no releases 
occur during the operating life of the UST system;

    Note to paragraph (b). Codes of practice developed by nationally 
recognized organizations and national independent testing laboratories 
may be used to demonstrate the state program requirements are no less 
stringent.

    (c) Be made of or lined with materials that are compatible with the 
substance stored; in order to ensure compatibility, the state 
requirements must also include provisions for demonstrating 
compatibility with new and innovative regulated substances or other 
regulated substances identified by the implementing agency or include 
other provisions determined by the implementing agency to be no less 
protective of human health and the environment than the provisions for 
demonstrating compatibility;
    (d) At the time of upgrade or repair, be structurally sound and 
upgraded or repaired in a manner that will prevent releases due to 
structural failure or corrosion during their operating lives;

[[Page 613]]

    (e) Have spill and overfill prevention equipment periodically tested 
or inspected in a manner and frequency that ensures its functionality 
for the operating life of the equipment and have the integrity of 
containment sumps used for interstitial monitoring of piping 
periodically tested in a manner and frequency that prevents releases 
during the operating life of the UST system;
    (f) Have operation and maintenance walkthrough inspections 
periodically conducted in a manner and frequency that ensures proper 
operation and maintenance for the operating life of the UST system; and
    (g) Have records of monitoring, testing, repairs, and inspections. 
These records must be made readily available when requested by the 
implementing agency.



Sec. 281.33  Release detection.

    In order to be considered no less stringent than the corresponding 
federal requirements for release detection, the state must have 
requirements that at a minimum ensure all UST systems are provided with 
release detection that conforms to the following:
    (a) General methods. Release detection requirements for owners and 
operators must consist of a method, or combination of methods, that is:
    (1) Capable of detecting a release of the regulated substance from 
any portion of the UST system that routinely contains regulated 
substances--as effectively as any of the methods allowed under this 
part--for as long as the UST system is in operation. In comparing 
methods, the implementing agency shall consider the size of release that 
the method can detect and the speed and reliability with which the 
release can be detected.
    (2) Designed, installed, calibrated, operated and maintained so that 
releases will be detected in accordance with the capabilities of the 
method;
    (3) Operated and maintained, and electronic and mechanical 
components and other equipment are tested or inspected periodically, in 
a manner and frequency that ensures proper operation to detect releases 
for the operating life of the release detection equipment.
    (b) Phase-in of requirements. Release detection requirements must, 
at a minimum, be applied at all UST systems immediately, except for UST 
systems previously deferred under Sec. 280.10(a)(1). Release detection 
requirements must, at a minimum, be scheduled to be applied to those 
previously deferred UST systems as follows:
    (1) Immediately when a new previously deferred UST system is 
installed; and
    (2) For any previously deferred UST system within three years of the 
effective date of its state requirements. This provision would not 
apply, however, to states that did not defer these UST systems and 
already had, prior to the effective date of this provision, existing 
release detection requirements with specified compliance periods for 
these types of UST systems.
    (c) Requirements for petroleum tanks. All petroleum tanks must meet 
the following requirements:
    (1) All petroleum tanks must be sampled, tested, or checked for 
releases at least monthly, except that tanks installed before October 
13, 2015 or upgraded tanks (that is, tanks and piping protected from 
releases due to corrosion and equipped with both spill and overfill 
prevention devices) may temporarily use monthly inventory control (or 
its equivalent) in combination with tightness testing (or its 
equivalent) conducted every five years for the first 10 years after the 
tank is installed; and
    (2) New or replaced petroleum tanks must use interstitial monitoring 
within secondary containment in accordance with section 9003(i)(1) of 
the Solid Waste Disposal Act except when the state requires manufacturer 
and installer financial responsibility and installer certification in 
accordance with section 9003(i)(2) of the Solid Waste Disposal Act.
    (d) Requirements for petroleum piping. All underground piping 
attached to the tank that routinely conveys petroleum must conform to 
the following:
    (1) If the petroleum is conveyed under greater than atmospheric 
pressure:
    (i) The piping must be equipped with release detection that detects 
a release within an hour by restricting or shutting off flow or sounding 
an alarm; and

[[Page 614]]

    (ii) The piping must have monthly monitoring applied or annual 
tightness tests conducted.
    (2) If suction lines are used:
    (i) Tightness tests must be conducted at least once every three 
years, unless a monthly method of detection is applied to this piping; 
or
    (ii) The piping is designed to allow the contents of the pipe to 
drain back into the storage tank if the suction is released and is also 
designed to allow an inspector to immediately determine the integrity of 
the piping system.
    (3) Except as provided for in Sec. 281.30(a)(1) new or replaced 
petroleum piping must use interstitial monitoring within secondary 
containment in accordance with section 9003(i)(1) of the Solid Waste 
Disposal Act except when the state requires evidence of financial 
responsibility and certification in accordance with section 9003(i)(2) 
of the Solid Waste Disposal Act.
    (e) Requirements for hazardous substance UST systems. All new 
hazardous substance UST systems must use interstitial monitoring within 
secondary containment of the tanks and the attached underground piping 
that conveys the regulated substance stored in the tank. For hazardous 
substance UST systems installed prior to October 13, 2015, owners and 
operators can use another form of release detection if the owner and 
operator can demonstrate to the state (or the state otherwise 
determines) that another method will detect a release of the regulated 
substance as effectively as other methods allowed under the state 
program for petroleum UST systems and that effective corrective action 
technology is available for the hazardous substance being stored that 
can be used to protect human health and the environment.



Sec. 281.34  Release reporting, investigation, and confirmation.

    In order to be considered no less stringent than the corresponding 
federal requirements for release reporting, investigation, and 
confirmation, the state must have requirements that ensure all owners 
and operators conform with the following:
    (a) Promptly investigate all suspected releases, including:
    (1) When unusual operating conditions, release detection signals and 
environmental conditions at the site suggest a release of regulated 
substances may have occurred or the interstitial space may have been 
compromised; and
    (2) When required by the implementing agency to determine the source 
of a release having an impact in the surrounding area; and
    (b) Promptly report all confirmed underground releases and any 
spills and overfills that are not contained and cleaned up.
    (c) Ensure that all owners and operators contain and clean up 
unreported spills and overfills in a manner that will protect human 
health and the environment.



Sec. 281.35  Release response and corrective action.

    In order to be considered no less stringent than the corresponding 
federal requirements for release response and corrective action, the 
state must have requirements that ensure:
    (a) All releases from UST systems are promptly assessed and further 
releases are stopped;
    (b) Actions are taken to identify, contain and mitigate any 
immediate health and safety threats that are posed by a release (such 
activities include investigation and initiation of free product removal, 
if present);
    (c) All releases from UST systems are investigated to determine if 
there are impacts on soil and groundwater, and any nearby surface 
waters. The extent of soil and groundwater contamination must be 
delineated when a potential threat to human health and the environment 
exists.
    (d) All releases from UST systems are cleaned up through soil and 
groundwater remediation and any other steps are taken, as necessary to 
protect human health and the environment;
    (e) Adequate information is made available to the state to 
demonstrate that corrective actions are taken in accordance with the 
requirements of paragraphs (a) through (d) of this section. This 
information must be submitted in a timely manner that demonstrates its 
technical adequacy to protect human health and the environment; and

[[Page 615]]

    (f) In accordance with Sec. 280.67, the state must notify the 
affected public of all confirmed releases requiring a plan for soil and 
groundwater remediation, and upon request provide or make available 
information to inform the interested public of the nature of the release 
and the corrective measures planned or taken.



Sec. 281.36  Out-of-service UST systems and closure.

    In order to be considered no less stringent than the corresponding 
federal requirements for temporarily closed UST systems and permanent 
closure, the state must have requirements that ensure UST systems 
conform with the following:
    (a) Removal from service. All new and existing UST systems 
temporarily closed must:
    (1) Continue to comply with general operating requirements, release 
reporting and investigation, and release response and corrective action;
    (2) Continue to comply with release detection requirements if 
regulated substances are stored in the tank;
    (3) Be closed off to outside access; and
    (4) Be permanently closed if the UST system has not been protected 
from corrosion and has not been used in one year, unless the state 
approves an extension after the owner and operator conducts a site 
assessment.
    (b) Permanent closure of UST systems. All tanks and piping must be 
cleaned and permanently closed in a manner that eliminates the potential 
for safety hazards and any future releases. The owner or operator must 
notify the state of permanent UST system closures. The site must also be 
assessed to determine if there are any present or were past releases, 
and if so, release response and corrective action requirements must be 
complied with.
    (c) All UST systems taken out of service before the effective date 
of the federal regulations must permanently close in accordance with 
paragraph (b) of this section when directed by the implementing agency.



Sec. 281.37  Financial responsibility for UST systems containing 
petroleum.

    (a) In order to be considered no less stringent than the federal 
requirements for financial responsibility for UST systems containing 
petroleum, the state requirements for financial responsibility for 
petroleum UST systems must ensure that:
    (1) Owners and operators have $1 million per occurrence for 
corrective action and third-party claims in a timely manner to protect 
human health and the environment;
    (2) Owners and operators not engaged in petroleum production, 
refining, and marketing and who handle a throughput of 10,000 gallons of 
petroleum per month or less have $500,000 per occurrence for corrective 
action and third-party claims in a timely manner to protect human health 
and the environment;
    (3) Owners and operators of 1 to 100 petroleum USTs must have an 
annual aggregate of $1 million; and
    (4) Owners and operators of 101 or more petroleum USTs must have an 
annual aggregate of $2 million.
    (b) States may allow the use of a wide variety of financial 
assurance mechanisms to meet this requirement. Each financial mechanism 
must meet the following criteria in order to be no less stringent than 
the federal requirements. The mechanism must: Be valid and enforceable; 
be issued by a provider that is qualified or licensed in the state; not 
permit cancellation without allowing the state to draw funds; ensure 
that funds will only and directly be used for corrective action and 
third party liability costs; and require that the provider notify the 
owner or operator of any circumstances that would impair or suspend 
coverage.
    (c) States must require owners and operators to maintain records 
that demonstrate compliance with the state financial responsibility 
requirements, and these records must be made readily available when 
requested by the implementing agency.



Sec. 281.38  Lender liability.

    (a) A state program that contains a security interest exemption will 
be considered to be no less stringent than, and as broad in scope as, 
the federal

[[Page 616]]

program provided that the state's exemption:
    (1) Mirrors the security interest exemption provided for in 40 CFR 
part 280, subpart I; or
    (2) Achieves the same effect as provided by the following key 
criteria:
    (i) A holder, meaning a person who maintains indicia of ownership 
primarily to protect a security interest in a petroleum UST or UST 
system or facility or property on which a petroleum UST or UST system is 
located, who does not participate in the management of the UST or UST 
system as defined under Sec. 280.10 of this chapter, and who does not 
engage in petroleum production, refining, and marketing as defined under 
Sec. 280.200(b) of this chapter is not:
    (A) An ``owner'' of a petroleum UST or UST system or facility or 
property on which a petroleum UST or UST system is located for purposes 
of compliance with the requirements of 40 CFR part 280; or
    (B) An ``operator'' of a petroleum UST or UST system for purposes of 
compliance with the requirements of 40 CFR part 280, provided the holder 
is not in control of or does not have responsibility for the daily 
operation of the UST or UST system.
    (ii) [Reserved]
    (b) [Reserved]



Sec. 281.39  Operator training.

    In order to be considered no less stringent than the corresponding 
federal requirements for operator training, the state must have an 
operator training program that meets the minimum requirements of section 
9010 of the Solid Waste Disposal Act.



              Subpart D_Adequate Enforcement of Compliance



Sec. 281.40  Requirements for compliance monitoring program and authority.

    (a) Any authorized representative of the state engaged in compliance 
inspections, monitoring, or testing must have authority to obtain by 
request any information from an owner or operator with respect to the 
UST system(s) that is necessary to determine compliance with the UST 
regulations.
    (b) Any authorized representative of the state must have authority 
to require an owner or operator to conduct monitoring or testing.
    (c) Authorized representatives must have the authority to enter any 
site or premises subject to UST regulations or in which records relevant 
to the operation of the UST system(s) are kept, and to copy these 
records, obtain samples of regulated substances, and inspect or conduct 
the monitoring or testing of UST system(s).
    (d) State programs must have procedures for receipt, evaluation, 
retention, and investigation of records and reports required of owners 
or operators and must provide for enforcement of failure to submit these 
records and reports.
    (e)(1) State programs must have inspection procedures to determine, 
independent of information supplied by regulated persons, compliance 
with program requirements, and must provide for enforcement of failure 
to comply with the program requirements. States must maintain a program 
for systematic inspections of facilities subject to UST regulations in a 
manner designed to determine compliance or non-compliance, to verify 
accuracy of information submitted by owners or operators of regulated 
USTs, and to verify adequacy of methods used by owners or operators in 
developing that information.
    (2) When inspections are conducted, samples taken, or other 
information gathered, these procedures must be conducted in a manner 
(for example, using proper ``chain of custody'' procedures) that will 
produce evidence admissible in an enforcement proceeding, or in court.
    (f) Public effort in reporting violations must be encouraged and 
states must make available information on reporting procedures. State 
programs must maintain a program for investigating information obtained 
from the public about suspected violations of UST program requirements.
    (g) The state must maintain the data collected through inspections 
and evaluation of records in such a manner that the implementing agency 
can monitor over time the compliance status of the regulated community. 
Any compilation, index, or inventory of

[[Page 617]]

such facilities and activities shall be made available to EPA upon 
request.



Sec. 281.41  Requirements for enforcement authority.

    (a) Any state administering a program must have the authority to 
implement the following remedies for violations of state program 
requirements:
    (1) To restrain immediately and effectively any person by order or 
by suit in state court from engaging in any unauthorized activity that 
is endangering or causing damage to public health or the environment;
    (2) To sue in courts of competent jurisdiction to enjoin any 
threatened or continuing violation of any program requirement;
    (3) To assess or sue to recover in court civil penalties as follows:
    (i) Civil penalties for failure to notify or for submitting false 
information pursuant to tank notification requirements must be capable 
of being assessed up to $5,000 or more per violation.
    (ii) Civil penalties for failure to comply with any state 
requirements or standards for existing or new tank systems must be 
capable of being assessed for each instance of violation, up to $5,000 
or more for each tank for each day of violation. If the violation is 
continuous, civil penalties shall be capable of being assessed up to 
$5,000 or more for each day of violation.
    (4) To prohibit the delivery, deposit, or acceptance of a regulated 
substance into an underground storage tank identified by the 
implementing agency to be ineligible for such delivery, deposit, or 
acceptance in accordance with section 9012 of the Solid Waste Disposal 
Act.
    (b) The burden of proof and degree of knowledge or intent required 
under state law for establishing violations under paragraph (a)(3) of 
this section, must be no greater than the burden of proof or degree of 
knowledge or intent that EPA must provide when it brings an action under 
Subtitle I of the Solid Waste Disposal Act.
    (c) A civil penalty assessed, sought, or agreed upon by the 
implementing agency(ies) under paragraph (a)(3) of this section must be 
appropriate to the violation.



Sec. 281.42  Requirements for public participation.

    Any state administering a program must provide for public 
participation in the state enforcement process by providing any one of 
the following three options:
    (a) Authority that allows intervention analogous to Federal Rule 
24(a)(2) from Title IV of the Federal Rules of Civil Procedure, and 
assurance by the state that it will not oppose intervention under the 
state analogue to Rule 24(a)(2) on the ground that the applicant's 
interest is adequately represented by the state.
    (b) Authority that allows intervention of right in any civil action 
to obtain the remedies specified in Sec. 281.41 by any citizen having 
an interest that is or may be adversely affected; or
    (c) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public comment on all 
proposed settlements of civil enforcement actions (except where 
immediate action is necessary to adequately protect human health and the 
environment);
    (2) It will investigate and provide responses to citizen complaints 
about violations; and
    (3) It will not oppose citizen intervention when permissive 
intervention is allowed by statute, rule, or regulation.



Sec. 281.43  Sharing of information.

    (a) States with approved programs must furnish EPA, upon request, 
any information in state files obtained or used in the administration of 
the state program. This information includes:
    (1) Any information submitted to the state under a claim of 
confidentiality. The state must submit that claim to EPA when providing 
such information. Any information obtained from a state and subject to a 
claim of confidentiality will be treated in accordance with federal 
regulations in 40 CFR part 2; and
    (2) Any information that is submitted to the state without a claim 
of confidentiality. EPA may make this information available to the 
public without further notice.
    (b) EPA must furnish to states with approved programs, upon request, 
any information in EPA files that the state

[[Page 618]]

needs to administer its approved state program. Such information 
includes:
    (1) Any information that is submitted to EPA without a claim of 
confidentiality; and
    (2) Any information submitted to EPA under a claim of 
confidentiality, subject to the conditions in 40 CFR part 2.



                      Subpart E_Approval Procedures



Sec. 281.50  Approval procedures for state programs.

    (a) The following procedures are required for all applications, 
regardless of whether the application is for a partial or complete 
program, as defined in Sec. 281.12.
    (b) Before submitting an application to EPA for approval of a state 
program, the state must provide an opportunity for public notice and 
comment in the development of its underground storage tank program.
    (c) When EPA receives a state program application, EPA will examine 
the application and notify the state whether its application is 
complete, in accordance with the application components required in 
Sec. 281.20. The 180-day statutory review period begins only after EPA 
has determined that a complete application has been received.
    (d) The state and EPA may by mutual agreement extend the review 
period.
    (e) After receipt of a complete program application, the 
Administrator will tentatively determine approval or disapproval of the 
state program. EPA shall issue public notice of the tentative 
determination in the Federal Register and other mechanisms to attract 
state-wide attention. Notice of the tentative determination must also:
    (1) Afford the public 30 days after the notice to comment on the 
state's application and the Administrator's tentative determination; and
    (2) Include a general statement of the areas of concern, if the 
Administrator indicates the state program may not be approved; and
    (3) Note the availability for inspection by the public of the state 
program application; and
    (4) Indicate that a public hearing will be held by EPA no earlier 
than 30 days after notice of the tentative determination unless 
insufficient public interest is expressed, at which time the Regional 
Administrator may cancel the public hearing.
    (f) Within 180 days of receipt of a complete state program 
application, the Administrator must make a final determination whether 
to approve the state program after review of all public comments. EPA 
will give notice of its determination in the Federal Register and codify 
the approved state program. The notice must include a statement of the 
reasons for this determination and a response to significant comments 
received.



Sec. 281.51  Revision of approved state programs.

    (a) Either EPA or the approved state may initiate program revision. 
Program revision may be necessary when the controlling federal or state 
statutory or regulatory authority is changed or when responsibility for 
the state program is shifted to a new agency or agencies. The state must 
inform EPA of any proposed modifications to its basic statutory or 
regulatory authority or change in division of responsibility among state 
agencies. EPA will determine in each case whether a revision of the 
approved program is required. Approved state programs must submit a 
revised application within three years of any changes to this part that 
requires a program revision.
    (b) Whenever the Administrator has reason to believe that 
circumstances have changed with respect to an approved state program or 
the federal program, the Administrator may request, and the state must 
provide, a revised application as prescribed by EPA.
    (c) The Administrator will approve or disapprove program revisions 
based on the requirements of this part and Subtitle I of the Solid Waste 
Disposal Act pursuant to the procedures under this section, or under 
Sec. 281.50 if EPA has reason to believe the proposed revision will 
receive significant negative comment from the public.
    (1) The Administrator must issue public notice of planned approval 
or disapproval of a state program revision in the Federal Register and 
other

[[Page 619]]

mechanisms to attract state-wide attention. The public notice must 
summarize the state program revision, indicate whether EPA intends to 
approve or disapprove the revision, and provide for an opportunity to 
comment for a period of 30 days.
    (2) The Administrator's decision on the proposed revision becomes 
effective 60 days after the date of publication in the Federal Register 
in accordance with paragraph (c)(1) of this section, unless significant 
negative comment opposing the proposed revision is received during the 
comment period. If significant negative comment is received, EPA must 
notify the state and within 60 days after the date of publication, 
publish in the Federal Register either:
    (i) A withdrawal of the immediate final decision, which will then be 
treated as a tentative decision in accordance with the applicable 
procedures of Sec. 281.50(e) and (f); or
    (ii) A notice that contains a response to significant negative 
comments and affirms either that the immediate final decision takes 
effect or reverses the decision.
    (d) Revised state programs that receive approval must be codified in 
the Federal Register.



           Subpart F_Withdrawal of Approval of State Programs



Sec. 281.60  Criteria for withdrawal of approval of state programs.

    The Administrator may withdraw program approval when the Agency 
determines that a state no longer has adequate regulatory or statutory 
authority or is not administering and enforcing an approved program in 
accordance with this part. The state must have adequate capability to 
administer and enforce the state program. In evaluating whether such 
capability exists, the Agency will consider whether the state is 
implementing an adequate enforcement program by evaluating the quality 
of compliance monitoring and enforcement actions.



Sec. 281.61  Procedures for withdrawal of approval of state programs.

    (a) The following procedures apply when a state with an approved 
program voluntarily transfers to EPA those program responsibilities 
required by federal law.
    (1) The state must give EPA notice of the proposed transfer, and 
submit, at least 90 days before the transfer, a plan for the orderly 
transfer of all relevant program information necessary for EPA to 
administer the program.
    (2) Within 30 days of receiving the state's transfer plan, EPA must 
evaluate the plan and identify any additional information needed by the 
federal government for program administration.
    (3) At least 30 days before the transfer is to occur, EPA must 
publish notice of the transfer in the Federal Register and other 
mechanisms to attract state-wide attention.
    (b) The following procedures apply when the Administrator considers 
withdrawing approval.
    (1) When EPA begins proceedings to determine whether to withdraw 
approval of a state program (either on its own initiative or in response 
to a petition from an interested person), withdrawal proceedings will be 
conducted in accordance with procedures set out in 40 CFR 271.23(b) and 
(c), except for Sec. 271.23(b)(8)(iii) to the extent that it deviates 
from requirements under Sec. 281.60.
    (2) If the state fails to take appropriate action within a 
reasonable time, not to exceed 120 days after notice from the 
Administrator that the state is not administering and enforcing its 
program in accordance with the requirements of this part, EPA will 
withdraw approval of the state's program.



PART 282_APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents



                      Subpart A_General Provisions

Sec.
282.1 Purpose and scope
282.2 Incorporation by reference.
282.3-282.49 [Reserved]

                    Subpart B_Approved State Programs

282.50 Alabama State-Administered Program.
282.51-282.52 [Reserved]
282.53 Arkansas State-Administered Program.

[[Page 620]]

282.54 [Reserved]
282.55 Colorado State-Administered Program.
282.56 Connecticut State-Administered Program.
282.57 Delaware State-Administered Program.
282.58 District of Columbia State-Administered Program.
282.59 [Reserved]
282.60 Georgia State-Administered Program.
282.61 Hawaii State-Administered Program.
282.62 Idaho State-Administered Program.
282.63-282.64 [Reserved]
282.65 Iowa State-Administered Program.
282.66 Kansas State-Administered Program.
282.67 Kentucky State-Administered Program.
282.68 Louisiana State-Administered Program.
282.69 Maine State-Administered Program.
282.70 [Reserved]
282.71 Massachusetts State-Administered Program.
282.72 [Reserved]
282.73 Minnesota State-Administered Program.
282.74 Mississippi State-Administered Program.
282.75 [Reserved]
282.76 Montana State-Administered Program.
282.77 [Reserved]
282.78 Nevada State-Administered Program.
282.79 New Hampshire State-Administered Program.
282.80 [Reserved]
282.81 New Mexico State-Administered Program.
282.82 [Reserved]
282.83 North Carolina State-Administered Program.
282.84 North Dakota State-Administered Program.
282.85 [Reserved]
282.86 Oklahoma State-Administered Program.
282.87 Oregon State-Administered Program.
282.88 Pennsylvania State-Administered Program.
282.89 Rhode Island State-Administered Program.
282.90 South Carolina State-Administered Program.
282.91 South Dakota State-Administered Program.
282.92 Tennessee State-Administered Program.
282.93 Texas State-Administered Program.
282.94 Utah State-Administered Program.
282.95 Vermont State-Administrered Program.
282.96 Virginia State-Administered Program.
282.97 Washington State-Administered Program.
282.98 West Virginia State-Administered Program.
282.99-282.101 [Reserved]
282.102 Puerto Rico State-Administered Program.
282.103-282.105 [Reserved]

Appendix A to Part 282--State Requirements Incorporated by Reference in 
          Part 282 of the Code of Federal Regulations
Appendix B to Part 282--State Requirements Not Incorporated by Reference 
          in Part 282 of the Code of Federal Regulations
Appendix C to Part 282--Other State Provisions Not Incorporated by 
          Reference in Part 282 of the Code of Federal Regulations

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 282.1  Purpose and scope.

    This part sets forth the applicable state underground storage tank 
programs under section 9004 of the Resource Conservation and Recovery 
Act (RCRA), 42 U.S.C. 6991c and 40 CFR part 281. ``State'' is defined in 
42 U.S.C. 1004(31) as ``any of the several states, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana Islands.''



Sec. 282.2  Incorporation by reference.

    (a) Material listed as incorporated by reference in part 282 was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register.
    (b) Copies of materials incorporated by reference may be inspected 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email: 
[email protected], or go to: www.archives.gov/ federal_register/ 
cfr/ibr_locations.html. Copies of materials incorporated by reference 
may be obtained or inspected at the EPA UST

[[Page 621]]

Docket, located at 1235 Jefferson Davis Highway, First Floor , 
Arlington, VA 22202 (telephone number: 703-603-9231), or send mail to 
Mail Code 5305G, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and 
at the library of the appropriate Regional Office listed below:
    (1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA 
02109-3912; Phone Number: (617) 918-1313.
    (2) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands): 
Federal Office Building, 26 Federal Plaza, New York, NY 10278.
    (3) Region 3 (Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, West Virginia): Four Penn Center, 1600 John F. 
Kennedy Blvd., Philadelphia, PA 19103-2852; Phone Number: (215) 814-
2738.
    (4) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, Tennessee): 345 Courtland St., NE, 
Atlanta, GA 30365.
    (5) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, 
Wisconsin): 77 West Jackson Boulevard, Chicago, IL 60604.
    (6) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas): 
1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.
    (7) Region 7 (Iowa, Kansas, Missouri, Nebraska); 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    (8) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming): 999 18th Street, Denver, CO 80202-2405.
    (9) Region 9 (Arizona, California, Hawaii, Nevada, Guam, American 
Samoa, Commonwealth of the Northern Mariana Islands): 75 Hawthorne 
Street, San Francisco, CA 94105.
    (10) Region 10 (Alaska, Idaho, Oregon, Washington): 1200 Sixth 
Avenue, Seattle, WA 98101.
    (c) For an informational listing of the state and local requirements 
incorporated in part 282, see appendix A to this part.

[58 FR 58625, Nov. 2, 1993, as amended at 69 FR 18803, Apr. 9, 2004; 76 
FR 49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 44232, Aug. 
23, 2019; 85 FR 56176, Sept. 11, 2020; 87 FR 42081, 42088, 42094, July 
14, 2022]



Sec. Sec. 282.3-282.49  [Reserved]



                    Subpart B_Approved State Programs



Sec. 282.50  Alabama State-Administered Program.

    (a) History of the approval of Alabama's Program. The State of 
Alabama (Alabama or State) is approved to administer and enforce an 
underground storage tank (UST) program in lieu of the Federal program 
under subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Underground 
Storage Tank Program (UST Program), as administered by the Alabama 
Department of Environmental Management (ADEM), was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA 
approved the Alabama UST Program on January 24, 1997 and it was 
effective on March 25, 1997. A subsequent program revision was approved 
by EPA and became effective November 15, 2021.
    (b) Enforcement authority. Alabama has primary responsibility for 
administering and enforcing its federally approved UST Program. However, 
EPA retains the authority to exercise its corrective action, inspection, 
and enforcement authorities under sections 9003(h), 9005, and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as 
under any other applicable statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Alabama must revise its approved UST Program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart 
E. If Alabama obtains approval for revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final approval. Alabama has final approval for the following 
elements of its UST Program submitted to EPA and approved effective 
March 25, 1997,

[[Page 622]]

and the program revisions approved by EPA effective on November 15, 
2021:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Alabama materials cited in this paragraph (d)(1)(i) and listed in 
appendix A to this part, are incorporated by reference as part of the 
UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The 
Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
access copies of the Alabama statutes that are incorporated by reference 
in this paragraph (d)(1)(i) from the Alabama Legislative Services 
Agency, Alabama State House, Suite 613, 11 South Union Street, 
Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website: 
http://lsa.state.al.us. You may access copies of the regulations that 
are incorporated by reference at the following website http://
www.alabama administrative code.state.al.us. You may inspect all 
approved material at EPA Region 4, 61 Forsyth Street SW, Atlanta, 
Georgia 30303; Phone number: (404) 562-9900; or the National Archives 
and Records Administration (NARA), email: [email protected], 
website: https://www.archives.gov/ federal-register/cfr/ ibr-
locations.html.
    (A) ``Alabama Statutory Requirements Applicable to the Underground 
Storage Tank Program,'' dated March 21, 2021.
    (B) ``Alabama Regulatory Requirements Applicable to the Underground 
Storage Tank Program,'' dated March 21, 2021.
    (ii) Legal basis. EPA considered the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the UST Program, but they are not being incorporated by reference and 
do not replace Federal authorities, unless the provisions place 
requirements on regulated entities:
    (A) Alabama Underground Storage Tank and Wellhead Protection Act of 
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
    (1) Section 22-36-3--Rules and regulations governing underground 
storage tanks. Insofar as it provides specific authorities enabling 
compliance monitoring and enforcement response.
    (2) Section 22-36-4--Information to be furnished by owner upon 
request of department; owner to permit access to records and entry and 
inspection of facilities. Insofar as it provides specific authorities 
enabling compliance monitoring.
    (3) Section 22-36-6(b) and (c)--Expenditure of funds from Leaking 
Underground Storage Tank Trust Fund; investigative and corrective powers 
in regard to administration of funds; liability of owner or operator for 
costs. Insofar as it provides specific authorities enabling compliance 
monitoring.
    (4) Section 22-36-8--Availability to public of records, reports, or 
information obtained under chapter. Insofar as it provides specific 
authorities enabling public participation and the sharing of 
information.
    (5) Section 22-36-9--Penalties. Insofar as it provides specific 
authorities enabling enforcement response.
    (B) Alabama Underground Storage Tank Control Regulations, Ala. 
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
    (1) Rule 335-6-15-.13--Reporting and Recordkeeping. Insofar as it 
provides specific authorities enabling compliance monitoring.
    (2) Rule 335-6-15-.19--Release Reporting and Recordkeeping. Insofar 
as it provides specific authorities enabling compliance monitoring.
    (3) Rule 335-6-15-.31--Public Participation. Insofar as it 
identifies specific authorities enabling public participation.
    (4) Rule 335-6-15-.39--Availability To Public of Records, Reports or 
Information. Insofar as it provides specific authorities enabling the 
sharing of information.
    (5) Rule 335-6-15-.40--Access To Records. Insofar as it provides 
specific authorities enabling compliance monitoring.
    (6) Rule 335-6-15-.41--Entry and Inspection Of Facilities. Insofar 
as it provides specific authorities enabling compliance monitoring.
    (7) Rule 335-6-15-.45--Delivery Prohibition. Insofar as it 
identifies specific authorities enabling enforcement response.

[[Page 623]]

    (C) Ala. Code section 22-22A-5(19)--Powers and functions of 
Department; representation of Department by Attorney General in legal 
actions. Insofar as it provides specific authorities enabling 
enforcement and public participation.
    (D) Alabama Rules of Civil Procedure, Rule 24(a)--Intervention. 
Insofar as it provides for public participation in the State enforcement 
process.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the Alabama UST 
Program are broader in scope than the Federal program or external to the 
state UST program approval requirements. Therefore, these provisions are 
not part of the approved UST Program and are not incorporated by 
reference herein:
    (A) Alabama Underground Storage Tank and Wellhead Protection Act of 
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
    (1) Section 22-36-5, insofar as it requires the collection of an 
underground storage tank fee.
    (2) Section 22-36-6(a) is external insofar as it pertains to ADEM's 
implementation of the Leaking Underground Storage Tank Trust Fund.
    (3) Section 22-36-7 is external insofar as it provides authority for 
the promulgation of regulations to establish and protect wellhead areas.
    (4) Section 22-36-10 is external insofar as it places requirements 
on the promulgation of rules and regulations to be adopted by ADEM.
    (B) Alabama Underground Storage Tank Control Regulations, Ala. 
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
    (1) Rule 335-6-15-.01 is external insofar as it contains the State's 
public policy for regulating underground storage tanks.
    (2) Rule 335-6-15-.32, insofar as it specifies analytical methods 
for soil and groundwater sampling.
    (3) Rule 335-6-15-.38 is external insofar as it provides specific 
authority for ADEM to require an owner or operator to provide an 
alternate or temporary drinking water source.
    (4) Rule 335-6-15-.42, insofar as it requires owners of underground 
storage tanks to pay an annual fee.
    (5) Rule 335-6-15-.44 is external insofar as it is a reserved 
provision.
    (6) Rule 335-6-15-.47, insofar as it imposes certification 
requirements on individuals who supervise installation, closure, and 
repair of underground storage tanks.
    (7) Rule 335-6-15-.49 is external insofar as it relates to the 
severability of the underground storage tank requirements.
    (C) Alabama Underground and Aboveground Storage Tank Trust Fund Act, 
Code of Alabama, Ala. Code sections 22-35-1 to 22-35-13 (1988). Insofar 
as it establishes procedures for administration of the Alabama 
Underground and Aboveground Storage Tank Trust Fund for purposes of 
paying response actions and third-party claims.
    (D) Alabama Underground and Aboveground Storage Tank Trust Fund 
Regulations, Ala. Admin. Code r. 335-6-16-.01 to 335-6-16-.20 (2015). 
Insofar it establishes procedures for determining eligibility for 
disbursements from the Alabama Underground and Aboveground Storage Tank 
Trust Fund for paying response actions and third-party claims.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Alabama Attorney General on April 16, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the application on October 10, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the application on October 10, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and ADEM, signed by the

[[Page 624]]

EPA Regional Administrator on October 12, 2018, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[86 FR 51007, Sept. 14, 2021]



Sec. Sec. 282.51-282.52  [Reserved]



Sec. 282.53  Arkansas State-Administered Program.

    (a) History of the approval of Arkansas's program. The State of 
Arkansas is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program under Subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991, et seq. The State's program, as administered by the 
Arkansas Department of Environmental Quality, was approved by EPA 
pursuant to 42 U.S.C. 6991c and Part 281 of this Chapter. EPA published 
the notice of final determination approving the Arkansas underground 
storage tank base program effective on November 16, 1990. A subsequent 
program revision application was approved effective on March 8, 2021.
    (b) Enforcement authority. Arkansas has primary responsibility for 
administering and enforcing its federally-approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under Subtitle 
I of RCRA sections 9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 6991d and 
6991e, as well as under any other applicable statutory and regulatory 
provisions.
    (c) Retaining program approval. To retain program approval, Arkansas 
must revise its approved program to adopt new changes to the Federal 
subtitle I program which make it more stringent, in accordance with RCRA 
section 9004, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If 
Arkansas obtains approval for the revised requirements pursuant to RCRA 
section 9004, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final program approval. Arkansas has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective November 16, 1990, and the program revision 
application approved by EPA effective on March 8, 2021:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Arkansas provisions cited in this paragraph are incorporated by 
reference as part of the underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of the Arkansas 
regulations that are incorporated by reference from the Arkansas 
Department of Environmental Quality (ADEQ) website at http://
www.adeq.state.ar.us/ regs/default.htm or the Public Outreach Office, 
ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; 
Phone number: (501) 682-0923. You may inspect all approved material at 
the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 (Phone 
number (214) 665-2239) or the National Archives and Records 
Administration (NARA). For information on the availability of the 
material at NARA, email [email protected] or go to http://
www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) ``EPA-Approved Arkansas Regulatory Requirements Applicable to 
the Underground Storage Tank Program,'' August 2020. Only those 
provisions that have been approved by EPA are incorporated by reference. 
Those provisions are listed in Appendix A to part 282.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include: Arkansas Code Annotated (ACA), 
2017 Title 8, Environmental Law:
    (1) Chapter 1 General Provisions:
    (i) Subchapter 1 General Provisions, section 8-1-107; and
    (ii) Subchapter 2 Powers of the Department and Commission, section 
8-1-202;

[[Page 625]]

    (2) Chapter 4 Arkansas Water and Air Pollution Control Act:
    (i) Subchapter 1 General Provisions, sections 8-4-103(d)(1)(A) and 
8-4-103(d)(3)(A) through (d)(4)(A); and
    (ii) Subchapter 2 Water Pollution, section 8-4-224;
    (3) Chapter 7 Hazardous Substances:
    (i) Subchapter 8 Regulated Substance Storage Tanks, sections 8-7-
801(2) through (14)(J); 8-7-802(a)(1); 8-7-802(b); 8-7-803 through 8-7-
807; 8-7-809 through 8-7-812, 8-7-813 (except references to aboveground 
storage tanks [ASTs]); 8-7-814; 8-7-816; 8-7-817; and
    (ii) Subchapter 9 Petroleum Storage Tank Trust Fund Act, section 8-
7-909.
    (B) The regulatory provisions include: Arkansas Pollution Control 
and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as 
amended effective August 24, 2018: Chapter 1 General Provisions, Reg. 
12.110 Delivery Prohibition; Chapter 2 Registration of Storage Tanks, 
Reg. 12.201 Registration Requirement; Chapter 5 Licensing of Underground 
Storage Tank Installers and Service Personnel, Reg. 12.515; Chapter 6 
Licensing of Underground Storage Tank Testers, Reg. 12.613 Violations; 
Chapter 7 Operator Training, Reg. 12.709 Violations and Reg. 12.710 
Disclosure Exemption; and Chapter 8 Confidentiality Reg. 12.801 through 
Reg. 12.805.
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Arkansas 
underground storage tank program that are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Arkansas Code Annotated (ACA), 2017, Title 8 Environmental Law: 
Chapter 7 Hazardous Substances, Subchapter 8 Regulated Substance Storage 
Tanks, sections 8-7-801(1) introductory paragraph through (1)(B), 8-7-
802(a)(2), 8-7-808, 8-7-813 (as it applies to aboveground storage tanks 
[ASTs] only); and Subchapter 9 Petroleum Storage Tank Trust Fund Act, 
sections 8-7-901 through 8-7-908.
    (B) Arkansas Pollution Control and Ecology Commission (APC&EC) 
Regulation No. 12 Storage Tanks, as amended effective August 24, 2018: 
Chapter 1 General Provisions, Reg. 12.107 Entry and Inspection of 
Aboveground Storage Tank Facilities; Chapter 2 Registration of Storage 
Tanks, Reg. 12.201(C) through (F) Registration Requirement, 12.202(B)(2) 
Certification of Registration (as it applies to fees only), 12.203 
Storage Tank Registration Fees; Chapter 3 Petroleum Storage Tank Trust 
Fund Corrective Action Reimbursement Procedures; and Chapter 4 Petroleum 
Storage Tank Trust Fund Third-Party Payment Procedures.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Assistant Attorney General of Arkansas September 21, 1994, 
and revisions to that Statement dated October 2, 2018, though not 
incorporated by reference, are referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Adequate Enforcement of Compliance'' submitted as part of the original 
application on September 26, 1994 and as part of the program revision 
application for approval on October 17, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application September 26, 
1994, and as part of the program revision application October 17, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Arkansas Department of Environmental Quality, signed by 
the EPA Regional Administrator on May 8, 2019, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[86 FR 981, Jan. 7, 2021]

[[Page 626]]



Sec. 282.54  [Reserved]



Sec. 282.55  Colorado State-Administered Program.

    (a) The State of Colorado is approved to administer and enforce an 
underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Colorado Department of Environmental Quality (DEQ), Division of 
Environmental Response and Remediation (DERR), was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA published 
the notice of final determination approving the Colorado underground 
storage tank base program effective on April 23, 2007. A subsequent 
program revision application was approved by EPA and became effective on 
July 19, 2019.
    (b) Colorado has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its corrective action, 
inspection, and enforcement authorities under Sections 9003(h), 9005, 
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991b(h),6991d and 6991e, as 
well as under any other applicable statutory and regulatory provisions.
    (c) To retain program approval, Colorado must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
make it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Colorado obtains 
approval for the revised requirements pursuant to Section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart, and notice of any change will be 
published in the Federal Register.
    (d) Colorado has final approval for the following elements of its 
program application originally submitted to the EPA and approved 
effective April 23, 2007, and the program revision application approved 
by the EPA effective on July 19, 2019:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph (d)(1), and listed in appendix A to 
this part, is incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
(See Sec. 282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Colorado regulations and 
statutes that are incorporated by reference in this paragraph (d)(1) 
from Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; 
Attn: Code of Colorado Regulations and Administrative Rules; Phone 
number: (303) 894-2200 ext. 6418; email: [email protected]; website: 
https://www.sos.state.co.us/ CCR/Welcome.do.
    (A) ``EPA-Approved Colorado Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program'' dated February 
2019.
    (B) [Reserved]
    (ii) Legal basis. The EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Colorado Revised Statutes (2018), Title 8 Labor and Industry, 
Article 20 Fuel Products: Sections 8-20-102(1), 8-20-104 except 8-20-
104(4)(b) and (7), 8-20-209(1), 8-20-223.5(1) and (2), 8-20-228.
    (2) Colorado Revised Statutes (2018), Title 8 Labor and Industry, 
Article 20.5 Petroleum Underground Storage Tanks: Sections 8-20.5-101, 
except (2), (10)(a)(III), (16) and references to aboveground storage 
tanks (ASTs); 8-20.5-102; 8-20.5-105; 8-20.5-106; 8-20.5-107; 8-20.5-
202(1), (1.5), (2), (3), and (4); 8-20.5-203; 8-20.5-204; 8-20.5-205; 8-
20.5-206; 8-20.5-208; and 8-20.5-209.
    (3) Colorado Revised Statutes (2018), Title 24 Government--State 
Administration, Article 4 Rule-Making and Licensing Procedures by State 
Agencies: Section 24-4-105(2)(c).
    (B) The regulatory provisions include:
    (1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 
``Department of Labor and Employment, Division of Oil and Public Safety, 
Storage Tank Regulations,'' Article 6 Enforcement: Section 6-1 
Enforcement Program; Subsections 6-

[[Page 627]]

1-1 Notice of Violation; 6-1-2 Enforcement Order; 6-1-3 Informal 
Conference; Section 6-2 Underground Storage Tank Delivery Prohibition 
Subsections 6-2-1 Criteria for Delivery Prohibition; 6-2-2 Red Tag 
Mechanisms Used to Identify Ineligible USTs; 6-2-3 Notification 
Processes for UST Owners/Operators and Product Deliverers; 6-2-4 
Reclassifying Ineligible USTs as Eligible to Receive Product; 6-2-5 
Delivery Prohibition Deferral in Rural and Remote Areas; 6-2-6 Delivery 
Prohibition Deferral in Emergency Situations; 6-2-7 Removal of Red Tag 
from Emergency Generator Tank Systems.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutes and rules applicable to the Colorado 
underground storage tank program that are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this part for enforcement purposes:
    (A) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 
``Department of Labor and Employment, Division of Oil and Public Safety, 
Storage Tank Regulations'': Sections 1-5 ``motor fuel''; 2-2-3(a); 2-2-
3(j); and 2-3-7(d).
    (B) Colorado Revised Statutes (2018), Title 8 Labor and Industry, 
Article 20 Fuel Products: Sections 8-20-209(2), 8-20-212, 8-20-215, 8-
20-218, 8-20-223.5(3), 8-20-230, and 8-20-231; Article 20.5 Petroleum 
Storage Tanks, Sections 8-20.5-102(3) and (4), and 8-20.5-207.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Attorney General of the State of Colorado Department of 
Law on December 7, 2001, and by the Assistant Attorney General on 
November 23, 2016, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on November 13, 2002, and as part of 
the program revision application on November 1, 2016, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on November 13, 
2002, and as part of the program revision application on November 1, 
2016, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 8 and the Colorado Department of Labor and Employment, Division 
of Oil and Public Safety, signed by the EPA Regional Administrator on 
February 13, 2018, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.

[84 FR 22731, May 20, 2019]



Sec. 282.56  Connecticut State-Administered Program.

    (a) The State of Connecticut is approved to administer and enforce 
an underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Connecticut Department of Energy and Environment Protection 
(``DEEP''), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR 
part 281. EPA approved the Connecticut program on July 5, 1995, which 
was effective on August 4, 1995.
    (b) Connecticut has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Connecticut must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
makes it

[[Page 628]]

more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c 
and 40 CFR part 281, subpart E. If Connecticut obtains approval for the 
revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, 
the newly approved statutory and regulatory provisions will be added to 
this subpart and notification of any change will be published in the 
Federal Register.
    (d) Connecticut has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
August 4, 1995, and the program revision application approved by EPA, 
effective on September 12, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph, and listed in Appendix A to this 
part, is incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 
282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Connecticut regulations and 
statutes that are incorporated by reference in this paragraph from Mark 
Latham, Supervising Environmental Analyst, Licensing and Enforcement 
Unit, Emergency Response and Spill Prevention Division, Connecticut 
Department of Energy and Environmental Protection, 79 Elm Street; 
Hartford, CT 06106-5127; Phone number: 860-418-5930; [email protected]; 
Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m.; link to statutes and 
regulations: Connecticut General Assembly's website: https://
www.cga.ct.gov/ current/pub/ chap_446k.htmsec _22a-449; state's e-
regulation portal: https://eregulations.ct.gov/ eRegsPortal/ Search/ 
getDocument?guid=%7b3048737D -0000-CD35-9265- 186385876C76%7d.
    (A) EPA-Approved Connecticut Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program, December 2021.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Connecticut General Statutes Title 4. Management of State 
Agencies, Section 22a-177a. Contested cases. Party Intervenor Status.
    (2) Connecticut General Statutes Title 52. Civil Actions, Section 
52-107. Additional parties may be summoned in.
    (3) Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 439. Department of Energy and Environmental Protection. State 
Policy Part II. General Provisions, Section 22a-6. Commissioner to 
establish environmental standards, regulations, and fees, to make 
contracts and studies and to issue permits. Complaints. Hearings. Bonds. 
Notice of contested cases. Fee waivers. Public notices on department's 
internet website, Section 22a-7. Cease and desist orders. Service. 
Hearings. Injunctions, and Section 22a-19. Administrative proceedings.
    (4) Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-428. Orders to 
municipalities to abate pollution, Section 22a-432. Order to correct 
potential sources of pollution, Section 22a-433. Order to landowner, 
Section 22a-435. Injunction, and Section 22a-438. Forfeiture for 
violations. Penalties.
    (B) The regulatory provisions include:
    (1) 2021 Connecticut Practice Book, Chapter 9 Parties, Sec. 9-18. 
Addition or Substitution of Parties; Additional Parties Summoned in by 
Court.
    (2) Regulations of Connecticut State Agencies (RSCA) Title 22a. 
Environmental Protection Section 22a--3a-6(k) Intervention.
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Connecticut's UST program are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference in this section for enforcement purposes:
    (A) Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-449. Duties and 
powers of commissioner resources of potential pollution or damages. 
Licenses, regulations.

[[Page 629]]

Nonresidential underground storage tank systems, (g), delivery 
prohibition.
    (B) RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1, 
Control of the nonresidential underground storage and handling of oil 
and petroleum liquids
    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-
1(d)(1) and (2), Reporting of life expectancy determination.
    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1(l), 
Variances.
    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-111. 
Life expectancy.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Connecticut on December 21, 1994, and 
December 20, 2021, though not incorporated by reference, are referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in December 1994, and as part of the 
program revision application for approval on December 22, 2021, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in December 1994, 
and as part of the program revision application on December 22, 2021, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the Connecticut Department of Energy and Environmental 
Protection, signed by the EPA Regional Administrator on December 20, 
2021, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[87 FR 42088, July 14, 2022]



Sec. 282.57  Delaware State-Administered Program.

    (a) Delaware is approved to administer and enforce an underground 
storage tank program in lieu of the Federal program under Subtitle I of 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
42 U.S.C. 6991 et seq. The State's program, as administered by 
Delaware's Department of Natural Resources and Environmental Control, 
was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of 
this chapter. EPA approved the Delaware underground storage tank program 
on September 27, 1996, and approval was effective on October 28, 1996. A 
subsequent program revision application was approved by EPA and became 
effective on September 12, 2022.
    (b) Delaware has primary responsibility for administering and 
enforcing its federally-approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has 
taken its own actions, as well as under any other applicable statutory 
and regulatory provisions.
    (c) To retain program approval, Delaware must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
makes it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Delaware obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Delaware has final approval for the following elements of its 
program application originally submitted to EPA and approved on 
September 27, 1996, and effective October 28, 1996, and the program 
revision application approved by EPA, effective on September 12, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed

[[Page 630]]

in Appendix A to Part 282, with the exception of the provisions cited in 
paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by 
reference as part of the approved underground storage tank program in 
accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies 
of Delaware's regulations and statutes that are incorporated by 
reference in this paragraph from DNREC Tanks Compliance Branch, 391 
Lukens Sr. New Castle, DE 19720 or DNREC W&HS Compliance and Permitting 
Section, Richardson and Robbins Building, 89 Kings Highway, Dover, DE 
19901.
    (A) Delaware Statutory Requirements Applicable to the Underground 
Storage Tank Program, July 2019.
    (B) Delaware Regulatory Requirements Applicable to the Underground 
Storage Tank Program, February 2021.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which are part of the approved program, but which are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Delaware Code, Title 7, Chapter 60, Sections: 6005; 6008; 6009; 
6014; 6017; 6018; 6024.
    (2) Delaware Code, Title 7, Chapter 74, Sections: 7406(e)(1)-(3), 
(f)-(j); 7408; 7411; 7412; 7419.
    (3) Delaware Code, Title 29, Chapter 100, Sections: 10001-10007.
    (B) The regulatory provisions include:
    (1) Delaware Administrative Code, Title 7, Chapter 1351, Sections A-
1.4; A-1.6; A-7.0; A-8.1.1; A-8.1.2; A-8.1.4; A-9.0; E-3.1.
    (2) Delaware Rules of Court, Superior Court Rules of Civil 
Procedure, Del. Super. Ct. Civ. Rule 24 Intervention; Court of Chancery 
Rules, Del. Ct. Ch. Rule 24 Intervention.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are ``broader in scope'' than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein. These provisions are not federally 
enforceable:
    (A) Delaware Code, Title 7, Chapter 74 Underground Storage Tank Act, 
Sections: 7401 insofar as regulates persons who are not owners or 
operators; 7402 definition of ``responsible party'' insofar as regulates 
persons who are not owners or operators of USTs; 7404 insofar as 
regulates agricultural and residential tanks of 1,100 gallons or less 
used for storing motor fuel for noncommercial purposes and tanks 
containing heating fuel for consumptive use on the premises where 
stored; 7405(a)(2) and (3) insofar as requires registration of tanks 
containing heating fuel for consumptive use on the premises where 
stored; 7406(a) through introductory paragraph of (e) insofar as 
regulates persons who are not owners or operators of USTs; 7409(c) 
insofar as requires registration fees; 7418; 7425(a), (b), (d), and (e); 
7425(c) insofar as the use of certified individuals is required for 
activities other than installation and insofar as establishes a 
certification program.
    (B) Delaware Administrative Code, Title 7, Chapter 1351 Underground 
Storage Tank Systems, Sections: A-1.2.1 insofar as regulates persons 
other than owners or operators, and insofar as regulates agricultural/
farm and residential UST systems of 1,100 gallons or less used for 
storing motor fuels for non-commercial purposes, UST systems containing 
heating fuel of 1,100 gallons or less for consumptive use on the 
premises where stored, UST systems holding hazardous wastes listed or 
identified under Subtitle C of the SWDA or a mixture of such hazardous 
waste and other regulated substances, wastewater treatment tank systems 
that are part of a wastewater treatment facility regulated under Section 
402 or 307(b) of the Clean Water Act, equipment and machinery containing 
regulated substances for operational purposes such as hydraulic lift 
tanks and electrical equipment tanks, UST systems with a capacity of 110 
gallons or less, any emergency spill or overflow containment system 
expeditiously emptied after use, and insofar as provides no exception 
for USTs containing

[[Page 631]]

de minimis amounts of regulated substances; A-2.0 definition of 
``consumptive use'' insofar as the term is limited to activities that do 
not result in monetary gain, ``regulated substance'' insofar as includes 
substances not regulated under the Federal program, and ``responsible 
party'' insofar as regulates persons other than owners or operators; A-
3.1.10; A-3.3.8; A-4.1.4 insofar as requires fees; A-4.2; A-4.5.2 and -
4.6.2 insofar as regulates USTs containing heating fuel for consumptive 
use on the premises where stored; A-4.7.1 and .2 insofar as requires 
Delaware to approve or deny construction work within fourteen days of 
receipt of notification form and construction plans; A-4.9.1 insofar as 
requires the posting of permits at the UST/construction site; A-10.1.1 
insofar as regulates USTs containing heating fuel for consumptive use on 
the premises where stored; A-11.0 insofar as requires the presence of a 
certified individual for activities other than installation and insofar 
as regulates USTs containing heating fuel for consumptive use on the 
premises where stored; A-12.0 insofar as regulates USTs containing 
heating fuel for consumptive use on the premises where stored; B-1.1.8; 
B-1.3.2.4; B-1.21.1 insofar as regulates persons other than owners or 
operators; B-1.22.1 and .2 insofar as regulates persons other than 
owners or operators; B-1.29.7.1 insofar as regulates persons other than 
owners or operators; B-2.1.8; B-2.22.1 insofar as regulates persons 
other than owners or operators; B-2.23.1 and .2 insofar as regulates 
persons other than owners or operators; B-2.30.7.1 insofar as regulates 
persons other than owners or operators; B-4.2.1.3; B-5.2.1.3; Part C; D-
1.3.2.4; D-1.21.1 insofar as regulates persons other than owners or 
operators; D-1.22.1 and .2 insofar as regulates persons other than 
owners or operators; D-3.2.1.3; D-4.2.1.3; E-1.2, -1.3, -2.1, -2.2, and 
-2.4 insofar as regulates persons other than owners or operators; E-
2.3.1 and -2.4.1.1 insofar as regulates consumptive use heating fuel UST 
systems for use on the premises; E-3.2, -3.3, -4.0, -5.0, and -6.0 
insofar as regulates persons other than owners or operators; E-6.2.3 
insofar as regulates consumptive use heating fuel UST systems for use on 
the premises; E-7.0; Part G; H-1.1.2.2 insofar as regulates consumptive 
use heating fuel UST systems for use on the premises; I-1.1.2.2 insofar 
as regulates consumptive use heating fuel UST systems for use on the 
premises.
    (2) Statement of legal authority. ``Attorney General's Statement'' 
signed by the Attorney General on October 12, 2021, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the program revision application for approval on November 22, 2021, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application for 
approval on November 22, 2021, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 3 and Delaware Department of Natural Resources and Environmental 
Control, signed by the EPA Regional Administrator on March 22, 2019, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[87 FR 42094, July 14, 2022]



Sec. 282.58  District of Columbia State-Administered Program.

    (a) The District of Columbia is approved to administer and enforce 
an underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the District of Columbia's Department

[[Page 632]]

of Energy and Environment's predecessor agency, the Department of 
Consumer and Regulatory Affairs, was approved by EPA pursuant to 42 
U.S.C. 6991c and 40 CFR part 281 of this chapter. EPA approved the 
District of Columbia underground storage tank program on July 9, 1997, 
and approval was effective on May 4, 1998. A subsequent program revision 
application was approved by EPA and became effective on March 28, 2022.
    (b) The District of Columbia has primary responsibility for 
administering and enforcing its federally-approved underground storage 
tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the 
State has taken its own actions, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, the District of Columbia must revise 
its approved program to adopt new changes to the Federal Subtitle I 
program which makes it more stringent, in accordance with Section 9004 
of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If the 
District of Columbia obtains approval for the revised requirements 
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved 
statutory and regulatory provisions will be added to this subpart and 
notice of any change will be published in the Federal Register.
    (d) The District of Columbia has final approval for the following 
elements of its program application originally submitted to EPA and 
approved on July 9, 1997, and effective May 4, 1998, and the program 
revision application approved by EPA, effective on March 28, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in Appendix A to Part 
282, with the exception of the provisions cited in paragraphs (d)(1)(ii) 
and (iii) of this section, are incorporated by reference as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of the District of 
Columbia's regulations and statutes that are incorporated by reference 
in this paragraph from District of Columbia's Underground Storage Tank 
Branch, Toxic Substances Division, Department of Energy and Environment, 
1200 First Street NE, 5th Fl., Washington DC 20002 (phone number 202-
535-2326). You may inspect all approved material at the EPA Region 3 
office, 1650 Arch Street, Philadelphia, PA 19103-2029 (phone number 215-
814-3348) or the National Archives and Records Administration (NARA). 
For information on the availability of the material at NARA, email 
[email protected] or go to https://www.archives.gov/ federal-
register/cfr/ ibr-locations.html.
    (A) ``District of Columbia Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' March 1991.
    (B) ``District of Columbia Regulatory Requirements Applicable to the 
Underground Storage Tank Program,'' February 2020.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which are part of the approved program, but which are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter VII, Underground Storage Tank Management Act, 
Sections: 8-113-04; 8-113.06(a); 8-113.07; 8-113.08; 8-113.09; 8-113.10; 
8-113.12.
    (2) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter II, Water Pollution Control, Sections: 8-
103.10(c); 8-103.20.
    (3) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1A, Subchapter I, General, Sections: 8-151.07; 8-151.08(6).
    (B) The regulatory provisions include:
    (1) District of Columbia Municipal Regulations, Title 20, Chapters 
55-67 and 70, Underground Storage Tank Regulations, Sections: 5501.1 as 
to regulated substance delivery person or company; 5601.7; 5800.3; 6300-
6302; 6600-

[[Page 633]]

6605, including 6602.7 (Delivery Prohibition).
    (2) District of Columbia Municipal Regulations, Title 16, Consumers, 
Commercial Practices, & Civil Infractions--Chapters 32 and 40; Chapter 
32, Section 3201; Chapter 40, Section 4008.
    (3) District of Columbia State Rules--Superior Court Rules of Civil 
Procedure--IV. Parties, Super. Ct. Civ. R. 24--Intervention.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are ``broader in scope'' than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein. These provisions are not federally 
enforceable:
    (A) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter VII, Underground Storage Tank Management, 
Sections: 8-113.01(7)(C) and (9)(A)(ii)-(v); 8-113.02(f) and (g) insofar 
as (g) includes persons who are not owners or operators of underground 
storage tanks; 8-113.03(a) insofar as includes persons who are not 
owners or operators of underground storage tanks; 8-113.06(b)-(d) as to 
fees.
    (B) District of Columbia Municipal Regulations, Title 20, Chapters 
55-67 and 70, Underground Storage Tank Regulations, Sections: 5500.1(c)-
(d); 5500.2; 5501.1 as to persons who are not owners or operators of 
underground storage tanks; 5503.1-.2 insofar as regulates tanks that 
store heating oil for use on the premises where stored; 5504; 5600.1(b); 
5601.1 insofar as regulates tanks that store heating oil for use on the 
premises where stored; 5601.2-.3 insofar as requires payment of fees; 
5603.5 insofar as requires permits; 5604 insofar as includes persons who 
are not owners or operators of underground storage tanks, 5604.3-.4; 
5605; 5606; 5700.4, .7, and .8(b); 5703; 5706.1 insofar as requires 
compliance with District fire code; 5900.1-.3, .7, as to ``agent in 
charge,'' .10 as to ``responsible party; 5904.5; 6003.4; 6100.4; 6202.2; 
6210.8 insofar as requires permits; 6212; 6500.1-.4, .6-.10; 6501; 
7099.1 as to the definitions of ``agent in charge,'' ``authorized 
agent,'' ``voluntary remediating party,'' and ``voluntary remediation,'' 
and the definitions of ``real property owner'' and ``responsible party'' 
insofar as each definition includes persons who are not owners or 
operators of underground storage tanks.
    (2) Statement of legal authority. ``Attorney General's Statement'' 
signed by the Attorney General on September 18, 2020, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the program revision application for approval on November 12, 2020, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application for 
approval on November 12, 2020, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 3 and the District of Columbia Department of Energy and the 
Environment, signed by the EPA Regional Administrator on November 25, 
2018, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[87 FR 4164, Jan. 27, 2022]



Sec. 282.59  [Reserved]



Sec. 282.60  Georgia State-Administered Program.

    (a) History of the approval of Georgia's Program. The State of 
Georgia is approved to administer and enforce an underground storage 
tank program in lieu of the federal program under subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991 et seq. The State's program, as administered by the Georgia 
Department of Natural Resources, Environmental Protection Division, was 
approved by EPA pursuant

[[Page 634]]

to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the 
Georgia program on May 10, 1991 and it was effective on July 9, 1991. A 
subsequent program revision was approved by EPA and became effective on 
February 14, 2020.
    (b) Enforcement authority. Georgia has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d, and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Georgia must revise its approved program to adopt new changes to the 
federal subtitle I program which make it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart 
E. If Georgia obtains approval for revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final approval. Georgia has final approval for the following 
elements of its underground storage tank program originally submitted to 
EPA and approved effective July 9, 1991, and the program revisions 
approved by EPA effective on February 14, 2020.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Georgia materials cited in this paragraph, and listed in appendix A 
to part 282, are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Georgia statutes that are incorporated by reference 
in this paragraph from LexisNexis, Attn: Official Code of Georgia 
Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone 
number: 1-800-833-9844; website: http://sos.ga.gov/ index.php/ 
elections/ georgia_code _-_lexis nexis. You may obtain copies of the 
Georgia regulations that are incorporated by reference in this paragraph 
from the Administrative Procedures Division, Office of the Georgia 
Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone 
number: (678) 364-3785; website: http://rules.sos.ga.gov/ gac/391-3-15. 
You may inspect all approved material at the EPA Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-9900; or the 
National Archives and Records Administration (NARA). For information on 
the availability of the material at NARA, email [email protected] or 
go to www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) ``Georgia Statutory Requirements Applicable to the UST 
Program'', dated August 2019.
    (B) ``Georgia Regulatory Requirements Applicable to the UST 
Program'', dated August 2019.
    (ii) Legal basis. The EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace federal authorities:
    (A) Official Code of Georgia Annotated (2017), Title 12. 
``Conservation and Natural Resources,'' Chapter 13, ``Georgia 
Underground Storage Tank Act'': Sections 12-13-5; 12-13-6; 12-13-8; 12-
13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-
22.
    (B) Rules and Regulations of the State of Georgia (November 6, 
2017), Department 391. ``Rules of the Georgia Department of Natural 
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15, 
``Underground Storage Tank Management'': Sections 391-3-15-.01(2) and 
391-3-15-.14.
    (iii) Other Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Georgia 
underground storage tank program that are broader in scope than the 
federal program or external to the state UST program approval 
requirements are not part of the approved program, and are not 
incorporated by reference herein:

[[Page 635]]

    (A) Official Code of Georgia Annotated (2017), Title 12: 
``Conservation and Natural Resources,'' Chapter 13, ``Georgia 
Underground Storage Tank Act'': Sections 12-13-3(8) and (16); 12-13-7; 
12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12; 12-
13-13(e), and 12-13-18.
    (B) Rules and Regulations of the State of Georgia (November 6, 
2017), Department 391: ``Rules of the Georgia Department of Natural 
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15, 
``Underground Storage Tank Management'': Sections 391-3-15-.01(1); 391-
3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-
15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and 
391-3-15-.15.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Attorney General on June 12, 2018, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of Georgia's application on August 8, 2018, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The Program Description submitted as part 
of Georgia's application on August 8, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the Georgia Environmental Protection Division, signed by 
EPA Regional Administrator on October 12, 2018, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[85 FR 8474, Feb. 14, 2020]



Sec. 282.61  Hawaii State-Administered Program.

    (a) The State of Hawaii's underground storage tank program is 
approved in lieu of the Federal program in accordance with Subtitle I of 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
42 U.S.C. 6991 et seq. The State's program, as administered by the 
Hawaii Department of Health, was approved by EPA pursuant to 42 U.S.C. 
6991c and part 281 of this chapter. EPA approved the Hawaii underground 
storage tank program on September 25, 2002, and approval was effective 
on September 30, 2002.
    (b) Hawaii has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities in accordance with sections 9005 
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of 
whether the State has taken its own actions, as well as in accordance 
with other statutory and regulatory provisions.
    (c) To retain program approval, Hawaii must revise its approved 
program to adopt new changes to the Federal Subtitle I program that make 
it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 
6991c, and 40 CFR part 281, subpart E. If Hawaii obtains approval for 
the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Hawaii has final approval for the following elements submitted 
to EPA in the State's program application for final approval. On 
September 25, 2002, EPA published a rule approving the State's program 
in the Federal Register, 67 FR 60161. That approval became effective on 
September 30, 2002. Copies of Hawaii's program application may be 
obtained from the Hawaii Department of Health, Solid and Hazardous Waste 
Branch, 919 Ala Moana Boulevard, Suite 212, Honolulu, HI 96814.
    (1) State statutes and regulations. (i) The provisions cited in 
paragraph (d)(1)(i) of this section are incorporated by reference as 
part of the approved

[[Page 636]]

underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (A) Hawaii Statutory Requirements Applicable to the Underground 
Storage Tank Program, 2001.
    (B) Hawaii Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 2001.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by reference.
    (A) The statutory provisions include of the Hawaii Revised Statutes:
    (1) Hawaii Revised Statutes, Chapter 342L, Underground Storage 
Tanks.

 Section 342L-1 Definitions (insofar as ``complaint'' sets forth 
          enforcement authorities)
 Section 342L-2 Administration
 Section 342L-3 Powers; rulemaking; appointment of hearings officers
 Section 342L-7 Authority to obtain information and data, inspect, and 
          require and conduct activities; penalties for disclosure
 Section 342L-8 Enforcement
 Section 342L-9 Emergency powers; procedures
 Section 342L-10 Penalties
 Section 342L-11 Administrative penalties
 Section 342L-12 Injunctive relief
 Section 342L-12.5 Intervention
 Section 342L-13 Appeal
 Section 342L-15 Public records; confidential information
 Section 342L-17 Other action not barred
 Section 342L-18 Enforcement by state and county authorities
 Section 342L-19 Other powers of department not affected
 Section 342L-20 Effect of laws, ordinances, and rules
 Section 342L-21 Priority in courts
 Section 342L-30 Notification requirements (insofar as paragraph (i) of 
          this section grants the Department authority to assess 
          penalties for noncompliance)
 Section 342L-51 Leaking underground storage tank fund
 Section 342L-52 Response to suspected or confirmed releases (insofar as 
          it sets forth enforcement authorities)
 Section 342L-53 Cost recovery

    (2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.

 Section 342D-8 Inspection of premises
 Section 342D-9 Enforcement
 Section 342D-10 Emergency powers; procedures
 Section 342D-11 Injunctive relief
 Section 342D-12 Appeal
 Section 342D-14 Public records; confidential information; penalties
 Section 342D-30 Civil penalties
 Section 342D-31 Administrative penalties
 Section 342D-32 Negligent violations
 Section 342D-33 Knowing violations
 Section 342D-34 Knowing endangerment
 Section 342D-35 False statements
 Section 342D-36 Treatment of single operational upset
 Section 342D-37 Responsible corporate officer as ``person''
 Section 342D-39 Disposition of collected fines and penalties
 Section 342D-52 Testing of water and aquatic and other life

    (3) Hawaii Revised Statutes, Chapter 128D, Environmental Response 
Law.

 Section 128D-4 State response authorities; uses of fund (insofar as it 
          sets forth enforcement authorities for certain corrective 
          actions)

    (B) The regulatory provisions include; Hawaii Administrative Rules, 
Chapter 11-281, Underground Storage Tanks:

 Section 11-281-03 Definitions (insofar as ``complaint'' sets forth 
          enforcement authorities; and insofar as ``field citation'' and 
          ``force majeure'' relate to the Department's enforcement 
          authorities)
 Section 11-281-80 Public participation for corrective action plans 
          (insofar as paragraph (j) of this section sets forth 
          enforcement authorities)
 Section 11-281-121 Purpose
 Section 11-281-122 Applicability
 Section 11-281-123 Issuance and contents of a field citation
 Section 11-281-124 Notice of citation
 Section 11-281-125 Field citation order and settlement agreement
 Section 11-281-126 Correcting violations; paying the settlement amount; 
          and signing the settlement agreement
 Section 11-281-127 Method of payment
 Section 11-281-128 Field citation penalty amounts for settlement
 Section 11-281-131 Appendices VII and VIII (insofar as they relate to 
          the Department's field citation program)

    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved program, 
and are not incorporated by reference. These provisions are not 
federally enforceable.
    (A) The statutory provisions include; Hawaii Revised Statutes, 
Chapter 342L, Underground Storage Tanks:


[[Page 637]]


 Section 342L-1 Definitions (``owner'' insofar as it includes persons 
          who hold indicia of ownership to protect an interest in a tank 
          system; ``permit'' insofar as it sets forth a permitting 
          program; and ``regulated substance'' insofar as it includes 
          other substances as designated by the Department)
 Section 342L-4 Permits; procedures for (insofar as it establishes a 
          permitting program)
 Section 342L-5 Variances allowed (insofar as variances exceed the scope 
          of the federal program)
 Section 342L-6 Variances; procedures for (insofar as variances exceed 
          the scope of the federal program)
 Section 342L-14 Fees (insofar as it grants the director authority to 
          establish fees for registering underground storage tanks)
 Section 342L-16 Non-liability of department personnel (insofar as it 
          was specifically not authorized in the Federal Register notice 
          of program approval)
 Section 342L-23 Directory of underground storage tank service providers 
          (insofar as it was specifically not authorized in the Federal 
          Register notice of program approval)
 Section 342L-31 Permit requirements and transfer of permit (insofar as 
          it requires owners and operators to obtain permits to install 
          or operate UST systems)
 Section 342L-50 Definitions (insofar as the definition of ``owner'' 
          defines lenders as operators and subjects such lenders to 
          requirements other than the corrective action requirements)

    (B) The regulatory provisions include the following sections of 
Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:

 Section 11-281-03 Definitions (``farm tank'' insofar as it regulates 
          tanks on farms that are not used for farm or commercial 
          purposes; ``regulated substance'' insofar as the Department 
          can designate other substances; ``reportable quantity'' 
          insofar as it sets forth a reporting threshold of 10 lbs. for 
          trichloropropane; and ``underground storage tank'' insofar as 
          its designation of farm tanks exceeds the scope of the federal 
          regulations)
 Section 11-281-23 Permit required (insofar as it relates to the 
          permitting program)
 Section 11-281-24 Application for a permit (insofar as paragraphs (a), 
          (b), (c)(3), and (c)(4) of this section relate to the 
          permitting program)
 Section 11-281-25 Permit (insofar as paragraphs (a) and (b) of this 
          section relate to the permitting program)
 Section 11-281-26 Permit renewals (insofar as it relates to the 
          permitting program)
 Section 11-281-27 Action on and timely approval of an application for a 
          permit (insofar as it relates to the permitting program)
 Section 11-281-28 Permit conditions (insofar as it relates to the 
          permitting program)
 Section 11-281-29 Modification of permit and notice of change (insofar 
          as it relates to the permitting program)
 Section 11-281-30 Revocation or suspension of permit (insofar as it 
          relates to the permitting program)
 Section 11-281-31 Change in owner or operator for a permit (insofar as 
          it relates to the permitting program)
 Section 11-281-32 Variances allowed (insofar as variances exceed the 
          scope of the federal program)
 Section 11-281-33 Variance applications (insofar as variances exceed 
          the scope of the federal program)
 Section 11-281-34 Maintenance of permit or variance (insofar as it 
          relates to the permitting program)
 Section 11-281-35 Fees (insofar as it establishes registration fees)
 Section 11-281-45 Reporting and recordkeeping (insofar as paragraph 
          (b)(3)of this section addresses posting of signs; and 
          paragraph (c)(6) of this section requires maintenance of 
          permit records)
 Section 11-281-73 Posting of signs (insofar as there is no analogous 
          provision in the federal regulations)
 Section 11-281-131 Appendices II, IV, V, and VI of this section 
          (insofar as they address permit application and transfer 
          procedures and variances)

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement,'' signed by the State Attorney General on October 12, 2000, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Hawaii to EPA, October 12, 
2000, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on May 23, 2001, though

[[Page 638]]

not incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on May 23, 2001, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 9 and the Hawaii Department of Health, signed by the EPA Regional 
Administrator on September 13, 2002, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et 
seq.

[73 FR 53744, Sept. 17, 2008]



Sec. 282.62  Idaho State-Administered Program.

    (a) History of the approval of Idaho's Program. The State of Idaho 
is approved to administer and enforce an underground storage tank 
program in lieu of the Federal program under subtitle I of the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 
et seq. The State's program, as administered by the Idaho Department of 
Environmental Quality (DEQ), was approved by EPA pursuant to 42 U.S.C. 
6991c and part 281 of this chapter. The EPA published the notice of 
final determination approving the Idaho underground storage tank base 
program effective on February 28, 2012. A subsequent program revision 
application was approved by EPA and became effective on March 10, 2020.
    (b) Enforcement authority. Idaho has primary responsibility for 
administering and enforcing its federally-approved underground storage 
tank program. However, the EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, Idaho 
must revise its approved program to adopt new changes to the Federal 
subtitle I program which make it more stringent, in accordance with 
section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. 
If Idaho obtains approval for the revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final approval. Idaho has final approval for the following 
elements of its program application originally submitted to EPA and 
approved, effective February 28, 2012, and the program revision 
application approved by EPA effective on March 10, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The materials cited in this paragraph (d)(1) are incorporated by 
reference as part of the underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of the Idaho provisions 
that are incorporated by reference in this paragraph (d)(1)(i) from 
Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, 
Boise, Idaho 83720; Phone number: 208-332-1820; website: https://
adminrules. idaho.gov/. You may inspect all approved material at the EPA 
Region 10 office, 1200 Sixth Avenue, Seattle, Washington 98101, phone 
number (206) 553-6693, or the National Archives and Records 
Administration (NARA). For information on the availability of the 
material at NARA, email [email protected] or go to https://
www.archives.gov/ federal-register/cfr/ ibr-locations.
    (A) Idaho Statutory Requirements Applicable to the Underground 
Storage Tank Program, September 2018.
    (B) Idaho Regulatory Requirements Applicable to the Underground 
Storage Tank Program, September 2018.
    (ii) Legal basis. The EPA evaluated the following statutes and 
regulations

[[Page 639]]

which provide the legal basis for the State's implementation of the 
underground storage tank program, but they are not being incorporated by 
reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1, 
``Environmental Quality--Health,'' Sections 39-108 and -109.
    (2) Idaho Code, Title 39, ``Healthy and Safety,'' Chapter 88, 
``Idaho Underground Storage Tank Act.'' The following Sections are part 
of the approved State program, although not incorporated by reference in 
this part for enforcement purposes: Sections 39-8805, -8808, -8810, and 
-8811.
    (B) The regulatory provisions include:
    (1) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
02, ``Water Quality Standards,'' Sections 851 and 852.
    (2) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
07, ``Rules Regulating Underground Storage Tank Systems.'' The following 
Sections are part of the approved State program, although not 
incorporated by reference in this part for enforcement purposes: 
Sections 004.01, 400.01 and .03, 500, and 600.
    (3) Idaho Rules of Civil Procedure, Rule 24(a).
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Idaho 
underground storage tank program that are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this part for enforcement purposes:
    (A) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
07, ``Rules Regulating Underground Storage Tank Systems,'' Sections 
010.16, 100.01 and .03, 200, 600, and 601.
    (B) [Reserved]
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Deputy Attorney General of the State of Idaho on August 
23, 2018, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the program revision application for approval on September 19, 
2018, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application for 
approval on September 19, 2018, though not incorporated by reference, 
are referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and the Idaho Department of Environmental Quality, signed by 
the EPA Regional Administrator on March 19, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[85 FR 1281, Jan. 10, 2020]



Sec. Sec. 282.63-282.64  [Reserved]



Sec. 282.65  Iowa State-Administered Program.

    (a) The State of Iowa is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Iowa Department of Natural Resources, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the Iowa program on March 7, 1995 and it was effective on May 8, 1995.
    (b) Iowa has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Iowa must revise its approved 
program to

[[Page 640]]

adopt new changes to the federal subtitle I program which make it more 
stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 
40 CFR part 281, subpart E. If Iowa obtains approval for the revised 
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the 
newly approved statutory and regulatory provisions will be added to this 
subpart and notice of any change will be published in the Federal 
Register.
    (d) Iowa has final approval for the following elements submitted to 
EPA in Iowa's program application for final approval and approved by EPA 
on March 7, 1995. Copies may be obtained from the Underground Storage 
Tank Program, Iowa Department of Natural Resources, Wallace State Office 
Building, 900 East Grand, Des Moines, Iowa, 50319.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Iowa Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (B) Iowa Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1994
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Code of Iowa, Chapter 455B, 
Sections 103(4), 109, 111, 112, 475, 476, 477 and 478.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) Code of Iowa, Chapter 455B, Sections 113, 114 and 115 insofar as 
they apply to certified laboratories; 479 insofar as it applies to 
account dispersion; Chapter 455G, Sections 1-20 insofar as they apply to 
the comprehensive petroleum underground storage tank fund.
    (B) Iowa Administrative Code, Rule 567, Chapter 134.1-5 insofar as 
they apply to the registration of groundwater professionals; 135.3(4) 
insofar as it applies to farm or residential tanks of 1,100 gallons or 
less capacity used for storing motor fuel for noncommercial purposes.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of Iowa on December 
22, 1993, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Iowa to EPA, dated December 
22, 1993, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in March of 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in March 1994, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 7 and the Iowa Department of Natural Resources, signed by the EPA 
Regional Administrator on June 22, 1994, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 12632, Mar. 7, 1995]



Sec. 282.66  Kansas State-Administered Program.

    (a) History of the approval of Kansas's program. The State of Kansas 
is approved to administer and enforce an underground storage tank 
program in lieu of the Federal program under Subtitle I of the Resource 
Conservation and Recovery Act of 1976 (RCRA), as

[[Page 641]]

amended, 42 U.S.C. 6991 et seq. The State's program, as administered by 
the Kansas Department of Health and Environment, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved 
the Kansas program on June 6, 1994, and it was effective on July 6, 
1994. A subsequent program revision application was approved by EPA and 
became effective on November 1, 2021.
    (b) Enforcement authority. Kansas has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any 
other applicable statutory and regulatory provisions.
    (c) Retaining program approval. To retain program approval, Kansas 
must revise its approved program to adopt new changes to the federal 
Subtitle I program which makes it more stringent, in accordance with 
section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If 
Kansas obtains approval for the revised requirements pursuant to section 
9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final program approval. Kansas has final approval for the 
following elements of its program application originally submitted to 
EPA and approved on June 6, 1994 and effective July 6, 1994, and the 
program revision application approved by EPA, effective on November 1, 
2021.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in Appendix A to Part 
282, are incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The 
Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Kansas regulations and statutes that are 
incorporated by reference in this paragraph from the Kansas Department 
of Health and Environment website at: www.kdheks.gov/tanks/regs.html or 
the KDHE Storage Tank Section, 1000 SW Jackson, Suite 410, Topeka, KS 
66612; Phone number: (785) 296-1678. You may inspect all approved 
material at the EPA Region 7 Office, 11201 Renner Boulevard, Lenexa, KS 
66219; Phone Number: (913) 551-7355; or the National Archives and 
Records Administration (NARA), Email: [email protected], website: 
https://www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) EPA-Approved Kansas Statutory Requirements Applicable to the 
Underground Storage Tank Program, July 2015.
    (B) EPA-Approved Kansas Regulatory Requirements Applicable to the 
Underground Storage Tank Program, July 2020.
    (ii) Legal basis. EPA evaluated the following statutes, which 
provide the legal basis for the State's implementation of the 
underground storage tank program, but they are not being incorporated by 
reference for enforcement purposes and do not replace Federal 
authorities: Kansas Statutes Annotated, Chapter 65, Public Health, 
Article 34, Kansas Storage Tank Act, Sections: 108--Enforcement of act: 
Duties of owner or operator; records, reports, documents, other 
information; 109--Unlawful acts: penalties; and 113--Civil penalties and 
remedies for violations.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this section for enforcement purposes:
    (A) Kansas Statutes Annotated, Chapter 65, Public Health, Article 
34, Kansas Storage Tank Act, Sections: 105(a)(2) and 105(a)(13) as they 
apply to aboveground storage tanks; 105(a)(8) as it applies to tank 
tightness tester qualifications; 105(a)(10) as it applies to 
registration and permit fees; 105(a)(11) and 105(a)(12) as they apply to 
licensing tank installers and/or contractors and fees for these 
licenses; 106 as it applies to aboveground storage tanks and permits to 
construct, install, or modify

[[Page 642]]

storage tanks; 110 as it applies to licensing tank installers and 
contractors; 111 as it applies to suspension of licenses; 112 as it 
applies to agreements between secretary and local governments; 114 as it 
applies to the underground petroleum storage tank release trust fund; 
117 as it applies to the environmental assurance fee; 118 as it applies 
to corrective action for aboveground storage tanks; 119-125 as they 
apply to the petroleum storage tank release trust funds; 126 and 127 as 
they apply to the third party liability insurance plan; 128 as it 
applies to the storage tank fee fund; 129 and 130 as they apply to the 
aboveground petroleum storage tank release trust fund; 131-134 and 139 
as they apply to the UST redevelopment fund.
    (B) Kansas Department of Health and Environment Permanent 
Administrative Regulations, Chapter 28, Article 44, Petroleum Products 
Storage Tanks, Sections: 12(c) as it applies to the suspension and 
revocation of licenses; 12(d) as it applies to fee payments; 15 as it 
applies to underground storage tank installation or modification permits 
and the fees for these permits; 17(b)-(f) as they apply to the fees for 
underground storage tank registration and annual operating permits and 
the associated penalties; 18 as it applies to registration of non-
regulated underground storage tanks; 20-22 as they apply to licensing 
underground storage tank contractors, installers, testers, and removers, 
fees for these licenses, and the suspension or revocation of tester 
licenses; 29 as it applies to aboveground storage tanks.
    (2) Statement of legal authority. The ``Attorney General's Letter of 
Certification'', signed by the Kansas Attorney General on August 23, 
1993, and December 4, 2020, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the original application on July 2, 1992, and as part of the program 
revision application on February 11, 2021, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on July 2, 1992, 
and as part of the program revision application on February 11, 2021, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 7 and the Kansas Department of Health and Environment, signed by 
the EPA Regional Administrator on March 25, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[86 FR 49257, Sept. 2, 2021]



Sec. 282.67  Kentucky State-Administered Program.

    (a) History of the approval of Kentucky's UST Program. The 
Commonwealth of Kentucky (Commonwealth or Kentucky) is approved to 
administer and enforce an underground storage tank (UST) program in lieu 
of the federal program under subtitle I of the Resource Conservation and 
Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The 
State's UST Program, as administered by the Kentucky Department for 
Environmental Protection (KDEP), was approved by the EPA pursuant to 42 
U.S.C. 6991c and part 281 of this chapter. The EPA published the notice 
of final determination approving the Kentucky UST Program on September 
16, 2020, and that approval became effective immediately.
    (b) Enforcement authority. Kentucky has primary responsibility for 
enforcing its UST Program. However, the EPA retains the authority to 
exercise its corrective action, inspection, and enforcement authorities 
under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d, and 6991e, as well as under other statutory and 
regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Kentucky must revise its approved UST Program

[[Page 643]]

to adopt new changes to the federal subtitle I program which make it 
more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 
6991c, and 40 CFR part 281, subpart E. If Kentucky obtains approval for 
revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, 
the newly approved statutory and regulatory provisions will be added to 
this subpart and notice of any change will be published in the Federal 
Register.
    (d) Final approval. Kentucky has final approval for the following 
elements submitted to the EPA and approved effective September 16, 2020.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Kentucky materials cited in this paragraph and listed in appendix A 
to this part, are incorporated by reference as part of the UST Program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may access copies of the 
Kentucky statutes and regulations that are incorporated by reference 
from the Kentucky Department for Environmental Protection, Underground 
Storage Tank Branch, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 
40601. You may also access copies of the statues and regulations that 
are incorporated by reference from the Kentucky Legislative Research 
Commission at the following website: https://legislature.ky.gov/ Pages/
index.aspx. You may inspect all approved material at the EPA Region 4, 
61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-
9900; or the National Archives and Records Administration (NARA), email: 
[email protected]; website: https://www.archives.gov/ federal-
register/ cfr/ibr-locations.html.
    (A) Kentucky Statutory Requirements Applicable to the Underground 
Storage Tank Program, dated September 10, 2021.
    (B) Kentucky Regulatory Requirements Applicable to the Underground 
Storage Tank Program, dated September 10, 2021.
    (ii) Legal basis. The EPA considered the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the UST Program, but these provisions do not replace Federal 
authorities. Further, these provisions are not incorporated by 
reference, unless the provisions place requirements on regulated 
entities.
    (A) Kentucky Revised Statutes (KRS), Chapter 61, subchapters 870 to 
884 (2018)--insofar as these provisions relate to authorities enabling 
public participation and the sharing of information.
    (B) Kentucky Revised Statutes (KRS), Chapter 224 (2017):
    (1) KRS 224.1-400(9) and (11), insofar as these provisions provide 
authority for release reporting and notification to KDEP.
    (2) KRS 224.10-100(5), (10), and (28), insofar as these provisions 
relate to the general powers and duties of KDEP to prevent pollution, 
conduct inspections and compliance monitoring, and promulgate UST 
regulations.
    (3) KRS 224.10-410, insofar as it relates to the authority of KDEP 
to issue an order for corrective measures without a hearing.
    (4) KRS 224.10-420(2), insofar as it relates to the administrative 
processes governing enforcement proceedings and public participation in 
the enforcement process.
    (5) KRS 224.10-440, insofar as it relates to regulations governing 
the procedural requirements for administrative hearings.
    (6) KRS 224.60-105(2)-(4), insofar as these provisions relate to the 
general authority of KDEP to regulate USTs and the preemption of local 
laws, ordinances, and regulations.
    (7) KRS 224.60-120(6), insofar as it relates to the authority of 
KDEP to promulgate administrative regulations for implementing financial 
responsibility requirements.
    (8) KRS 224.60-135(1), (2), and (4), insofar as these provisions 
relate to the authority of KDEP to require or initiate corrective action 
for releases into the environment.
    (9) KRS 224.60-137(3), insofar as it relates to the duty of KDEP to 
develop standards for corrective action.
    (10) KRS 224.60-138, insofar as it relates to the duties of KDEP to 
determine whether corrective action for a release from or closure of a 
petroleum UST has been completed.

[[Page 644]]

    (11) KRS 224.60-155, insofar as it relates to the authority of KDEP 
to assess a civil penalty for failure to comply with the administrative 
regulations.
    (12) KRS 224.99-010(9), insofar as it applies to KRS 224.1-400, and 
relates to the authority to assess a civil penalty and the concurrent 
jurisdiction and venue of the Franklin Circuit Court.
    (13) KRS 224.99-020, insofar as it relates to the authority to 
commence an enforcement action to require compliance, or recovery of 
penalties or costs.
    (C) Kentucky Rules of Civil Procedure, Rule 24, insofar as it 
provides for public participation in the State enforcement process, 
including intervention.
    (D) 401 Kentucky Administrative Regulations (KAR) 42:020 (2019)--
Section 18, insofar as it relates to the authority of KDEP to implement 
delivery prohibition.
    (E) 400 Kentucky Administrative Regulations (KAR) Chapter 1 (2018):
    (1) 400 KAR 1:090, insofar as it establishes procedures for 
administrative hearings to enforce compliance, and provides for public 
participation.
    (2) 400 KAR 1:100, insofar as it contains the general administrative 
hearing practice provisions governing matters brought to enforce 
compliance with the UST Program.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions are broader in scope than the 
federal program or external to the State UST program approval 
requirements. Therefore, these provisions are not part of the approved 
program, and are not incorporated by reference herein:
    (A) Kentucky Revised Statutes (KRS) Chapter 224:
    (1) KRS 224.60-110 is external insofar as it contains the Kentucky 
General Assembly's legislative intent with respect to the regulation of 
petroleum underground storage tanks.
    (2) KRS 224.60-130 is broader in scope insofar as it relates to the 
administration of the petroleum storage tank environmental assurance 
fund.
    (3) KRS 224.60-135(3) is external insofar as it relates to the 
obligation of KDEP to notify the UST owner or operator prior to 
initiating or contracting for corrective action.
    (4) KRS 224.60-135(5) is broader in scope insofar as it relates to 
the authority of the State Fire Marshal to promulgate regulations 
requiring persons who install, repair, close or remove USTs to 
demonstrate financial assurance.
    (5) KRS 224.60-137(1), (2), and (4) are external insofar as they 
relate to contracting with the University of Kentucky for the purpose of 
updating standards for corrective action and for the Cabinet to develop 
an inventory of facilities eligible for reimbursement.
    (6) KRS 224.60-140 is broader in scope insofar as it relates to the 
creation and administration of a petroleum storage tank environmental 
assurance fund.
    (7) KRS 224.60-142 is broader in scope insofar as it relates to UST 
registration requirements applicable to participation in the petroleum 
storage tank environmental assurance fund.
    (8) KRS 224.60-145 is broader in scope insofar as it relates to the 
establishment of an environmental assurance fee and deposit fee, and 
insofar as it relates to administration of accounts in the petroleum 
storage tank environmental assurance fund.
    (9) KRS 224.60-150 is broader in scope insofar as it relates to the 
authority to levy and collect a fee from owners or operators of USTs for 
the purpose of funding the administration of the UST Program.
    (10) KRS 224.60-160 is external insofar as it relates to the 
severability of any provision of the statute.
    (B) 401 Kentucky Administrative Regulations (KAR) Chapter 42:
    (1) 401 KAR 42:020
    (i) Section 2(1)(b) is external insofar as it relates to the 
attendance of a KDEP representative during installation.
    (ii) Sections 2(2)-(6) are broader in scope insofar as they relate 
to UST registration requirements.
    (iii) Section 2(7)(c) is broader in scope insofar as it relates to 
the submittal of an amended UST Registration Form for UST sale.
    (iv) Sections 2(8)-(9) are broader in scope insofar as they relate 
to registration requirements and the collection of annual fees.
    (v) Section 3(1) is broader in scope insofar as it relates to the 
submittal of

[[Page 645]]

an amended UST Registration Form for temporary closure.
    (vi) Section 7 is broader in scope insofar as it places requirements 
on shear valves, components that are not UST system components.
    (vii) Sections 11(4) and (9) are broader in scope insofar as they 
place certification and qualification requirements directly on corrosion 
prevention, protection, and repair contractors.
    (viii) Section 13(2) is broader in scope insofar as it requires 
repair contractors to be certified by the State Fire Marshal.
    (ix) Sections 15(6) and (7) are broader in scope insofar as they 
place qualification requirements directly on system equipment testers to 
validate equipment test results.
    (x) Section 22 is external insofar as it relates to the authority of 
KDEP to extend compliance deadlines.
    (2) 401 KAR 42:060
    (i) Section 2 is external insofar as it relates to the authority of 
the Environmental Response Team during environmental emergencies.
    (ii) Section 7 is external insofar as it relates to classification 
of UST facilities following closure or a release.
    (iii) Section 8 is external insofar as it relates to the authority 
of KDEP to issue a no further action letter.
    (iv) Section 9 is external insofar as it relates to the authority of 
KDEP to extend compliance deadlines.
    (3) 401 KAR 42:250 is broader in scope insofar as it establishes 
eligibility requirements and procedures for the petroleum storage tank 
environmental assurance fund.
    (4) 401 KAR 42:330 is broader in scope insofar as it establishes the 
eligibility requirements and rates for reimbursement from the Small 
Owners Tank Removal Account.
    (2) Statement of legal authority. The Attorney General's statement, 
signed by the General Counsel for the Kentucky Energy and Environment 
Cabinet on September 23, 2019, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the original application on October 7, 2019, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on October 7, 
2019, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the Energy and Environment Cabinet, Kentucky Department for 
Environmental Protection, signed by the EPA Regional Administrator on 
August 18, 2020, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.

[87 FR 3682, Jan. 25, 2022]



Sec. 282.68  Louisiana State-Administered Program.

    (a) History of the approval of Louisiana's program. The State of 
Louisiana is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program under subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991 et seq. The State's program, as administered by the 
Louisiana Department of Environmental Quality, was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA published 
the notice of final determination approving the Louisiana underground 
storage tank base program effective on September 4, 1992. A subsequent 
program revision application was approved effective on August 3, 2020.
    (b) Enforcement authority. Louisiana has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as

[[Page 646]]

under any other applicable statutory and regulatory provisions.
    (c) Retaining program approval. To retain program approval, 
Louisiana must revise its approved program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart 
E. If Louisiana obtains approval for the revised requirements pursuant 
to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory 
and regulatory provisions will be added to this subpart and notice of 
any change will be published in the Federal Register.
    (d) Final program approval. Louisiana has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective September 4, 1992, and the program revision 
application approved by EPA effective on August 3, 2020.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph (d)(1)(i) are incorporated by 
reference as part of the underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of Louisiana UST 
regulations that are incorporated by reference in this paragraph 
(d)(1)(i) from the Louisiana Office of the State Register, P.O. Box 
94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; 
website: https://www.doa.la.gov/ Pages/osr/ lac/LAC-33.aspx; or 
Louisiana Department of Environmental Quality's website: http://
www.deq.louisiana.gov/ resources/category/ regulations-lac-title-33. You 
may inspect all approved material at the EPA Region 6, 1201 Elm Street, 
Suite 500, Dallas, Texas 75270 (phone number (214) 665-2239) or the 
National Archives and Records Administration (NARA). For information on 
the availability of the material at NARA, email [email protected] or 
go to http://www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) ``Louisiana Regulatory Requirements Applicable to the 
Underground Storage Tank Program, September 2019''. Those provisions are 
listed in appendix A to this part.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Louisiana Revised Statutes, Title 30, Subtitle II, Environmental 
Quality (Environmental Quality Act):
    (i) Chapter 2. Department of Environmental Quality, Section 2011. 
Department of Environmental Quality created; duties; powers; structure, 
paragraphs (A) through (C), (D) introductory paragraph through (D)(10), 
(D)(13) through (D)(15), (D)(17) through (D)(23), (D)(25), and (E) 
through (G); Section 2012. Enforcement inspections; Section 2025. 
Enforcement; Section 2026. Citizen suits; Section 2030. Confidential 
information; restricted access via the internet; Section 2043. Public 
records; forms and methods; electronic signatures.
    (ii) Chapter 2-A. Enforcement Procedure and Judicial Law, Section 
2050.4. Enforcement; final action; Section 2050.7. Enforcement; 
settlement or compromise; Section 2050.8. Enforcement; cease and desist 
orders.
    (iii) Chapter 4. Louisiana Water Control Law, Section 2077. 
Remediation of pollution;
    (iv) Chapter 9. Hazardous Waste Control Law, Section 2194. 
Underground Storage Tanks; registration, paragraphs (C) introductory 
paragraph, (B)(6), (B)(8), (B)(9), (B)(15), and (C) through (E); Section 
2194.1. Prohibitions; Section 2195.9 Financial responsibility; 2195.10 
Financial responsibility for noncompliance; 2195.11 Voluntary cleanup; 
private contracts; exemptions.
    (v) Chapter 12, Liability for Hazardous Substance Remedial Action, 
Part I. General provisions, Section 2277. Defenses, Subsection (4).
    (2) Louisiana Code of Civil Procedure Section 4 Intervention, 
Article 1091 Third person may intervene.
    (B) The regulatory provisions include:
    (1) Louisiana Administrative Code, Title 33; effective September 20, 
2018:

[[Page 647]]

    (i) Part I. Office of the Secretary, Chapter 7--Penalty Regulations, 
Chapter 8--Expedited Penalty Regulations, Chapter 13--Risk Evaluation/
Corrective Action Program Regulations, Chapter 39--Notification 
Regulations and procedures for Unauthorized Discharges, section 3915 
Notification Requirements for Unauthorized Discharges That Cause 
Emergency Conditions and section 3923 Notification Requirements for 
Other Regulatorily Required Reporting.
    (ii) Part XI. Underground Storage Tanks, Chapter 3, section 301.C.9 
through C.12; Chapter 4 Delivery Prohibition, section 401 purpose and 
section 403 delivery prohibition of regulated substances to underground 
storage tank systems; Chapter 7. Methods of Release Detection and 
Release reporting, Investigation, Confirmation, and Response, section 
715.H public participation; Chapter 15. Enforcement.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Louisiana 
underground storage tank program are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this section for enforcement purposes:
    (A) Louisiana Revised Statutes, Title 30, Subtitle II, Environmental 
Quality (Environmental Quality Act).
    (B) Louisiana Administrative Code, Title 33, Part XI. Underground 
Storage Tanks, Chapter 1, Section 103, definitions of owner (as it 
refers to operators, lessees, or lessors as owners), on staff, 
registered tank, registration certificate, response action contractor, 
and technical services; Chapter 3, Sections 301. C.6, Section 307; 
Chapter 7, Section 715.A; Chapter 11, Section 1121; Chapter 12; Chapter 
13.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Louisiana on September 12, 1991 and 
September 27, 2018, though not incorporated by reference, are referenced 
as part of the approved underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on October 9, 1991 and as part of the 
program revision application for approval on October 2, 2018 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on October 9, 
1991 and as part of the program revision application on October 2, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Louisiana Department of Environmental Quality, signed 
by the EPA Regional Administrator on May 8, 2019 though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[85 FR 34368, June 4, 2020]



Sec. 282.69  Maine State-Administered Program.

    (a) The State of Maine is approved to administer and enforce an 
underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Maine Department Environmental Protection (ME DEP), was approved 
by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the 
Maine program on June 11, 1992, which was effective on July 13, 1992.
    (b) Maine has primary responsibility for administering and enforcing 
its federally approved underground storage tank program. However, EPA 
retains the authority to exercise its inspection and enforcement 
authorities under Sections 9005 and 9006 of Subtitle I of RCRA, 42 
U.S.C. 6991d and 6991e, as well as under any other applicable statutory 
and regulatory provisions.

[[Page 648]]

    (c) To retain program approval, Maine must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
makes it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c and 40 CFR part 281, subpart E. If Maine obtains approval 
for the revised requirements pursuant to Section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notification of any change will be published 
in the Federal Register.
    (d) Maine has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
July 13, 1992, and the program revision application approved by EPA, 
except as it relates to USTs on Indian lands, effective on December 2, 
2019.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph (d)(1)(i), and listed in appendix A 
to this part, is incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
(See Sec. 282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Maine regulations and 
statutes that are incorporated by reference in this paragraph (d)(1)(i) 
from the Staff to the Board of Underground Storage Tank Installers, 
Maine DEP, 17 SHS, Augusta, ME 04333-0017; Phone number: 207-287-7688; 
Hours: Monday-Friday, 8:00 a.m. to 5:00 p.m.; website for statutes and 
regulations: https://www.maine.gov/dep/ waste/ust/lawsrules.html.
    (A) ``Maine Statutory and Regulatory Requirements Applicable to the 
Underground Storage Tank Program, September 2018.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Maine Revised Statutes, Title 4: Judiciary; Chapter 5: District 
Court; Section 152. District court, Civil jurisdiction; 6-A N. All laws 
administered by the Department of Environmental Protection.
    (2) Maine Revised Statutes, Title 14: Court Procedure--Civil, 
Chapter 711: Equity Proceedings.
    (3) Maine Revised Statutes, Title 17: Crimes, Chapter 91: Nuisances, 
Section 2794. Dumping of oil.
    (4) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 2. Department of Environmental Protection, 
Subchapter 1. Organization and Powers, Section 342.7. Representation in 
court, Section 342.11-B. Revoke or suspend licenses and permits, Section 
346. Judicial appeals, Section 347-A. Violations, Section 348. Judicial 
enforcement, and Section 349. Penalties.
    (5) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-A. Oil Discharge Prevention and Pollution Control, Section 550. 
Enforcement, Penalties.
    (6) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-B. Oil Storage Facilities and Ground Water Protection, Section 565-A. 
Authority to prohibit product delivery; Section 568.3. Issuance of 
clean-up orders; Section 568.4. Enforcement, penalties, punitive 
damages, Section 570-C. Municipal ordinances, powers limited.
    (7) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 13-D: Wellhead Protection, Section 1397. 
Enforcement.
    (B) The regulatory provisions include:
    (1) 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground Oil Storage Facilities: 4.O. Registration of 
Underground Oil Storage Facilities; 5.D.(11)(e) Leak or discharge 
reporting requirements; 12.A.(3) Discharge and leak investigation, 
response and corrective action; 14. Severability.
    (2) The Maine Rules of Civil Procedure, Rule 24. Intervention, Rule 
80K. Land Use Violations.
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Maine's UST program are broader in scope than the Federal 
program, are not part of the

[[Page 649]]

approved program, and are not incorporated by reference herein for 
enforcement purposes:
    (A) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-A. Oil Discharge Prevention and Pollution Control: Section 551. Maine 
Ground and Surface Waters Clean-up and Response Fund;
    (B) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-B. Oil Storage Facilities and Ground Water Protection: Section 563. 9. 
Annual compliance inspection.; Section 564. 5. Mandatory for 
replacement.; Section 565. Regulation of underground oil storage 
facilities used for consumption on the premises or by the owner or 
operator; Section 566-A. 5. Abandonment of underground oil storage 
facilities and tanks; Section 567. Certification of underground tank 
installers; Section 570-I. Budget approval;
    (C) 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground Oil Storage Facilities: 5.B.(4)(a), (d), (g), 
(h), and (j) General facility installation requirements; 5.B.(5)(b) 
Installation requirements for new and replacement tanks; 5.D.(3)(f) 
Operation and Monitoring Requirements for Galvanic Cathodic Protection 
Systems; 5.D.(6)(b) Overfill and spill prevention; 5.D.(14)(c) Repairs 
other than relining; 5.D.(15)(f) (vii) Financial responsibility 
requirements; 5.D.(17) Annual compliance inspection requirements; 
5.D.(19)(b) Safe excavation requirements; 5.F. Mandatory facility 
closure upon expiration of warranty; 6. Regulation of heating oil 
facilities used for consumption on the premises or by the owner or 
operator; 7.B.(7) Design and installation standards for new and 
replacement facilities; 8.B.(1)(d) and (e) Design and installation 
requirements for new and replacement tanks, 8.B.(4)(b), (d), and (e) 
General installation requirements, 9.B.(4) Installation requirements for 
new and replacement heavy oil facilities, 10.B.(1)(c) General design and 
construction requirements, 10.B.(3)(b), (f), and (h) General 
installation requirements, and 10.D.(2) Operation, maintenance, testing 
and inspection requirements for new, replacement and existing systems.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Maine on December 5, 1991, and October 
12, 2018, though not incorporated by reference, are referenced as part 
of the approved underground storage tank program under Subtitle I of 
RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on November 27, 1991, and as part of 
the program revision application for approval on October 13, 2018 though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on November 27, 
1991, and as part of the program revision application on October 13, 
2018, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the Maine Department of Environmental Protection, signed by 
the EPA Regional Administrator on November 21, 2018 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[84 FR 52789, Oct. 3, 2019]



Sec. 282.70  [Reserved]



Sec. 282.71  Massachusetts State-Administered Program.

    (a) The State of Massachusetts is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Massachusetts Department Environmental Protection (MassDEP), was

[[Page 650]]

approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of this 
Chapter. EPA approved the Massachusetts program on March 3, 1995, which 
was effective on April 17, 1995.
    (b) Massachusetts has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Massachusetts must revise its 
approved program to adopt new changes to the federal Subtitle I program 
which makes it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Massachusetts obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notification of any change will be 
published in the Federal Register.
    (d) Massachusetts has final approval for the following elements of 
its program application originally submitted to EPA and approved 
effective April 17, 1995, and the program revision application approved 
by EPA, effective on September 16, 2019.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph, and listed in appendix A to part 
282, is incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 
282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Massachusetts statutes and 
regulations that are incorporated by reference in this paragraph from 
the State Bookstore, State House, Room 116, Boston, MA 02133; Phone 
number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; 
website: http://www.sec.state.ma.us/spr/ sprcat/catidx.htm.
    (A) ``Massachusetts Statutory and Regulatory Requirements Applicable 
to the Underground Storage Tank Program, March 2019.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Massachusetts General Laws, Chapter 21A, Executive Office of 
Energy and Environmental Affairs, Section 16, Civil Administrative 
Penalties.
    (2) Massachusetts General Laws, Chapter 21E, Massachusetts Oil and 
Hazardous Material Release Prevention and Response Act (2014), Sections 
4 through 6, 8 through 12 and 15 through 18.
    (3) Massachusetts General Laws, Chapter 21J, Underground Petroleum 
Product Cleanup Fund, Chapters 11 through 14.
    (4) Massachusetts General Laws, Chapter 21O, Operation and Removal 
of Underground Storage Tanks, Section 4, Sections 6 through 9.
    (B) The regulatory provisions include:
    (1) Code of Massachusetts Regulations, 310 CMR 80, Underground 
Storage Tank (UST) Systems: 80.10 Duty to Provide Information; 80.12 
Presumption of Irreparable Harm; 80.13, Department Access to UST 
Facilities and Records; 80.48, Delivery Prohibition; 80.50, Enforcement 
and Appeals.
    (2) Code of Massachusetts Regulations, 310 CMR 40, Massachusetts 
Contingency Plan: 40.0010, Effect of Orders and Appeals; 40.0011, 
Confidentiality of Information; 40.0013, Presumption of Irreparable 
Harm; 40.0019, Violations of Environmental Restrictions; 40.0020, 
Violations of a Permanent Solution or Temporary Solution; 40.0021, 
Unlawful Interference with Response Actions; 40.0050, Appeals of Orders 
and Permits; 40.0051, Appeals Relative to Administrative Penalties; 
40.0160, Departmental Notice to Responsible Parties and Potentially 
Responsible Parties; 40.0165, Department Request for Information (RFI); 
40.0166, Department Right of Entry; 40.0171, Failure to Perform a 
Response Action.

[[Page 651]]

    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Massachusetts' UST program are broader in scope than the federal 
program, are not part of the approved program, and are not incorporated 
by reference herein for enforcement purposes:
    (A) Massachusetts General Laws, Chapter 21O: Operation and Removal 
of Underground Storage Tanks, Section 1, Removal or relocation of 
underground flammable or combustible fluid tanks; permits; abandoned 
underground residential tanks; Massachusetts General Laws, Chapter 21E: 
Massachusetts Oil and Hazardous Material Release Prevention and Response 
Act, Sections 3A, 3B, Sections 13, 14, and 19 through 22;
    (B) Code of Massachusetts Regulations, Title 310 CMR Chapter 80, 
Underground Storage Tank Systems: General Provisions Section, 
Applicability, 80.04(6)(c), (8) through (12); Design, Construction and 
Installation Requirements Section, 80.16(7); Requirements for Compliance 
Certification Section, 80.34; Class A, B, and C Operator Requirements 
and Certifications, 80.37; Third Party Inspections Section, 80.49; 310 
CMR Chapter 40, Massachusetts Contingency Plan: Subpart B: Organization 
and Responsibilities, The Role of Licensed Site Professionals Section, 
40.0169; and other provisions of Chapter 40.0000 Subparts A-P insofar as 
they do not relate to underground storage tanks and with respect to 
underground storage tanks insofar as they are broader in scope than the 
federal requirements.
    (2) Statement of Legal Authority. The Attorney General's Statements, 
signed by the Attorney General of Massachusetts on August 18, 1993, and 
March 2, 2017, though not incorporated by reference, are referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on October 5, 1992, and as part of the 
program revision application for approval on June 21, 2017 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on October 5, 
1992, and as part of the program revision application on June 21, 2017, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the Massachusetts Department of Environmental Protection, 
signed by the EPA Regional Administrator on November 21, 2018 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[84 FR 34318, July 18, 2019]



Sec. 282.72  [Reserved]



Sec. 282.73  Minnesota State-Administered Program.

    (a) The State of Minnesota's underground storage tank program is 
approved in lieu of the Federal program in accordance with Subtitle I of 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
42 U.S.C. 6991 et seq. The State's program, as administered by the 
Minnesota Pollution Control Agency, was approved by EPA pursuant to 42 
U.S.C. 6991c and part 281 of this chapter. EPA approved the Minnesota 
underground storage tank program on November 30, 2001, and approval was 
effective on December 31, 2001.
    (b) Minnesota has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities in accordance with 
sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, 
regardless of whether the State has taken its own actions, as well as in 
accordance with other statutory and regulatory provisions.

[[Page 652]]

    (c) To retain program approval, Minnesota must revise its approved 
program to adopt new changes to the Federal Subtitle I program that make 
it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 
6991c, and 40 CFR part 281, subpart E. If Minnesota obtains approval for 
the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Minnesota has final approval for the following elements 
submitted to EPA in the State's program application for final approval. 
On November 30, 2001, EPA published a rule approving the State's program 
in the Federal Register, 66 FR 59713. That approval became effective on 
December 31, 2001. Copies of Minnesota's program application may be 
obtained from the Minnesota Pollution Control Agency, UST/LUST Program, 
520 Lafayette Road North, St. Paul, MN 55155-3898.
    (1) State statutes and regulations. (i) The provisions cited in 
paragraph (d)(1)(i) of this section are incorporated by reference as 
part of the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Minnesota Statutory Requirements Applicable to the Underground 
Storage Tank Program, 2000.
    (B) Minnesota Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 2000.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by reference.
    (A) The statutory provisions include:

    (1) Minnesota Statutes, Chapter 13, Government Data Practices

M. S. 13.08 Civil remedies
M. S. 13.09 Penalties

    (2) Minnesota Statutes, Chapter 115, Water Pollution Control; 
Sanitary Districts

M. S. 115.04 Disposal Systems and Point Sources; subd. 1, 2, 3: 
Information; Examination of records; Access to premises
M. S. 115.071 Enforcement
M. S. 115.072 Recovery of Litigation Costs and Expenses

    (3) Minnesota Statutes, Chapter 115B, Environmental Response and 
Liability

M. S. 115B.17 State response to releases; subd. 4: Access to information 
and property
M. S. 115B.175 Voluntary Response Actions; Liability Protection; 
Procedures
M. S. 115B.177 Owner of Real Property Affected by Off-Site Release
M. S. 115B.178 Association with Release; Commissioner's Determination
M. S. 115B.18 Failure to Take Requested Action; Civil Penalties; Action 
to Compel Performance; Injunctive Relief

    (4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.04 Liability for Response Costs
M. S. 115C.05 Civil Penalty
M. S. 115C.09 Reimbursement; subd. 5(b), 6: Return of reimbursement; 
Fraud
M. S. 115C.113 Orders
M. S. 115C.12 Appeal of reimbursement determination

    (5) Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.07 Powers and Duties; subd. 9(b): Orders; investigations
M. S. 116.072 Administrative Penalties
M. S. 116.073 Field Citations
M. S. 116.091 Systems and Facilities
M. S. 116.11 Emergency Powers

    (6) Minnesota Statutes, Chapter 116B, Environmental Rights

M. S. 116B.03 Civil Actions
M. S. 116B.07 Relief

    (B) The regulatory provisions include:
    (1) Minnesota Rules of Civil Procedure

Rule 24.01 Intervention of Right
Rule 24.02 Permissive Intervention

    (2) Minnesota Rules, Chapter 2890, Petroleum Tank Releases

2890.0100 Review and Determination
2890.0110 Right to Appeal
2890.0130 Action on Notice of Lien Filing

    (3) Minnesota Rules, Chapter 7000, Procedural Rule

M. S. 7000.0300 Duty of Candor
M. S. 7000.0900 Informal Complaints
M. S. 7000.1200 Inspection of Public Records
M. S. 7000.1300 Confidential Information

    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved program, 
and are not incorporated by reference. These provisions are not 
federally enforceable.

[[Page 653]]

    (A) The statutory provisions include:
    (1) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.03 Response to releases [insofar as subd. 10 imposes 
recordkeeping requirements on contractors and consultants.]
M. S. 115C.045 Kickbacks [insofar as it applies to individuals other 
than UST system owners and operators.]
M. S. 115C.065 Consultants' or Contractors' duty to notify [insofar as 
it imposes notification requirements on contractors and consultants.]
M. S. 115C.08 Petroleum tank fund [insofar as subd. 3 imposes a 
petroleum tank release cleanup fee on petroleum distributors.]
M. S. 115C.11 Consultants and contractors; sanctions [insofar as it 
applies to individuals other than UST system owners and operators.]
M. S. 115C.111 Consultant and contractor sanctions; actions based on 
conduct occurring before March 14, 1996 [insofar as it applies to 
individuals other than UST system owners and operators.]
M. S. 115C.112 Consultant and contractor sanctions; actions based on 
conduct occurring on and after March 14, 1996 [insofar as it applies to 
individuals other than UST system owners and operators.]

    (2) Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.46 Definitions [insofar as subd. 8 includes vessels, 
enclosures, or structures--which are exempt from the federal program--in 
the definition of UST.]
M. S. 116.47 Exemptions [insofar as paragraph (2) does not exclude from 
regulation USTs of 1,100 gallon capacity or more used to store heating 
oil for consumptive use.]
M. S. 116.48 Notification requirements [insofar as subd. 1(b) requires 
that the owner of an AST must notify the MPCA of the tank's status.]
M. S. 116.48 Notification requirements [insofar as subd. 2 imposes 
requirements on owners who discover an abandoned AST.]
M. S. 116.48 Notification requirements [insofar as subd. 3 imposes 
notification requirements on owners of ASTs removing a tank from service 
or changing the tank's service.]
M. S. 116.48 Notification requirements [insofar as subd. 4 places 
notification requirements on persons transferring the title to regulated 
substances to be placed directly into an UST.]
M. S. 116.48 Notification requirements [insofar as subd. 5 imposes 
notification requirements on sellers of ASTs.]
M. S. 116.48 Notification requirements [insofar as subd. 6 imposes 
notification requirements on owners who plan to transfer ownership of 
property containing an AST.]
M. S. 116.491 Tank installers training and certification [insofar as it 
applies to individuals other than UST system owners and operators.]
M. S. 116.492 Basement storage tanks; removal [insofar as it applies to 
a class of tanks not regulated under the federal program.]

    (B) The regulatory provisions include:
    (1) Minnesota Rules, Chapter 7105--Minnesota Pollution Control 
Agency, Water Quality Division, Underground Storage Tanks: Training (In 
addition to the other specific reasons noted, the following sections of 
Chapter 7105 are broader in scope, insofar as they set forth training 
requirements for persons not regulated under the federal program.)

7105.0010 Definitions [insofar as subp. 25 includes vessels, enclosures, 
and structures--which are exempt from the federal program--in the 
definition of UST.]
7105.0030 General Provisions; Certification requirements and deadlines; 
Certificate availability [insofar as subp. 1 and 2 require training for 
individuals not regulated under the federal program.]
7105.0040 Exclusions [insofar as it does not exclude from regulation 
heating oil storage tanks with a capacity of greater than 1,100 
gallons.]
7105.0050 Contractor Certification
7105.0060 Supervisor Certification
7105.0070 Standards of Performance
7105.0080 Storage Tank Service Provider Training Course Requirements
7105.0090 Examinations and Diplomas
7105.0100 Approval of Certification Training Courses
7105.0110 Sanctions
7105.0120 Fees
7105.0130 Incorporation by Reference

    (2) Minnesota Rules, Chapter 7150--Minnesota Pollution Control 
Agency, Water Quality Division, Underground Storage Tanks Program

7150.0010 Applicability [insofar as subp. 2 does not exclude from 
regulation liquid traps or associated gathering lines directly related 
to oil and gas production and gathering operations.]
7150.0010 Applicability [insofar as subp. 2(H) does not exclude from 
regulation heating oil storage tanks with a storage capacity of greater 
than 1,100 gallons.]
7150.0010 Applicability [insofar as subp. 5 does not exclude owners and 
operators of heating oil storage tanks with a storage capacity of 
greater than 1,100 gallons from notification requirements.]

[[Page 654]]

7150.0030 Definitions [insofar as subp. 51 includes vessels, enclosures, 
and structures--which are exempt from the federal program--in the 
definition of UST.]
7150.0300 General Requirements for All Underground Storage Tank Systems 
[insofar as subp. 3 imposes release detection schedule requirements on 
hazardous material tanks not regulated under the federal program.]

    (3) Minnesota Rules, Chapter 7510--Department of Public Safety, Fire 
Marshal Division, Fire Safety

7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of 
Containers [insofar as it regulates ASTs.]

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement,'' signed by the State Attorney General on September 12, 2000, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Minnesota to EPA, September 
12, 2000, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on May 11, 2000, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on May 11, 2000, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 5 and the Minnesota Pollution Control Agency, signed by the EPA 
Regional Administrator on November 14, 2001, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et 
seq.

[70 FR 29360, May 24, 2005]



Sec. 282.74  Mississippi State-Administered Program.

    (a) The State of Mississippi is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Mississippi Department of Environmental Quality, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA 
approved the Mississippi program on June 11, 1990 and it was effective 
on July 11, 1990.
    (b) Mississippi has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Mississippi must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Mississippi obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Mississippi has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on June 11, 1990. Copies may be obtained from the 
Underground Storage Tank Program, Mississippi Department of 
Environmental Quality, 2380 Highway 80 West, Jackson, MS 39289-0385.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program

[[Page 655]]

under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Mississippi Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (B) Mississippi Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1996.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:
    (1) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 
49-17-435, Underground Storage Tank Act of 1988, as amended.

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

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

49-17-17 Powers and duties
49-17-27 Emergency orders; public notice of emergency situations
49-17-31 Proceedings before commission
49-17-33 Hearings
49-17-35 Request for hearing
49-17-41 Administrative appeals; appeals to chancery court; appeals to 
supreme court
49-17-43 Penalties

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

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

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

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

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

Section XX Enforcement Actions

    (2) [Reserved]
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include:
    (1) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 
49-17-433, Underground Storage Tank Act of 1988.

49-17-429 Certification to install, alter or remove underground storage 
tanks

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

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

    (2) Mississippi Groundwater Protection Trust Fund Regulations.

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

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the State Attorney General on August 15, 
1989, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Mississippi to EPA, August 
15, 1989, though not incorporated by reference,

[[Page 656]]

is referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on August 14, 1989, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on August 14, 
1989, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the Mississippi Department of Environmental Quality, 
approved by the EPA Regional Administrator, as part of the delegation 
package which received final program approval on June 11, 1990, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[62 FR 28366, May 23, 1997]



Sec. 282.75  [Reserved]



Sec. 282.76  Montana State-Administered Program.

    (a) History of the approval of Montana's Program. The State of 
Montana is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program under Subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991, et seq. The State's program, as administered by the Montana 
Department of Environmental Quality (MDEQ), was approved by the EPA 
pursuant to 42 U.S.C. 6991c and Part 281 of this chapter. The EPA 
published the notice of final determination approving the Montana 
underground storage tank base program effective on March 4, 1996. A 
subsequent program revision application was approved by the EPA and 
became effective on October 15, 2019.
    (b) Enforcement authority. Montana has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, the EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of Subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Montana must revise its approved program to adopt new changes to the 
Federal Subtitle I program, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Montana obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Final approval. Montana has final approval for the following 
elements of its program application originally submitted to the EPA and 
approved effective March 4, 1996, and the program revision application 
approved by EPA effective on October 15, 2019:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph is incorporated by reference as 
part of the underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq. (See Sec. 282.2 for incorporation by reference 
approval and inspection information.) The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Montana 
statutes and regulations that are incorporated by reference in this 
paragraph from Montana Legislative Services Division, P.O. Box 201706, 
Helena, MT 59620-1706; Phone number: (406) 444-3064; email: 
[email protected]; website: https://leg.mt.gov/statute/, and Montana's 
Secretary of State's Administrative Rules Services, P.O. Box 202801, 
Helena, MT 59620-2801; Phone number: 406-444-9000;

[[Page 657]]

email: [email protected]; website: http://www.mtrules.org/.
    (A) ``EPA-Approved Montana Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program'' dated May 2019.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Montana Code Annotated (2017), Title 75 Environmental 
Protection, Chapter 11 Underground Storage Tanks, Part 2 Underground 
Storage Tank Installer and Inspector Licensing and Permitting Act. 
Sections 75-11-203(2), (3), (6), and (7); 75-11-204(1) introductory 
paragraph; 75-11-218 through 75-11-220; 75-11-223; 75-11-224; and 75-11-
232;
    (2) Montana Code Annotated (2017), Title 75 Environmental 
Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana 
Underground Storage Tank Act. Sections 75-11-504; 75-11-505(1); 75-11-
510 through 75-11-521; 75-11-525; and 75-11-526; and
    (3) Additional statutes. The following additional statutes that the 
State relies on for its enforcement program with respect to Spill 
Management and Reporting: The Comprehensive Environmental Cleanup and 
Responsibility Act, MCA section 75-10-701 et seq.; the Hazardous Waste 
Act, MCA Section 75-10-401 et seq.; the Solid Waste Management Act MCA 
section 75-10-201 et seq.; and, the Water Quality Act MCA section 75-5-
101 et seq.
    (B) The regulatory provisions include:
    (1) Administrative Rules of Montana (October 6, 2018), Title 17 
Department of Environmental Quality, Chapter 56 Underground Storage 
Tanks Petroleum and Chemical Substances. Section 17.56.105 Variances; 
17.56.309 Requirements for Compliance Inspections; 17.56.311 Permanent 
Non-Expiring Tags; 17.56.312 Delivery Prohibition; 17.56.508 Numbering 
Petroleum Releases; section 17.56.606 Public Participation; 17.56.607 
Release Categorization; and 17.56.706 Requirement to empty noncompliance 
USTs.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutes and rules applicable to the Montana 
underground storage tank program that are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this part for enforcement purposes:
    (A) Administrative Rules of Montana (October 6, 2018), Title 17 
Department of Environmental Quality, Chapter 56 Underground Storage 
Tanks Petroleum and Chemical Substances. Sections 17.56.102(3)(e); 
17.56.308; 17.56.310; 17.56.402(1)(a)(iii); 17.56.701(4); 17.56.903(3); 
17.56.1001; and 17.56.1502(1) as it applies to permits; subchapter 13, 
sections 17.56.1301 through 17.56.1309 and subchapter 14, sections 
17.56.1401 through 17.56.1426.
    (B) Montana Code Annotated (2017), Title 75 Environmental 
Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana 
Underground Storage Tank Act. Sections 75-11-203(1), (4), (5), (8)-(10), 
(14), and (15); 75-11-204(1)(a)-(h) and (2); 75-11-209 through 75-11-
214; 75-11-225 through 75-11-227; 75-11-503(8) ``underground storage 
tank'' or ``tank'' as it applies to aboveground storage tanks; 75-11-
505(1)(f); and 75-11-509.
    (2) Statement of legal authority. The Attorney General's 
Certification, signed by the Acting Chief Counsel, Special Assistant 
Attorney General for the State of Montana on November 13, 2018, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on February 22, 1995, and as part of 
the program revision application on November 13, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on February 22, 
1995, and as part

[[Page 658]]

of the program revision application on November 13, 2018, though not 
incorporated by reference, are referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 8 and the Montana Department of Environmental Quality, signed by 
the EPA Regional Administrator on September 25, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[84 FR 41641, Aug. 15, 2019]



Sec. 282.77  [Reserved]



Sec. 282.78  Nevada State-Administered Program.

    (a) The State of Nevada is approved to administer and enforce an 
underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The state's program, as administered 
by the Nevada Division of Environmental Protection was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the Nevada program on December 24, 1992 and it was effective March 30, 
1993.
    (b) Nevada has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
statutory and regulatory provisions.
    (c) To retain program approval, Nevada must revise its approved 
program to adopt new changes to the Federal Subtitle I program, which 
makes it more stringent in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Nevada obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Nevada has final approval for the following elements submitted 
to EPA in Nevada's program application for final approval and approved 
by EPA on December 24, 1992. Copies may be obtained from the Nevada 
State Office Library, Board Room, 100 Stewart Street, Carson City, 
Nevada 89710.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42. U.S.C. 6991 et seq.
    (A) Nevada Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (B) Nevada Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include: Nevada Revised Statutes 459 
Underground Storage Tank Program (1992) Sections 459.826, 459.830, 
459.832, 459.834, 459.844, 459.846, 459.848, 459.850, 459.852, 459.854, 
and 459.856.
    (B) The regulatory provisions include: none.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes: 
none.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
of Final Approval,'' signed by the Attorney General of Nevada on 
December 1, 1992, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Nevada to EPA, dated 
December 1, 1992, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration

[[Page 659]]

of Procedures for Adequate Enforcement'' submitted as part of the 
original application of October 1, 1992, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in October 1992, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 9 and the Nevada Division of Environmental Protection, signed by 
the EPA Regional Administrator on December 17, 1992, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[63 FR 38500, July 17, 1998]



Sec. 282.79  New Hampshire State-Administered Program.

    (a) The State of New Hampshire is approved to administer and enforce 
an underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the New Hampshire Department Environmental Services (NH DES), was 
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA 
approved the New Hampshire program on June 19, 1991, which was effective 
on July 19, 1991.
    (b) New Hampshire has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, New Hampshire must revise its 
approved program to adopt new changes to the Federal Subtitle I program 
which makes it more stringent, in accordance with Section 9004 of RCRA, 
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If New Hampshire obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notification of any change will be 
published in the Federal Register.
    (d) New Hampshire has final approval for the following elements of 
its program application originally submitted to EPA and approved 
effective July 19, 1991, and the program revision application approved 
by EPA, effective on December 31, 2019.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph (d)(1)(i), and listed in appendix A 
to this part, is incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
(See Sec. 282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the New Hampshire regulations and 
statutes that are incorporated by reference in this paragraph (d)(1)(i) 
from Oil Compliance Section Supervisor, New Hampshire DES, PO Box 29, 
Concord, NH 03302-0029; Phone number: 603-271-6058; Hours: Monday-
Friday, 8:00 a.m. to 4:00 p.m.; link to statutes and regulations: NH RSA 
21-O: http://www.gencourt .state.nh.us/ rsa/html/l/ 21-O-mrg.htm; NH RSA 
91-A: http://www.gencourt .state.nh.us/ rsa/html/vi/ 91-a/ 91-a-mrg.htm; 
NH RSA 146-C: http://www.gencourt .state.nh.us/ rsa/html/X/ 146-C/ 146-
C-mrg.htm; NH RSA 485-C: http://www.gencourt .state.nh.us/ rsa/html/
NHTOC/ NHTOC-L-485-C.htm; NHDES Env-Or 400: https://www.des.nh.gov/ 
organization/ commissioner/legal/rules/ documents/ env-or400.pdf; NHDES 
Env-Or 600: https://www.des.nh.gov/ organization/ commissioner/legal/
rules/ documents/ env-or600.pdf.
    (A) ``New Hampshire Statutory and Regulatory Requirements Applicable 
to the Underground Storage Tank Program, October 2018.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations

[[Page 660]]

which are part of the approved program, but they are not being 
incorporated by reference for enforcement purposes, and do not replace 
Federal authorities:
    (A) The statutory provisions include:
    (1) New Hampshire Revised Statutes Annotated, Title I, The State and 
its Government, Chapter 21-O, Department of Environmental Services, 
Section 21-O:9. Waste Management Council; Section 21-O:14 Administrative 
Appeals.
    (2) New Hampshire Revised Statutes Annotated, Title X, Public 
Health, Chapter 146-C Underground Storage Facilities, Section C:5 
Records Required, Inspections; Section C:9-a Orders, Injunctions; 
Section C:10 Penalty; Section C:10-a Administrative Fines; Section C:11 
Liability for Cleanup Costs, Municipal Regulations; Section C:13 
Penalty, Persons Strictly Liable; Section C:14 Delivery Prohibition; 
Section C:15 Non-Compliant Storage Tanks or Facilities, Red-Tagging 
Procedure; Section C:16 Appeals.
    (3) New Hampshire Revised Statutes Annotated, Title L, Water 
Management and Protection, Chapter 485-C Groundwater Protection Act, 
Section C:15 Investigation and Inspections; Section C:16 Cease and 
Desist Orders; Section C:17 Appeals; Section C:18 Administrative Fines; 
Section C:19 Penalties and Other Relief.
    (4) New Hampshire Revised Statutes Annotated, Title LV, Proceedings 
in Special Cases, Chapter 541 Rehearings and Appeals in Certain Cases.
    (B) The regulatory provisions include:
    (1) New Hampshire Code of Administrative Rules, Chapter Env-Or 400 
Underground Storage Tank Facilities: 404.05(b)(3) Signature Required; 
404.11 Suspension or Revocation of Permit to Operate.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the New Hampshire's UST program are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference herein for enforcement purposes:
    (A) New Hampshire Code of Administrative Rules, Chapter Env-Or 400 
Underground Storage Tank Facilities: 405.05(f) and (g) Spill 
Containment; 405.07(a)(2) Dispensing Areas; 405.12(a) Day Tank Markings 
Required; 406.12(c) Spill Containment Integrity Testing; 407.01(a) 
Application for Approval of UST Systems; 407.06(b-e), (g) and (h) UST 
System Design Requirements; 408.05(f) Permanent Closure Required; Part 
Env-Or 409 Waivers.
    (B) [Reserved]
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of New Hampshire on November 1, 1990, and 
June 3, 2019, though not incorporated by reference, are referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on January 8, 1991, and as part of the 
program revision application for approval on June 24, 2019 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on January 8, 
1991, and as part of the program revision application on June 24, 2019, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the New Hampshire Department of Environmental Services, 
signed by the EPA Regional Administrator on February 12, 2019 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[84 FR 58631, Nov. 1, 2019]

[[Page 661]]



Sec. 282.80  [Reserved]



Sec. 282.81  New Mexico State-Administered Program.

    (a) History of the approval of New Mexico's Program. The State of 
New Mexico is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program under Subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991, et seq. The State's program, as administered by the New 
Mexico Environment Department, was approved by EPA pursuant to 42 U.S.C. 
6991c and Part 281 of this Chapter. EPA published the notice of final 
determination approving the New Mexico underground storage tank base 
program effective on November 16, 1990. A subsequent program revision 
application was approved effective on October 27, 2020.
    (b) Enforcement authority. New Mexico has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under Subtitle 
I of RCRA sections 9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 6991d and 
6991e, as well as under any other applicable statutory and regulatory 
provisions.
    (c) Retaining Program Approval. To retain program approval, New 
Mexico must revise its approved program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with RCRA section 9004, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. 
If New Mexico obtains approval for the revised requirements pursuant to 
RCRA section 9004, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final Program Approval. New Mexico has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective November 16, 1990, and the program revision 
application approved by EPA effective on October 27, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The New Mexico provisions cited in this paragraph are incorporated by 
reference as part of the underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of the New Mexico 
regulations that are incorporated by reference in this paragraph from 
New Mexico State Records Center and Archives, 1205 Camino Carlos Rey, 
Santa Fe, NM 87507; Phone number: (505)-476-7941; website http://
164.64.110.134/ nmac/. You may inspect all approved material at the EPA 
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 (Phone number 
(214) 665-2239 or the National Archives and Records Administration 
(NARA). For information on the availability of the material at NARA, 
email [email protected] or go to http://www.archives.gov/ federal-
register/cfr/ ibr-locations.html.
    (A) ``EPA-Approved New Mexico Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program'', June 2020. Only 
those provisions that have been approved by EPA are incorporated by 
reference. Those provisions are listed in Appendix A to Part 282.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include: New Mexico Statutes Annotated 
(NMSA) 1978, as amended through May 16, 2018:
    (1) Tax Administration Act, section 7-1-6.25;
    (2) Department of Environment Act, sections 9-7A-2(A) through (C), 
9-7A-3 through 9-7A-12;
    (3) Open Meetings Act, sections 10-15-1 through 10-15-4;
    (4) Inspection of Public Records Act, sections 14-2-1 through 14-2-
12;
    (5) State Rules Act, section 14-4-5.2;
    (6) Environmental Improvement Act, sections 74-1-2, 74-1-3(A), (B), 
(D), and

[[Page 662]]

(F), 74-1-4 through 74-1-6, 74-1-7(A) introductory paragraph and 
(A)(13), 74-1-8(A) introductory paragraph and (A)(13), 74-1-8.1, 74-1-9, 
74-1-10;
    (7) Hazardous Waste Act, sections 74-4-2, 74-4-3(A) through (D), 
(F), (M), (N), (Q), and (V), 74-4-4 (except (A), (J), and (K)), 74-4-
4.3, 74-4-4.8, 74-4-5, 74-4-7, 74-4-8, 74-4-10, 74-4-11(C), 74-4-12 
through 74-4-14; and
    (8) Groundwater Protection Act, sections 74-6B-2 through 74-6B-8, 
74-6B-13, 74-6B-14.
    (B) The regulatory provisions include: New Mexico Administrative 
Code (NMAC) Title 20 Environmental Protection, Chapter 5 Petroleum 
Storage Tanks, as amended effective July 24, 2018: Part 107 General 
Operating Requirements for Underground Storage Tank Systems, section 
20.5.107.712 Department Review and Approval of Plans, Installation, 
Operation, and Maintenance;
    Part 116 Delivery Prohibition; Part 123 Corrective Action Fund 
Administration; and Part 125 Administrative Review.
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the New Mexico 
underground storage tank program that are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) New Mexico Statutes Annotated (NMSA) 1978, as amended through 
May 16, 2018: Hazardous Waste Act, section 74-4-4.4; and Groundwater 
Protection Act, section 74-6B-9 and 74-6B-10.
    (B) New Mexico Administrative Code (NMAC) Title 20 Environmental 
Protection, Chapter 5 Petroleum Storage Tanks, as amended effective July 
24, 2018: Part 102, section 202 New Storage Tank Systems; Part 103 
Annual Fee; Part 105 Certification of Tank Installers and Junior 
Installers; Requirements for Testers, section 509 Experience 
Requirements; Part 106 New and Upgraded Underground Storage Tank 
Systems: Design, Construction, and Installation, section 20.5.106.614 
Loading Racks; Part 115 Out-of-Service Storage Tank Systems and Closure, 
sections 1501.C(3), 1501.E, 1501.F(3), and 1501.G [for field-erected AST 
systems only]; Part 119 Corrective Action for Storage Action Tank 
Systems Containing Petroleum Products, sections 20.5.119.1900.G and 
20.5.119.1900.H; Part 120 Corrective Action for UST Systems Containing 
Other Regulated Substances, sections 20.5.120.2000.G and 
20.5.120.2000.H; and Part 122 Qualification of Persons Performing 
Corrective Action.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Special Assistant Attorney General of New Mexico June 25, 
1990, and revisions to that Statement dated October 5, 2018, though not 
incorporated by reference, are referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Adequate Enforcement of Compliance'' submitted as part of the original 
application on September 25, 1989 and as part of the program revision 
application for approval on October 11, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application September 25, 
1989 and as part of the program revision application October 11, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the New Mexico Environment Department, signed by the EPA 
Regional Administrator on July 29, 2019 though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[85 FR 53184, Aug. 28, 2020]



Sec. 282.82  [Reserved]



Sec. 282.83  North Carolina State-Administered Program.

    (a) The State of North Carolina is approved to administer and 
enforce an

[[Page 663]]

underground storage tank program in lieu of the Federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the North Carolina Department of Environment and Natural Resources, 
Division of Waste Management, UST Section, was approved by EPA pursuant 
to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the North 
Carolina program on April 26, 2001 with an effective date of August 14, 
2001.
    (b) North Carolina has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, North Carolina must revise its 
approved program to adopt new changes to the Federal subtitle I program 
which make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Carolina 
obtains approval for the revised requirements pursuant to section 9004 
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory 
provisions will be added to this subpart and notice of any change will 
be published in the Federal Register.
    (d) North Carolina has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on April 26, 2001. Copies may be obtained from the 
North Carolina Department of Environment and Natural Resources, Division 
of Waste Management, UST Section, 2728 Capital Blvd., Raleigh, NC 27604.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) North Carolina Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (B) North Carolina Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1997 and 1998.
    (ii) The following statutes and regulations are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes.
    (A) The statutory provisions include:
    (1) General Statutes of North Carolina, Chapter 143--State 
Departments, Institutions, and Commissions; Article 21, Water and Air 
Resources

Sec. 143-215.6A Enforcement procedures: civil penalties
Sec. 143-215.6B Enforcement procedures: criminal penalties
Sec. 143-215.6C Enforcement procedures: injunctive relief

    (2) General Statutes of North Carolina, Chapter 143--State 
Departments, Institutions, and Commissions; Article 21A, Oil Pollution 
and Hazardous Substances Control

Sec. 143-215.79 Inspections and investigations; entry upon property
Sec. 143-215.88A Enforcement procedures: civil penalties
Sec. 143-215.88B Enforcement procedures: criminal penalties
Sec. 143-215.91A Limited liability for volunteers in oil and hazardous 
substance abatement
Sec. 143-215.94 Joint and several liability
Sec. 143-215.94F Limited amnesty
Sec. 143-215.94G Authority of the Department to engage in cleanups; 
actions for fund reimbursement (Insofar as (e) outlines enforcement 
authorities.)
Sec. 143-215.94K Enforcement
Sec. 143-215.94W Enforcement procedures: civil penalties
Sec. 143-215.94Y Enforcement procedures: criminal penalties
Sec. 143-215.94Z Enforcement procedures: injunctive relief

    (3) General Statutes of North Carolina, Chapter 143B--Executive 
Organization Act of 1973

Sec. 143B-282 Environmental Management Commission--Creation; powers and 
duties
Sec. 143B-282.1 Environmental Management Commission--quasi-judicial 
powers; procedures

    (4) General Statutes of North Carolina, Chapter 150B--Administrative 
Procedure Act

Sec. 150B-23 Commencement; assignment of administrative law judge; 
hearing required; notice; intervention


[[Page 664]]


    (5) General Statutes of North Carolina, Chapter 1A--Rules of Civil 
Procedure

Rule 24 Intervention

    (B) The regulatory provisions include:
    (1) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground 
Storage Tanks

Section .0100 General Considerations (Insofar as .0101(c) provides 
inspection and enforcement authority.)

    (2) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial 
Responsibility Requirements for Owners and Operators of Underground 
Storage Tanks

Section .0100 General Considerations (Insofar as .0101(c) provides 
inspection and enforcement authority.)

    (3) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking 
Petroleum Underground Storage Tank Cleanup Funds

Section .0100 General Considerations (Insofar as .0101(d) provides 
inspection and enforcement authority.)

    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include:
    (1) General Statutes of North Carolina, Chapter 143--State 
Departments, Institutions, and Commissions; Article 21A, Oil Pollution 
and Hazardous Substances Control

Sec. 143-215.83 Discharges (Insofar as (c) addresses permit 
requirements.)
Sec. 143-215.92 Lien on vessel (Insofar as it addresses vessels, which 
are not regulated by the Federal program.)
Sec. 143-215.94A Definitions (Insofar as .94A(2) subjects certain 
heating oil tanks and the piping connected to otherwise excluded tanks 
to the regulatory requirements.)
Sec. 143-215.94C Commercial leaking petroleum underground storage tank 
cleanup fees (Insofar as it establishes annual operating fees.)
Sec. 143-215.94U Registration of petroleum commercial underground 
storage tanks; operation of petroleum underground storage tanks; 
operating permit required (Insofar as it requires owners and operators 
to obtain operating permits and pay operating fees for their tanks, and 
imposes requirements on individuals other than UST owners and 
operators.)

    (B) The regulatory provisions include:
    (1) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground 
Storage Tanks

Section .0200 Program Scope and Interim Prohibition (Insofar as .0201 
subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)
Section .0800 Out-of-Service UST Systems and Closure Insofar as .0802 
subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)

    (2) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial 
ResponsibilityRequirements for Owners and Operators of Underground 
Storage Tanks

Section .0200 Program Scope (Insofar as .0203(b)(1) defines ``annual 
operating fee'')
Section .0400 Responsibilities of Owners and Operators (Insofar as 
.0402(b)(2) addresses annual operating fee requirements.)

    (3) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking 
Petroleum Underground Storage Tank Cleanup Funds

Section .0200 Program Scope (Insofar as .0201(a) and (b) and .0202 
(b)(1) relate to annual operating fees.)
Section .0300 Annual Operating Fees (Insofar as .0301 sets forth annual 
operating fee requirements.)
Section .0400 Reimbursement Procedure (Insofar as .0401(b) relates to 
annual operating fees.)

    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the State Attorney General on January 5, 
1998, though not incorporated by reference,

[[Page 665]]

is referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of North Carolina to EPA, 
August 11, 1998, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (iii) Letter from the Attorney General of North Carolina to EPA, 
September 24, 1998, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on December 19, 1997, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on December 19, 
1997, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the North Carolina Department of Environment and Natural 
Resources, Division of Waste Management, UST Section, signed by the EPA 
Regional Administrator on July 29, 1999, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[66 FR 32568, June 15, 2001]



Sec. 282.84  North Dakota State-Administered Program.

    (a) History of the approval of North Dakota's Program. The State of 
North Dakota is approved to administer and enforce an underground 
storage tank program in lieu of the Federal program under subtitle I of 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
42 U.S.C. 6991 et seq. The State's program, as administered by the North 
Dakota Department of Environmental Quality (DEQ) was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA 
published the notice of final determination approving the North Dakota 
underground storage tank base program effective on December 10, 1991. A 
subsequent program revision application was approved by EPA and became 
effective on March 15, 2019.
    (b) Enforcement authority. North Dakota has primary responsibility 
for administering and enforcing its federally approved underground 
storage tank program. However, EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Approval. To retain program approval, North Dakota must revise 
its approved program to adopt new changes to the Federal subtitle I 
program which make it more stringent, in accordance with section 9004 of 
RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Dakota 
obtains approval for the revised requirements pursuant to section 9004 
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory 
provisions will be added to this subpart and notice of any change will 
be published in the Federal Register.
    (d) Program authorization. North Dakota has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective December 10, 1991, and the program revision 
application approved by EPA effective on March 15, 2019:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The North Dakota provisions cited in this paragraph and listed in 
Appendix A to this part, are incorporated by reference as part of the 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You

[[Page 666]]

may obtain copies of the North Dakota regulations that are incorporated 
by reference in this paragraph from North Dakota Legislative Council, 
Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North 
Dakota 58504, phone 701-328-2916, website: https://www.legis.nd.gov/ 
agency-rules/ north-dakota-administrative -code. You may inspect a copy 
at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202 (Phone 
number 303-312-6231 or the National Archives and Records Administration 
(NARA). For information on the availability of the material at NARA, 
email [email protected] or go to https://www.archives.gov/ federal-
register/cfr/ ibr-locations.html.
    (A) ``EPA-Approved North Dakota Regulatory Requirements Applicable 
to the Underground Storage Tank Program,'' dated April 2019.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include: North Dakota Century Code 
(2019), Title 1 ``General Provisions,'' Chapter 1-01, ``General 
Principles and Definitions,'' Section 1-01-49(8) ``Person;'' Title 23.1 
``Environmental Quality,'' Chapter 01 ``Department of Environmental 
Quality,'' Sections 23.1-01-01 and 23.1-01-04; Chapter 04 ``Hazardous 
Waste Management,'' Sections 23.1-04-01 introductory paragraph, .1, .5, 
and .6; 23.1-04-02 introductory paragraph, .2, .9 through .11, and .16; 
23.1-04-03; 23.1-04-06; and 23.1-04-12 through 23.1-04-15.
    (B) The regulatory provisions include: North Dakota Administrative 
Code Chapter 33.1-24-08, Technical Standards and Corrective Action 
Requirements for Owners and Operators of Underground Storage Tanks, as 
amended effective January 1, 2019, Sections 33.1-24-08-36 Applicability 
(Delivery Prohibition), 33.1-24-08-37 Criteria for Delivery Prohibition, 
and 33.1-24-08-57 Public Participation.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Attorney General of North Dakota on February 28, 1991, and 
by the Assistant Attorney General on July 26, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on April 4, 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Enforcement Agreement. The ``North Dakota State and EPA Region 8 
Enforcement Agreement'' submitted as part of the program revision 
application on July 26, 2018, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Program description. The program description and any other 
material submitted as part of the original application April 4, 1991, 
and as part of the program revision application on July 26, 2018, though 
not incorporated by reference, are referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (6) Memorandum of Agreement. The Memorandum of Agreement between 
North Dakota and the EPA Region 8, signed by the EPA Regional 
Administrator on November 9, 2018, though not incorporated by reference, 
is referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[84 FR 65688, Nov. 29, 2019]



Sec. 282.85  [Reserved]



Sec. 282.86  Oklahoma State-Administered Program.

    (a) History of the approval of Oklahoma's Program. The State of 
Oklahoma is approved to administer and enforce an underground storage 
tank program in lieu of the federal program under subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991 et seq. The State's program, as administered by the Oklahoma 
Corporation Commision,

[[Page 667]]

was approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this 
Chapter. EPA published the notice of final determination approving the 
Oklahoma underground storage tank base program effective on October 14, 
1992. A subsequent program revision application was approved effective 
on March 12, 2018.
    (b) Enforcement authority. Oklahoma has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under sections 
9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d 
and 6991e, as well as under any other applicable statutory and 
regulatory provisions.
    (c) To retain program approval, Oklahoma must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oklahoma obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Oklahoma has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
October 14, 1992, and the program revision application approved by EPA 
effective on March 12, 2018:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Oklahoma provisions cited in this paragraph are incorporated by 
reference as part of the underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain copies of the Oklahoma 
regulations that are incorporated by reference in this paragraph from 
the State's Office of Administrative Rules, Secretary of State, P.O. Box 
53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; 
website: https://www.sos.ok.gov/ oar/Default.aspx. You may inspect all 
approved material at the EPA Region 6, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270-2102; Phone number (214) 665-2239 or the National 
Archives and Records Administration (NARA). For information on the 
availability of the material at NARA, email [email protected] or go 
to www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) The binder entitled ``Oklahoma Regulatory Requirements 
Applicable to the Underground Storage Tank Program, October 2017. Those 
provisions are listed in Appendix A to Part 282.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Oklahoma Statutes (2016), Title 17, ``Corporation Commission'': 
Chapter 3, ``Oil and Gas'', Section 52(A)(k)(5); Chapter 14, ``Oklahoma 
Storage Tank Regulation Act'', Sections 301, 302, 303 (except 303.22 
``Permit''), 305, 306, 307, 309 through 316, 319, 321 through 325, 330 
and 340; Chapter 15, ``Oklahoma Petroleum Storage Tank Release Indemnity 
Program'', Sections 350 through 365.
    (2) Oklahoma Statutes (2016), Title 27A, ``Environmental and Natural 
Resources'': Chapter 1, Article III, ``Jurisdiction of Environmental 
Agencies'', Section 1-3-101(E)(5)(a)-(c).
    (3) Oklahoma Statutes (2016), Title 52, ``Oil and Gas'': Chapter 5, 
``Inspections'', Sections 321 through 347.
    (B) The regulatory provisions include:
    (1) Oklahoma Administrative Code, Title 165, effective August 25, 
2016:
    (i) Chapter 5, ``Rules of Practice'': Subchapter 1, ``General 
Provisions'', Sections 165:5-1-4(b) and 165:5-1-25; Subchapter 5, 
``Dockets'': Sections 165:5-5-1(a)(9) and (a)(10); Subchapter 21, 
``Procedure for the Petroleum Storage Tank Docket'': Sections 165:5:21-1 
through 165:5-21-5, 165:5:21-8 through 165:5:21-10;
    (ii) Chapter 15, ``Fuel Inspection'': Subchapter 3, ``Fuel 
Specialists, Testing, Accessibility, and Assistance'',

[[Page 668]]

Sections 165:15-3-1, through 165:15-3-3, 165:15-3-16, 165:15-3-21, 
165:15-3-21 through 165:15-3-24.1; Subchapter 19, ``Violations and 
Contempt'', Sections 165:15-19-1 through 165:15-19-5.
    (iii) Chapter 25, ``Underground Storage Tanks'': Subchapter 1, 
``General Provisions'': Part 5, ``Scope of Rules'', Section 165:25-1-
24.1; Part 6, ``Administrative Provisions'', Sections 165:25-1-26.1 
through 165:25-1-30.1; Part 15, ``Shutdown of Operations'', Section 
165:25-1-67; Part 17, ``Licensing Procedures'', Sections 165:25-1-107; 
Part 19 ``Operator Training'', Section 165:25-1-126; Subchapter 2, 
``General Requirements for Underground Storage Tank Systems'': 
Subchapter 18, ``Inspections, Notices of Violations and Citations'': 
Part 1, ``Inspections'', Sections 165:25-18-1 through 165:25-18-4; Part 
3, ``Notices of Violation and Citations'', Sections 165:25-18-10 through 
165:25-18-13; Part 5, ``Penalties'', Section 165:25-18-19; Appendix Q 
and Appendix S.
    (iv) Chapter 27, ``Indemnity Fund''. Subchapter 1, ``General 
Provisions'': Sections 165:27-1-1 and 165:27-1-3 through 165:27-1-6; 
Subchapter 3, ``Eligibility Requirements'', Sections 165:27-3-1 and 
165:27-3-2; Subchapter 5, ``Qualifications for Reimbursement'', Sections 
165:27-5-1 and 165:27-5-3. Subchapter 7, ``Reimbursement'', Sections 
165:27-7-1, 165:27-7-7, 165:27-7-8, 165:27-7-9, 165:27-7-9.1, 165:27-7-
10 and 165:27-7-11; Subchapter 9, ``Administrative Provisions'', 
Sections 165:27-9-1 through 165:27-94.
    (v) Chapter 29, ``Corrective Action of Petroleum Storage Tank 
Releases'', Subchapter 1, ``General Provisions'', Part 1, ``Purpose and 
Statutory Authority'', Section 165:29-1-3; Subchapter 3, ``Release 
Prevention, Detection and Correction'', Part 5, ``Corrective Action 
Requirements'', Section 165:29-3-81. Subchapter 5 ``Administrative 
Provisions'': Sections 165:29-5-1 and 165:29-5-4.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Oklahoma 
underground storage tank program that are broader in coverage than the 
federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Oklahoma Statutes (2016), Title 17, ``Corporation Commission'': 
Chapter 14, ``Oklahoma Storage Tank Regulation Act'', Section 303.22 
``Permit'', 306.1, 308, 308.1 and 318.
    (B) Oklahoma Administrative Code, Title 165, effective August 25, 
2016: Chapter 25, ``Underground Storage Tanks''. Subchapter 1, ``General 
Provisions'': Part 9, ``Notification and Reporting Requirements'', 
Sections 165:25-1-41, and 165:25-1-42; Part 13, ``Fees'', Section 
165:25-1-64; Chapter 29, ``Corrective Actio of Petroleum Storage Tank 
Releases'', Part 7, ``Licensing of Environmental Consultants'', Section 
26-3-90.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Oklahoma on June 21, 1990 and November 
14, 2016, though not incorporated by reference, are referenced as part 
of the approved underground storage tank program under Subtitle I of 
RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on June 25, 1989 and as part of the 
program revision application for approval on January 25, 2017 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on June 25, 1989 
and as part of the program revision application on January 25, 2017, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Oklahoma Corporation Commission, signed by the EPA 
Regional Administrator on September 19, 2017 though not incorporated by 
reference, is referenced as

[[Page 669]]

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

[83 FR 990, Jan. 9, 2018, as amended at 84 FR 44232, Aug. 23, 2019]



Sec. 282.87  Oregon State-Administered Program.

    (a) The State of Oregon is approved to administer and enforce an 
underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Oregon Department of Environmental Quality (DEQ), was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA 
published the notice of final determination approving the Oregon 
underground storage tank base program effective on September 16, 2011. A 
subsequent program revision application was approved by the EPA and 
became effective on September 24, 2019.
    (b) Oregon has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, the EPA retains the authority to exercise its corrective 
action, inspection, and enforcement authorities under Sections 9003(h), 
9005, and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 
6991e, as well as under any other applicable statutory and regulatory 
provisions.
    (c) To retain program approval, Oregon must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oregon obtains approval 
for the revised requirements pursuant to Section 9004 of RCRA, 42 U.S.C. 
6991c, then the newly approved statutory and regulatory provisions will 
be added to this subpart and notification of any change will be 
published in the Federal Register.
    (d) Oregon has final approval for the following elements of its 
program application originally submitted to the EPA and approved 
effective September 16, 2011, and the program revision application 
approved by the EPA, effective on September 24, 2019:
    (1) State statutes and regulations. (i) The materials cited in this 
paragraph (d)(1) are incorporated by reference as part of the 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq., with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the EPA must publish a document in 
the Federal Register and the material must be available to the public. 
All approved material is available for inspection at EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101, phone number (206) 553-6693. 
Copies of Oregon's program application may be obtained from the 
Underground Storage Tank Program, Oregon Department of Environmental 
Quality, 811 SW Sixth Avenue, Portland, Oregon, 97204. All approved 
material is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
the material at NARA, call 202-741-6030 or go to www.archives.gov/
federal-register/cfr/ ibr-locations.html.
    (A) Oregon Statutory Requirements Applicable to the Underground 
Storage Tank Program, June 2018.
    (B) Oregon Regulatory Requirements Applicable to the Underground 
Storage Tank Program, June 2018.
    (ii) The EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by reference.
    (A) The statutory provisions include:
    (1) Oregon Revised Statutes, Chapter 183, Administrative Procedures 
Act, 2017, insofar as the provisions and procedures apply to the 
underground storage tank program.
    (2) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal 
or Remedial Action: Sections 465.200-465.482 and 465.900), insofar as 
these provisions apply to matters involving an ``underground storage 
tank'' as that term is defined in ORS 466.706(21), as limited by the 
exclusions listed in ORS 466.710, except that the term does not include 
a tank used for storing heating oil for consumptive use on the premises 
where stored. The following Sections are part

[[Page 670]]

of the approved State program, although not incorporated by reference 
herein for enforcement purposes: Sections 465.205 through 465.250, 
465.257 through 465.300, 465.310 through 465.335, 465.400 through 
465.435, 465.445 through 465.455 and 465.900.
    (3) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks: Sections 466.706-466.920 and Sections 466.990-466.995), 
insofar as these provisions apply to matters involving an ``underground 
storage tank'' as that term is defined in ORS 466.706(21), as limited by 
the exclusions listed in ORS 466.710, except that the term does not 
include a tank used for storing heating oil for consumptive use on the 
premises where stored. The following Sections are part of the approved 
State program, although not incorporated by reference herein for 
enforcement purposes: Sections 466.715 through 466.735, 466.746, 
466.760, 466.775 through 466.780, 466.791 through 466.810, 466.820, 
466.830 through 466.845, 466.901 through 466.920 and 466.994 through 
466.995.
    (4) Chapter 468 Environmental Quality Generally, insofar as these 
provisions apply to matters involving an ``underground storage tank'' as 
that term is defined in ORS 466.706(21), as limited by the exclusions 
listed in ORS 466.710, except that the term does not include a tank used 
for storing heating oil for consumptive use on the premises where 
stored. The following Sections are part of the approved State program, 
although not incorporated by reference herein for enforcement purposes: 
Sections 468.005 through 468.050, 468.090 through 468.140 and 468.963.
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 11: Section 
340-11-0545.
    (2) Oregon Administrative Rules, Chapter 340, Division 12: Sections 
340-012-0026 through 340-012-0053, 340-012-0067 (with the exception of 
subparagraphs (1)(k) and (l) and (2)(g) through (j)), 340-012-0074 (with 
the exception of subparagraph (1)(g)) and 340-012-0170 insofar as this 
applies to violations involving an underground storage tank.
    (3) Oregon Administrative Rules, Chapter 340, Division 122: Sections 
340-122-0074 through 340-122-0079 and 340-122-0130 through 340-122-0140.
    (4) Oregon Administrative Rules, Chapter 340, Division 142: Section 
340-142-0120.
    (5) Oregon Administrative Rules, Chapter 340, Division 150: Sections 
340-150-0150 through 340-150-0152, 340-150-0250, 340-150-0600 through 
340-150-0620.
    (6) Oregon Code of Civil Procedure 33C.
    (7) Oregon Administrative Rules, Chapter 690, Division 240, insofar 
as these provisions apply to matters involving an ``underground storage 
tank'' as that term is defined in ORS 466.706(21), as limited by the 
exclusions listed in ORS 466.710, except that the term does not include 
a tank used for storing heating oil for consumptive use on the premises 
where stored. The following Sections are part of the approved State 
program, although not incorporated by reference herein for enforcement 
purposes: Sections 690-240-0015, 690-240-0020, 690-240-0055 through 690-
240-0340 and 690-240-0560 through 690-240-0640.
    (iii) The following specifically identified sections and rules 
applicable to the Oregon underground storage tank program that are 
broader in scope than the Federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes:
    (A) The statutory provisions include:
    (1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal 
or Remedial Action): Sections 465.305; 465.340 through 465.391; 465.440; 
and 465.475 through 465.482.
    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks): Sections 466.750; 466.783 through 466.787; 466.858 
through 466.882; and 466.990 through 466.992).
    (3) Chapter 468, Environmental Quality Generally: Sections 468.055 
through 468.089.
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340: Divisions 160, 162, 
163, 170, 177 and 178.
    (2) Oregon Administrative Rules, Chapter 837, Division 40.
    (2) Statement of legal authority. The Attorney General Statement, a 
letter

[[Page 671]]

signed on October 12, 2018, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the application for approval on October 19, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on October 19, 
2018, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and the Oregon Department of Environmental Quality, signed by 
the EPA Regional Administrator on March 19, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[84 FR 36005, July 26, 2019]



Sec. 282.88  Pennsylvania State-Administered Program.

    (a) The Commonwealth of Pennsylvania's underground storage tank 
program is approved in lieu of the Federal program in accordance with 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Pennsylvania Department of Environmental Protection, was approved 
by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA 
approved the Pennsylvania underground storage tank program on September 
11, 2003, and approval was effective on September 11, 2003.
    (b) The Commonwealth has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities in accordance with 
sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, 
regardless of whether the State has taken its own actions, as well as in 
accordance with other statutory and regulatory provisions.
    (c) To retain program approval, the Commonwealth must revise its 
approved program to adopt new changes to the Federal Subtitle I program 
that make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If the Commonwealth 
obtains approval for the revised requirements pursuant to section 9004 
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory 
provisions will be added to this subpart and notice of any change will 
be published in the Federal Register.
    (d) The Commonwealth has final approval for the following elements 
submitted to EPA in the State's program application for final approval. 
On September 11, 2003, EPA published a rule approving the State's 
program in the Federal Register, 66 FR 53520. That approval became 
effective on September 11, 2003. Copies of the Commonwealth's program 
application may be obtained from the Pennsylvania Department of 
Environmental Protection, Bureau of Land Recycling and Waste Management, 
Storage Tank Program, Rachel Carson State Office Building, Harrisburg, 
PA 17105-8762.
    (1) State statutes and regulations. (i) The provisions cited in 
paragraph (d)(1)(i) of this section are incorporated by reference as 
part of the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Pennsylvania Statutory Requirements Applicable to the 
Underground Storage Tank Program, 2002.
    (B) Pennsylvania Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 2002.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by reference.
    (A) The statutory provisions include:
    (1) Storage Tank and Spill Prevention Act of 1989, Public Law 169, 
No. 32

35 PS Section 6021.107 Powers and duties of department (insofar as 
paragraphs (b), (c),

[[Page 672]]

(e), and (f) grant the department enforcement authorities)
35 PS Section 6021 Ch. 13 Enforcement

    (2) Title 35. Health and Safety; Chapter 44. Environmental Hearing 
Board Act

35 P.S. Section 7514 Jurisdiction

    (3) Title 71. Article IV. Organization of Departmental 
Administrative Boards and Commissions and of Advisory Boards and 
Commissions

71 P.S. Section 180-1 Environmental Quality Board

    (4) Title 71. Article XIX-A. Powers and Duties of the Department of 
Environmental Resources, its Officers and Departmental and Advisory 
Boards and Commissions

71 P.S. Section 510-17 Abatement of nuisances
71 P.S. Section 510-20 Environmental Quality Board

    (B) The regulatory provisions include:
    (1) Pennsylvania Code, Chapter 245, Administration of the Storage 
Tank and Spill Prevention Programs

Section 245.303 General

    (2) Pennsylvania Rules of Civil Procedure

Pa R.C.P. Rule 2326 Definitions
Pa R.C.P. Rule 2327 Who May Intervene
Pa R.C.P. Rule 2328 Petition to Intervene
Pa R.C.P. Rule 2329 Action of Court on Petition
Pa R.C.P. Rule 2330 Practice

    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved program, 
and are not incorporated by reference. These provisions are not 
federally enforceable.
    (A) The statutory provisions include:

    Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 
32
35 PS Section 6021.103 Definitions (insofar as the section addresses 
aboveground storage tanks; encompasses a broader range of regulated 
substances; and insofar as certain classes of tanks excluded or deferred 
under the federal definition of ``underground storage tank'' are not 
excluded or deferred under the state definition)
35 PS Section 6021.106 Powers and duties of Environmental Quality Board 
(insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (insofar as 
paragraph (d) establishes the Department's duties regarding a 
certification program)
35 PS Section 6021.108 Interim certification of installers and 
inspectors (insofar as the section establishes a certification program 
for installers and inspectors)
35 PS Section 6021 Ch 3 Aboveground storage tanks (insofar as the 
Chapter regulates aboveground storage tanks)
35 PS Section 6021.501 Underground storage tank requirements (insofar as 
subparagraph (a)(1) requires payment of registration fees; subparagraph 
(a)(8) sets forth permitting requirements; subparagraph (a)(12) 
addresses permitting; subparagraph (a)(15) regulates handlers of 
regulated substances; and paragraph (c) establishes a certified 
installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use 
(insofar as paragraph (a) establishes interim registration fees; and 
subparagraph (b)(5) requires tanks to be installed by a certified 
installer)
35 PS Section 6021.503 Registration (insofar as paragraph (a) requires 
payment of registration fees; paragraph (b) regulates selling, 
distributing, depositing, or filling unregistered underground storage 
tanks; and paragraph (c) establishes uses for registration fees)
35 PS Section 6021.504 Permits and plans
35 PS Section 6021.506 Small operator assistance program for underground 
storage tanks
35 PS Section 6021.507 Reimbursement for testing
35 PS Section 6021.702 Storage Tank Fund (insofar as paragraph (a) 
addresses aboveground storage tanks)
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund 
(insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank 
Indemnification Board (insofar as paragraphs (d) and (e) address payment 
of fees)
35 PS Section 6021 Ch 9 Spill Prevention Response Plan
35 PS Section 6021 Ch 11 Siting of New Aboveground Storage Tank Facility 
and Regulations
35 PS Section 6021.2101 Start-up costs (insofar as it addresses 
aboveground storage tanks)

    (B) The regulatory provisions include:

    Pennsylvania Code, Chapter 245, Administration of the Storage Tank 
and Spill Prevention Programs

Section 245.1 Definitions (insofar as the section addresses aboveground 
storage tanks; insofar as it encompasses a broader range of regulated 
substances; and insofar as it includes individuals that are not 
regulated

[[Page 673]]

under the federal program under its definition of ``responsible party'')
Section 245.21 Tank handling and inspection requirements (insofar as the 
section imposes requirements on tank installers and addresses 
requirements for aboveground tanks)
Section 245.31 Underground storage tank tightness testing requirements 
(insofar as paragraph (a) requires Department certification for 
underground tightness testing installers)
Ch 245, Subch. B Certification Program for Installers and Inspectors of 
Storage Tanks and Storage Tank Facilities (insofar as the Subchapter 
establishes a certification program)
Ch 245, Subch. C Permitting of Underground and Aboveground Storage Tank 
Systems and Facilities (insofar as the Subchapter establishes a 
permitting program)
Section 245.305 Reporting releases (insofar as paragraph (h) addresses 
aboveground storage tanks)
Section 245.306 Interim remedial actions (insofar as subparagraph (b)(3) 
requires permits for treatment and disposal activities; and paragraph 
(d) regulates parties removing contaminated materials)
Section 245.411 Inspection frequency (insofar as the section addresses 
inspections by certified inspectors)
Section 245.424 Standards for new field constructed tank systems 
(insofar as the section sets forth requirements that exceed the federal 
requirements)
Section 245.425 Reuse of removed tanks (insofar as subparagraph (1) 
requires installation by a certified installer)
Section 245.434 Repairs allowed (insofar as subparagraph (1) requires 
repairs to be performed by a certified installer)
Section 245.441 General requirements for underground storage tank 
systems (insofar as subparagraph (a)(3)(i) requires third-party 
verification; and subparagraph (a)(3)(ii) requires manufacturers to 
reevaluate methods within 24 months of EPA changes)
Ch 245, Subch. F Technical standards for Aboveground Storage Tanks and 
Facilities (insofar as the Subchapter addresses aboveground storage 
tanks)
Ch 245, Subch. G Simplified Program for Small Aboveground Storage Tanks 
(insofar as the Subchapter addresses aboveground storage tanks)

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement,'' signed by the State Attorney General on October 1, 2002, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Pennsylvania to EPA, 
October 1, 2002, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on November 25, 2002, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on November 25, 
2002, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 3 and the Pennsylvania Department of Environmental Protection, 
signed by the EPA Regional Administrator on August 22, 2003, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

[71 FR 13770, Mar. 17, 2006]



Sec. 282.89  Rhode Island State-Administered Program.

    (a) The State of Rhode Island is approved to administer and enforce 
an underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Rhode Island Department of Environmental Management (RI DEM), was 
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA 
approved the Rhode Island program on February 3, 1993, which was 
effective on March 5, 1993.
    (b) Rhode Island has primary responsibility for administering and 
enforcing its federally approved underground

[[Page 674]]

storage tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any 
other applicable statutory and regulatory provisions.
    (c) To retain program approval, Rhode Island must revise its 
approved program to adopt new changes to the Federal Subtitle I program 
which makes it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Rhode Island obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notification of any change will be 
published in the Federal Register.
    (d) Rhode Island has final approval for the following elements of 
its program application originally submitted to EPA and approved 
effective March 5, 1993, and the program revision application approved 
by EPA, effective on February 9, 2021.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph (d)(1)(i), and listed in appendix A 
to this part, is incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
(See Sec. 282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Rhode Island regulations and 
statutes that are incorporated by reference in this paragraph (d)(1)(i) 
from Kevin Gillen, Rhode Island DEM, 235 Promenade Street, Providence, 
RI 02908-5767; Phone number: 401-222-2797; kevin.gillen @dem.ri.gov, 
Hours: Monday-Friday, 7:00 a.m. to 3:30 p.m.; link to statutes and 
regulations: State of Rhode Island General Laws: https://webserver.rilin 
.state.ri.us/ Statutes/; http://www.dem.ri.gov/ programs/ 
wastemanagement/ ust/. You may inspect all approved material at the EPA 
Region 1 Office, 5 Post Office Square, 1st floor, Boston, MA 02109-3912; 
Phone Number: (617) 918-1313; or the National Archives and Records 
Administration (NARA), Email: [email protected], website: https://
www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) ``EPA-Approved Rhode Island Statutory and Regulatory 
Requirements Applicable to the Underground Storage Tank Program, May 
2020.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Rhode Island General Laws, Title 38: Public Records; Chapter 38-
1, Custody and Protection of Public Records; Chapter 38-2, Access to 
Public Records; and 38-3, Administration of Public Records.
    (2) Rhode Island General Laws, Title 42--Affairs and Government; 
Chapter 42-17.1-2(20), Department of Environmental Management, Powers 
and Duties to Enter, Examine or Survey for Criminal Investigations; 
Chapter 42-17.6, Administrative Penalties for Environmental Violations.
    (3) Rhode Island General Laws, Title 46--Waters and Navigation; 
Chapter 46-12--Water Pollution, Section 12-3, Powers and Duties of the 
Director, except (21); Section 12-9, Notices of Violation and Compliance 
Orders; 12-10, Emergency Powers; 12-13, Civil Penalties; 12-14, Criminal 
Penalties; 12-15, Inspection Powers--Rules and Regulations; and Section 
12-22. Access of Enforcement Officers to Premises.
    (B) The regulatory provisions include:
    (1) Title 250--Department of Environmental Management, Chapter 140--
Waste and Materials Management, Subchapter 25--Oil and Underground 
Tanks, Part 1--Rhode Island Rules and Regulations for Underground 
Storage Facilities Used for Regulated Substances and Hazardous 
Materials, adopted as 250-RICR-140-25-1, Section: 1.10(T) Delivery 
Prohibition; 1.16(F) Suspension or Revocation of License; 1.16(G) 
Procedure for Suspension and Revocation; 1.16(H) Requests for Hearings; 
1.21 Appeals; 1.22 Penalties.
    (2) Title 250--Department of Environmental Management, Chapter 20--
Legal

[[Page 675]]

Services, Subchapter 00--N/A, Part 1--Administrative Rules of Practice 
and Procedure for the Department of Environmental Management 20-00-1, 
adopted as 250-RICR-20-00-1.
    (3) Title 250--Department of Environmental Management, Chapter 130--
Compliance and Inspection, Subchapter 00--N/A, Part 1--Rules and 
Regulations for Assessment of Penalties, adopted as 250-RICR-130-00-1.
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Rhode Island's UST program are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference in this section for enforcement purposes:
    (A) Rhode Island Rules and Regulations for Underground Storage 
Facilities Used for Regulated Substances and Hazardous Materials, 250-
RICR-140-25-1, Section: 1.4(E) Partial regulation of residential tanks 
storing heating oil at one, two, or three-unit dwellings and farm tanks 
storing heating oil for non-commercial purposes; 1.4(G) Partial 
regulation of holding tanks; 1.7(A) Registration applies to all farm and 
residential tanks containing heating or fuel oils consumed on-site and 
containing motor fuels for on-site use; 1.9 The Rhode Island UST 
Financial Responsibility Fund; 1.10 Minimum UST Operation and 
Maintenance Requirements, (C), (D), (F)(4) and (J); 1.11 New and 
Replacement UST System Requirements, (B)(1-3) and (5), (C)(1), (J)(1), 
and (L)(2); 1.12 Facility Modifications or Repairs, (A); 1.15 Closure, 
(D)(5); 1.16 Approval of Tank and/or Line Tightness Tests, Leak 
Detection Methods and Licensing Requirements, (B), (D), and (E); 1.19 
Holding Tanks; 1.20 Variances.
    (B) [Reserved]
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Rhode Island on July 1, 1992, and 
January 23, 2020, though not incorporated by reference, are referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on July 2, 1992, and as part of the 
program revision application for approval on February 4, 2020, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on July 2, 1992, 
and as part of the program revision application on February 4, 2020, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the Rhode Island Department of Environmental Services, 
signed by the EPA Regional Administrator on February 12, 2019, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[85 FR 79878, Dec. 11, 2020]



Sec. 282.90  South Carolina State-Administered Program.

    (a) History of the approval of South Carolina's program. The State 
of South Carolina (South Carolina or State) is approved to administer 
and enforce an underground storage tank (UST) program in lieu of the 
Federal program under subtitle I of the Resource Conservation and 
Recovery Act of 1976 (RCRA or Act), as amended, 42 U.S.C. 6991 et seq. 
The State's Underground Storage Tank Program (UST Program), as 
administered by the South Carolina Department of Health and 
Environmental Control (DHEC), was approved by EPA pursuant to 42 U.S.C. 
6991c and part 281 of this chapter. EPA approved the South Carolina UST 
Program on August 28, 2002 and it was effective on September 27, 2002. A 
subsequent program revision was approved by EPA and became effective May 
24, 2021.
    (b) Enforcement authority. South Carolina has primary responsibility 
for administering and enforcing its federally approved UST Program. 
However, EPA

[[Page 676]]

retains the authority to exercise its corrective action, inspection, and 
enforcement authorities under sections 9003(h), 9005, and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as 
under any other applicable statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, South 
Carolina must revise its approved UST Program to adopt new changes to 
the Federal subtitle I program which make it more stringent, in 
accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 
281, subpart E. If South Carolina obtains approval for revised 
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the 
newly approved statutory and regulatory provisions will be added to this 
subpart and notice of any change will be published in the Federal 
Register.
    (d) Final approval. South Carolina has final approval for the 
following elements of its UST Program submitted to EPA and approved 
effective September 27, 2002, and the program revisions approved by EPA 
effective on May 24, 2021:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The South Carolina materials cited in this paragraph (d)(1)(i), and 
listed in appendix A to this part, are incorporated by reference as part 
of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The 
Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
access copies of the South Carolina statutes and regulations that are 
incorporated by reference in this paragraph (d)(1)(i) from the South 
Carolina State Register, 223 Blatt Building, 1105 Pendleton Street, 
Columbia, South Carolina 29201; Phone number: (803) 212-4500; website: 
https://www.scstatehouse.gov/. You may inspect all approved material at 
EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone 
number: (404) 562-9900; or the National Archives and Records 
Administration (NARA), email: [email protected], website: https://
www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) ``South Carolina Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' dated September 9, 2020.
    (B) ``South Carolina Regulatory Requirements Applicable to the 
Underground Storage Tank Program,'' dated September 9, 2020.
    (ii) Legal basis. EPA considered the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the UST Program, but they are not being incorporated by reference and 
do not replace Federal authorities:
    (A) State Underground Petroleum Environmental Response Bank Act 
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010). 
(1) Section 44-2-50(A) and (C) Regulations to be promulgated. Insofar as 
it provides for the promulgation of regulations for the implementation, 
compliance monitoring, and enforcement of the UST Program.
    (2) Section 44-2-70(B) Financial responsibility of underground 
storage tank owners and operators. As to the first sentence, insofar as 
it provides for the promulgation of regulations specifying financial 
responsibility requirements and for taking corrective action and 
compensating third parties for bodily injury and property damage caused 
by accidental releases arising from operating an underground storage 
tank.
    (3) Section 44-2-140 Enforcement of chapter or department order, 
penalties for violations. Insofar as it provides for compliance 
monitoring and enforcement of the underground storage tank requirements.
    (B) South Carolina Underground Storage Tank Control Regulations, R. 
61-92 (2017). (1) Section 280.26, Delivery Prohibitions. Insofar as it 
identifies specific authorities for enforcement response and delivery 
prohibition requirements.
    (2) Section 280.67, Public Participation. Insofar as it identifies 
specific authorities for enabling public participation in the corrective 
action process.
    (3) Section 280.301, Violations and Penalties. Insofar as it 
provides for notice to violators, assessment of penalties, criminal 
prosecution, and appeals under the SUPERB Act.
    (4) Section 280.302, Appeals. Insofar as it provides for appeal of 
any determination by DHEC under the provisions of S.C. Code Ann. Regs. 
61-72, Procedures

[[Page 677]]

for Contested Cases, and the State Administrative Procedures Act.
    (C) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-98. 
Insofar as it contains requirements for site rehabilitation for releases 
from underground storage tanks, access to the SUPERB Account, and 
certification of site rehabilitation contractors.
    (D) South Carolina Rules of Civil Procedure, Rule 24(a)(2), 
Intervention. Insofar as it provides for public participation in the 
State enforcement process.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the South Carolina UST 
Program are broader in scope than the Federal program or external to the 
state UST program approval requirements. Therefore, these provisions are 
not part of the approved UST Program and are not incorporated by 
reference herein:
    (A) State Underground Petroleum Environmental Response Bank Act 
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).
    (1) Section 44-2-40, insofar as it provides for the creation of a 
SUPERB Account and SUPERB Financial Responsibility Fund (collectively, 
``State funds''), and establishes criteria for accessing the funds.
    (2) Section 44-2-50(B), is external insofar as it contains 
obligations on the State agency, not a regulated entity.
    (3) Section 44-2-60, insofar as it requires registration, beyond the 
Federal notification requirements, and the payment of registration fees 
for underground storage tanks.
    (4) Section 44-2-75, insofar as it provides for a means of 
establishing insurance pools to demonstrate financial responsibility.
    (5) Section 44-2-90, insofar as it refers to interest collected on 
State funds and the sunset date of the environmental impact fee.
    (6) Section 44-2-110, insofar as it establishes criteria for 
qualified expenditure of funds from the SUPERB Account.
    (7) Section 44-2-115, insofar as it regulates eligibility for the 
SUPERB Account.
    (8) Section 44-2-120, insofar as it establishes requirements for 
site rehabilitation contractors.
    (9) Section 44-2-130, insofar as it establishes criteria for 
compensation from the SUPERB Account.
    (10) Section 44-2-150, insofar as it establishes provisions for the 
creation and operations of a SUPERB Advisory Committee.
    (B) South Carolina Underground Storage Tank Control Regulations, 
R.61-92 (2017). (1) Section 280.10(d), insofar as it requires UST 
systems to be permitted or registered with DHEC.
    (2) Section 280.20, as to the text ``obtain permits in accordance 
with section 280.23 and'' in the introductory paragraph, and the text 
``on the Permit to Operate application form in accordance with Section 
280.23'' in (f), insofar as they require UST systems to be permitted by 
DHEC.
    (3) Sections 280.22(h) and (i), insofar as they require UST systems 
to be registered with DHEC.
    (4) Section 280.23, insofar as it requires UST systems to be 
permitted by DHEC.
    (5) Sections 280.101(b) through (e), insofar as they establish 
regulations for the administration of the State funds.
    (6) Section 280.240(b), is external insofar as it contains 
obligations on the State agency, not a regulated entity.
    (7) Section 280.300, insofar as it gives DHEC broad authority to 
grant variances that may be beyond the scope of that allowed by the 
Memorandum of Agreement between DHEC and EPA.
    (2) Statement of legal authority. The Attorney General's Statement 
and Statement of Independent Legal Counsel, signed by DHEC's General 
Counsel in lieu of the Attorney General on March 27, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted on April 
16, 2019, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted on April 16, 2019, though not

[[Page 678]]

incorporated by reference, are referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and the South Carolina DHEC, signed by the EPA Regional 
Administrator on October 12, 2018, though not incorporated by reference, 
is referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[86 FR 15600, Mar. 24, 2021]



Sec. 282.91  South Dakota State-Administered Program.

    (a) The State of South Dakota is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the South Dakota Department of Environment and Natural Resources, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
chapter. EPA approved the South Dakota program on March 16, 1995 and it 
was effective on May 15, 1995.
    (b) South Dakota has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, South Dakota must revise its 
approved program to adopt new changes to the federal subtitle I program 
which make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If South Dakota obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) South Dakota has final approval for the following elements 
submitted to EPA in South Dakota's program application for final 
approval and approved by EPA on [insert date of publication]. Copies may 
be obtained from the Underground Storage Tank Program, South Dakota 
Department of Environment and Natural Resources, 523 East Capitol, 
Pierre, South Dakota 57501.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) South Dakota Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (B) South Dakota Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (ii) The following statutes are part of the approved state program, 
although not incorporated by reference herein for enforcement purposes.
    (A) The statutory provisions include: South Dakota Codified Law, 
Water Pollution Control, Chapter 34A-2, Sections 46 and 48, Sections 72 
through 75, Chapters 34A-10 and 34A-12.
    (iii) The following statutory provisions are broader in scope than 
the federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes.
    (A) South Dakota statutes Annotated, Chapter 34A-2, Section 100, 
insofar as it applies to above ground stationary storage tanks, Section 
102, insofar as it applies to installation of above ground stationary 
storage tanks, Section 101, insofar as it applies to corrective action 
for above ground stationary storage tanks.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of South Dakota on 
June 17, 1992, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of South Dakota to EPA, June 
17, 1992, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

[[Page 679]]

    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the complete application in October 1993, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in June 1992, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region VIII and the South Dakota Department of Environment and Natural 
Resources, signed by the EPA Regional Administrator on February 23, 
1995, though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.

[60 FR 14336, Mar. 16, 1995]



Sec. 282.92  Tennessee State-Administered Program.

    (a) History of the approval of Tennessee's program. The State of 
Tennessee (Tennessee or State) is approved to administer and enforce a 
petroleum underground storage tank (UST) program in lieu of the Federal 
program under subtitle I of the Resource Conservation and Recovery Act 
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Petroleum 
Underground Storage Tank Program (Petroleum UST Program), as 
administered by the Tennessee Department of Environment and Conservation 
(TDEC), was approved by the EPA pursuant to 42 U.S.C. 6991c and part 281 
of this chapter. The EPA approved the Tennessee Petroleum UST Program on 
November 17, 1998, and it was effective on January 15, 1999. A 
subsequent program revision was approved by the EPA and became effective 
November 8, 2021.
    (b) Enforcement authority. Tennessee has primary responsibility for 
administering and enforcing its federally approved Petroleum UST 
Program. However, the EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d, and 6991e, as well as under any other applicable 
statutory and regulatory provisions. The EPA also retains all authority 
to operate the hazardous substance underground storage tank program.
    (c) Retention of program approval. To retain program approval, 
Tennessee must revise its approved Petroleum UST Program to adopt new 
changes to the Federal subtitle I program which make it more stringent, 
in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR 
part 281, subpart E. If Tennessee obtains approval for revised 
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the 
newly approved statutory and regulatory provisions will be added to this 
subpart and notice of any change will be published in the Federal 
Register.
    (d) Final approval. Tennessee has final approval for the following 
elements of its Petroleum UST Program submitted to the EPA and approved 
effective January 15, 1999, and the program revisions approved by the 
EPA effective on November 8, 2021.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Tennessee materials cited in this paragraph (d)(1)(i) and listed in 
appendix A to this part, are incorporated by reference as part of the 
Petroleum UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
access copies of the Tennessee statutes and regulations that are 
incorporated by reference in this paragraph (d)(1)(i) from the Tennessee 
Department of Environment and Conservation, Division of Underground 
Storage Tanks, William R. Snodgrass Tennessee Tower, 12th Floor, 312 
Rosa L. Parks Ave., Nashville, TN 37243; Phone number: (615) 532-0730; 
website: https://www.tn.gov/ environment/ program-areas/ ust-
underground-storage-tanks/ ust/act-rules-and-policies.html. You may 
inspect all approved material at the EPA

[[Page 680]]

Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number: 
(404) 562-9900; or the National Archives and Records Administration 
(NARA), email: [email protected]; website: https://www.archives.gov/ 
federal-register/cfr/ ibr-locations.html.
    (A) ``Tennessee Statutory Requirements Applicable to the Petroleum 
Underground Storage Tank Program,'' dated May 11, 2021.
    (B) ``Tennessee Regulatory Requirements Applicable to the Petroleum 
Underground Storage Tank Program,'' dated May 11, 2021.
    (ii) Legal basis. The EPA considered the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the Petroleum UST Program, but these provisions do not replace 
Federal authorities. Further, these provisions are not being 
incorporated by reference, unless the provisions place requirements on 
regulated entities.
    (A) Tennessee Petroleum Underground Storage Tank Act (the UST Act) 
of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018). (1) 
Section 68-215-106(c), (e), and (f), insofar as these provisions provide 
for delivery prohibition and enforcement of the Petroleum UST Program.
    (2) Section 68-215-106(d), insofar as it provides for criminal 
prosecution under the UST Act.
    (3) Section 68-215-107(a), insofar as it establishes authority over 
the placement and storage of petroleum substances in underground storage 
tanks, release prevention, release detection, release correction, 
closure, and post-closure care of petroleum underground storage tanks in 
Tennessee.
    (4) Section 68-215-107(b), insofar as it provides for the issuance 
of orders to enforce the Petroleum UST Program.
    (5) Section 68-215-107(c) and (d), insofar as these provisions 
identify specific authorities for release response and corrective 
actions, including in response to an imminent and substantial danger.
    (6) Section 68-215-107(e), insofar as it identifies specific 
authorities for compliance monitoring and enforcement.
    (7) Section 68-215-107(f), insofar as it provides for the 
promulgation of regulations for the implementation of the Petroleum UST 
Program.
    (8) Section 68-215-107(g)(1), insofar as it provides evaluation 
considerations for the State's approval of a cleanup plan.
    (9) Section 68-215-108, insofar as it provides for the protection of 
``proprietary'' information and sharing of information in the files 
obtained or used in the administration of the Petroleum UST Program with 
the EPA.
    (10) Section 68-215-114, insofar as it provides for the issuance and 
enforcement of correction orders; and establishes liability costs for 
responsible parties.
    (11) Section 68-215-116, insofar as it provides for an assessment of 
penalties under the UST Act.
    (12) Section 68-215-117, insofar as it provides for immunity from 
liability under the UST Act in certain circumstances.
    (13) Section 68-215-118, insofar as it identifies authorities for 
enforcement response, specifically authority over governmental entities, 
under the UST Act.
    (14) Section 68-215-119, insofar as it identifies authorities for 
enforcement response and provides for review of orders and appeal of any 
determination by the Tennessee Department of Environment and 
Conservation (TDEC) under the UST Act.
    (15) Section 68-215-120, insofar as it provides for criminal 
prosecution under the UST Act.
    (16) Section 68-215-121, insofar as it identifies authorities for 
enforcement response and public participation, provides for assessment 
of civil penalties and damages, and establishes third-party intervention 
under the UST Act.
    (17) Section 68-215-122, insofar as it identifies authorities for 
enforcement response and provides for injunctions as a legal remedy 
under the UST Act.
    (18) Section 68-215-123, insofar as it identifies specific 
authorities for compliance monitoring and public participation and 
provides for any person to submit a complaint against any person for 
violating the UST Act.
    (19) Section 68-215-126, insofar as it establishes authority in 
relation to local laws or regulations.

[[Page 681]]

    (20) Section 68-215-127, insofar as it establishes authority over 
releases of petroleum from underground storage tanks and creates the 
soil and groundwater classification and cleanup criteria.
    (B) Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R. 
& Regs. 0400-18-01-.01 to .17 (2018). (1) 0400-18-01-.01(5)(e), insofar 
as it provides for the State's sharing of information with the EPA.
    (2) 0400-18-01-.03(2), insofar as it identifies specific authorities 
for compliance monitoring and provides for reporting and maintenance of 
records.
    (3) 0400-18-01-.06(11), insofar as it provides for public 
participation in the corrective action process.
    (4) 0400-18-01-.08(20) and (21), insofar as these provisions provide 
procedures governing the forfeiture of financial assurance and release 
of financial assurance mechanism documents.
    (5) 0400-18-01-.09(17), insofar as it provides for assessment of 
civil penalties for failure to comply with orders issued under the UST 
Act.
    (6) 0400-18-01-.11, insofar as it provides for appeal of any 
determination by TDEC under the provisions of Tennessee's Underground 
Storage Tank Regulations, procedures for contested cases, and the State 
Administrative Procedures Act.
    (7) 0400-18-01-.15, insofar as it identifies specific authorities 
for enforcement response and delivery prohibition requirements.
    (C) Tennessee's Uniform Administrative Procedures Act, Part 3--
Contested Cases, Tenn. Code Ann. sections 4-5-301 to 4-5-325 (2018). (1) 
Section 4-5-308(a) through (c), insofar as these provisions identify 
authorities for public participation and provide for the filing of 
pleadings, briefs, motions, and other documents.
    (2) Section 4-5-310, insofar as it identifies authorities for public 
participation and provides for intervention in contested case 
proceedings.
    (3) Section 4-5-313, insofar as it identifies authorities for 
enforcement response and provides procedures for contested cases.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the Tennessee 
Petroleum UST Program are broader in scope than the Federal program or 
external to the State UST program approval requirements. Therefore, 
these provisions are not part of the approved Petroleum UST Program and 
are not incorporated by reference in this section:
    (A) Tennessee Petroleum Underground Storage Tank Act (the UST Act) 
of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018). (1) 
Section 68-215-102 is external insofar as it contains the State's public 
policy for regulating underground storage tanks.
    (2) Section 68-215-103(17)(A)(iii) and (iv), as to the definition of 
``Responsible party,'' insofar as these provisions include entities 
other than owners and operators, as these terms are defined in 40 CFR 
280.12.
    (3) Section 68-215-104(3), insofar as it refers to the payment of 
fees associated with the Petroleum UST Program.
    (4) Section 68-215-104(4), insofar as it refers to reimbursement 
from Tennessee's Petroleum Underground Storage Tank Fund (State Fund).
    (5) Section 68-215-106(a)(6), insofar as it places notification 
requirements on persons other than owners and operators, as these terms 
are defined in 40 CFR 280.12.
    (6) Section 68-215-106(b)(1) and (2) are external insofar as these 
provisions contain obligations on the State agency, not a regulated 
entity.
    (7) Section 68-215-109, insofar as it establishes annual tank fees 
and provides for promulgation of regulations regarding these fees.
    (8) Section 68-215-110(b) through (h), insofar as these provisions 
provide for the creation of the State Fund and environmental assurance 
fee.
    (9) Section 68-215-111, insofar as it provides criteria for the 
qualified expenditure of funds, requirements for fund eligibility, and 
promulgation of regulations regarding the State Fund.
    (10) Section 68-215-115, insofar as it provides the procedures for 
the State to recover its costs for investigation, identification, 
containment, or cleanup of a particular site.
    (11) Section 68-215-125, insofar as it prohibits the State Fund from 
being considered an insurance company or a member of the Tennessee 
Insurance Guaranty Association.

[[Page 682]]

    (12) Section 68-215-129, insofar as it provides criteria for cleanup 
contracts and reimbursement from the State Fund.
    (B) Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R. 
& Regs. 0400-18-01-.01 to .17 (2018). (1) 0400-18-01-.01(4)1.(iii) and 
(iv), as to the definition for ``Responsible party,'' insofar as these 
provisions include entities other than owners and operators, as these 
terms are defined in 40 CFR 280.12.
    (2) 0400-18-01-.01(5)(a) through (d) are external insofar as these 
provisions contain obligations on the State agency with respect to 
proprietary information, not a regulated entity.
    (3) 0400-18-01-.02(1)(a)2., insofar as it requires owners to submit 
annual tank fees as part of the notification requirement.
    (4) 0400-18-01-.02(4)(c)6.(ii)(II)IV., insofar as it refers to tank 
fees and late penalties.
    (5) 0400-18-01-.04(1)(e), insofar as it requires inspection of 
dispensers.
    (6) 0400-18-01-.05(1)(b) and (c), insofar as these provisions 
contain requirements for coverage and reimbursement from the State Fund.
    (7) 0400-18-01-.06(2)(b)1., as to the text ``The fund shall not 
reimburse the owner, operator, and/or other responsible party of [the] 
petroleum UST system for the cost of generating duplicate data,'' 
insofar as this text pertains to the State Fund.
    (8) 0400-18-01-.06(3)(f), insofar as it provides eligibility 
requirements for the State Fund.
    (9) 0400-18-01-.06(7)(c), insofar as it provides for reimbursement 
from the State Fund.
    (10) Appendix 0400-18-01-.07-A, as to the text ``transport and'' in 
(4)(a) and (4)(e), insofar as these provisions pertain to the 
transportation of a tank.
    (11) 0400-18-01-.08(5)(a) and (b), insofar as these provisions 
establish eligibility requirements for the State Fund.
    (12) 0400-18-01-.09(1) through (16), insofar as these provisions 
regulate disbursements, coverage, and fund eligibility regarding the 
State Fund and provide for approval of corrective action contractors and 
recovery of State costs.
    (13) 0400-18-01-.09(18) is external insofar as it pertains to the 
severability of the rule.
    (14) 0400-18-01-.10, insofar as it establishes a system and schedule 
for the collection of fees under the UST Act.
    (15) 0400-18-01-.12(3), insofar as it establishes eligibility 
requirements for the State Fund.
    (16) 0400-18-01-.12(4), insofar as it pertains to the payment of 
annual tank fees.
    (17) 0400-18-01-.14 is external insofar as it contains record 
retention obligations on the State agency, not a regulated entity.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed on October 3, 2018, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted on 
October 15, 2018, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted on October 15, 2018, though not incorporated by 
reference, are referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 4 and TDEC, signed by the EPA Regional Administrator on October 
12, 2018, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

[86 FR 50475, Sept. 9, 2021]



Sec. 282.93  Texas State-Administered Program.

    (a) History of the approval of Texas's program. The State of Texas 
is approved to administer and enforce an underground storage tank 
program in lieu of the Federal program under Subtitle I of the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 
et seq. The

[[Page 683]]

State's program, as administered by the Texas Department of 
Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c 
and Part 281 of this Chapter. EPA published the notice of final 
determination approving the Texas underground storage tank base program 
effective on April 17, 1995. A subsequent program revision application 
was approved effective on August 21, 2020.
    (b) Enforcement authority. Texas has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under sections 
9003(h), 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991b(h),6991d 
and 6991e, as well as under any other applicable statutory and 
regulatory provisions.
    (c) Retaining program approval. To retain program approval, Texas 
must revise its approved program to adopt new changes to the Federal 
Subtitle I program which make it more stringent, in accordance with 
section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. 
If Texas obtains approval for the revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final program approval. Texas has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective April 17, 1995, and the program revision 
application approved by EPA effective on August 21, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph are incorporated by reference as 
part of the underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq. The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. You may obtain copies of Texas UST regulations that are 
incorporated by reference in this paragraph from Thomson Reuters, 610 
Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: http://
legalsolutions. thomsonreuters.com or the Texas Secretary of State 
office website at https://texreg .sos. state.tx.us/ public/ 
readtac$ext.ViewTAC? tac_view =4&ti=30 &pt=1&ch=334. You may inspect all 
approved material at the EPA Region 6, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270 (phone number (214) 665-2239) or the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, email [email protected], or 
go to: http://www.archives.gov/ federal-register/cfr/ ibr-
locations.html.
    (A) ``EPA-Approved Texas Regulatory Requirements Applicable to the 
Underground Storage Tank Program, October 2019''. Those provisions are 
listed in Appendix A to Part 282.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include:
    (1) Texas Water Code, as amended, effective October 2018. Title 2, 
Water Administration, Subtitle A, Executive Agencies:
    (i) Chapter 5. Texas Commission on Environmental Quality, Subchapter 
B. Organization of the Texas Natural Resource Conservation Commission, 
Section 5.012, Subchapter D. General Powers and Duties of the 
Commission, Sections 5.103, and 5.105; Subchapter E. Administrative 
Provision for Commission, Sections 5.173, 5.176, 5.1765, and 5.177; 
Subchapter L. Emergency and Temporary Orders, Sections 5.510, 5.511, 
5.515, and 5.516;
    (ii) Chapter 7. Enforcement, Subchapter A, General Provisions, 
Sections 7.002 and 7.006; Subchapter B. Corrective Action and Injunctive 
Relief, Section 7.032; Subchapter C. Administrative Penalties, Sections 
7.053 and 7.075; Subchapter D. Civil Penalties, Sections 7.101, 7.102, 
7.103, 7.105, 7.106, 7.107, 7.108, and 7.110; Subchapter E. Criminal 
Offenses and Penalties, Sections 7.149 and 7.156.

[[Page 684]]

    (2) Texas Water Code, as amended, effective October 2018. Title 2, 
Water Administration, Subtitle D, Water Quality Control: Chapter 26. 
Water Quality Control, Subchapter B, General Powers and Duties, Sections 
26.011, 26.013, 26.014, 26.015, 26.0151, 26.017, 26.019, 26.020, 26.021, 
26.022, 26.039, and 26.042; Subchapter D. Prohibition Against Pollution; 
Enforcement, Sections 26.341 (except 26.341(b)(1), 26.342 (except 
26.342(2), (4), (5), (16), (16-a), (18), and references to aboveground 
storage tanks at (9), (12), (14), (15), 26.343 (except 26.343(a)(1)), 
26.344 (except reference to aboveground storage tanks), 26.3441, 26.345 
(except reference to aboveground storage tanks), 26.346 (except 
reference to aboveground storage tanks), 26.3465, 26.3467, 26.347, 
26.348, 26.349 (except reference to aboveground storage tanks), 26.350, 
26.351 and 26.3511 (except references to aboveground storage tanks), 
25.3512 (except reference to petroleum storage tank remediation 
account), 26.3513, 26.3514 through 26.3516 (except references to 
aboveground storage tanks), 26.352, 26.354 through 26.356 (except 
references to aboveground storage tanks), 26.357, 26.3572, 26.35735, 
26.359, 26.362 and 26.363.
    (B) The regulatory provisions include:
    (1) Texas Administrative Code, Title 30, Part I. Texas Commission on 
Environmental Quality, Chapter 334 Underground and Aboveground Storage 
Tanks, effective May 31, 2018, Section 334.14 Memorandum of 
Understanding between the Attorney General of Texas and the Texas 
Natural Resource Conservation Commission, 334.82 Public Participation, 
and 334.83 Enforcement.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Texas 
underground storage tank program that are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Texas Water Code, as amended, effective October 2018, Title 2, 
Water Administration, Subtitle D, Water Quality Control: Chapter 26 
Water Quality Control, Sections 26.341(b)(1), 26.342(2), 26.342(4), 
26.342(9) as it applies to aboveground storage tanks, 26.342(12) as it 
applies to aboveground storage tanks, 26.342(14) and 26.342(15) as they 
apply to aboveground storage tanks, 26.342(16), 26.342(16-a), 
26.342(18), 26.343(a)(1), 26.344 as it applies to aboveground storage 
tanks, 26.3441, 26.345 and 26.346 as they apply to aboveground storage 
tanks, 26.349 as it applies to aboveground storage tanks, 26.351 and 
26.3511 as they apply to aboveground storage tanks, 26.3512 as it 
applies to petroleum storage tank remediation account, 26.3514 through 
26.3516 as they apply to aboveground storage tanks, 26.354 through 
26.356 as they apply to aboveground storage tanks, 26.3571, 26.3573, 
26.35731, 26.3574, 26.35745, 26.358, 26.361, 26.364 through 26.367; 
Subchapter K. Occupational Licensing and Registration, Sections 26.451, 
26.452 and 26.456.
    (B) Texas Administrative Code, Title 30, Part I. Texas Commission on 
Environmental Quality, Chapter 334 Underground and Aboveground Storage 
Tanks, effective May 31, 2018: Sections 334.2 ``Definitions'' as applied 
to aboveground storage tanks (ASTs), 334.9 ``Seller's Disclosure'', 
334.19 ``Fee on Delivery of Petroleum Product, 334.21 ``Fee Assessment'' 
through 334.23 ``Disposition of Fees, Interest, and Penalties'', 334.121 
``Purpose and Applicability for Aboveground Storage Tanks (ASTs)'' 
through 334.132 ``Other General Provisions for Aboveground Storage Tanks 
(ASTs)'', 334.201 ``Purpose, Applicability, and Deadlines'' through 
334.208 ``Model Institutional Controls'', 334.301 ``Applicability of 
this Subchapter'' through 334.322 ``Subchapter H Definitions'', 334.401 
``License and Registration Required'', 334.407 ``Other Requirements for 
an Underground Storage Tank Contractor'', 334.424 ``Other Requirements 
for an On-site Supervisor'' and 334.560 ``Reimbursable Cost 
Specifications''.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Texas on January 11, 1994 and October 
22, 2018, though not incorporated by reference, are referenced as part 
of the approved underground storage tank program under Subtitle I of 
RCRA, 42 U.S.C. 6991 et seq.

[[Page 685]]

    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on April 28, 1994 and as part of the 
program revision application for approval on October 15, 2018 though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on April 28, 1994 
and as part of the program revision application on October 15, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the Texas Department of Environmental Quality, signed by 
the EPA Regional Administrator on July 29, 2019, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[85 FR 37352, June 22, 2020]



Sec. 282.94  Utah State-Administered Program.

    (a) History of the approval of Utah's Program. The State of Utah is 
approved to administer and enforce an underground storage tank program 
in lieu of the federal program under subtitle I of the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 
et seq. The State's program, as administered by the Utah Department of 
Environmental Quality (DEQ), Division of Environmental Response and 
Remediation (DERR), was approved by EPA pursuant to 42 U.S.C. 6991c and 
Part 281 of this Chapter. EPA published the notice of final 
determination approving the Utah underground storage tank base program 
effective on April 7, 1995. A subsequent program revision application 
was approved by EPA and became effective on January 4, 2019.
    (b) Enforcement authority. Utah has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h),6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Utah must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Utah obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notice of any change will be published in the 
Federal Register.
    (d) Utah has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
April 7, 1995, and the program revision application approved by EPA 
effective on January 4, 2019:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Utah provisions cited in this paragraph, and listed in Appendix A to 
part 282, are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Utah regulations that are incorporated by reference 
in this paragraph from Utah's Office of Administrative Rules, Office 
Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; Phone 
number: 801-538-3003; website: https://rules.utah.gov/ publications/ 
utah-adm-code/. You may inspect all approved material at the EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado 80202 (Phone number (303) 312-
6284 or the National Archives and Records Administration (NARA). For 
information on the availability of the material at NARA, call 202-741-
6030 or go to http://www.archives.gov/ federal-register/cfr/ ibr-
locations.html.

[[Page 686]]

    (A) Utah Statutory and Regulatory Requirements Applicable to the 
Underground Storage Tank Program, October 2018.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's implementation 
of the underground storage tank program, but they are not being 
incorporated by reference and do not replace Federal authorities:
    (A) The statutory provisions include: Utah Code (May 8, 2018), Title 
19, ``Environmental Quality Code,'' Chapter 6, ``Hazardous Substances,'' 
Part 4 ``Underground Storage Tank Act'': Sections 19-6-402 (14); 19-6-
404(2)(f), (j), and (m); 19-6-407(2); 19-6-414; 19-6-416; 19-6-418; 19-
6-420(2), (4)(a), (5)(b), (8), and (9)(b); 19-6-424.5; 19-6-425; 19-6-
426(5) and (6); 19-6-427, and 19-5-429(1).
    (B) The regulatory provisions include:
    (1) Utah Administrative Code (January 1, 2017), Title 311: 
``Environmental Quality, Environmental Response and Remediation'': 
Sections R311-206-7(a) and (f); R311-208-1 through R311-208-5.
    (2) Utah Administrative Code (January 1, 2017), Title 305: 
``Environmental Quality, Administrative Procedures'': Sections R305-7-
101 through R305-7-113; R305-7-200 through R305-7-217; R305-7-301 
through R305-7-320; R305-7-401 through R305-7-403; R305-7-501 through 
R305-7-503; and R305-7-601 through R305-7-623.
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Utah 
underground storage tank program that are broader in coverage than the 
federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Utah Code (May 8, 2018), Title 19: ``Environmental Quality 
Code,'' Chapter 6, ``Hazardous Substances,'' Part 4 ``Underground 
Storage Tank Act'': Sections 19-6-412(6); and 19-6-411(7).
    (B) Utah Administrative Code (January 1, 2017), Title 311: 
``Environmental Quality, Environmental Response and Remediation'': 
Sections R311-201-2; R311-201-4; R311-201-5 through 10; R311-203-3(b), 
(c) and (g); R311-203-4; R311-206-2(a)(1), (b) and (c); and R311-206-
8(a)(1)--(4) and (f)(1)(A).
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Assistant Attorney General and Director of the Environment 
and Health Division of the Utah Attorney General's Office of the State 
of Utah on October 2, 2017, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on February 28, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on February 28, 
2018, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 8 and the Utah Department of Environmental Quality, signed by the 
EPA Acting Regional Administrator on July 27, 2017, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[83 FR 55290, Nov. 5, 2018]



Sec. 282.95  Vermont State-Administered Program.

    (a) The State of Vermont is approved to administer and enforce an 
underground storage tank program in lieu of the Federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the Vermont Department of Environmental Conservation (VT DEC), was 
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA 
approved the

[[Page 687]]

Vermont program on January 3, 1992, which was effective on February 3, 
1992.
    (b) Vermont has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Vermont must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
makes it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c and 40 CFR part 281, subpart E. If Vermont obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 
6991c, the newly approved statutory and regulatory provisions will be 
added to this subpart and notification of any change will be published 
in the Federal Register.
    (d) Vermont has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
February 3, 1992, and the program revision application approved by EPA, 
effective on September 12, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph, and listed in Appendix A to this 
part, is incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 
282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Vermont regulations and 
statutes that are incorporated by reference in this paragraph from Ted 
Unkles, UST Program Manager, Vermont Department of Environment 
Conservation, 1 National Life Drive; Davis 1 Montpelier VT 05620-3704; 
Phone number: 802-522-0488; [email protected]; Hours: Monday to 
Friday, 8:00 a.m. to 4:30 p.m.; link to statutes and regulations: 
https://legislature.vermont.gov/ statutes/chapter/ 10/059; https://
legislature.vermont.gov/ statutes/chapter/ 10/159; https://
dec.vermont.gov/ sites/dec/ files/wmp/UST/ UST-Rules.pdf; https://
dec.vermont.gov/ sites/dec/ files/wmp/Sites/ 0706.IRULE_.pdf.
    (A) EPA-Approved Vermont Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program, October 2021.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Title 10 Vermont Statutes Annotated, Chapter 201, Administrative 
Environmental Law Enforcement; Sections 8001, 8002, 8003(a)(8) and 
(a)(12), 8004 through 8008, 8009 through 8016, 8019 through 8021.
    (2) Title 10 Vermont Statutes Annotated, Chapter 59, Underground and 
Aboveground Liquid Storage Tanks, Sections 1931 through 1935.
    (3) Title 10 Vermont Statutes Annotated, Chapter 159, Waste 
Management, Sections 6609, 6610a, and 6612, 6615c, 6615d.
    (B) The regulatory provisions include:
    (1) Code of Vermont Regulations, Chapter 20, Environmental 
Administrative Penalty Rules.
    (2) Code of Vermont Regulations, Chapter 25, Environmental 
Citations.
    (3) Code of Vermont Rules, 12-032-004. Chapter 8--Vermont 
Underground Storage Tank Rules, Section 8-502(d).
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Vermont's UST program are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference in this section for enforcement purposes:
    (A) Title 10 Vermont Statutes Annotated, Chapter 59, Underground and 
Aboveground Liquid Storage Tanks, Subchapter 1: Underground Storage Tank 
Regulation. Section 1925, Notice in land records; Section 1927. 
Regulation of category one tanks, 1927(a), 1927(d); Section 1929. 
Regulation of large heating oil tanks; Section 1929a. Standards for 
aboveground storage tanks; Section 1929b. Regulation of heating oil 
tanks

[[Page 688]]

at public buildings; Section 1930. Implementation; coordination, Section 
1930(b) and (c); Section 1936. Licensure of tank inspectors; Subchapter 
2: Underground Storage Tank Assistance Program. Sections 1938 through 
1944; Title 10 Vermont Statutes Annotated, Chapter 159, Waste 
Management, Subchapter 1: General Provisions, except Sections 6601, 
6602(16)(A)(i), (ii) and (iv), 6615, 6615a, 6615b, 6616, and 6617.
    (B) Code of Vermont Rules, 12-032-004. Chapter 8--Vermont 
Underground Storage Tank Rules, Subchapter 1: General Provisions, 
Section 8-102. Purpose and Applicability, as it applies to ``install, 
remove, repair, or test;'' Section 8-103. Release Prohibition, 
Reporting, Emergency Response, the wording in 8-103(b), ``owner of the 
land on which the underground storage tank system is located, 
transporter of fuel, etc.'' as it applies to any person being 
responsible for immediately reporting a release, and 8-103(g); Section 
8-106. Fees; Section 8-107. Severability; Section 8-108. Variances; 
Section 8-109. Transfer of Ownership, Operation; Permits, Notification 
of Rules, Section 8-109(a); Subchapter 3: Registration (Notification), 
Permits, and Operator Training, Section 8-301. Applicability, 8-
301(a)(1)(A), (a)(1)(B), (a)(2)(B), 8-301(b)(2), 8-301(c); Section 8-
302. Registration, 8-302(a)(1)(C) and 8-302(c); Section 8-303, Permits 
for Category One Underground Storage Tank Systems, except 8-303(f); 
Section 8-304. Recording Underground Storage Tank Systems in Municipal 
Land Records; Subchapter 4: Design, Manufacturing, And Installation 
Standards for Underground Storage Tank Systems, Section 8-402. 
Prohibitions, 8-402(a) and (b); Section 8-405. Piping Standards, 8-
405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill 
Prevention Measures and Equipment, 8-406(c) and (d); Section 8-407. 
Scheduling Installations of Underground Storage Tank Systems, 8-
407(a)(1); Subchapter 5: Operating Standards for Underground Storage 
Tanks, Section 8-503. Spill and Overfill Prevention; Monitoring of 
Deliveries, 8-503(a) and (b); Section 8-506. Release Detection 
Requirements for Tanks, 8-506(c)(1)(F); Section 8-508. Underground 
Storage Tank System Repairs, 8-508(c)(9)(B), (C) and (D); 8-508(g); 
Section 8-511. Testing of Sumps, Spill Containment, and Overfill 
Prevention Devices, 8-511(c); Subchapter 6: Out-Of-Service, Continued 
Use, And Closure Standards for Underground Storage Tank Systems, Section 
8-601. Applicability, 8-601(c) and (d); Section 8-604. Closure of 
Underground Storage Tank Systems, the words ``or three'' in 8-604(g) as 
it applies to category three systems, 8-604(h)(3), and 8-604(i), with 
respect to the Secretary's issuance of an amended permit; Code of 
Vermont Rules 12-032-008. Chapter 35--Investigation and Remediation of 
Contaminated Properties Rule, Subchapter 1: General Provisions, Section 
35-103. Severability; Section 35-107. Historical Fill Exemption; 
Subchapter 5: Response Actions; Releases of Heating Fuels; Subchapter 8: 
Contaminated Soil, Section 35-805. Development Soils; Subchapter 11. 
Requests for Reimbursement for Municipal Water Line Extensions from the 
Petroleum Cleanup or Environmental Contingency Funds; and other 
provisions of Chapter 35, insofar as they do not relate to underground 
storage tanks and with respect to underground storage tanks insofar as 
they are broader in scope than the federal requirements.
    (2) Statement of legal authority. The Attorney General's Statements, 
signed by the Attorney General of Vermont on April 11, 1991, and October 
30, 2020, though not incorporated by reference, are referenced as part 
of the approved underground storage tank program under Subtitle I of 
RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in May 1991, and as part of the program 
revision application for approval on December 22, 2020, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in May 1991, and 
as part of the

[[Page 689]]

program revision application on December 22, 2020, though not 
incorporated by reference, are referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 1 and the Vermont Department of Environmental Conservation, 
signed by the EPA Regional Administrator on October 10, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[87 FR 42081, July 14, 2022]



Sec. 282.96  Virginia State-Administered Program.

    (a) The Commonwealth of Virginia is approved to administer and 
enforce an underground storage tank program in lieu of the federal 
program under Subtitle I of the Resource Conservation and Recovery Act 
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, 
as administered by the Virginia Department Environmental Quality, was 
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of this 
chapter. EPA approved the Virginia underground storage tank program on 
September 28, 1998, and approval was effective on October 28, 1998. A 
subsequent program revision application was approved by EPA and became 
effective on May 3, 2021.
    (b) Virginia has primary responsibility for administering and 
enforcing its federally-approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has 
taken its own actions, as well as under any other applicable statutory 
and regulatory provisions.
    (c) To retain program approval, Virginia must revise its approved 
program to adopt new changes to the federal Subtitle I program which 
makes it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Virginia obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) Virginia has final approval for the following elements of its 
program application originally submitted to EPA and approved on 
September 28, 1998 and effective October 28, 1998, and the program 
revision application approved by EPA, effective on May 3, 2021.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in Appendix A to Part 
282, with the exception of the provisions cited in paragraphs (d)(1)(ii) 
and (iii) of this section, are incorporated by reference as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 282.2 for incorporation by 
reference approval and inspection information.) The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the 
Virginia regulations and statutes that are incorporated by reference in 
this paragraph from the Office of Spill Response and Remediation, 
Virginia DEQ, 1111 East Main Street, Suite 1400, Richmond, VA 23219; 
Phone number: 804-698-4010; [email protected]. You may inspect all 
approved material at the EPA Region 3 office, 1650 Arch Street, 
Philadelphia, PA 19103-2029 (Phone number 215-814-2953) or the National 
Archives and Records Administration (NARA). For information on the 
availability of the material at NARA, email [email protected] or go 
to http://www.archives.gov/ federal-register/cfr/ ibr-locations.html.
    (A) Virginia Statutory Requirements Applicable to the Underground 
Storage Tank Program, April 2004.
    (B) Virginia Regulatory Requirements Applicable to the Underground 
Storage Tank Program, June 2018.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace federal authorities:

[[Page 690]]

    (A) The statutory provisions include:
    (1) Code of Virginia, Title 2.2, Subtitle I, Chapter 5: Department 
of Law, Article 1: General Provisions, Section 2.2-507.
    (2) Code of Virginia, Title 2.2, Subtitle II, Chapter 40: 
Administrative Process Act, Sections 2.2-4000 to -4031, insofar as the 
provisions and procedures serve to implement the underground storage 
tank program.
    (3) Code of Virginia, Title 2.2, Subtitle II, Chapter 48: Virginia 
Debt Collection Act, Sections 2.2-4800 to -4809, insofar as the 
provisions and procedures serve to implement the underground storage 
tank program.
    (4) Code of Virginia, Title 10.1, Subtitle II, Chapter 11.1: 
Department of Environmental Quality, Article 1: General Provisions, 
Sections 10.1-1182, -1186, -1186.3, -1186.4.
    (5) Code of Virginia, Title 36, Chapter 6: Uniform Statewide 
Building Code, Sections 36-97 to -119.1, especially sections 36-97, -
98.1, -99.6.
    (6) Code of Virginia, Title 42.1, Chapter 7: Virginia Public Records 
Act, Sections 42.1-76 to -90.1, insofar as the provisions and procedures 
serve to implement the underground storage tank program.
    (7) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control 
Law, Article 2: Control Board Generally, Sections 62.1-44.13, .15; 
Article 5: Enforcement and Appeal Procedure, Sections 62.1-44.20, .21, 
.23; Article 6: Offenses and Penalties, Sections 62.1-44.31, .32.
    (B) The regulatory provisions include:
    (1) Virginia Administrative Code, Title 9, Agency 25: State Water 
Control Board, Chapter 580: Underground Storage Tanks: Technical 
Standards and Corrective Action Requirements, Part I Definitions, 
Applicability, and Installation Requirements for Partially Excluded 
Systems, 9VAC25-580-10 Definitions for ``Delivery prohibition'' and 
``Delivery prohibition tag;'' Part IX Delivery Prohibition, 9VAC25-580-
370 Requirements for delivery prohibition.
    (2) 2015 Virginia Uniform Statewide Building Code, Part I, Virginia 
Construction Code, Sections 101.2, 102.3.10, 103, 108.1, 414.6.2, 
Chapter 2.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are ``broader in scope'' than the 
federal program, are not part of the approved program, and are not 
incorporated by reference herein. These provisions are not federally 
enforceable:
    (A) The statutory provisions include:
    (1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control 
Law, Article 9: Storage Tanks Section 62.1-44.34:8 Definitions, 
``Regulated substance'' insofar as the term includes substances not 
regulated under the federal program.
    (2) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control 
Law, Article 10: Petroleum Storage Tank Fund.

Section 62.1-44.34:10 Definitions, ``Regulated substance'' insofar as 
    the term includes substances not regulated under the federal program
Section 62.1-44.34:13 Levy of fee for Fund maintenance

    (B) The regulatory provisions include Virginia Administrative Code, 
Title 9, Agency 25: State Water Control Board, Chapter 580: Underground 
Storage Tanks: Technical Standards and Corrective Action Requirements.

(1) Section 9VAC25-580-10 Definitions, ``Regulated substance'' insofar 
as the term includes substances not regulated under the federal program
(2) Section 9VAC25-580-40 Permitting and inspection requirements for all 
UST systems, USBC permitting and inspection requirements
(3) Section 9VAC25-580-50 Performance standards for new UST systems, 
subdivision 4.b. USBC permitting and inspection requirements, 
subdivision 5. USBC permitting requirement to demonstrate compliance 
with subdivision 4. of 9VAC25-580-50
(4) Section 9VAC25-580-60 Upgrading of existing UST systems, USBC 
permitting and inspection requirements
(5) Section 9VAC25-580-110 Repairs allowed, USBC permitting and 
inspection requirements
(6) Section 9VAC25-580-160 Methods of release detection for tanks, USBC 
permitting and inspection requirements
(7) Section 9VAC25-580-170 Methods of release detection for piping, USBC

[[Page 691]]

permitting and inspection requirements
(8) Section 9VAC25-580-310 Temporary closure, USBC permitting and 
inspection requirements
(9) Section 9VAC25-580-320 Permanent closure and changes-in-service, 
USBC permitting and inspection requirements
(10) Section 9VAC25-580-380 General Requirements, USBC permitting and 
inspection requirements
(11) Section 9VAC25-580-390 Additions, exceptions, and alternatives for 
UST systems with field-constructed tanks and airport hydrant systems, 
USBC permitting and inspection requirements

    (2) Statement of legal authority. ``Attorney General's Statement,'' 
signed by the Assistant Attorney General, via authority delegated by the 
Attorney General, on November 20, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Virginia UST Program Demonstration of Adequate Enforcement 
Procedures'' submitted as part of the program revision application for 
approval on February 11, 2019, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application on 
February 11, 2019, though not incorporated by reference, are referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 3 and the Virginia Department of Environmental Quality, signed by 
the EPA Regional Administrator on November 26, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[86 FR 12114, Mar. 2, 2021]



Sec. 282.97  Washington State-Administered Program.

    (a) History of the approval of Washington's program. The State of 
Washington is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program under subtitle I of the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 
U.S.C. 6991 et seq. The State's program, as administered by the 
Washington Department of Ecology (Ecology), was approved by the EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA 
published the notice of final determination approving the Washington 
underground storage tank base program effective on October 8, 1993. A 
subsequent program revision application was approved by the EPA and 
became effective on December 20, 2021.
    (b) Enforcement authority. Washington has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, the EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Washington must revise its approved program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart 
E. If Washington obtains approval for the revised requirements pursuant 
to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory 
and regulatory provisions will be added to this subpart and notice of 
any change will be published in the Federal Register.
    (d) Final approval. Washington has final approval for the following 
elements of its program application originally submitted to the EPA and 
approved effective October 8, 1993, and the program revision application 
approved by the EPA effective on December 20, 2021:

[[Page 692]]

    (1) State statutes and regulations--(i) Incorporation by reference. 
The materials cited in this paragraph (d)(1) are incorporated by 
reference as part of the underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq. with the approval of the Director of 
the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce 
any edition other than that specified in this section, the EPA must 
publish a document in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, 
Washington 98101, phone number (206) 553-6693. Copies of Washington's 
program application may be obtained from the Underground Storage Tank 
Program, Washington Department of Ecology, P.O. Box 4765, Olympia, 
Washington 98504. All approved material is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of the material at NARA, email 
[email protected] or go to www.archives.gov/ federal-register/cfr/ 
ibr-locations.html.
    (A) ``Washington Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' June 2021.
    (B) ``Washington Regulatory Requirements Applicable to the 
Underground Storage Tank Program,'' June 2021.
    (ii) Legal basis. The EPA evaluated the statutes and regulations 
listed in appendix B to this part that provide the legal basis for the 
State's implementation of the underground storage tank program but are 
not incorporated by reference and do not replace Federal authorities.
    (iii) Broader in scope. The specifically identified sections and 
rules applicable to the Washington underground storage tank program 
listed in appendix C to this part are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference herein for enforcement purposes.
    (2) Statement of legal authority. The Attorney General Statement, 
signed on October 10, 2018, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the application for approval on June 30, 2021, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on June 30, 2021, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 10 and the Washington Department of Ecology, signed by the EPA 
Regional Administrator on March 19, 2019, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[86 FR 57761, Oct. 19, 2021]



Sec. 282.98  West Virginia State-Administered Program.

    (a) The State of West Virginia is approved to administer and enforce 
an underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), 
as amended, 42 U.S.C. 6991 et seq. The State's program, as administered 
by the West Virginia Department of Environmental Protection, was 
approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of this 
chapter. EPA approved the West Virginia underground storage tank program 
on September 23, 1997, and approval was effective on February 10, 1998. 
A subsequent program revision application was approved by EPA and became 
effective on November 10, 2020.
    (b) West Virginia has primary responsibility for administering and 
enforcing its federally-approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities

[[Page 693]]

under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, regardless of whether the State has taken its own actions, as 
well as under any other applicable statutory and regulatory provisions.
    (c) To retain program approval, West Virginia must revise its 
approved program to adopt new changes to the federal Subtitle I program 
which makes it more stringent, in accordance with Section 9004 of RCRA, 
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If West Virginia obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be published 
in the Federal Register.
    (d) West Virginia has final approval for the following elements of 
its program application originally submitted to EPA and approved on 
September 23, 1997 and effective February 10, 1998, and the program 
revision application approved by EPA, effective on November 10, 2020.
    (1) State statutes and regulations.--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in Appendix A to Part 
282, with the exception of the provisions cited in paragraphs (d)(1)(ii) 
and (iii) of this section, are incorporated by reference as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 282.2 for incorporation by 
reference approval and inspection information.) The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the 
West Virginia regulations and statutes that are incorporated by 
reference in this paragraph from Terry Fletcher, Acting Communications 
Director, West Virginia Department of Environmental Protection, 601 57th 
St. SE, Charleston, WV 25304; Phone number: 304-926-0499 ext 49720; 
email address, DEPPIO [email protected]; Hours: Monday-Friday, 7:00 a.m. 
to 3:30 p.m. You may inspect all approved material at the EPA Region 3 
Office, 1650 Arch Street, Philadelphia, PA 19103-2029 (Phone number: 
215-814-2953); or the National Archives and Records Administration 
(NARA). For information on the availability of the material at NARA, 
email [email protected] or go to http://www.archives.gov/ federal-
register/cfr/ ibr-locations.html.
    (A) West Virginia Statutory Requirements Applicable to the 
Underground Storage Tank Program, June 2011.
    (B) West Virginia Regulatory Requirements Applicable to the 
Underground Storage Tank Program, June 2018.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes and do not 
replace federal authorities:
    (A) The statutory provisions include:
    (1) Code of West Virginia, Chapter 22, Article 17: Underground 
Storage Tank Act

Section 22-17-5 Powers and duties of director; integration with other 
    acts
Section 22-17-6 Promulgation of rules and standards by director, Sec. 
    22-17-6.(b)(13)
Section 22-17-12 Confidentiality, Sec. 22-17-12.(b)
Section 22-17-13 Inspections, monitoring, and testing
Section 22-17-15 Administrative orders; injunctive relief; requests for 
    reconsideration
Section 22-17-16 Civil penalties
Section 22-17-17 Public participation
Section 22-17-18 Appeal to environmental quality board
Section 22-17-23 Duplicative enforcement prohibited

    (2) Code of West Virginia, Chapter 22, Article 1: Department of 
Environmental Protection

Section 22-1-2 Definitions

    (B) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste 
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-5 Delivery Prohibition

    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are ``broader in scope'' than the 
federal program, are not part of the approved program, and

[[Page 694]]

are not incorporated by reference. These provisions are not federally 
enforceable.
    (A) The statutory provisions include:
    (1) Code of West Virginia, Chapter 22, Article 17: Underground 
Storage Tank Act

Section 22-17-6 Promulgation of rules and standards by director, Sec. 
    22-17-6.(b)(12) (except as to installation)
Section 22-17-7 Underground storage tank advisory committee; purpose
Section 22-17-19 Disclosures required in deeds and leases
Section 22-17-20 Appropriation of funds; underground storage tank 
    administrative fund
Section 22-17-21 Leaking underground storage tank response fund

    (2) [Reserved]
    (B) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste 
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-3 Certification Requirements for Individuals who Install, 
    Repair, Retrofit, Upgrade, Perform Change-in-Service, Close or 
    Tightness Test Underground Storage Tank Systems (except as to 
    Individuals who Install)
Section 33-30-6 Operator Training Requirements

    (2) West Virginia Code of State Regulations, Title 33: Office of 
Waste Management Rule, Series 31: Underground Storage Tank Fee 
Assessments
    (2) Statement of Legal Authority. ``Attorney General's Statement'', 
signed by the Acting General Counsel, Chief of the Office of Legal 
Services, West Virginia Department of Environmental Protection, on June 
8, 2017, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of Procedures for Adequate Enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the program revision application on June 24, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the program revision application on June 
24, 2018, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 3 and the West Virginia Department of Environmental Protection, 
signed by the EPA Regional Administrator on July 8, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[85 FR 56176, Sept. 11, 2020]



Sec. Sec. 282.99-282.101  [Reserved]



Sec. 282.102  Puerto Rico State-Administered Program.

    (a) The Commonwealth of Puerto Rico is approved to administer and 
enforce an underground storage tank program in lieu of the federal 
program under subtitle I of the Resource Conservation and Recovery Act 
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The Commonwealth's 
program, as administered by the Commonwealth of Puerto Rico 
Environmental Quality Board, is approved by EPA pursuant to 42 U.S.C. 
6991c and Part 281 of this chapter. EPA is publishing the notice of 
final determination on the approved Commonwealth of Puerto Rico 
underground storage tank program concurrently with this notice and it 
will be effective on March 31, 1998.
    (b) The Commonwealth of Puerto Rico has primary responsibility for 
enforcing its underground storage tank program. However, EPA retains the 
authority to exercise its corrective action, inspection and enforcement 
authorities under sections 9003(h)(1), 9005 and 9006 of subtitle I of 
RCRA, 42 U.S.C. 6991b(h)(1), 6991d and 6991e, as well as its authority 
under other statutory and regulatory provisions.
    (c) To retain program approval, the Commonwealth of Puerto Rico must 
revise its approved program to adopt

[[Page 695]]

new changes to the federal subtitle I program which make it more 
stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 
40 CFR part 281, subpart E. If the Commonwealth obtains approval for the 
revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, 
the newly approved statutory and regulatory provisions will be added to 
this subpart and notice of any change will be published in the Federal 
Register.
    (d) The Commonwealth of Puerto Rico has final approval for the 
following elements submitted to EPA in its program application for final 
approval and to be published in the Federal Register concurrently with 
this notice, and to be effective on March 31, 1998. Copies may be 
obtained from the Underground Storage Tank Program, Puerto Rico 
Environmental Quality Board, 431 Ponce De Leon Avenue, Nacional Plaza, 
Suite 614, Hato Rey, PR 00917, Phone: (787) 767-8109.
    (1) State statutes and regulations. (i) The provisions cited in this 
paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Puerto Rico Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1997.
    (B) Puerto Rico Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (ii) The following specifically identified sections and rules in the 
Commonwealth of Puerto Rico's statutes, regulations and rules are part 
of the approved Commonwealth program, although not incorporated by 
reference herein for enforcement purposes.
    (A) The statutory provisions include:
    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. 1121 
et seq.
    (i) Section 1131 Functions and duties [Insofar as paragraphs (10), 
(12), (13), (19), (22), (23), (25), (26), (29), and (30) set forth 
enforcement authorities.]
    (ii) Section 1134 Hearings, orders and judicial proceedings
    (iii) Section 1136 Penalty
    (iv) Section 1139 Civil actions
    (v) Section 1142 Powers [Insofar as (b)(5) sets forth enforcement 
authorities.]
    (2) Puerto Rico Environmental Emergency Fund Act, 12 L.P.R.A. Sec. 
1269 et seq.
    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (2) Part X--General Provisions.
    (i) Rule 1005 Right of Entry
    (ii) Rule 1007 Notice of Violation and Compliance Order
    (iii) Rule 1008 Closure of an Underground Storage Tank
    (iv) Rule 1010 Penalties
    (C) Other provisions include:
    (1) Puerto Rico Civil Procedure Rules of 1979, 32 L.P.R.A. Appendix 
III
    (2) Rules of Administrative Procedure for Hearings in Environmental 
Quality Board, Regulation Number 3672, promulgated on October 19, 1988.
    (iii) The following specifically identified sections and rules in 
the Commonwealth of Puerto Rico's statutes, regulations and rules are 
broader in scope than the federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes.
    (A) The statutory provisions include:
    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. Sec. 
1121 et seq.
    (i) Section 1131--Functions and duties [Insofar as paragraph (13) 
addresses permit and license requirements and associated fees, as well 
as the NPDES and UIC programs; and paragraph (34) relates solely to the 
solid and hazardous waste programs.]
    (ii) Section 1132--Transfer of powers
    (iii) Section 1135--Character of Board for federal purposes [Insofar 
as it addresses permit requirements.]
    (iv) Section 1138--Effectiveness of previous documents [Insofar as 
it addresses permit and licensing requirements.]
    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number

[[Page 696]]

4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (i) Part VI--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances: Rule 603--Initial 
Abatement Measures and Site Check [Insofar as 603(A)(5) requires owners 
and operators to obtain permits or franchises for drilling and 
installation of groundwater monitoring and/or extraction wells.]; Rule 
605--Free Product Removal [Insofar as 605(A) and 605(D)(6) require 
owners and operators to obtain permits or franchises for drilling and 
installation of water monitoring and/or extraction wells.].
    (ii) Part XII--Fee Rules [Insofar as fees are broader in scope than 
the federal program.]: Rule 1201--Applicability; Rule 1202--Annual 
Notification Fees; Rule 1203--Fee Relative to Transfer of Ownership; 
Rule 1204--Fees for Duplication of Records; Rule 1205--Fee Payments; 
Rule 1206--Exemptions from Fees; Rule 1207--Fees for Revision of 
Permanent Closure Plans; Rule 1208--Fees for Annual Re-certification of 
UST Facilities.
    (2) Statement of legal authority. The Attorney General Statement, a 
letter signed on July 2, 1997, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the application for approval on January 17, 1996, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the application on January 17, 1996 and 
supplemented on April 17, 1997, though not incorporated by reference, 
are referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 2 and the Puerto Rico Environmental Quality Board, signed by an 
authorized representative of the Environmental Quality Board on March 7, 
1997 and subsequently by an authorized representative of EPA, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

[63 FR 4593, Jan. 30, 1998]



Sec. Sec. 282.103-282.105  [Reserved]



    Sec. Appendix A to Part 282--State Requirements Incorporated by 
        Reference in Part 282 of the Code of Federal Regulations

    The following is an informational listing of the state requirements 
incorporated by reference in part 282 of the Code of Federal 
Regulations:

                                 Alabama

    (a) The statutory provisions include: Alabama Underground Storage 
Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 
22-36-10 (1988):

Section 22-36-1 Short title.
Section 22-36-2 Definitions.
Section 22-36-4 Information to be furnished by owner upon request of 
          department; owner to permit access of records and entry and 
          inspection of facilities, insofar as it imposes requirements 
          on owners and operators of underground storage tank systems.

    (b) The regulatory provisions include:
    Alabama Underground Storage Tank Control Regulations, Ala. Admin. 
Code r. 335-6-15-.01 to 335-6-15-.49 (2017):

    Rule 335-6-15-.02 Definitions.
    Rule 335-6-15-.03 Applicability.
    Rule 335-6-15-.04 Installation Requirements For Partially Excluded 
UST Systems.
    Rule 335-6-15-.05 Notification Requirements.
    Rule 335-6-15-.06 Performance Standards For New UST Systems, And 
Dispensers.
    Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
    Rule 335-6-15-.08 Plans and Specifications.
    Rule 335-6-15-.09 Operation, Maintenance, and Testing or Inspection 
of Spill and Overfill Prevention Equipment And Containment Systems; And 
Walkthrough Inspections.
    Rule 335-6-15-.10 Operation and Maintenance of Corrosion Protection.
    Rule 335-6-15-.11 Compatibility.
    Rule 335-6-15-.12 Repairs Allowed.
    Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it imposes 
requirements on owners and operators.

[[Page 697]]

    Rule 335-6-15-.14 General Release Detection Requirements For All UST 
Systems.
    Rule 335-6-15-.15 Release Detection Requirements For Petroleum UST 
Systems.
    Rule 335-6-15-.16 Release Detection Requirements For Hazardous 
Substance UST Systems.
    Rule 335-6-15-.17 Methods Of Release Detection For Underground 
Storage Tanks.
    Rule 335-6-15-.18 Methods Of Release Detection For Underground 
Piping.
    Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it 
imposes requirements on owners and operators.
    Rule 335-6-15-.20 Reporting Of Suspected Releases.
    Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
    Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
    Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
    Rule 335-6-15-.24 Initial Release Response.
    Rule 335-6-15-.25 Initial Abatement Measures And Preliminary 
Investigation.
    Rule 335-6-15-.26 Preliminary Investigation Requirements.
    Rule 335-6-15-.27 Free Product Removal.
    Rule 335-6-15-.28 Secondary Investigation Requirements.
    Rule 335-6-15-.29 Corrective Action Plan.
    Rule 335-6-15-.30 Corrective Action Requirements.
    Rule 335-6-15-.33 Temporary Closure.
    Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
    Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
    Rule 335-6-15-.36 Applicability to Previously Closed UST Systems.
    Rule 335-6-15-.37 Closure Records.
    Rule 335-6-15-.43 Financial Responsibility for Petroleum UST Owners 
And Operators.
    Rule 335-6-15-.46 Operator Training.
    Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And UST 
Systems With Airport Hydrant Fuel Distribution Systems.

    (c) Copies of Alabama statutes that are incorporated by reference 
are available from the Legislative Services Agency, Alabama State House, 
Suite 613, 11 South Union Street, Montgomery, Alabama 36110-2400; Phone 
number: (334) 271-7700; website: http://lsa.state.al.us. Copies of 
Alabama regulations that are incorporated by reference are available at 
the following website: http://www.alabama administrativecode 
.state.al.us.

                                Arkansas

    (a) The regulatory provisions include: Arkansas Pollution Control 
and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as 
amended effective August 24, 2018:
    Chapter 1 General Provisions, Reg. 12.103 Definitions, except 
(B)(1), Reg. 12.104 Incorporation of Federal Regulations, Reg. 12.105 
Records, Reg. 12.106 Entry and Inspection of Underground Storage Tank 
Facilities, Reg. 12.108 Notice Requirements, Reg. 12.109 Secondary 
Containment;
    Chapter 2 Registration of Storage Tanks, Reg. 12.201(A);
    Chapter 5: Licensing of Underground Storage Tank Installers and 
Service Personnel, Reg. 12.502 Definitions, Reg. 12.503 Applicability, 
Reg. 12.504 General Requirements, Reg. 12.505 Surety Requirement, Reg. 
12.506 Notification Requirement, Reg. 12.507 Contractor Licensing, Reg. 
12.508 Individual Licensing, Reg. 12.509 Contractor/Individual 
Licensing, Reg. 12.510 Experience Requirements, Reg. 12.511 Licensing 
Examination, Reg. 12.512 Renewal of Licenses, Reg. 12.513 Denial of 
Licenses, Reg. 12.514 Department Approval of Training and Continuing 
Education;
    Chapter 6: Licensing of Underground Storage Tank Testers, Reg. 
12.602 Definitions, Reg. 12.603 Applicability, Reg. 12.604 General 
Requirements, Reg. 12.605 Surety Requirement, Reg. 12.606 Company 
Licensing, Reg. 12.607 Individual Licensing, Reg. 12.608 Company/
Individual Licensing, Reg. 12.609 Experience Requirements, Reg. 12.610 
Renewal of Licenses, Reg. 12.611 Denial of Licenses, Reg. 12.612 
Department Approval of Training and Continuing Education; and
    Chapter 7: Operator Training, Reg. 12.702 Definitions, Reg. 12.703 
Applicability, Reg. 12.704 General Requirements, Reg. 12.705 Class A 
Operator Certification, Reg. 12.706 Class B Operator Certification, Reg. 
12.707 Class C Operator Training, Reg. 12.708 Operator Examination.
    (b) Copies of the Arkansas regulations that are incorporated by 
reference are available from the Arkansas Department of Environmental 
Quality (ADEQ) website at http://www.adeq.state.ar.us/ regs/default.htm 
or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little 
Rock, Arkansas 72118-5317; Phone number: (501) 682-0923.

                                Colorado

    (a) The statutory provisions include: Colorado Revised Statutes 
(2018), Title 8 Labor and Industry, Article 20.5 Petroleum Storage 
Tanks, Part 1 Administration: Section 8-20.5-101(16) definition of 
``tank''.
    (b) The regulatory provisions include:
    (1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 
``Department of Labor and Employment, Division of Oil and Public Safety, 
Storage Tank Regulations'':
    Article 1 General Provisions:
    Section 1-5 Definitions, except ``aboveground storage tank'' (AST), 
``aboveground storage tank (AST) system,'' ``fire resistant tank,'' 
``motor fuel,'' the phrase ``or above ground'' in the definition of 
``operator,'' Item (3) in the definition of ``owner'' relative to ASTs, 
and paragraph relative to ASTs in

[[Page 698]]

the definition of ``secondary containment''; 1-6 Glossary of Acronyms 
and Initializations;
    Article 2 Underground Storage Tanks:
    Section 2-1 UST Program Scope and Applicability; Subsections 2-1-1 
Applicability; 2-1-2 Determination of ownership and use;
    Section 2-2 UST Design, Construction, Installation and Registration; 
Subsections 2-2-1 Design and Performance standards for new and replaced 
UST systems; 2-2-2 Installation; 2-2-2-1 Installation Application; 2-2-
2-2 Installation Requirements; 2-2-2-3 Installation Inspection; 2-2-3 
UST System Registration; 2-2-4 Upgrading existing UST System; 2-2-5 
Repairs;
    Section 2-3 Operation; Subsections 2-3-1 Operator training; 2-3-1-1 
Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3 Class B 
Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable Training and 
Certification Processes; 2-3-1-6 Training and Certification Deadlines 
and Schedules; 2-3-1-7 Retraining Requirements; 2-3-1-8 Documentation; 
2-3-2 Spill and Overfill Prevention; 2-3-3 Corrosion Protection; 2-3-4 
Release Detection; 2-3-4-1 General requirements for all UST systems; 2-
3-4-2 Requirements for regulated substance UST Systems; 2-3-4-3 
Requirements for Piping; 2-3-4-4 Requirements for hazardous substance 
UST systems; 2-3-5 Periodic testing of spill prevision equipment and 
containment sumps used for interstitial monitoring of piping and 
periodic inspection of overfill prevention equipment; 2-3-6 Compliance 
inspections; 2-3-6-1 Monthly Compliance Inspections; 2-3-6-2 Annual 
Operational Compliance Inspections; 2-3-6-3 Inspections Conducted by the 
Director; 2-3-7 Reporting and Record Keeping;
    Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary 
Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;
    Section 2-5 UST Systems with Field-Constructed Tanks and Airport 
Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions; 2-5-2 
General requirements; 2-5-3 Additions, exceptions, and alternatives for 
UST systems with field-constructed tanks and airport hydrant systems;
    Article 4 Release Identification And Reporting:
    Sections 4-1 Suspected Releases; 4-2 Response to Suspected Releases; 
4-3 Confirmed Releases;
    Article 5 Release Response:
    Section 5-1 Response to Confirmed Releases; Subsections 5-1-1 Acute 
human health hazards; 5-1-2 Chronic and secondary human health hazards 
and other environmental impacts; Section 5-2 Site Characterization;
    Section 5-3 Corrective Action;
    Section 5-4 No Further Action Request;
    Article 7 Financial Responsibility Requirements For Owners/Operators 
Of Petroleum Underground Storage Tanks:
    Section 7-1 Applicability;
    Section 7-2 Financial Responsibility Mechanisms;
    Section 7-3 Maintenance of Financial Responsibility.
    (c) Copies of the Colorado statutes and regulations that are 
incorporated by reference are available from the following offices:
    Statutes--Colorado Revisor of Statutes, 200 E. Colfax Avenue, 
Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone 
number: (303) 866-2045; website: https://leg.colorado.gov/ agencies/ 
office-legislative -legal-services/ colorado-revised-statutes.
    Regulations--Colorado's Secretary of State, 1700 Broadway, Denver, 
CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; 
Phone number: (303) 894-2200 ext. 6418; email: [email protected]; 
website: https://www.sos.state.co.us/ CCR/Welcome.do.

                               Connecticut

    (a) The statutory provisions include:
    1. Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-449. Duties and 
powers of commissioner resources of potential pollution or damages. 
Licenses, regulations. Nonresidential underground storage tank systems. 
(a); (d); (e) except annual tank fee; and (f).
    2. Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-449o. Requirement for 
double-walled underground storage tanks.
    3. Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-449q. Storage of 
underground storage tank system records.
    4. Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 446K. Water Pollution Control, Section 22a-450. Report of 
discharge, spill, loss, seepage or filtration. Regulations.
    (b) The regulatory provisions include:
    1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d) 
Underground Storage Tank System Management (effective December 1, 2021).
    Section 1 Control of the nonresidential underground storage and 
handling of oil and petroleum liquids, except (d)(1) and (2) 
notification of life expectancy determination, life expectancy (h)(1)--
(3), and (l) variances.
    Section 100 Reserved.
    Section 101 Technical standards and corrective action for owners and 
operators of underground storage tank systems-program scope and interim 
prohibition.
    Section 102 UST systems: design, construction installation and 
notification.
    Section 103 General operating requirements.
    Section 104 Release Detection.
    Section 105 Release reporting, investigation, and confirmation.

[[Page 699]]

    Section 106 Release response and corrective action for UST systems 
containing petroleum or hazardous substances.
    Section 107 Out-of-service UST systems and closure.
    Section 108 Operator training required.
    Section 109 Financial responsibility.
    Section 110 UST system upgrading, abandonment and removal date.
    Section 112 UST system location transfer.
    Section 113 Transfer of UST system ownership, possession or control.

                                Delaware

    (a) The statutory provisions include:
    (1) Code of Delaware, Title 7, Chapter 74, Delaware Underground 
Storage Tank Act

Section 7401 Declaration of Purpose, except as to persons who are not 
owners or operators of USTs
Section 7402 Definitions, except ``responsible party'' as to persons who 
are not owners or operators of USTs
Section 7403 Referenced standards
Section 7404 Exemptions, except as to agricultural and residential USTs 
of 1,100 gallons or less used for storing motor fuel for noncommercial 
purposes and USTs containing heating fuel for consumptive use on the 
premises where stored
Section 7405 Registration by owner, except (a)(2) and (3) as to USTs 
containing heating fuel for consumptive use on the premises where stored
Section 7406 Release of substances prohibited; correction of substance 
release; Department intervention, except (a) through the introductory 
paragraph of (e) as to persons who are not owners or operators of USTs; 
except (e)(1)-(3) and (f)-(j)
Section 7407 Release detection, prevention and correction regulations
Section 7409 Delaware Underground Petroleum Storage Tank Response Fund, 
except (c) as to registration fees
Section 7410 Financial Responsibility
Section 7413 Variances
Section 7414 Leaking Underground Storage Tank Committee
Section 7415 Implementation and reporting requirements
Section 7416 Groundwater risk assessment
Section 7417 Use of Hazardous Substance Cleanup Act funding
Section 7425 Certification of underground storage tank contractors, 
except (a), (b), (d), and (e); (c) insofar as requires activities other 
than installation be completed by or in the presence of a certified 
individual

    (2) [Reserved]
    (b) The regulatory provisions include:
    (1) Delaware Administrative Code, Title 7, Chapter 1351, Underground 
Storage Tank Systems

    Part A: General Requirements for Underground Storage Tank Systems

Section 1351-A-1.0 General Provisions, except 1.2.1 as to persons who 
are not owners or operators of USTs, insofar as regulates UST systems 
not regulated under the federal regulations, and insofar as UST systems 
that contain de minimis concentrations of regulated substances are not 
explicitly exempt from regulation; 1.4; 1.6
Section 1351-A-2.0 Definitions, except ``consumptive use'' insofar as 
the term is limited to activities that do not result in monetary gain; 
``regulated substance'' insofar as includes substances not regulated 
under the federal program; ``responsible party'' as to persons who are 
not owners or operators of USTs
Section 1351-A-3.0 Referenced Standards, except 3.1.10; 3.3.8
Section 1351-A-4.0 Registration and Notification Requirements, except 
4.1.4 as to fees; 4.2; 4.5.2 and 4.6.2 as to USTs containing heating 
fuel for consumptive use on the premises where stored; 4.7.1 and 4.7.2 
insofar as they require the Department to approve or deny construction 
work within fourteen days of receipt of notification form and 
construction plans; 4.9.1 insofar as requires permits be kept at the 
UST/construction site
Section 1351-A-5.0 Recordkeeping
Section 1351-A-6.0 Alternative Procedures Approval Requirements
Section 1351-A-8.0 Submittal of Confidential Information, except 8.1.1; 
8.1.2; 8.1.4
Section 1351-A-10.0 Requirements for Operator Training, except 10.1.1 as 
to USTs containing heating fuel for consumptive use on the premises 
where stored
Section 1351-A-11.0 Use of Certified Contractors, except insofar as 
requires a certified individual to be present for activities other than 
installation, and as to USTs containing heating fuel for consumptive use 
on the premises where stored
Section 1351-A-12.0 Request for No Further Action Determination, except 
as to USTs containing heating fuel for consumptive use on the premises 
where stored
Section 1351-A-13.0 Additional Compatibility Requirements for Regulated 
Substances Containing Ethanol and Biodiesel
Section 1351-A-14.0 Conditions Required for Product Piping Slope 
Exemption

  Part B: Requirements for Installation, Operation and Maintenance of 
 Underground Storage Tank Systems Storing Regulated Substance Excluding 
     Consumptive Use Heating Fuel or Hazardous Substance UST Systems

Section 1351-B-1.0 Installation, Operation and Maintenance Requirements 
for UST Systems Storing Regulated Substance Excluding Consumptive Use 
Heating Fuel or Hazardous Substance Installed on or After January 11, 
2008, except 1.1.8; 1.3.2.4; 1.21.1,

[[Page 700]]

1.22.1, 1.22.2, and 1.29.7.1 as to persons who are not owners or 
operators of USTs
Section 1351-B-2.0 Installation, Operation and Maintenance Requirements 
for UST Systems Storing Regulated Substance Installed Prior to January 
11, 2008, Excluding Consumptive Use Heating Fuel or Hazardous Substance, 
except 2.1.8; 2.22.1, 2.23.1, 2.23.2, 2.30.7.1 as to persons who are not 
owners or operators of USTs
Section 1351-B-3.0 Change in Service Requirements for UST Systems 
Storing Regulated Substance Excluding Consumptive Use Heating Fuel or 
Hazardous Substance
Section 1351-B-4.0 Removal or Closure in Place Requirements for UST 
Systems Storing Regulated Substance excluding Consumptive Use Heating 
Fuel or Hazardous Substance, except 4.2.1.3
Section 1351-B-5.0 Change In Substance Stored Requirements for UST 
Systems Storing Regulated Substance excluding Consumptive Use Heating 
Fuel or Hazardous Substance, except 5.2.1.3
Section 1351-B-6.0 Requirements for Empty UST Systems Storing Regulated 
Substance excluding Consumptive Use Heating Fuel or Hazardous Substance

  Part D: Requirements for Installation, Operation and Maintenance of 
      Underground Storage Tank Systems Storing Hazardous Substance

Section 1351-D-1.0 Installation, Operation and Maintenance Requirements 
for UST Systems Storing Hazardous Substance, except 1.3.2.4; 1.21.1, 
1.22.1 and 1.22.2 as to persons who are not owners or operators of USTs
Section 1351-D-2.0 Change In Service Requirements for UST Systems 
Storing Hazardous Substance
Section 1351-D-3.0 Removal or Closure in Place Requirements for UST 
Systems Storing Hazardous Substance, except 3.2.1.3
Section 1351-D-4.0 Change In Substance Stored Requirements for UST 
Systems Storing Hazardous Substance, except 4.2.1.3
Section 1351-D-5.0 Requirements for Empty UST Systems Storing Hazardous 
Substance

  Part E: Requirements for Reporting, Release Investigation, Remedial 
Action and No Further Action Determinations for Underground Storage Tank 
                                 Systems

Section 1351-E-1.0 Reporting Requirements, except 1.2 and 1.3 as to 
persons who are not owners or operators of USTs
Section 1351-E-2.0 Indicated Release Investigation Requirements, except 
2.1, 2.2, and 2.4 as to persons who are not owners or operators of USTs; 
2.3.1 and 2.4.1.1 as to USTs containing heating fuel for consumptive use 
on the premises where stored
Section 1351-E-3.0 Release Response Requirements, except 3.1; 3.2 and 
3.3 as to persons who are not owners or operators of USTs
Section 1351-E-4.0 Hydrogeologic Investigation Requirements, except as 
to persons who are not owners or operators of USTs
Section 1351-E-5.0 Remedial Action Requirements, except as to persons 
who are not owners or operators of USTs
Section 1351-E-6.0 No Further Action Requirements, except as to persons 
who are not owners or operators of USTs; 6.2.3 as to USTs containing 
heating fuel for consumptive use on the premises where stored

      Part F: Financial Responsibility Requirements for UST Systems

Section 1351-F-1.0 Financial Responsibility Requirements for UST Systems
Section 1351-F-2.0 Financial Responsibility Mechanisms
Sections 1351-F-3.1 to -3.18 Forms A through R

  Part H: Requirements for Installation, Operation and Maintenance of 
           Field-Constructed Underground Storage Tank Systems

Section 1351-H-1.0 General Requirements, except 1.1.2.2 as to USTs 
containing heating fuel for consumptive use on the premises where stored
Section 1351-H-2.0 Additions, Exceptions, and Alternatives for UST 
systems with Field-Constructed Tanks

  Part I: Requirements for Installation, Operation and Maintenance of 
                      Airport Hydrant Fuel Systems

Section 1351-I-1.0 General Requirements, except 1.1.2.2 as to USTs 
containing heating fuel for consumptive use on the premises where stored
Section 1351-I-2.0 Additions, Exceptions, and Alternatives for Airport 
Hydrant Fuel Systems

    (2) [Reserved]

                          District of Columbia

    (a) The statutory provisions include:
    (1) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter VII, Underground Storage Tank Management, 
sections 8-113.01-113.12

Section 8-113.01. Definitions, except (7)(C) and (9)(A)(ii)-(v)
Section 8-113.02. Notification, except (f)
Section 8-113.03. Release notification requirements, except (a) as to 
persons who are not owners or operators of underground storage tanks
Section 8-113.06. Certification, registration and licensing, except (b) 
as to fees; (c)-(d)

    (2) [Reserved]
    (b) The regulatory provisions include:

[[Page 701]]

    (1) District of Columbia Municipal Regulations, Title 20, Chapters 
55-67 and 70, Underground Storage Tanks

        Chapter 55 Underground Storage Tanks--General Provisions

Section 5500 Compliance with District Laws, except 5500.1(c)-(d); 5500.2
Section 5501 Applicability of UST regulations, except 5501.1 as to 
persons who are not owners or operators of underground storage tanks
Section 5502 Partial Applicability of UST Regulations to Particular UST 
Systems
Section 5503 Partial Applicability of UST Regulations to Heating Oil 
Tanks, except 5503.1-.2
Section 5505 Applicability to Emergency Generator UST Systems
Section 5506 Industry Codes and Standards
Section 5507 Field-Constructed Tanks and Airport Hydrant Fuel 
Distribution Systems

   Chapter 56 Underground Storage Tanks--Notification, Registration, 
                  Recordkeeping, and Public Information

Section 5600 Notice of the Existence, Use, Purchase, Sale or Change in 
Service of an UST System, except as to persons who are not owners or 
operators of underground storage tanks; 5600.1(b)
Section 5601 Registration, except 5601.1 as to tanks that store heating 
oil for use on the premises where stored; 5601.2-.3 as to payment of 
fees; 5601.10 as to persons who are not owners or operators of 
underground storage tanks
Section 5602 Recordkeeping and Reports
Section 5603 Notice of Installation, Removal, Closure-in-Place, Repair, 
Upgrade, and Testing, except 5603.5 insofar as requires permits
Section 5604 Notice of Sale of Real Property, except as to persons who 
are not owners or operators of underground storage tanks, 5604.3-.4
Section 5607 Public Record Information

  Chapter 57 Underground Storage Tanks--New Tank Performance Standards

Section 5700 Existing and New UST Systems--General Provisions, except 
5700.4, .7, .8(b)
Section 5701 New Petroleum UST Systems
Section 5702 New Hazardous Substance UST Systems
Section 5704 New Piping for UST Systems
Section 5705 Spill and Overfill Prevention Equipment for New and 
Upgraded UST Systems
Section 5706 Installation of New UST Systems, except 5706.1 insofar as 
requires compliance with District fire codes

 Chapter 58 Underground Storage Tanks--Operation and Maintenance of USTs

Section 5800 Existing UST System Upgrades
Section 5801 Tank Upgrades
Section 5802 Existing UST System Piping Upgrades
Section 5803 Spill and Overfill Prevention Equipment Upgrades
Section 5804 Tank Tightness Testing upon Upgrade

 Chapter 59 Underground Storage Tanks--Operation and Maintenance of USTs

Section 5900 Spill and Overfill Control, except 5900.1-.3, .7 as to 
``agent in charge;'' .10 as to ``responsible party''
Section 5901 Tank Corrosion Protection
Section 5902 Repair or Replacement of UST Systems
Section 5903 Compatibility
Section 5904 Walkthrough Inspections, except 5904.5

         Chapter 60 Underground Storage Tanks--Release Detection

Section 6000 Release Detection--General Provisions
Section 6001 Release Detection Recordkeeping
Section 6002 Release Detection for Hazardous Substance UST Systems
Section 6003 Release Detection for Petroleum UST System Tanks, except 
6003.4
Section 6004 Release Detection for Petroleum UST System Piping
Section 6005 Inventory Control and Statistical Inventory Reconciliation
Section 6006 Manual Tank Gauging
Section 6007 Tank Tightness Testing
Section 6008 Automatic Tank Gauging
Section 6009 Vapor Monitoring
Section 6010 Groundwater Monitoring
Section 6011 Interstitial Monitoring
Section 6012 Statistical Inventory Reconciliation
Section 6013 Other Methods of Release Detection

              Chapter 61 Underground Storage Tanks--Closure

Section 6100 Temporary Closure, except 6100.4
Section 6101 Permanent Closure and Change-In-Service
Section 6102 Previously Closed UST Systems
Section 6103 Closure Records

      Chapter 62 Underground Storage Tanks--Reporting of Releases, 
     Investigation, Confirmation, Assessment, and Corrective Action

Section 6200 Obligations of Responsible Parties--Releases, Spills, and 
Overfills
Section 6201 Reporting and Cleanup of Spills and Overfills

[[Page 702]]

Section 6202 Reporting of Releases of Regulated Substances, except 
6202.2
Section 6203 Site Investigation, Confirmation of Release, Initial 
Abatement, and Initial Site Assessment
Section 6204 Removal of Free Product
Section 6205 Comprehensive Site Assessment
Section 6206 Risk-Based Corrective Action (RBCA) Process
Section 6207 Corrective Action Plan and Its Implementation
Section 6208 Tier 0 Standards
Section 6209 Tiers 1 and 2 Standards
Section 6210 No Further Action and Case Closure Requirements, except 
6210.8 insofar as requires permits
Section 6211 Public Participation in Corrective Action

Chapter 64 Underground Storage Tanks--Corrective Action by the District 
                            and Cost Recovery

Section 6400 Corrective Action by the District
Section 6401 Cost Recovery

Chapter 65 Underground Storage Tanks--Licensing, Certification, Operator 
                   Requirements, and Operator Training

Section 6500 Licensing and Certification of UST System Installers, 
Removers, Testers, and Technicians, except 6500.1-.4, .6-.10
Section 6502 Operator Designation
Section 6503 Operator Training and Training Program Approval

     Chapter 67 Underground Storage Tanks--Financial Responsibility

Section 6700 Petroleum UST Systems
Section 6701 Financial Responsibility Mechanisms
Section 6702 Financial Responsibility Records and Reports
Section 6703 Financial Test of Self-Insurance
Section 6704 Financial Test of Self-Insurance: Test A
Section 6705 Financial Test of Self-Insurance: Test B
Section 6706 Guarantees
Section 6707 Insurance and Risk Retention Group Coverage
Section 6708 Surety Bonds
Section 6709 Letter of Credit
Section 6710 Private Trust Funds
Section 6711 Standby Trust Funds
Section 6712 Drawing on Financial Assurance Mechanism
Section 6713 Replenishment of Guarantees, Letters of Credit, or Surety 
Bonds
Section 6714 Cancellation or Non-Renewal of Financial Assurance
Section 6715 Bankruptcy or Incapacity
Appendix 67-1 Certification of Financial Responsibility
Appendix 67-2 Financial Test of Self Insurance Letter From Chief 
Financial Officer
Appendix 67-3 Guarantee
Appendix 67-4 Certificate of Insurance
Appendix 67-5 Endorsement
Appendix 67-6 Performance Bond
Appendix 67-7 Irrevocable Standby Letter of Credit
Appendix 67-8 Trust Agreement
Appendix 67-9 Certification of Valid Claim

            Chapter 70 Underground Storage Tanks--Definitions

Section 7099 Definitions, except 7099.1 the definitions of ``agent in 
charge,'' ``authorized agent,'' ``voluntary remediating party,'' and 
``voluntary remediation'' and the definitions of ``real property owner'' 
and ``responsible party'' insofar as each definition includes persons 
who are not owners or operators of underground storage tanks

    (2) [Reserved]

                                 Georgia

    (a) The statutory provisions include: Official Code of Georgia 
Annotated (2017), Title 12: ``Conservation and Natural Resources,'' 
Chapter 13, ``Georgia Underground Storage Tank Act'':
    Section 12-13-1 Short title.
    Section 12-13-2 Public policy.
    Section 12-13-3 Definitions, except (8) and (16).s
    Section 12-13-4 Exceptions to chapter.
    Section 12-13-9 Establishing financial responsibility; claims 
against the guarantor; Underground Storage Tank Trust Fund, except (d) 
through (i).
    Section 12-13-13 Notification by owner of underground storage tank, 
except (e).
    (b) The regulatory provisions include: Rules and Regulations of the 
State of Georgia (November 6, 2017), Department 391: ``Rules of the 
Georgia Department of Natural Resources,'' Chapter 3, ``Environmental 
Protection,'' Subject 15, ``Underground Storage Tank Management'':
    Section 391-3-15-.01(3) General Provisions
    Section 391-3-15-.02 UST Exclusions.
    Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i), and 
(1)(p) through (r).
    Section 391-3-15-.05 UST Systems: Design, Construction, 
Installation, and Notification, except (4).
    Section 391-3-15-.06 General Operating Requirements.
    Section 391-3-15-.07 Release Detection.
    Section 391-3-15-.08 Release Reporting, Investigation, and 
Confirmation.
    Section 391-3-15-.09 Release Response and Corrective Action for UST 
Systems Containing Petroleum, except (5) and (7).
    Section 391-3-15-.10 Release Response and Corrective Action for UST 
Systems Containing Hazardous Substances.

[[Page 703]]

    Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
    Section 391-3-15-.12 Underground Storage Tanks Containing Petroleum; 
Financial Responsibility Requirements, except (3).
    Section 391-3-15-.16 Operator Training.
    Section 391-3-15-.17 Airport Hydrant Systems and Field Constructed 
Tanks.
    (c) Copies of the Georgia statutes that are incorporated by 
reference are available from LexisNexis, Attn: Official Code of Georgia 
Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone 
number: 1-800-833-9844; website: http://sos.ga.gov/ index.php/ 
elections/ georgia_code_-_lexis nexis. Copies of the Georgia regulations 
that are incorporated by reference are available from the Administrative 
Procedures Division, Office of the Georgia Secretary of State, 5800 
Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; 
website: http://rules.sos.ga.gov/ gac/391-3-15.

                                 Hawaii

    (a) The statutory provisions include:
    (1) Hawaii Revised Statutes, Chapter 342L, Underground Storage 
Tanks.
    Section 342L-1 Definitions (except ``complaint'' insofar as it sets 
forth enforcement authorities; ``owner'' insofar as it includes persons 
who hold indicia of ownership to protect an interest in a tank system; 
``permit'' insofar as it sets forth a permitting program; and 
``regulated substance'' insofar as it includes other substances as 
designated by the Department)
    Section 342L-7.5 Record maintenance
    Section 342L-30 Notification requirements (except paragraph (i) of 
this section insofar as it grants the Department authority to assess 
penalties for noncompliance)
    Section 342L-32 Standards for tanks and tank systems
    Section 342L-33 Release detection
    Section 342L-34 Reporting of releases
    Section 342L-35 Response to suspected or confirmed releases
    Section 342L-36 Financial responsibility
    Section 342L-37 Underground storage tank and tank system change in 
service and closure requirements
    Section 342L-50 Definitions (except ``owner'' insofar as it defines 
lenders as operators and subjects such lenders to requirements other 
than the corrective action requirements)
    (2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
    Section 342D-1 Definitions
    Section 342D-4 Duties; rules
    Section 342D-7 Variances (Insofar as paragraph (a) of this appendix 
is applicable to the underground storage tank program)
    Section 342D-38 Hazardous substance defined
    Section 342D-50 Prohibition
    Section 342D-51 Affirmative duty to report discharges
    (3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution 
Management and Control.
    Section 342E-1 Definitions
    Section 342E-2 Nonpoint source pollution management and control 
program
    (b) The regulatory provisions include:
    (1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage 
Tanks
    Section 11-281-01 Applicability
    Section 11-281-02 Prohibition for deferred underground storage tanks 
or tank systems
    Section 11-281-03 Definitions (except ``complaint'' insofar as it 
sets forth enforcement authorities; ``farm tank'' insofar as it 
regulates tanks on farms that are not used for farm or commercial 
purposes; ``field citation'' and ``force majeure'' insofar as they 
relate to the Department's enforcement authorities; ``regulated 
substance'' insofar as the Department can designate other substances; 
``reportable quantity'' insofar as it sets forth a reporting threshold 
of 10 lbs. for trichloropropane; and ``underground storage tank'' 
insofar as its designation of farm tanks exceeds the scope of the 
federal regulations)
    Section 11-281-11 Performance standards for underground storage 
tanks and tank systems
    Section 11-281-12 Tank requirements
    Section 11-281-13 Piping requirements
    Section 11-281-14 Spill and overfill prevention equipment
    Section 11-281-15 Installation
    Section 11-281-16 Certification of installation
    Section 11-281-17 Secondary containment
    Section 11-281-18 Upgrading of existing underground storage tanks 
and tank systems
    Section 11-281-21 Notification requirements for tanks brought into 
use before the effective date of these rules
    Section 11-281-22 Notification requirements for tanks brought into 
use on or after the effective date of these rules
    Section 11-281-24 Application for a permit (except insofar as 
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the 
permitting program)
    Section 11-281-25 Permit (except insofar as paragraphs (a) and (b) 
of this section relate to the permitting program)
    Section 11-281-41 Spill and overfill control
    Section 11-281-42 Operation and maintenance of corrosion protection 
systems
    Section 11-281-43 Compatibility
    Section 11-281-44 Repairs
    Section 11-281-45 Reporting and recordkeeping (except paragraph 
(b)(3) of this section insofar as it addresses posting of

[[Page 704]]

signs; and paragraph (c)(6) insofar as it requires maintenance of permit 
records)
    Section 11-281-51 General requirements for all underground storage 
tanks or tank systems
    Section 11-281-52 Methods of release detection for tanks
    Section 11-281-53 Methods of release detection for piping
    Section 11-281-54 Release detection recordkeeping
    Section 11-281-61 Reporting of suspected releases
    Section 11-281-62 Investigation of off-site impacts
    Section 11-281-63 Release investigation and confirmation steps
    Section 11-281-64 Reporting and cleanup of spills and overfills
    Section 11-281-71 General
    Section 11-281-72 Immediate response actions
    Section 11-281-74 Initial abatement measures and site assessment
    Section 11-281-75 Initial site characterization
    Section 11-281-76 Free product removal
    Section 11-281-77 Investigation of soil and ground water 
contamination
    Section 11-281-78 Site cleanup criteria
    Section 11-281-78.1 Notification of confirmed releases
    Section 11-281-79 Corrective action plan
    Section 11-281-80 Public participation for corrective action plans 
[except paragraph (j) insofar as it sets forth enforcement authorities]
    Section 11-281-80.1 Reporting and recordkeeping
    Section 11-281-81 Temporary closure
    Section 11-281-82 Permanent closure and change-in-service
    Section 11-281-83 Site assessment
    Section 11-281-84 Previously closed underground storage tanks or 
tank systems
    Section 11-281-85 Closure records
    Section 11-281-91 Applicability
    Section 11-281-93 Definition of terms
    Section 11-281-94 Amount and scope of required financial 
responsibility
    Section 11-281-95 Allowable mechanisms and combinations of 
mechanisms
    Section 11-281-96 Financial test of self-insurance
    Section 11-281-97 Guarantee
    Section 11-281-98 Insurance and risk retention group
    Section 11-281-99 Surety bond
    Section 11-281-100 Letter of credit
    Section 11-281-101 Trust fund
    Section 11-281-102 Standby trust fund
    Section 11-281-103 Local government bond rating test
    Section 11-281-104 Local government financial test
    Section 11-281-106 Local government guarantee
    Section 11-281-107 Local government fund
    Section 11-281-108 Substitution of financial assurance mechanisms by 
owner or operator
    Section 11-281-109 Cancellation or nonrenewal by a provider of 
financial assurance
    Section 11-281-110 Reporting by owner or operator
    Section 11-281-111 Recordkeeping
    Section 11-281-112 Drawing on financial assurance mechanisms
    Section 11-281-113 Release from financial responsibility
    Section 11-281-114 Bankruptcy or other incapacity of owner or 
operator or provider of financial assurance
    Section 11-281-115 Replenishment of guarantees, letters of credit, 
or surety bonds
    Section 11-281-131 Appendices I and III (Notification for 
Underground Storage Tanks, June 1999 and Certification of Underground 
Storage Tank Installation, June 1999)
    (2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste 
Management: Standards for Owners and Operators of Hazardous Waste 
Treatment, Storage, and Disposal Facilities, Subpart J, Tank Systems.
    Section 11-264-190 Applicability
    Section 11-264-191 Assessment of existing tank system's integrity
    Section 11-264-192 Design and installation of new tank systems or 
components
    Section 11-264-193 Containment and detection of releases
    Section 11-264-194 General operating requirements
    Section 11-264-195 Inspections
    Section 11-264-196 Response to leaks or spills and disposition of 
leaking or unfit-for use tank systems
    Section 11-264-197 Closure and post-closure care
    Section 11-264-198 Special requirements for ignitable or reactive 
wastes
    Section 11-264-199 Special requirements for incompatible wastes
    Section 11-264-200 Air emission standards

                                  Idaho

    (a) The statutory provisions include:
    (1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1, 
``Environmental Quality--Health'': Section 39-103, ``Definitions,'' 39-
103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, ``Board--
Composition--Officers--Compensation--Powers--Subpoena--Depositions--
Review--Rules,'' 39-107(7).
    (2) Idaho Code, Title 39, ``Health and Safety,'' Chapter 88, ``Idaho 
Underground Storage Tank Act'': Sections 39-8803, ``Definitions,'' -
8804, ``Program Scope,'' -8805, ``Rules Governing Underground Storage 
Tank Systems,'' -8805A, ``Compliance Dates for Certain

[[Page 705]]

Rules,'' -8806, ``Additional Measures to Protect Ground Water,'' -8807, 
``Operator Training,'' -8808, ``Inspections,'' -8809, ``Delivery 
Prohibition,'' and -8810, ``Underground Storage Tank Database.''
    (b) The regulatory provisions include:
    (1) Idaho Administrative Code 58, Title 01, Chapter 07:
    Section 004 Incorporation by Reference;
    Section 010 Definitions (except 010.16, defining ``Replace'');
    Section 100 Additional Measures to Protect Ground Water from 
Contamination (except 100.01-.03);
    Section 101 Alternative Periodic Testing of Containment Sumps Used 
for Interstitial Monitoring of Piping;
    Section 300 Training Requirements.
    (2) Idaho Administrative Code 58, Title 01, Chapter 24.
    (c) Copies of the Idaho provisions that are incorporated by 
reference are available from Idaho's Office of Administrative Rules 
Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-
1820; website: https://adminrules .idaho.gov/.

                                  Iowa

    (a) The statutory provisions include Code of Iowa, 1993; Chapter 
455B, Jurisdiction of Department:
    Section 101--Definitions
    Section 103--Director's duties, except for 455B.103(4)
    Section 105--Powers and duties of the commission, except for 105(5), 
105(11)a(3) and 105(11)b
    Section 471--Definitions
    Section 472--Declaration of policy
    Section 473--Report of existing and new tanks--fee
    Section 473A--Petroleum underground storage tank registration 
amnesty program
    Section 474--Duties of Commission--rules
    Section 479--Storage tank management fee, except for the 2nd and 3rd 
sentences
    (b) The regulatory provisions include Iowa Administrative Code, 
1993, Rule 567, Environmental Protection Commission:
    Chapter 131.1--Definitions
    Chapter 131.2--Report of Hazardous Conditions
    Chapter 133.1--Scope
    Chapter 133.2--Definitions
    Chapter 133.3--Documentation of contamination and source
    Chapter 133.4--Response to contamination
    Chapter 133.5--Report to commission
    Chapter 135.1--Authority, purpose and applicability
    Chapter 135.2--Definitions
    Chapter 135.3--UST systems--design, construction, installation, and 
notification, except for 135.3(4)a, 3(4)b and 3(4)c
    Chapter 135.4--General operating requirements
    Chapter 135.5--Release detection
    Chapter 135.6--Release reporting, investigation, and confirmation
    Chapter 135.7--Release response and corrective action for UST 
systems containing petroleum or hazardous substances
    Chapter 135.8--Site cleanup report
    Chapter 135.9--Out-of-service UST systems and closure
    Chapter 135.10--Laboratory analytical methods for petroleum 
contamination of soil and groundwater
    Chapter 135.11--Evaluation of ability to pay
    Chapter 136.1--Applicability
    Chapter 136.2--Compliance dates
    Chapter 136.3--Definition of terms
    Chapter 136.4--Amount and scope of required financial responsibility
    Chapter 136.5--Allowable mechanisms and combinations of mechanisms
    Chapter 136.6--Financial test of self-insurance
    Chapter 136.7--Guarantee
    Chapter 136.8--Insurance and risk retention group coverage
    Chapter 136.9--Surety bond
    Chapter 136.10--Letter of credit
    Chapter 136.11--Trust fund
    Chapter 136.12--Standby trust fund
    Chapter 136.13--Local government bond rating test
    Chapter 136.14--Local government financial test
    Chapter 136.15--Local government guarantee
    Chapter 136.16--Local government fund
    Chapter 136.17--Substitution of financial assurance mechanisms by 
owner or operator
    Chapter 136.18--Cancellation or nonrenewal by a provider of 
financial assurance
    Chapter 136.19--Reporting by owner or operator
    Chapter 136.20--Record keeping
    Chapter 136.21--Drawing on financial assurance mechanisms
    Chapter 136.22--Release from the requirements
    Chapter 136.23--Bankruptcy or other incapacity of owner or operator 
or provider of financial assurance
    Chapter 136.24--Replenishment of guarantees, letters of credit, or 
surety bonds.

                                 Kansas

    (a) The statutory provisions include Kansas Statutes Annotated, 
2015; Chapter 65, Public Health; Article 34, Solid and Hazardous Waste; 
Section 100 et seq., Kansas Storage Tank Act:
    Section 100 Statement of legislative findings
    Section 101 Citation of Act
    Section 102 Definitions
    Section 103 Exceptions to application of Act

[[Page 706]]

    Section 104 Notification to department of tank's existence
    Section 105 Rules and regulations, except for 65-34, 105 (a)(2), the 
following words in (a)(8), ``including determination of the 
qualifications of persons performing or offering to perform such 
testing,'' (a)(10), (a)(11), (a)(12) and the following words in (a)(13), 
``and aboveground storage tanks in existence on July 1, 1992'' and ``and 
aboveground storage tanks placed in service prior to July 1, 1992''
    Section 106 Permit to construct, install, modify, or operate storage 
tank, except the following words in the title and (a), ``construct, 
install, modify or'' and ``and any aboveground storage tank registered 
with the department on July 1, 1992,''
    Section 107 Evidence of financial responsibility required; 
limitation of liability
    Section 115 Liability for costs of corrective action
    Section 118 Corrective action; duties of owners and operators; 
duties of Secretary; consent agreement; contents, except for the 
following words in (b), ``or from the aboveground fund, if the release 
was from an aboveground petroleum storage tank.'' and ``or from the 
aboveground fund, if the release was from an aboveground petroleum 
storage tank.''
    Section 135 Underground storage tank operators, training program, 
requirements
    Section 138 Underground storage tank systems; secondary containment
    (b) The regulatory provisions include Kansas Administrative 
Regulations, 2020; Chapter 28, Department of Health and Environment; 
Article 44, Petroleum Products Storage Tanks:
    Section 12 General provisions, except (c) and (d)
    Section 13 Program scope and interim prohibition
    Section 14 Definitions
    Section 16 Underground storage tank systems: Design, construction, 
installation, modification, and notification
    Section 17 Underground storage tank registration and operating 
permit, except (b), the following words in (c), ``be assessed a penalty 
fee of $50.00 for each tank if the owner fails to'', (d), (e), and (f)
    Section 19 General operating requirements
    Section 23 Release detection
    Section 24 Release reporting, investigation, and confirmation
    Section 25 Release response and corrective action for UST systems
    Section 26 Out-of-service UST systems and closure
    Section 27 Financial responsibility
    Section 30 Operating training and requirements
    Section 31 UST systems with field-constructed tanks and airport 
hydrant fuel distribution systems

                                Kentucky

    (a) The statutory provisions include:
    (1) Kentucky Revised Statutes (KRS) Chapter 224.
    224.60-100 Underground storage tanks and regulated substances 
defined.
    224.60-105(1) Registration of underground storage tanks--Programs to 
regulate tanks.
    224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
    224.60-120 Financial responsibility of petroleum storage tank owner 
or operator--Administrative regulations, except (6).
    224.60-135(1) Corrective action for a release into the environment 
from a petroleum storage tank, except the second sentence in (1).
    (2) [Reserved]
    (b) The regulatory provisions include:
    (1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
    401 KAR 42:005. Definitions for 401 KAR Chapter 42.
    401 KAR 42:020. UST system requirements, notification, registration, 
and annual fees.
    Section 1. Applicability and Exclusions.
    Section 2. Notification, Registration, and Annual Fees, except 
(1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
    Section 3. Temporary Closure, except (1).
    Section 4. Performance Standards for New UST Systems.
    Section 5. Upgrading of Existing UST Systems.
    Section 6. Double Walled Tanks and Piping Requirements.
    Section 8. Spill Containment Devices (Spill Buckets and Catch 
Basins).
    Section 9. Overfill Prevention Requirements.
    Section 10. Under-dispenser Containment (UDC) and Sump Requirements.
    Section 11. Corrosion Protection Operation and Maintenance, except 
certain language in (4) and (9).
    Section 12. Compatibility.
    Section 13. Repairs, except (2).
    Section 14. Noncorrodible Piping.
    Section 15. Release Detection, except (6) and (7).
    Section 16. Operator Training Requirements.
    Section 17. Walkthrough Inspections.
    Section 19. Recordkeeping.
    Section 20. Financial Responsibility.
    Section 21. Lender Liability.
    Section 23. Incorporation by Reference.
    401 KAR 42:060. UST system release and corrective action 
requirements.
    Section 1. Reporting for Releases, Spills, and Overfills.
    Section 3. Off-Site Impacts.
    Section 4. Release Investigation and Confirmation.
    Section 5. Release Response and Corrective Action.

[[Page 707]]

    Section 6. Permanent Closure or Change in Service.
    Section 10. Incorporation by Reference.
    (2) [Reserved]

                                Louisiana

    (a) The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part XI. Underground 
Storage Tanks; effective September 20, 2018:

           1. Chapter 1. Program Applicability and Definitions

Section 101. Applicability
Section 103. Definitions except for sections a.i, iv, and v of the 
definition of owner; and the definitions of on staff, registered tank, 
response action contractor, and technical services

  2. Chapter 3. Registration Requirements, Standards, and Fee Schedule

Section 301. Registration Requirements, all sections except 301.C.6
Section 303. Standards for UST Systems
Section 305. Installation Requirements for Partially-Deferred UST 
Systems

              3. Chapter 5. General Operating Requirements

Section 501. Spill and overfill Control
Section 503. Operation and Maintenance of Corrosion Protection
Section 505. Compatibility
Section 507. Repairs Allowed
Section 509. Reporting and Recordkeeping
Section 511. Periodic Testing of Spill Prevention Equipment and 
Containment Sumps used for Interstitial Monitoring of Piping and 
Periodic Inspection of Overfill Prevention Equipment
Section 513. Periodic Operation and Maintenance Walkthrough Inspection

4. Chapter 6. Training Requirements for Underground Storage Tank System 
                                Operators

Section 601. Purpose
Section 603. Underground Storage Tank Operator Classes
Section 605. Acceptable UST Operator Training and Certification 
Processes
Section 607. Underground Storage Tank Operator Training Deadlines
Section 609. Underground Storage Tank Operator Training Frequency
Section 611. Documentation of Underground Storage Tank Operator Training

   5. Chapter 7. Methods of Release Detection and Release Reporting, 
                Investigation, Confirmation, and Response

Section 701. Methods of Release Detection
Section 703. Requirements for Use of Release Detection Methods
Section 705. Release Detection Recordkeeping
Section 707. Reporting of Suspected Releases
Section 709. Investigation Due to Off-Site Impacts
Section 711. Release Investigation and Confirmation Steps
Section 713. Reporting and Cleanup of Spills and Overfills
Section 715. Release Response and Corrective Action for UST Systems 
Containing Petroleum, Motor Fuel, or Hazardous Substances, all sections 
except the last sentence of 715.A, and 715.H

   6. Chapter 8. UST Systems with Field-Constructed tanks and Airport 
                    Hydrant Fuel Distribution Systems

Section 801. General Requirements
Section 803. Additions, Exceptions, and Alternatives for UST Systems 
with Field-Constructed Tanks and Airport Hydrant Systems

          7. Chapter 9. Out-of-Service UST Systems and Closure

Section 901. Applicability to Previously Closed UST Systems
Section 903. Temporary Closure
Section 905. Permanent Closure and Changes-in-Service
Section 907. Assessing the Site at Closure or Change-in-Service

                 8. Chapter 11. Financial responsibility

Section 1101. Applicability
Section 1103. Compliance Dates
Section 1105. Definition of Terms
Section 1107. Amount and Scope of Required Financial Responsibility
Section 1109. Allowable Mechanisms and Combinations of Mechanisms
Section 1111. Financial Test of Self-Insurance
Section 1113. Guarantee
Section 1115. Insurance and Risk Retention Group Coverage
Section 1117. Surety Bond
Section 1119. Letter of Credit
Section 1123. Trust Fund
Section 1125. Standby Trust Fund
Section 1127. Substitution of Financial Assurance Mechanisms by Owner or 
Operator
Section 1129. Cancellation or Nonrenewal by a Provider of Financial 
Assurance
Section 1131. Reporting by Owner or Operator
Section 1133. Recordkeeping
Section 1135. Drawing on Financial Assurance Mechanisms
Section 1137. Release from the Requirements
Section 1139. Bankruptcy or Other Incapacity of Owner or Operator or 
provider of Financial Assurance
Section 1141. Replenishment of Guarantees, Letters of Credit, or Surety 
Bonds


[[Page 708]]


    (b) Copies of the Louisiana UST regulations that are incorporated by 
reference are available from the Louisiana Office of the State Register, 
P.O. Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-
5015; website: https://www.doa.la.gov/ Pages/osr/ lac/LAC-33.aspx; or 
Louisiana Department of Environmental Quality's website: http://
www.deq.louisiana.gov/ resources/ category/ regulations-lac-title-33.

                                  Maine

    (a) The statutory provisions include:

    Maine Revised Statutes Annotated, Title 38. Waters and Navigation

  1. Chapter 2. Department of Environmental Protection, Subchapter 1. 
                         Organization and Powers

    Section 341-A. Department of Environmental Protection, Section 341-
H. Departmental rulemaking, Section 342-B. Liability of fiduciaries and 
lenders, Section 343-E. Voluntary response action program, Section 347-
C. Right of inspection and entry.

2. Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil 
               Discharge Prevention and Pollution Control

    Section 541. Findings; purpose, Section 542. Definitions, Section 
543. Pollution and corruption of waters and lands of the State 
prohibited, Section 548. Removal of prohibited discharges.

3. Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil 
             Storage Facilities and Ground Water Protection.

    Section 561. Findings, purpose, Section 562-A. Definitions, Section 
563. Registration and inspection of underground oil storage tanks and 
piping, except 9., Section 563-A. Prohibition of nonconforming 
underground oil storage facilities and tanks, Section 563-B. Regulatory 
powers of department, Section 564. Regulation of underground oil storage 
facilities used to store motor fuels or used in the marketing and 
distribution of oil, except 5., Section 566-A. Abandonment of 
underground oil storage facilities and tanks, Section 567-A. 
Certifications, Section 568. Cleanup and removal of prohibited 
discharges, except 3. and 4., Section 568-A. Fund coverage requirements, 
Section 568-B. Clean-up and Response Review Board created, Section 569-
C. Limited exemption from liability for state or local governmental 
entities, Section 570. Liability, Section 570-F. Special provisions, 
Section 570-K. Aboveground oil storage facilities, Section, Section 570-
N. Rules, wastewater treatment tank systems.

                  4. Chapter 13-D: Wellhead Protection.

    Section 1391. Declaration of Policy, Section 1392. Definitions, 
Section 1393. Prohibition on installation of facilities in wellhead 
protection zones, Section 1394. Variances, Section 1398. Eligibility for 
Clean-up funds, Section 1399. Municipal authority, Section 1400. Rules.
    (b) The regulatory provisions include:
    1. 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground 4il Storage Facilities: (effective September 
26, 2018).
    Section 1. Legal Authority, Section 2. Preamble; Section 3. 
Definitions, Section 4. Registration of Underground Storage Facilities, 
except O; Section 5. Regulation of Underground Oil Storage Facilities 
Used to Store Motor Fuels or Used in the Marketing and Distribution of 
Oil, except B. (4)(a), (d), (g), (h), and (j); (5)(b); D. (3)(f); 
(6)(b); (11)(e); (14)(c); (15)(f)(vii); (17); (19)(b); and F.; Section 
7. Regulation of Facilities for the Underground Storage of Waste Oil, 
except B. (7); Section 8. Regulation of Field Constructed Underground 
Oil Storage Tanks, except B. (1)(d) and (e) and (4)(b), (d), and (e); 
Section 9. Regulation of Facilities for the Underground Storage of Heavy 
Oils, except B.; Section 10. Regulation of Airport Hydrant Systems, 
except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. 
Regulations for Closure of Underground Oil Storage Facilities; Section 
12. Discharge and Leak Investigation, Response and Corrective Action 
Requirements, except A. (3); Section 13. Regulation of Wastewater 
Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX A: 
Requirements for Cathodic Protection Monitoring, APPENDIX B: 
Requirements for Tank, Piping and Containments Sump Tightness Tests, 
APPENDIX C: Requirements for Pneumatic (Air) and other Pre installation 
Tightness Testing, APPENDIX D: Installation Requirements Applicable to 
New and Replacement Tanks, APPENDIX E: Installation Requirements for New 
and Replacement Piping, APPENDIX F: Specifications and Requirements for 
Vertical Ground Water Monitoring Wells at Existing Facilities, APPENDIX 
H: Procedures for Weekly Monitoring, Handling, and Obtaining Samples for 
Laboratory Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, 
APPENDIX J: Requirements for Abandonment of Underground Oil Storage 
Tanks by Removal, APPENDIX K: Requirements for Abandonment of 
Underground Oil Storage Tanks by Filling in Place, APPENDIX L: 
Requirements for Underground Oil Storage Tank Processing Facilities, 
APPENDIX M: Cathodic Protection Tester Certification Requirements, 
APPENDIX N: Corrosion Expert Certification Requirements, APPENDIX P: 
Requirements for Site Assessment at Facility Closure or Tank 
Abandonment, APPENDIX Q: Characterization and Notification Requirements, 
APPENDIX R: List of National Standards and Codes Cites, APPENDIX S: 
Department Approved Laboratory Analytical Methods

[[Page 709]]

and Performance Standards for Analysis of Oil and its Constituents in 
Water, Soil, Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & 
Spill Bucket Integrity Testing Protocol & Management of Waste Fluids.
    2. 06-096, Department of Environmental Protection; Chapter 693: 
Operator Training for Underground Oil, Hazardous Substance, and Field 
Constructed Underground Oil Storage Facilities, and Airport Hydrant 
Systems (effective September 26, 2018) only insofar as they pertain to 
the regulation of underground storage tanks in Maine and only insofar as 
they are incorporated by reference and are not broader in scope than the 
Federal requirements.

                              Massachusetts

    (a) The statutory provisions include:

              Massachusetts General Laws, Part I, Title II

    1. Chapter 21E, Massachusetts Oil and Hazardous Material Release 
Prevention and Response Act
    Section 1: Short title; Section 2: Definitions; Section 3: 
Implementation; regulations; response actions; Section 7: Notice of 
release or threat of release.
    2. Chapter 21O, Operation and Removal of Underground Storage Tanks
    Section 2: Notification of operation of underground storage tanks; 
definitions; Section 3: Notification of operation of underground storage 
tanks; requirements; exceptions; Section 5: Notification of operation of 
underground storage tanks; regulations for requirements and standards of 
tanks;
    (b) The regulatory provisions include:
    1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, 
Underground Storage Tank Systems: (effective January 2, 2015)
    General Provisions Section, 80.01: Authority; 80.02: Purpose; 80.03: 
Definitions; 80.04: Applicability, (1) through (13), except (6)(c), and 
(8) through (12); 80.05: Rules of Construction; 80.06: Computation of 
Time; 80.07: Accurate and Timely Submittals to the Department and Record 
Keeping; 80.08: Accurate and Complete Record Keeping; 80.09: Accurate 
Monitoring; 80.11: Submittals to the Department.
    Design, Construction and Installation Requirements Section, 80.14: 
General Requirements; 80.15: General Prohibitions; 80.16: Installation 
Requirements, except (7); 80.17: Specifications for Tanks; 80.18: 
Specifications for Regulated Substance Piping; 80.19: Leak Detection; 
80.20: Requirements for Turbine, Intermediate and Dispenser Sumps; 
80.21: Requirements for Spill Buckets and Overfill Prevention Equipment; 
80.22: Requirements for Corrosion Protection.
    General Operating Requirements Section, 80.23: Requirements for 
Registration and Reporting; 80.24: General Requirements; 80.25: 
Requirements for a UST system or UST Component Emergency Response; 
80.26: Requirements for Leak Detection Systems; 80.27: Requirements for 
Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements for Spill 
Buckets and Overfill Prevention Equipment; 80.29: Requirements for 
Corrosion Protection; 80.30: Requirements for Compatibility; 80.31: 
Requirements for Inventory Monitoring; 80.32: Requirements for Tank and 
Pipe/Line Tightness Testing; 80.33: Requirements for Repairs and 
Replacements; 80.35: Requirements for Monthly Inspections; 80.36: 
Requirements for Recordkeeping.
    Leakage and Release: Response, Reporting and Remediation Section, 
80.38: Response to a Release; 80.39: Response to Leakage; 80.40: 
Reportable Releases.
    Change-In-Product, Out of Service Systems and Closure Section, 
80.41: Requirements for Change-in-product; 80.42: Requirements for 
Taking a UST System Temporarily Out-of-service; 80.43: Requirements for 
Removal and Permanent Closure In-place; 80.44: Requirements for Out-of-
use UST Systems; 80.45: Requirements for Bringing Out-of-use UST Systems 
Back into Service; 80.46: Requirements for Previously Closed-in-place 
UST Systems; 80.47: Standards for Cleaning and Closure.
    Financial Responsibility Section, 80.51: Definitions; 80.52: 
Requirements for Amount and Scope of Financial Responsibility; 80.53: 
Allowable Mechanisms and Combinations of Mechanisms; 80.54: Requirements 
for Financial Responsibility Mechanisms; 80.55: Requirements for a 
Standby Trust; 80.56: Substitution of Financial Assurance Mechanisms by 
Owner or Operator; 80.57: Cancellation or Nonrenewal by a Provider of 
Financial Assurance; 80.58: Requirements for Reporting by Owner or 
Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements for 
Drawing on Financial Assurance Mechanisms; 80.61: Release from Financial 
Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity of 
Owner or Operator or Provider of Financial Assurance; 80.63: 
Requirements for Replenishment of Local Government Guarantees, Letters 
of Credit, or Surety Bonds.
    2. Code of Massachusetts Regulations, Title 310 CMR Chapter 40: 
Massachusetts Contingency Plan (effective April 24, 2014) only insofar 
as they pertain to the regulation of underground storage tanks in 
Massachusetts and only insofar as they are incorporated by reference and 
are not broader in scope than the federal requirements. Note that 
reserved sections of 310 CMR 40.0000 et seq. are not incorporated by 
reference:
    Subpart A: General Provisions, except 40.0010 through 40.0013, 
40.0016, 40.0019 through 40.0021, 40.0050, 40.0051; Subpart B: 
Organization and Responsibilities, except 40.0160, 40.0165, 40.0166, 
40.0169, 40.0171); Subpart C: Notification of Releases and Threats of 
Release of Oil and Hazardous Material;

[[Page 710]]

Identification and Listing of Oil and Hazardous Material; Subpart D: 
Preliminary Response Actions and Risk Reduction Measures; Subpart E: 
Tier Classification and Response Action Deadlines; Subpart H: 
Comprehensive Response Actions; Subpart I: Risk Characterization; 
Subpart J: Permanent and Temporary Solutions; Subpart K: Audits; Subpart 
L: Cost Recovery, Lien Hearings and Petitions for Reimbursement of 
Incurred Costs; Subpart M: Administrative Record; Subpart N: Public 
Involvement and Technical Assistance Grants.
    (c) Official copies of the Massachusetts statutes and regulations 
that are incorporated by reference, are available at: State Bookstore, 
State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; 
Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: http://
www.sec.state.ma.us/ spr/sprcat/ catidx.htm.

                                Minnesota

    (a) The statutory provisions include:
    (1) Minnesota Statutes, Chapter 13, Government Data Practices
M. S. 13.01 Government Data
M. S. 13.02 Collection, security, and dissemination of records; 
definitions
M. S. 13.03 Access to government data
M. S. 13.04 Rights of subjects of data
M. S. 13.05 Duties of responsible authority
M. S. 13.06 Temporary classification
M. S. 13.07 Duties of the commissioner
M. S. 13.3806 Public health data coded elsewhere; subd. 1-3, 6, 10, 20: 
Scope; Certain epidemiologic studies; Public health studies; Health 
records; Health threat procedures; Hazardous substance exposure
M. S. 13.741 Pollution control; environmental quality data
M. S. 13.7411 Pollution control and environmental quality data coded 
elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance 
schedules; Office of environmental assistance; Environmental response 
and liability; Petroleum tank release; Toxic pollution prevention plans
    (2) Minnesota Statutes, Chapter 115, Water Pollution Control; 
Sanitary Districts
M. S. 115.01 Definitions
M. S. 115.061 Duty to notify and avoid water pollution
    (3) Minnesota Statutes, Chapter 115B, Environmental Response and 
Liability
M. S. 115B.17 State Response to Releases; subd. 1-3, 12-14: Removal and 
remedial action; Other actions; Cleanup standards; Public notice of 
proposed response actions; Duty to provide information; Authorization of 
certain response actions; Priorities; rules; Requests for review, 
investigation, and oversight
    (4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup
M. S. 115C.01 Citation
M. S. 115C.02 Definitions
M. S. 115C.021 Responsible person
M. S. 115C.03 Response to releases [except subd. 10 insofar as it 
applies to contractors and consultants, who are not regulated under the 
federal program.]
M. S. 115C.06 Effect on other law
M. S. 115C.07 Petroleum tank release compensation board
M. S. 115C.08 Petroleum tank fund [except subd. 3, which imposes a 
petroleum tank release cleanup fee on petroleum distributors]
M. S. 115C.09 Reimbursement [except subd. 5(b) and 6, which set forth 
enforcement authorities]
M. S. 115C.092 Tank Removals; Payment for pre-removal site assessment
    (5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance 
Discharge Preparedness
M. S. 115E.01 Definitions
M. S. 115E.02 Duty to prevent discharges
    (6) Minnesota Statutes, Chapter 116, Pollution Control Agency
M. S. 116.06 Definitions
M. S. 116.46 Definitions [except subd. 8, insofar as it includes 
vessels, enclosures, or structures--which are exempt from the federal 
program--in the definition of UST.]
M. S. 116.47 Exemptions [except insofar as paragraph (2) does not 
exclude from regulation tanks of 1,100 gallon capacity or more used to 
store heating oil for consumptive purposes]
M. S. 116.48 Notification requirements [except subd. 1(b), insofar as it 
requires owners of aboveground storage tanks (ASTs) to notify the agency 
of the tank's status; subd. 2 and 6, insofar as they impose requirements 
on owners of ASTs; subd. 3, insofar as it imposes notification 
requirements on owners of ASTs removing a tank from service or changing 
the tank's service; subd. 4, insofar as it places notification 
requirements on persons transferring the title to regulated substances 
to be placed directly into an UST; and subd. 5, insofar as it imposes 
notification requirements on sellers of ASTs.]
M. S. 116.49 Environmental protection requirements
    (7) Minnesota Statutes, Chapter 299F, Fire Marshal
M. S. 299F.011 Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; 
Rules for code administration and enforcement; Applicability; local 
authority
M. S. 299F.19 Flammable liquids and explosives; subd. 1: Rules
    (b) The regulatory provisions include:
    (1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases
2890.0010 Definitions
2890.0060 Reimbursement of Costs
2890.0065 Reduction of Reimbursement Amount
2890.0070 Eligible Costs
2890.0071 Ineligible Costs

[[Page 711]]

2890.0072 Overview of Rules Governing Reasonableness of Costs for 
Consultant Services
2890.0073 Definitions Related to Consultant Services
2890.0074 Written Proposal and Invoice Required for Consultant Services
2890.0075 Reasonableness of Work Performed; Standard Tasks for Each Step 
of Consultant Services
2890.0076 Maximum Costs for Consultant Services
2890.0077 Competitive Bidding Requirements for Consultant Services 
Proposals
2890.0078 Deviations from Standard Tasks and Maximum Costs for 
Consultant Services
2890.0079 Reasonable, Necessary, and Actual Consultant Services Costs
2890.0080 Overview of Rules Governing Reasonableness of Costs for 
Contractor Services
2890.0081 Definitions Related to Contractor Services
2890.0082 Maximum Costs for Contractor Services
2890.0083 Competitive Bidding Requirements for Contractor Services
2890.0084 Deviations from Maximum Costs for Contractor Services
2890.0085 Reasonable, Necessary, and Actual Costs
2890.0086 Invoice
2890.0089 Exemptions from Competitive Bidding
2890.0090 Application Process
2890.0120 Funding of MPCA Actions
    (2) Minnesota Rules, Chapter 7045--Minnesota Pollution Control 
Agency, Hazardous Waste Division, Hazardous Waste
7045.0275 Management of Hazardous Waste Spills
    (3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control 
Agency, Water Quality Division, Underground Waters
7060.0300 Definitions
7060.0500 Nondegradation Policy
7060.0600 Standards; subp. 2, 3, 4: Prohibition against discharge into 
unsaturated zone; Control measures; Toxic pollutants
7060.0800 Determination of Compliance
    (4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control 
Agency, Water Quality Division, Underground Storage Tanks: Training
7105.0010 Definitions [except subp. 25, insofar as it includes vessels, 
enclosures, and structures--which are exempt from the federal program--
in the definition of UST.]
7105.0020 Purpose
7105.0030 General Provisions; subp. 3: Tank owner or operator 
requirements
7105.0040 Exclusions [except insofar as it does not exclude from 
regulation heating oil storage tanks with a storage capacity of greater 
than 1,100 gallons.]
    (5) Minnesota Rules, Chapter 7150--Minnesota Pollution Control 
Agency, Water Quality Division, Underground Storage Tanks Program
7150.0010 Applicability [except subp. 2, insofar as it does not exclude 
from regulation liquid traps or associated gathering lines directly 
related to oil or gas production or gas production and gathering 
operations; subp. 2(H), insofar as it does not exclude from regulation 
tanks of 1,100 gallons or more used exclusively for storing heating oil 
for consumptive use; and subp. 5, insofar as it does not exclude owners 
and operators of heating oil storage tanks with a storage capacity of 
greater than 1,100 gallons from notification requirements.]
7150.0020 Interim Standards for Deferred Underground Storage Tank 
Systems
7150.0030 Definitions [except subp. 51, insofar as it includes vessels, 
enclosures, and structures--which are exempt from the federal program--
in the definition of underground storage tanks]
7150.0100 Performance Standards for New Underground Storage Tank Systems
7150.0110 Upgrading of Existing Underground Storage Tank Systems
7150.0120 Notification Requirements
7150.0200 Spill and Overfill Control
7150.0210 Operation and Maintenance of Corrosion Protection
7150.0220 Compatibility
7150.0230 Repairs Allowed
7150.0240 Reporting and Recordkeeping
7150.0300 General Requirements for All Underground Storage Tank Systems 
[except subp. 3, insofar as it imposes release detection schedule 
requirements on hazardous material tanks not regulated under the federal 
program]
7150.0310 Requirements for Petroleum Underground Storage Tank Systems
7150.0320 Requirements for Hazardous Material Underground Storage Tank 
Systems
7150.0330 Methods of Release Detection for Tanks
7150.0340 Methods of Release Detection for Piping
7150.0350 Release Detection Recordkeeping
7150.0400 Temporary Closure
7150.0410 Permanent Closure and Changes-in-Service to Storage of 
Nonregulated Substances
7150.0420 Assessing the Site at Closure or Change in Service
7150.0430 Applicability to Previously Closed Underground Storage Tank 
Systems
7150.0440 Closure Records
    (6) Minnesota Rules, Chapter 7510--Department of Public Safety, Fire 
Marshal Division, Fire Safety
7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of 
containers [except insofar as it regulates ASTs]

                               Mississippi

    (a) The statutory provisions include:

[[Page 712]]

1. Mississippi Code of 1972, Title 49, Sections 49-17-401 through 49-17-
435, Underground Storage Tank Act of 1988, as amended.
    49-17-401 Short title
    49-17-403 Definitions
    49-17-405 Groundwater protection fund; duties of executive director; 
liability of tank owners; limitation on provisions of chapter and 
section
    49-17-407 Environmental protection fee on motor fuels; deposit of 
fees; limits on use of fund; third party claims
    49-17-409 Reports of contamination incidents; no recourse against 
tank owner; exceptions
    49-17-411 Compliance with regulations
    49-17-413 Rules and Regulations
    49-17-417 Groundwater protection advisory committee
    49-17-419 Authority of commission to take timely and effective 
corrective action; use of funds from pollution emergency fund
    49-17-421 Tank regulatory fee
    49-17-423 Commission to administer funds from Leaking Underground 
Storage Tank Trust Fund
    49-17-425 Disclosure of records, reports, and information
    49-17-433 Savings clause
    49-17-435 Annual report on status of underground storage tank 
program
    (b) The regulatory provisions include:
1. Technical Standards and Corrective Action Requirements for Owners and 
Operators of Underground Storage Tanks.
Subpart A--Program Scope and Interim Prohibition
    280.10 Applicability
    280.11 Interim Prohibition for deferred UST systems
    280.12 Definitions
Subpart B--UST Systems: Design, Construction, Installation, and 
Notification
    280.20 Performance standards for new UST systems
    280.21 Upgrading of existing UST systems
    280.22 Notification requirements
Subpart C--General Operating Requirements
    280.30 Spill and overfill control
    280.31 Operation and maintenance of corrosion protection
    280.32 Compatibility
    280.33 Repairs allowed
    280.34 Reporting and recordkeeping
Subpart D--Release Detection
    280.40 General requirements for all UST systems
    280.41 Requirements for petroleum UST systems
    280.42 Requirements for hazardous substance UST systems
    280.43 Methods of release detection for tanks
    280.43 Methods of release detection for piping
    280.44 Release detection recordkeeping
Subpart E--Release Reporting, Investigation, and Confirmation
    280.50 Reporting of suspected releases
    280.51 Investigation due to off-site impacts
    280.52 Release investigation and confirmation steps
    280.53 Reporting and cleanup of spills and overfills
Subpart F--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances
    280.60 General
    280.61 Initial response
    280.62 Initial abatement measures and site check
    280.63 Initial site characterization
    280.64 Free product removal
    280.65 Investigations for soil and groundwater cleanup
    280.66 Corrective action plan
    280.67 Public participation
Subpart G--Out-of-Service UST Systems and Closure
    280.70 Temporary closure
    280.71 Permanent closure and changes-in-service
    280.72 Assessing the site at closure or change-in-service
    280.73 Applicability to previously closed UST systems
    280.74 Closure records
2. Financial Responsibility Requirements for Underground Storage Tanks 
Containing Petroleum.
    280.90 Applicability
    280.91 Compliance dates
    280.92 Definition of terms
    280.93 Amount and scope of required financial responsibility
    280.94 Allowable mechanisms and combinations of mechanisms
    280.95 Financial test of self-insurance
    280.96 Guarantee
    280.97 Insurance and risk retention group coverage
    280.98 Surety bond
    280.99 Letter of credit
    280.100 Use of state-required mechanism
    280.101 State fund or other state assurance
    280.102 Trust fund
    280.103 Standby trust fund
    280.104 Substitution of financial assurance mechanisms by owner or 
operator
    280.105 Cancellation or nonrenewal by a provider of financial 
assurance
    280.106 Reporting by owner or operator
    280.107 Recordkeeping
    280.108 Drawing on financial assurance mechanisms
    280.109 Release from the requirements
    280.110 Bankruptcy or other incapacity of owner or operator or 
provider of financial assurance
    280.111 Replenishment of guarantees, letters of credit, or surety 
bonds

[[Page 713]]

3. Mississippi Groundwater Protection Trust Fund Regulations.
    Section I General Intent
    Section II Legal Authority
    Section III Definitions
    Section XIV Eligibility for Reimbursement from the Mississippi 
Groundwater Protection Trust Fund
    Section XV Reimbursable Costs
    Section XVI Funds Disbursement
    Section XVII Third Party Claims
    Section XVIII Denial of Claims
    Section XIX Tank Regulatory Fees
    Section XXI Property Rights

                                 Montana

    (a) The statutory provisions include:
    (1) Montana Code Annotated (2017), Title 75 Environmental 
Protection, Chapter 11 Underground Storage Tanks, Part 2 Montana 
Underground Storage Tank Installer and Inspector Licensing and 
Permitting Act: Sections 75-11-203(11) ``operator'' 75-11-203(12) 
``owner''.
    (2) Montana Code Annotated (2017), Title 75 Environmental 
Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana 
Underground Storage Tank Act: Sections 75-11-503(4) ``person'', (8) 
``underground storage tank'' or ``tank'', except as it applies to 
aboveground storage tanks.
    (b) The regulatory provisions include:
    (1) Administrative Rules of Montana (October 6, 2018), Title 17 
Department of Environmental Quality, Chapter 56 Underground Storage 
Tanks Petroleum and Chemical Substances:
    Subchapter 1 General Provisions:
    Sections 17.56.101 Definitions; 17.56.102 Applicability, except 
17.56.102(3)(e); 17.56.104 Tank Standards for Excluded UST Systems;
    Subchapter 2 UST Systems: Design, Construction, and Installation:
    Section 17.56.201 Performance Standards for New Tank Systems; 
17.56.202 Upgrading of Existing UST Systems; 17.56.203 Additional 
Performance Standards for New Underground Piping Connected to 
Aboveground Tanks or to Underground Tanks with a Capacity of 660 Gallons 
or Less Used to Store Heating Oil; 17.56.204 Secondary Containment, 
Under-Dispenser Containment, and Interstitial Monitoring; 17.56.205 
Anti-Siphon Requirements;
    Subchapter 3 General Operating Requirements:
    Sections 17.56.301 Spill and Overfill Control; 17.56.302 Operation 
and Maintenance of Corrosion Protection; 17.56.303 Compatibility; 
17.56.304 Repairs; 17.56.305 Reporting and Recordkeeping; 17.56.306 
Periodic Testing of Spill Prevention Equipment and Containment Sumps 
Used for Interstitial Monitoring of Piping and Periodic Inspection of 
Overfill Prevention Equipment; 17.56.307 Periodic Operation and 
Maintenance Walkthrough Inspections;
    Subchapter 4 Release Detection:
    Sections 17.56.401 General Requirements for all UST Systems; 
17.56.402 Requirements for Petroleum UST Systems, except 
17.56.402(1)(a)(iii); 17.56.403 Requirements for Hazardous Substance UST 
Systems; 17.56.407 Methods of Release Detection for Tanks; 17.56.408 
Methods of Release Detection for Piping; 17.56.409 Release Detection 
Recordkeeping;
    Subchapter 5 Release Reporting, Investigation, and Confirmation:
    Sections 17.56.501 General; 17.56.502 Reporting of Suspected 
Releases; 17.56.503 Investigation Due to Off-site Impacts; 17.56.504 
Release Investigation and Confirmation Steps; 17.56.505 Reporting and 
Cleanup of Spills and Overfills; 17.56.506 Reporting of Confirmed 
Releases; 17.56.507 Adoption by Reference;
    Subchapter 6 Release Response and Corrective Action for Tanks 
Containing Petroleum or Hazardous Substances:
    Sections 17.56.601 General; 17.56.602 Initial Response and Abatement 
Measures; 17.56.603 Initial Site History; 17.56.604 Remedial 
Investigation; 17.56.605 Cleanup Plan; 17.56.608 Adoption by Reference;
    Subchapter 7 Out-of-Service UST Systems and Closure:
    Sections 17.56.701 Inactive and Out-of-Service UST Systems, except 
17.56.701(4); 17.56.702 Permanent Closure and Changes in Service; 
17.56.703 Assessing the Site at Closure or Change in Service; 17.56.704 
Applicability to Previously Closed UST Systems; 17.56.705 Closure 
Records;
    Subchapter 8 Financial Responsibility:
    Sections 17.56.801 Applicability; 17.56.802 Compliance Dates; 
17.56.803 Definition of Terms; 17.56.804 Incorporation by Reference; 
17.56.805 Amount and Scope of Required Financial Responsibility; 
17.56.806 Allowable Mechanisms and Combinations of Mechanisms; 17.56.807 
Financial Test of Self-Insurance; 17.56.808 Guarantee; 17.56.809 
Insurance and Risk Retention Group Coverage; 17.56.810 Surety Bond; 
17.56.811 Letter of Credit; 17.56.815 Montana Petroleum Tank Release 
Cleanup Fund; 17.56.816 Trust Fund; 17.56.817 Standby Trust Fund; 
17.56.820 Substitution of Financial Assurance Mechanisms by Owner or 
Operator; 17.56.821 Cancellation or Nonrenewal by a Provider of 
Financial Assurance; 17.56.822 Reporting by Owner or Operator; 17.56.823 
Recordkeeping; 17.56.824 Drawing on Financial Assurance Mechanisms; 
17.56.825 Release from the Requirements; 17.56.827 Bankruptcy or Other 
Incapacity of Owner or Operator or Provider of Financial Assurance; 
17.56.828 Replenishment of Guarantees, Letters of Credit, or Surety 
Bonds;
    Subchapter 9 Notification:
    Sections 17.56.901 Interim Notification Requirements; 17.56.902 
Notification Requirements; 17.56.903 Change in Ownership, except 
17.56.903(3);
    Subchapter 15 Underground Storage Tank Operator Training:

[[Page 714]]

    Sections 17.56.1501 Operator Training Definitions; 17.56.1502 
Operator Training, except the permit requirement in 17.56.1502(1); 
17.56.1503 Operator Training: Authorized Providers; and Required 
Subjects; 17.56.1504 Operator Training: Recordkeeping; 17.56.1505 
Operator Training: Third-Party Training Course Approval; and
    Subchapter 16 Underground Storage Tank Systems with Field 
Constructed Tanks:
    Section 17.56.1601 UST Systems with Field Constructed Tanks and 
Airport Hydrant Fuel Distribution Systems;
    (c) Copies of the Montana statutes and regulations that are 
incorporated by reference are available from the following offices:
    Statutes--Montana Legislative Services Division, P.O. Box 201706, 
Helena, MT 59620-1706; Phone number: 406-444-3064; email: 
[email protected]; website: https://leg.mt.gov/ statute/.
    Regulations--Secretary of State's Administrative Rules Services, 
P.O. Box 202801, Helena, MT 59620-2801; Phone number: 406-444-9000; 
email: [email protected]; website: http://www.mtrules.org/.

                                 Nevada

    (a) The statutory provisions include:
    (1) Nevada Revised Statute Chapter 459, Underground Storage Tank 
Program (1992), Nevada Revised Statute 590, Petroleum Fund (1991).
    (2) Nevada Revised Statute Chapter 459, Underground Storage Tank 
Program (1992):
    Section 459.810 ``Operator'' defined.
    Section 459.814 ``Person'' defined.
    Section 459.816 ``Regulated Substance'' defined.
    Section 459.818 ``Release'' defined.
    Section 459.820 ``Storage Tanks'' defined.
    Section 459.822 Department designated as state agency for regulation 
of storage tanks.
    Section 459.828 Owner or operator of storage tank to provide 
department with certain information.
    Section 459.838 Fund for the management of storage tanks: Creation: 
Sources: Claims.
    Section 459.840 Fund for the management of storage tanks: Use; 
reimbursement; recovery by attorney general.
    (3) Nevada Revised Statute 590, Petroleum Fund (1991):
    Section 590.700 Definitions.
    Section 590.710 ``Board'' defined.
    Section 590.720 ``Department'' defined.
    Section 590.725 ``Diesel fuel of grade number 1'' defined.
    Section 590.726 ``Diesel fuel of grade number 2'' defined.
    Section 590.730 ``Discharge'' defined.
    Section 590.740 ``Division'' defined.
    Section 590.750 ``Fund'' defined.
    Section 590.760 ``Heating oil'' defined.
    Section 590.765 ``Motor vehicle fuel'' defined.
    Section 590.770 ``Operator'' defined.
    Section 590.780 ``Person'' defined.
    Section 590.790 ``Petroleum'' defined.
    Section 590.800 ``Storage tank'' defined.
    Section 590.810 Legislative findings.
    Section 590.820 Board to review claims: Creation; members; chairman; 
administrative Assistance; compensation of members.
    Section 590.830 Fund for cleaning up discharges of petroleum: 
Creation; administration by division; claims; interest.
    Section 590.840 Collection of fee for certain fuels and heating 
coil; exempt products; payment of expenses of department.
    Section 590.850 Registration of storage tanks: Collection of annual 
fee; exempt tanks; liability for noncompliance.
    Section 590.860 Balance in fund to determine collection of fees by 
department.
    Section 590.870 Report of discharge from tank required; division to 
clean up discharge; expectation; test of tank required for coverage.
    Section 590.880 Allocation of costs resulting from discharge from 
certain storage tanks for heating oil.
    Section 590.890 Allocation of costs resulting from discharge from 
other storage tanks.
    Section 590.900 Liability for costs to clean up discharge caused by 
willful or wanton misconduct, gross negligence or violation of statute 
or regulation.
    Section 590.910 Pro rata reduction required, if balance in fund 
insufficient for full payment.
    Section 590.920 Tanks exempted from provisions of Sections 590.850 
to 590.910 inclusive; optional coverage of exempted tank.
    (4) Nevada Civil Procedure, Rule 24 (1971):
Nevada Civil Procedure, Rule 24 .
    (b) The regulatory provisions includes:
    (1) Nevada Administrative Code 459, UST Program (1990):
    Section 459.9929 ``Storage Tank'' defined.
    Section 459.993 Compliance with federal regulations.
    Section 459.995 Financial responsibility of owners and operators.
    Section 459.996 Releases: Reporting.
    (2) Nevada Administrative Code 590, Petroleum Fund (1991):
    Section 590.720 Adoption by reference of provisions of Code of 
Federal Regulations.
    (3) Nevada Administrative Code, Reportable Quantities (1989):
    Section 445.240 Notice required.

                              New Hampshire

    (a) The statutory provisions include:

[[Page 715]]

1. New Hampshire Revised Statutes Annotated, Title I, The State and its 
      Government, Chapter 21-O Department of Environmental Services

    Section O:1. Establishment, General Functions; Section O:8 Division 
of Waste Management.

 2. New Hampshire Revised Statutes Annotated, Title VI, Public Officers 
  and Employees, Chapter 91-A Access to Government Records and Meetings

    Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section 91-
A:4 Minutes and Records Available for Public Inspection.

  3. New Hampshire Revised Statutes Annotated, Title X Public Health, 
              Chapter 146-C Underground Storage Facilities

    Section 146-C:1 Definitions; Section 146-C:2 Discharges Prohibited; 
Section 146-C:3 Registration of Underground Storage Facilities; Section 
146-C:4 Underground Storage Facility Permit Required; Section 146-C:6 
Transfer of Ownership; Section 146-C:6-a Exemption; Section 146-C:7 New 
Facilities; Section 146-C:8 Prohibition Against Reusing Tanks; Section 
146-C:17 Operator Training Required; Section 146-C:18 Operator Training 
Program Requirements; Section 146-C:19 Additional Operator Requirements; 
Section 146-C:20 Revocation of Operator Training Program Approval; 
Section 146-C:21 Repeating Operator Training.

 4. New Hampshire Revised Statutes Annotated, Title L Water Management 
        and Protection, Chapter 485-C Groundwater Protection Act

    Section 485-C:1 Statement of Purpose, Section 485-C:2 Definitions, 
Section 485-C:3 Duties of the Department, Section 485-C:5 Classes of 
Groundwater, Section 485-C:6 Ambient Groundwater Quality Standards, 
Section 485-C:6-a Groundwater Management Zones, Section 485-C:6-b 
Recordation of Groundwater Management Zone Permits, Section 485-C:7 
Potential Contamination Sources, Section 485-C:8 Inventory and 
Management, Section 485-C:9 Procedures for Classification and 
Reclassification, Section 485-C:10 Degraded Groundwater, Section 485-
C:11 Best Management Practices, Section 485-C:12 Prohibited Uses, 
Section 485-C:13 Groundwater Release Detection Permit, Section 485-C:14 
Notice to Municipality, Section 485-C:14-b Notification of Groundwater 
Contamination Required.
    (b) The regulatory provisions include:

   1. New Hampshire Code of Administrative Rules, Chapter Env-Or 400 
    Underground Storage Tank Facilities: (Effective October 10, 2018)

    Part Env-Or 401 Purpose, Applicability, Federal Regulations; Section 
401.01 Purpose; Section 401.02 Applicability; Section 401.03 Exclusions, 
except 401.03(b); Section 401.04 Date of Incorporated Federal 
Regulations;
    Part Env-Or 402 Definitions;
    Part Env-Or 403 Reference Standards; Section 403.01 Availability and 
Applicability of Reference Standards; Section 403.02 American Petroleum 
Institute, Section 403.03 ASME International, Section 403.04 Fiberglass 
Tank and Pipe Institute, Section 403.05 NACE International, Section 
403.06 National Fire Protection Association, Section 403.07 Petroleum 
Equipment Institute.
    Part Env-Or 404 Registration; Permit to Operate; Required 
Notifications and Records; Financial Responsibility; Section 404.01 
Registration; Section 404.02 Change from Use Not Previously Covered to 
Covered Use; Section 404.03 Change in Product; Section 404.04 Additional 
Information Required for Registration; Section 404.05 Signature 
Required, except 404.05(b)(3); Section 404.06 Permit to Operate 
Required; Section 404.07 Obtaining a Permit to Operate; Section 404.08 
Display, Applicability, and Validity of Permit to Operate; Section 
404.09 Records to be Maintained; Section 404.10 Transfer of Facility 
Ownership; Section 404.12 Financial Responsibility, except 404.12(d)(4) 
and (m); Section 404.13 Owner Liability.
    Part Env-Or 405 Equipment Standards; Section 405.01 Tank Standards 
for UST Systems; Section 405.02 Piping Standards for UST Systems; 
Section 405.03 Secondary Containment for Tanks; Section 405.04 Secondary 
Containment and Sumps for Piping Systems; Section 405.05 Spill 
Containment, except 405.05(f) and (g);, and 405.12(a); Section 405.06 
Overfill Protection; Section 405.07 Dispensing Areas, except for 
405.07(a-c), (g), and (h); Section 405.08 Leak Monitoring Systems for 
Tanks; Section 405.09 Leak Monitoring Systems for Piping Systems; 
Section 405.10 Cathodic Protection Systems; Section 405.11 Changes to 
Cathodic Protection Systems.
    Part Env-Or 406 Operation, Maintenance, and Testing; Section 406.01 
On-Going Maintenance Required; Section 406.02 Operation and Maintenance 
of Leak Monitoring Systems; Section 406.03 Delivery or Transfer of 
Regulated Substances; Section 406.04 Unusual Operating Conditions; 
Section 406.05 Requirements for Tightness Testers and Test Methods; 
Section 406.06 Leak Rate Detection Criteria; Section 406.07 Requirements 
for Test Reports; Section 406.08 Test Failures; Section 406.09 Automatic 
Line Leak Detector Testing; Section 406.10 Cathodic Protection System 
Testing; Section 406.11 Overfill Prevention Device Testing; Section 
406.12 Spill Containment Integrity Testing, except 406.12(c); Section 
406.13 Leak Monitoring Equipment Testing; Section 406.14 Containment 
Sump Integrity Testing; Section 406.15 Hydrostatic Testing Test for 
Sumps and Spill Containment; Section 406.16 Pneumatic Tightness Test for 
Piping; Section 406.17 Primary Containment System Testing; Section

[[Page 716]]

406.18 Monthly, Bi-Monthly, and Annual Visual Inspections; Section 
406.19 Reports of Visual Inspections.
    Part Env-Or 407 Installation Requirements, Section 407.06(a) UST 
System Design Requirements.
    Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair of 
Tanks: Pre-Repair Considerations and Requirements; Section 408.02 Repair 
of Tanks: Post-Repair Requirements; Section 408.03 Repair and 
Replacement of Underground Piping, Containment Sumps, and Spill 
Containment; Section 408.04 Temporary Closure; Section 408.05 Permanent 
Closure Required, except 408.05(f); Section 408.06 Permanent Closure: 
Notification and Supervision Required; Section 408.07 Procedures for 
Permanent Closure; Section 408.08 Permanent Closure: Site Assessment; 
Section 408.09 Permanent Closure: Inspection Required; Section 408.10 
Permanent
    Closure: Closure Report, Recordkeeping; Section 408.11 Limitations 
on Re-Use of Tanks. APPENDIX A: State Statutes and Federal Statutes/
Regulation Implemented, APPENDIX B: Incorporation by Reference 
Information, APPENDIX C: Statutory Definitions, APPENDIX D: Excerpts 
from RSA 146-C, APPENDIX E: 40 CFR Provisions Referenced.

   2. New Hampshire Code of Administrative Rules, Chapter Env-Or 600 
         Contaminated Site Management: (Effective June 1, 2015)

    Part Env-Or 601 Purpose and Applicability, Section 601.01 Purpose, 
Section 601.02 Applicability.
    Part Env-Or 602 Definitions.
    Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01 
Groundwater Quality Criteria, Section 603.02 Exemptions to Groundwater 
Quality Criteria, Section 603.03 Ambient Groundwater Quality Standards 
(AGQS).
    Part Env-Or 604 Notification, Section 604.01 Purpose, Section 604.02 
Notification of Groundwater Quality Violation, Section 604.03 Exemptions 
to Notification of Groundwater Quality Violation, Section 604.05 NAPL 
Notification, Section 604.06 Discharges of Oil Requiring Immediate 
Notification, Section 604.07 Potential Discharges of Oil Requiring 
Notification Within 60 Days, Section 604.08 Oil Notification 
Requirements.
    Part Env-Or 605 Preliminary Response Actions, Section 606.01 
Purpose, Section 605.03 Emergency Response Actions for Oil Discharges, 
Section 605.04 Initial Response Actions, Section 605.05 Emergency and 
Initial Response Action Approval, Section 605.06 Emergency and Initial 
Response Action Reporting Requirements, Section 605.07 Initial Site 
Characterization Required, Section 605.08 Initial Site Characterization, 
Section 605.09 Initial Site Characterization Report, Section 605.10 
Investigation Due to Discovery of Discharges from Unknown Sources.
    Part Env-Or 606 Comprehensive Response Actions, Section 606.01 Site 
Investigation Required; Section 606.02 Site Investigation Request, 
Exemptions; Section 606.03 Site Investigation Report ; Section 606.04 
Site Background Information; Section 606.05 Summary of Subsurface 
Explorations and Sampling; Section 606.06 Site Geology and Hydrology; 
Section 606.07 Conceptual Model; Section 606.08 Remedial Alternatives, 
Summary, and Recommendations; Section 606.09 Appendices; Section 606.10 
Remedial Action Plan; Section 606.11 Remedial Action Plan Exemptions; 
Section 606.12 Remedial Action Plan Report; Section 606.13 Remedial 
Action Plan Approval; Section 606.14 Corrective Action Prior to Remedial 
Action Plan Approval; Section 606.15 Remedial Action Implementation; 
Section 606.16 Design Plans and Construction Specifications; Section 
606.17 Remedial Action Implementation Report; Section 606.18 Periodic 
Status Report; Section 606.19 Soil Remediation Criteria; Section 606.20 
Financial Assurance; Section 606.21 Financial Assurance Mechanisms.
    Part Env-Or 609 Certificates of Completion or No Further Action, 
Section 609.01 Certificate of Completion, Section 609.02 Certificate of 
No Further Action.
    Part Env-Or 610 Monitoring and Reporting, Section 610.01 
Applicability, Section 610.02 Sampling and Analysis, Section 610.03 
Reporting, Section 610.04 Groundwater Monitoring Wells.
    Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements for 
Managing Contaminated Soil, Section 611.02 Definitions, Section 611.03 
Non-hazardous Oil-Contaminated Soil (NOCS) Certification, Section 611.04 
Contaminated Soil Sampling, Section 611.05 Contaminated Soil Storage, 
Section 611.06 Contaminated Soil Disposal and Reuse.
    Appendix A: State States and Federal Statutes/Regulations 
Implemented; Appendix B: Incorporation by Reference Information; 
Appendix C: Statutory Definitions.

                               New Mexico

    (a) The statutory provisions include: New Mexico Statutes Annotated 
(NMSA) 1978, as amended through May 16, 2018 (2018 Cumulative 
Supplement): Chapter 74, Environmental Improvement, Article 4 Hazardous 
Waste, sections 74-4-3(J), (R), and (S).
    (b) The regulatory provisions include: New Mexico Administrative 
Code (NMAC), as amended effective July 24, 2018: Title 20 Environmental 
Protection, Chapter 5 Petroleum Storage Tanks:
    Part 101: General Provisions--Sections 20.5.101.2 ``Scope''; 
20.5.101.7 ``Definitions'' (except ``above ground storage tank'' and 
``AST system'');
    Part 102: Registration of Tanks--Sections 20.5.102.200 ``Existing 
Tanks'', 20.5.102.201 ``Transfer of Ownership'', and, 20.5.102.203

[[Page 717]]

``Substantially Modified Storage Tank Systems'' through 20.5.102.207 
``Registration Certificate'';
    Part 104: Operator Training--Sections 20.5.104.400 ``Classes of 
Operators'' through 20.5.104.412 ``Documentation and Recordkeeping'';
    Part 105: Certification of Tank Installers and Junior Installers; 
Requirements for Testers--Sections 20.5.105.500 ``General Requirements 
for Installer of UST Systems'' through 20.5.105.508 ``Individual 
Certification for Junior Installer of UST Systems'', and 205.105.510 
``On-Site Examination for Installer'' through 20.5.105.520 ``Airport 
Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed 
Tanks and Hybrid Storage Tank Systems'';
    Part 106: New and Upgraded Underground Storage Tank Systems: Design, 
Construction, and Installation--Sections 20.5.106.600 ``General 
Performance Standards for UST Systems'' through 20.5.106.613 ``Spill and 
Overfill Protection'', and 20.5.106.615 ``Required Notification Prior to 
Installation'' through 20.5.106.617 ``Alternate Methods'';
    Part 107: General Operating Requirements for Underground Storage 
Tank Systems--Sections 20.5.107.700 ``Operation and Maintenance of 
Underground Storage Tank Systems'' through 20.5.107.711 ``Required 
Notification Prior to Replacement, Repair and Modification''; 
20.5.107.713 ``Alternate Methods'' through 20.5.107.715 ``Reporting'';
    Part 108: Release Detection For Underground Storage Tank Systems--
Sections 20.5.108.800 ``General Release Detection Requirements for UST 
Systems'' through 20.5.105.816 ``Reporting'';
    Part 113 Underground Storage Tank Emergency Generator Systems--
Sections 20.5.113.1300 ``General Requirements'' through 20.5.113.1308 
``Reporting'';
    Part 114: Airport Hydrant Fuel Distribution Systems, UST Systems 
with Field-Constructed Tanks, and Hybrid Storage Tank Systems--Sections 
20.5.114.1400 ``General Requirements for Airport Hydrant Fuel 
Distribution Systems, UST Systems with Field-Constructed Tanks, and 
Hybrid Storage Tank Systems'' through 20.5.114.1414 ``Reporting'';
    Part 115: Out-of-Service Storage Tank Systems and Closure--Sections 
20.5.115.1500 ``Required Notification Prior to Temporary or Permanent 
Closure, Return to Service, Removal, or Change in Service''; 
20.5.115.1501 ``Out-of-Service Storage Tank Systems and Closure'' 
(except 20.5.115.1501.C(3), 1501.E, 1501.F(3), and 1501.G [for field-
erected AST systems only]); and 20.5.115.1502 ``Permanent Closure'' 
through 20.5.115.1506 ``Closure Records'';
    Part 117: Financial Responsibility--Sections 20.5.117.1700 
``Applicability''; 20.53.117.1703 ``Amount and Scope of Required 
Financial Responsibility'' through 20.5.117.1772 ``Form Document for 
Drawing on Financial Assurance Mechanisms'';
    Part 118: Reporting and Investigation of Suspected and Confirmed 
Releases--Sections 20.5.118.1800 ``Reporting of Spill or Release'' 
through 20.5.118.1803 ``Spills and Overfills'';
    Part 119: Corrective Action for Storage Tank Systems Containing 
Petroleum Products--Sections 20.5.119.1900 ``General'' (except 
20.5.119.1900.G and 205.119.1900.H) through 20.5.119.1933 ``Reporting'';
    Part 120: Corrective Action for UST Systems Containing Other 
Regulated Substances--Sections 20.5.120.2000 ``General'' (except 
20.5.120.2000.G and 205.120.2000.H) through 20.5.120.2030 ``Reporting'';
    Part 121: Corrective Action Fund Use and Expenditures--Sections 
20.5.121.2100 ``Permissible Fund Expenditures'' through 20.5.121.2106 
``Reserved Money''; and
    Part 124: Lender Liability--Sections 20.5.124.7 ``Definitions'' 
through 20.5.124.2405 ``Operating a Storage Tank or Storage Tank System 
After Foreclosure''.
    (c) Copies of the New Mexico regulations that are incorporated by 
reference are available from the New Mexico State Records Center and 
Archives, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone number: 
(505) 476-7941; website http://164.64.110.134/nmac/.

                             North Carolina

    (a) The statutory provisions include:

  General Statutes of North Carolina, Chapter 143--State Departments, 
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous 
                           Substances Control

    Sec. 143-215.75 Title
    Sec. 143-215.76 Purpose
    Sec. 143-215.77 Definitions
    Sec. 143-215.77A Designation of hazardous substances and 
determination of quantities which may be harmful
    Sec. 143-215.78 Oil pollution control program
    Sec. 143-215.80 Confidential information
    Sec. 143-215.81 Authority supplemental
    Sec. 143-215.82 Local ordinances
    Sec. 143-215.83 Discharges (Except insofar as (c) addresses permit 
requirements.)
    Sec. 143-215.84 Removal of prohibited discharges
    Sec. 143-215.85 Required notice
    Sec. 143-215.86 Other State agencies and State-designated local 
agencies
    Sec. 143-215.87 Oil or Other Hazardous Substances Pollution 
Protection Fund
    Sec. 143-215.88 Payment to State agencies or State-designated local 
agencies
    Sec. 143-215.89 Multiple liability for necessary expenses
    Sec. 143-215.90 Liability for damage to public resources
    Sec. 143-215.93 Liability for damage caused

[[Page 718]]

    Sec. 143-215.93A Limitation on liability of persons engaged in 
removal of oil discharges
    Sec. 143-215.94A Definitions (Except insofar as .94A(2) subjects 
certain heating oil tanks and the piping connected to otherwise excluded 
tanks to the regulatory requirements.)
    Sec. 143-215.94B Commercial Leaking Petroleum Underground Storage 
Tank Cleanup Fund
    Sec. 143-215.94D Noncommercial Leaking Petroleum Underground 
Storage Tank Cleanup Fund
    Sec. 143-215.94E Rights and obligations of the owner and operator
    Sec. 143-215.94G Authority of the Department to engage in cleanups; 
actions for fund reimbursement (Except insofar as (e) outlines 
enforcement authorities.)
    Sec. 143-215.94H Financial responsibility
    Sec. 143-215.94I Insurance pools authorized; requirements
    Sec. 143-215.94J Limitation of liability of the State of North 
Carolina
    Sec. 143-215.94L Adoption of rules; administrative procedure; short 
title; miscellaneous provisions
    Sec. 143-215.94M Reports
    Sec. 143-215.94N Applicability
    Sec. 143-215.94O Petroleum Underground Storage Tank Funds Council
    Sec. 143-215.94P Groundwater Protection Loan Fund
    Sec. 143-215.94T Adoption and implementation of regulatory program
    Sec. 143-215.94V Standards for petroleum underground storage tank 
cleanup
    (b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A--Department of Environment 
and Natural Resources; Chapter 2, Subchapter 2L: Groundwater 
Classification and Standards
1. Section .0100 General Considerations
    .0101 Authorization
    .0102 Definitions
    .0103 Policy
    .0104 Restricted Designation (RS)
    .0105 Adoption by Reference (Repealed)
    .0106 Corrective Action
    .0107 Compliance Boundary
    .0108 Review Boundary
    .0109 Delegation
    .0110 Monitoring
    .0111 Reports
    .0112 Analytical Procedures
    .0113 Variance
    .0114 Notification Requirements
    .0115 Risk-Based Assessment and Corrective Action for Petroleum 
Underground Storage Tanks
2. Section .0200 Classifications and Groundwater Quality Standards
    .0201 Groundwater Classifications
    .0202 Groundwater Quality Standards
3. Section .0300 Assignment of Underground Water Classifications
    .0301 Classifications: General
    .0302 Statewide
    .0303 Broad River Basin
    .0304 Cape Fear River Basin
    .0305 Catawba River Basin
    .0306 Chowan River Basin
    .0307 French Broad River Basin
    .0308 Hiwassee River Basin
    .0309 Little Tennessee River Basin
    .0310 Savannah River Basin
    .0311 Lumber River Basin
    .0312 Neuse River Basin
    .0313 New-Watauga River Basin
    .0314 Pasquotank River Basin
    .0315 Roanoke River Basin
    .0316 Tar Pamlico River Basin
    .0317 White Oak River Basin
    .0318 Yadkin-Pee Dee River Basin
    .0319 Reclassification
North Carolina Administrative Code, Title 15A--Department of Environment 
and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage 
Tanks
1. Section .0100 General Provisions
    .0101 General (Except insofar as .0101(c) provides inspection and 
enforcement authority.)
    .0102 Copies of referenced Federal regulations
    .0103 Adoption by reference updates
    .0104 Identification of tanks
2. Section .0200 Program Scope and Interim Prohibition
    .0201 Applicability (Except insofar as it subjects USTs containing 
de minimis concentrations of regulated substances to closure 
requirements)
    .0202 Interim prohibition for deferred UST systems
    .0203 Definitions
3. Section .0300 UST Systems: Design, Construction, Installation, and 
Notification
    .0301 Performance standards for new UST systems
    .0302 Upgrading of existing UST systems
    .0303 Notification requirements
4. Section .0400 General Operating Requirements
    .0401 Spill and overfill control
    .0402 Operation and maintenance of corrosion protection
    .0403 Compatibility
    .0404 Repairs allowed
    .0405 Reporting and recordkeeping
5. Section .0500 Release Detection
    .0501 General requirements for all UST systems
    .0502 Requirements for petroleum UST systems
    .0503 Requirements for hazardous substance UST systems
    .0504 Methods of release detection for tanks
    .0505 Methods of release detection for piping
    .0506 Release detection recordkeeping

[[Page 719]]

6. Section .0600 Release Reporting, Investigation, and Confirmation
    .0601 Reporting of suspected releases
    .0602 Investigation due to off-site impacts
    .0603 Release investigation and confirmation steps
    .0604 Reporting and cleanup of spills and overfills
7. Section .0700 Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances
    .0701 General
    .0702 Initial response
    .0703 Initial abatement measures and site check
    .0704 Initial site characterization
    .0705 Free product removal
    .0706 Investigations for soil and ground water cleanup
    .0707 Corrective action plan
    .0708 Public participation
8. Section .0800 Out-of-Service UST Systems and Closure
    .0801 Temporary closure
    .0802 Permanent closure and changes-in-service (Except insofar as it 
subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)
    .0803 Assessing the site at closure or change-in-service
    .0804 Applicability to previously closed UST systems
    .0805 Closure records
North Carolina Administrative Code, Title 15A--Department of Environment 
and Natural Resources; Chapter 2, Subchapter 2O: Financial 
Responsibility Requirements for Owners and Operators of Underground 
Storage Tanks
1. Section .0100 General Considerations
    .0101 General (Except insofar as .0101(c) provides inspection and 
enforcement authority.)
    .0102 Copies of referenced Federal regulations
    .0103 Substituted sections
2. Section .0200 Program Scope
    .0201 Applicability
    .0202 Compliance dates
    .0203 Definitions (Except insofar as (b)(1) defines ``annual 
operating fee'')
    .0204 Amount and scope of required financial responsibility
3. Section .0300 Assurance Mechanisms
    .0301 Allowable mechanisms and combinations of mechanisms
    .0302 Self insurance
    .0303 Guarantee
    .0304 Insurance and risk retention group coverage
    .0305 Surety bond
    .0306 Letter of credit
    .0307 Standby trust fund
    .0308 Insurance pools
    .0309 Substitution of financial assurance mechanisms
    .0310 Cancellation or nonrenewal by a provider of assurance
4. Section .0400 Responsibilities of Owners and Operators
    .0401 Reporting by owner or operator
    .0402 Record keeping (Except insofar as (b)(2) addresses annual 
operating fee requirements.)
5. Section .0500 Changes in Status
    .0501 Drawing on financial assurance mechanisms
    .0502 Release from the requirements
    .0503 Incapacity of owner or operator or provider of assurance
    .0504 Replenishment
North Carolina Administrative Code, Title 15A--Department of Environment 
and Natural Resources; Chapter 2, Subchapter 2P: Leaking Petroleum 
Underground Storage Tank Cleanup Funds
1. Section .0100 General Considerations
    .0101 General (Except insofar as .0101(d) provides inspection and 
enforcement authority.)
    .0102 Copies of rules incorporated by reference
    .0103 False or misleading information
2. Section .0200 Program Scope
    .0201 Applicability (Except insofar as .0201(a) and (b) relate to 
annual operating fees.)
    .0202 Definitions (Except insofar as .0202 (b)(1) relates to annual 
operating fees.)
3. Section .0300 Annual Operating Fees
    .0302 Notification
4. Section .0400 Reimbursement Procedure
    .0401 Eligibility of owner or operator (Except insofar as .0401(b) 
relates to annual operating fees.)
    .0402 Cleanup costs
    .0403 Third party claims
    .0404 Requests for reimbursement
    .0405 Method of reimbursement
    .0406 Reimbursement apportionment
    .0407 Final action

                              North Dakota

    (a) The regulatory provisions include: North Dakota Administrative 
Code (NDAC), Chapter 33.1-24-08, Technical Standards and Corrective 
Action Requirements for Owners and Operators of Underground Storage 
Tanks, as amended effective January 1, 2019:

Section 33.1-24-08-01 Applicability (technical standards and corrective 
          action).
Section 33.1-24-08-02 Installation requirements for partially excluded 
          underground storage tank systems.
Section 33.1-24-08-03 Definitions (technical standards, delivery 
          prohibition, and corrective action).
Section 33.1-24-08-10 Performance standards for new underground storage 
          tank systems.

[[Page 720]]

Section 33.1-24-08-11 Upgrading of existing underground storage tank 
          systems.
Section 33.1-24-08-12 Notification requirements.
Section 33.1-24-08-20 Spill and overfill control.
Section 33.1-24-08-21 Operation and maintenance of corrosion protection.
Section 33.1-24-08-22 Compatibility.
Section 33.1-24-08-23 Repairs allowed.
Section 33.1-24-08-24 Reporting and recordkeeping.
Section 33.1-24-08-25 Periodic testing of spill prevention equipment and 
          containment sumps used for interstitial monitoring of piping 
          and periodic inspection of overfill prevention equipment.
Section 33.1-24-08-26 Periodic operation and maintenance walkthrough 
          inspections.
Section 33.1-24-08-30 General release detection requirements for all 
          underground storage tank systems.
Section 33.1-24-08-31 Release detection requirements for petroleum 
          underground storage tank systems.
Section 33.1-24-08-32 Release detection requirements for hazardous 
          substance underground storage tank systems.
Section 33.1-24-08-33 Methods of release detection for tanks.
Section 33.1-24-08-34 Methods of release detection for piping.
Section 33.1-24-08-35 Release detection recordkeeping.
Section 33.1-24-08-38 Mechanisms for designating tanks ineligible for 
          delivery.
Section 33.1-24-08-39 Reclassifying ineligible tanks as eligible for 
          delivery.
Section 33.1-24-08-40 Reporting of suspected releases.
Section 33.1-24-08-41 Investigation due to offsite impacts.
Section 33.1-24-08-42 Release investigation and confirmation steps.
Section 33.1-24-08-43 Reporting and cleanup of spills and overfills.
Section 33.1-24-08-44 Unattended cardtrol facilities.
Section 33.1-24-08-45 Operator designations and requirements for 
          operator training.
Section 33.1-24-08-46 Timing of operator training and reciprocity.
Section 33.1-24-08-47 Operator retraining.
Section 33.1-24-08-48 Operator training documentation.
Section 33.1-24-08-50 General release response and corrective action for 
          underground storage tank systems containing petroleum or 
          hazardous substances.
Section 33.1-24-08-51 Initial response.
Section 33.1-24-08-52 Initial abatement measures and site check.
Section 33.1-24-08-53 Initial site characterization.
Section 33.1-24-08-54 Free product removal.
Section 33.1-24-08-55 Investigations for soil and groundwater cleanup.
Section 33.1-24-08-56 Corrective action plan.
Section 33.1-24-08-60 Temporary closure.
Section 33.1-24-08-61 Permanent closure and changes in service.
Section 33.1-24-08-62 Assessing the site at closure or change in 
          service.
Section 33.1-24-08-63 Applicability to previously closed underground 
          storage tank systems.
Section 33.1-24-08-64 Closure records.
Section 33.1-24-08-70 UST systems with field-constructed tanks and 
          airport hydrant fuel distribution systems definitions.
Section 33.1-24-08-71 General requirements.
Section 33.1-24-08-72 Additions, exceptions, and alternatives for UST 
          systems with field-constructed tanks and airport hydrant 
          systems.
Section 33.1-24-08-80 Applicability (financial responsibility).
Section 33.1-24-08-81 Financial responsibility compliance dates.
Section 33.1-24-08-82 Definitions (financial responsibility).
Section 33.1-24-08-83 Amount and scope of required financial 
          responsibility.
Section 33.1-24-08-84 Allowable mechanisms and combinations of 
          mechanisms.
Section 33.1-24-08-85 Financial test of self-insurance.
Section 33.1-24-08-86 Guarantee.
Section 33.1-24-08-87 Insurance and risk retention group coverage.
Section 33.1-24-08-88 Surety bond.
Section 33.1-24-08-89 Letter of credit.
Section 33.1-24-08-92 Trust fund.
Section 33.1-24-08-93 Standby trust fund.
Section 33.1-24-08-94 Local government bond rating test.
Section 33.1-24-08-95 Local government financial test.
Section 33.1-24-08-96 Local government guarantee.
Section 33.1-24-08-97 Local government fund.
Section 33.1-24-08-98 Substitution of financial assurance mechanisms by 
          owner or operator.
Section 33.1-24-08-99 Cancellation or nonrenewal by a provider of 
          financial assurance.
Section 33.1-24-08-100 Reporting by owner or operator.
Section 33.1-24-08-101 Recordkeeping.
Section 33.1-24-08-102 Drawing on financial assurance mechanisms.
Section 33.1-24-08-103 Release from requirements.
Section 33.1-24-08-104 Bankruptcy or other incapacity of owner or 
          operator or provider of financial assurance.
Section 33.1-24-08-105 Replenishment of guarantees, letters of credit, 
          or surety bonds.
Section 33.1-24-08-115 Definitions (lender liability).

[[Page 721]]

Section 33.1-24-08-120 Participation in management (lender liability).
Section 33.1-24-08-125 Ownership of an underground storage tank or 
          underground storage tank system or facility or property on 
          which an underground storage tank or underground storage tank 
          system ss located (lender liability).
Section 33.1-24-08-130 Operating an underground storage tank or 
          underground storage tank system (lender liability).
Appendix I.
Appendix II Statement of Shipping Tickets and Invoices.

    (b) Copies of the North Dakota regulations that are incorporated by 
reference are available from North Dakota Legislative Council, Second 
Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 
58504; phone, 701-328-2916; website, https://www.legis.nd.gov/ agency-
rules/ north-dakota-administrative-code.

                                Oklahoma

    (a) The regulatory provisions include:
    Oklahoma Administrative Code, Title 165, effective August 25, 2016:
    1, Chapter 25 ``Underground Storage Tanks''.
    Subchapter 1, General Provisions: Part 1, ``Purpose'', Section 
165:25-1-1; Part 3, ``Definitions'', Section 165:25-1-11; Part 5, 
``Scope of Rules'', Sections 165:25-1-21, 165:25-1-23.1, and 165:25-1-
24; Part 9, ``Notification and Reporting Requirements'', Sections 
165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part 11, 
``Recordkeeping'', 165:25-1-53 through 165:25-1-58, and 165:25-1-60; 
Part 19, ``Operator Training'', Sections 165:25-1-120, 165:25-1-122 and 
165:25-1-124.
    Subchapter 2, ``General Requirements for Underground Storage Tank 
Systems'', Part 1, ``Codes and Standards'', Sections 165:25-2-1, 165:25-
2-2 and 165:25-2-4, Part 3, ``Design and Installation'', Sections 
165:25-2-31 through 165:25-2-33, 165:25-2-35 through 165:25-2-41, Part 
5, ``Protection Against Corrosion'', Sections 165:25-2-51, 165:25-2-52, 
165:25-2-53 and 165:25-2-53.1, Part 6, ``Piping'', Sections 165:25-2-
55.1 and 165:25-2-55.2, Part 7, ``Dispensers'', Sections 165:25-2-71, 
165:25-2-72, 165:25-2-73, 165:25-2-75 and 165:25-2-76; Part 9, 
``Electrical'', Section 165:25-2-91; Part 11, '' Repairs to Underground 
Storage Tank Systems'', Section 165:25-2-111; Part 13 ``Removal and 
Closure of Underground Storage Tank Systems'', Sections 165:25-2-131, 
and 165:25-2-133 through 165:25-2-138.
    Subchapter 3, ``Release Prevention and Detection Requirements'': 
Part 1, Release Prohibition Requirements'', Section 165:25-3-1; Part 2, 
``Release Detection Requirements and Methods'', Sections 165:25-3-6.20 
through 165:25-3-6.29; Part 3, ``Release Investigation Requirements'', 
Sections 165:25-3-7.1 and 165:25-3-8; Part 15, ``Corrective Action 
Requirements'', Section 165:25-3-70.
    Subchapter 5, ``Upgrades'', Sections 165:25-5-1 through 165:25-5-4.
    Subchapter 6, ``Special Requirements for Underground Storage Tank 
Systems Utilized by Airports Open to the Public'', Part 1, ``General 
Application and Compliance Provisions'', Section 165:25-6-1; Part 3, 
``Codes and Standards'', Section 165:25-6-7; Part 5, ``Dispense 
Requirements'', Sections 165:25-6-13, 165:25-6-14, 165:25-6-15 and 
165:25-6-17; Part 7, ``Tank Filling Procedures'', Section 165:25-6-21; 
Part 9, ``Dispensing Procedures'', Sections 165:25-6-27 and 165:25-6-28; 
Part 11, ``Miscellaneous Safety Requirements'', Sections 165:25-6-34 and 
165:25-6-35.
    Subchapter 8, ``Special Requirements for Underground Storage Tanks 
Utilized by Marinas'': Part 1, ``General Application and Compliance 
Provisions'', Sections 165:25-8-1 and 165:25-8-2; Part 3, ``Over-water 
Piping Requirements'', Sections 165:25-8-3 and 165:25-8-4; Part 5, 
``Dispenser Requirements'', Sections 165:25-8-14 through 165:25-8-17; 
Part 9, ``Dispensing Procedures'', Section 165:25-8-29; Part 11, 
``Miscellaneous Safety Requirements, Sections 165:25-8-35 and 165:25-8-
36.
    Subchapter 14, ``Special Requirements for Underground Storage Tank 
Systems Utilized by Bulk Plant Facilities'': Part 1, ``General 
Application and Compliance Provisions'', Section 165:25-14-1; Part 3, 
``Dispenser Requirements'', Section 165:25-14-7; Part 5, ``Loading 
Facilities'', Sections 165:25-14-13 and 165:25-14-14; Part 7, ``Tank 
Filling Procedures'', Section 165:25-14-20; Part 9, ``Dispensing 
Procedures'', Sections 165:25-14-26 and 165:25-14-27.
    2. Chapter 27 ``Indemnity Fund. Subchapter 1, ``General 
Provisions'', Section 165:27-1-2; Subchapter 5, ``Qualifications for 
Reimbursement'', Section 165:27-5-2; Subchapter 7, ``Reimbursement'', 
Sections 165:27-7-2 and 165:27-7-6.
    3. Chapter 29 ``Corrective Action of Petroleum Storage Tank 
Releases'':
    Subchapter 1, ``General Provisions'': Part 1, ``Purpose and 
Statutory Authority'', Sections 165:29-1-1 and 165:29-1-2; Part 3, 
``Definitions'', Section 165:29-1-11; Part 5, ``Scope of Rules'', 
Section 165:29-1-21; Part 7, ``National Industry Codes'', Sections 
165:29-1-31 and 165:29-1-32;.
    Subchapter 3, ``Release Prevention, Detection and Correction'': Part 
1, ``Release Prohibition, Reporting and Investigation'', Sections 
165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, ``Removal and Closure of 
Petroleum Storage Tank Systems'', Section 165:29-3-65; Part 5, 
``Corrective Action Requirements'', Sections 165:29-3-71 through 165:29-
3-76, Sections 165:29-3-78, 165:29-3-79, 165:29-3-80, 165:29-3-82 and 
165:29-3-83.

[[Page 722]]

    (b) Copies of the Oklahoma regulations that are incorporated by 
reference are available from the State's Office of Administrative Rules, 
Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone 
number: 405-521-4911; website: https://www.sos.ok.gov/ oar/Default.aspx.

                                 Oregon

    (a) The statutory provisions include:

    (1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal 
or Remedial Action Sections 465.200 through 465.425):

465.200 Definitions for ORS 465.200 to 465.425 (except for Sections 
465.200(5) through (11) and (17) defining terms contained in the dry 
cleaning requirements; (13) ``facility'' insofar as it applies to a 
facility that is not an underground storage tank; (16) ``hazardous 
substance'' insofar as it applies to hazardous wastes and any substance 
that is not otherwise defined as a hazardous substance pursuant to 
section 101(14) of the Federal Comprehensive Environmental Response, 
Compensation and Liability Act or that is not oil; (28) ``underground 
storage tank'' insofar as it includes any tank or piping that is 
excluded under ORS 466.710 and also any tank used to store heating oil 
for consumptive use on the premises where stored.)
465.255 Strict liability for remedial action costs for injury or 
destruction of natural resource; limited exclusions (except insofar as 
this includes a person who is not an owner or operator of an underground 
storage tank and except insofar as the exclusions would exclude persons 
who would be liable under Section 9003(h)(6) of RCRA).

    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks):

466.706 Definitions for ORS 466.706 to 466.882 and 466.994 (except for 
the following definitions: Section 466.706(17) ``regulated substance'' 
insofar as it would include substances designated by the commission 
under subsection (c) that are not included under subsections (a) and (b) 
of this definition; (21) ``underground storage tank'' insofar as it 
includes any tank or piping that is excluded under ORS 466.710, and any 
tank used to store heating oil for consumptive use on the premises where 
stored.)
466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules; 
          legislative review
466.825 Strict liability of owner or permittee

    (b) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 122 insofar 
as the following rules apply to a release from an underground storage 
tank, excluding tanks used to store heating oil for consumptive use on 
the premises where stored.

340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an 
          underground storage tank, excluding tanks used to store 
          heating oil for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of 
          ``responsible person'' includes a person who does not own or 
          operate an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements

    (2) Oregon Administrative Rules, Chapter 340, Division 142 insofar 
as the following rules apply to a release from an underground

[[Page 723]]

storage tank, excluding tanks used to store heating oil for consumptive 
use on the premises where stored.

340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise 
          Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations

    (3) Oregon Administrative Rules, Chapter 340, Division 150.

340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required except 
          insofar as this provision applies to a person who does not own 
          or operate an underground storage tank and except insofar as 
          the payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes in 
          Ownership and Permittee except insofar as the payment of fees 
          is required
340-150-0080 Denial, Suspension or Revocation of General Permit 
          Registration Certificates except insofar as this provision 
          applies to a person who does not own or operate an underground 
          storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and 
          Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0137 UST Systems with Field-Constructed Tanks and Airport Hydrat 
          Fuel Distribution Systems
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST System 
          except insofar as this provision applies to a person who does 
          not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System 
          except insofar as the payment of fees is required
340-150-0167 General Permit Requirements for Temporary Closure of an UST 
          System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST 
          System by Permanent Closure except insofar as this provision 
          applies to a person who does not own or operate an underground 
          storage tank and except insofar as the payment of fees is 
          required
340-150-0180 Site Assessment Requirements for Permanent Closure or 
          Change-in-Service
340-150-0200 Training Requirements for UST System Operators and 
          Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and Requirements
340-150-0315 Priodic operation and maintenance walkthrough inspections
340-150-0320 Corrosion Protection Performance Standards for USTs and 
          Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum UST 
          Systems
340-150-0410 Release Detection Requirements and Methods for Underground 
          Piping
340-150-0420 Release Detection Requirements for Hazardous Substance UST 
          Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release 
          Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and 
          Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555 Compliance Dates for USTs and Piping

[[Page 724]]

340-150-0560 Upgrading Requirements for Existing UST Systems

    (4) Oregon Administrative Rules, Chapter 340, Division 151

340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States Environmental 
          Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements

                              Pennsylvania

    (a) The statutory provisions include:
    Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public 
Law 169, No. 32
35 PS Section 6021.101 Short title
35 PS Section 6021.102 Legislative findings
35 PS Section 6021.103 Definitions (except insofar as the section 
addresses aboveground storage tanks; encompasses a broader range of 
regulated substances; and insofar as certain classes of tanks excluded 
or deferred under the federal definition of ``underground storage tank'' 
are not excluded or deferred under the state definition)
35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory committee
35 PS Section 6021.106 Powers and duties of Environmental Quality Board 
(except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (except insofar 
as paragraphs (b), (c), (e), and (f) grant the Department enforcement 
authorities; and paragraph (d) establishes the Department's duties 
regarding a certification program)
35 PS Section 6021.109 Construction
35 PS Section 6021.110 Applicability of certain provisions to the 
Commonwealth
35 PS Section 6021.501 Underground storage tank requirements (except 
insofar as subparagraph (a)(1) requires payment of registration fees; 
subparagraph (a)(8) sets forth permitting requirements; subparagraph 
(a)(12) addresses permitting; subparagraph (a)(15) regulates handlers of 
regulated substances; and paragraph (c) establishes a certified 
installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use (except 
insofar as paragraph (a) establishes interim registration fees; and 
subparagraph (b)(5) requires tanks to be installed by a certified 
installer)
35 PS Section 6021.503 Registration (except insofar as paragraph (a) 
requires payment of registration fees; paragraph (b) regulates selling, 
distributing, depositing or filling unregistered underground storage 
tanks; and paragraph (c) establishes uses for registration fees)
35 PS Section 6021.701 Financial responsibility 35 PS Section 6021.702 
Storage Tank Fund (except insofar as paragraph (a) addresses aboveground 
storage tanks)
35 PS Section 6021.703 Underground Storage Tank Indemnification Board
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund 
(except insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank 
Indemnification Board (except insofar as paragraphs (d) and (e) address 
payment of fees)
35 PS Section 6021.706 Eligibility of claimants
35 PS Section 6021.707 Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710 Underground Storage Tank Environmental Cleanup 
Program
35 PS Section 6021.711 Underground Storage Tank Pollution Prevention 
Program
35 PS Section 6021.712 Upgrade Loan Program
35 PS Section 6021.2101 Start-up costs (except insofar as it addresses 
aboveground storage tanks)
35 PS Section 6021.2102 Saved from repeal
35 PS Section 6021.2103 Severability
35 PS Section 6021.2104 Repeals
35 PS Section 6021.2105 Effective date
    (b) The regulatory provisions include:
    Pennsylvania Code, Chapter 245, Administration of the Storage Tank 
and Spill Prevention Programs
Section 245.1 Definitions (except insofar as the section addresses 
aboveground storage tanks; encompasses a broader range of regulated 
substances; and includes individuals that are not regulated under the 
federal program under its definition of ``responsible party'')
Section 245.2 General
Section 245.31 Underground storage tank tightness testing requirements 
(except insofar as paragraph (a) requires Department certification for 
underground tightness testing installers)
Section 245.301 Purpose
Section 245.302 Scope
Section 245.304 Investigation of suspected releases
Section 245.305 Reporting releases (except insofar as paragraph (h) 
addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (except insofar as subparagraph 
(b)(3) requires permits for treatment and disposal activities; and 
paragraph (d) regulates parties removing contaminated materials)
Section 245.307 Affected or diminished water supplies
Section 245.308 Onsite storage of contaminated soil
Section 245.309 Site characterization
Section 245.310 Site characterization report
Section 245.311 Remedial action plan
Section 245.312 Remedial action
Section 245.313 Remedial action completion report
Section 245.314 Professional seals

[[Page 725]]

Section 245.401 Purpose
Section 245.402 Scope
Section 245.403 Applicability
Section 245.404 Variances
Section 245.405 Codes and standards
Section 245.421 Performance standards for new underground storage tank 
systems
Section 245.422 Upgrading of existing underground storage tank systems
Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks (except insofar as subparagraph 
(1) requires installation by a certified installer)
Section 245.431 Spill and overfill control
Section 245.432 Operation and maintenance including corrosion protection
Section 245.433 Compatibility
Section 245.434 Repairs allowed (except insofar as subparagraph (1) 
requires repairs to be performed by a certified installer)
Section 245.435 Reporting and recordkeeping
Section 245.441 General requirements for underground storage tank 
systems (except insofar as subparagraph (a)(3)(i) requires third-party 
verification; and subparagraph (a)(3)(ii) requires manufacturers to 
reevaluate methods within 24 months of EPA changes)
Section 245.442 Requirements for petroleum underground storage tank 
systems
Section 245.443 Requirements for hazardous substance underground storage 
tank systems
Section 245.444 Methods of release detection for tanks
Section 245.445 Methods of release detection for piping
Section 245.446 Release detection recordkeeping
Section 245.451 Temporary closure
Section 245.452 Permanent closure and changes-in-service
Section 245.453 Assessing the site at closure or change-in-service
Section 245.454 Applicability to previously closed underground storage 
tank systems
Section 245.455 Closure records
Section 245.701 Purpose
Section 245.702 Scope
Section 245.703 Owner or operator financial responsibility
Section 245.704 General requirements
Section 245.705 Owner and operator liability
Section 245.706 Underground storage tanks not covered by USTIF
Section 245.707 Coverage amounts for financial responsibility
Section 245.708 Failure to maintain financial responsibility

                               Puerto Rico

    (a) The statutory provisions include:
    1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. 1121 
et seq.
    (1) Section 1121--Short title
    (2) Section 1122--Purpose
    (3) Section 1123--Declaration of policy
    (4) Section 1124--Interpretation of legal provisions
    (5) Section 1125--Duties of governmental agencies
    (6) Section 1126--Savings clause
    (7) Section 1127--Complementary character
    (8) Section 1128--Annual report of Governor
    (9) Section 1129--Creation of Board; composition; term
    (10) Section 1130--Duties of Chairman
    (11) Section 1130A--Consulting Council
    (12) Section 1131--Functions and duties [Except paragraphs (10), 
(12), (19), (22), (23), (25), (26), (29), and (30), insofar as they 
outline enforcement authorities; paragraph (13), insofar as it addresses 
enforcement authorities, permit and license requirements and associated 
fees, as well as the NPDES and UIC programs; and paragraph (34), insofar 
as it relates solely to the solid and hazardous waste programs.]
    (13) Section 1133--Consultation and use of facilities
    (14) Section 1135--Character of Board for federal purposes [Except 
insofar as it addresses permit requirements.]
    (15) Section 1135A--Administration of the Puerto Rico Water 
Pollution Control Revolving Fund
    (16) Section 1137--Confidential documents
    (17) Section 1138--Effectiveness of previous documents [Except 
insofar as it addresses permit and licensing requirements.]
    (18) Section 1140--Limitations
    (19) Section 1141--Definitions
    (20) Section 1142--Powers [Except insofar as (b)(5) sets forth 
enforcement authorities.]
    (b) The regulatory provisions include:
    1. Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
a. Part I--Program Scope and Interim Prohibition.
    (1) Rule 101--Program Scope
    (2) Rule 102--Purpose
    (3) Rule 103--Applicability
    (4) Rule 104--Interim Prohibition for Deferred UST Systems
    (5) Rule 105--Definitions and Abbreviations [Except insofar as the 
Puerto Rico definition of ``Underground Storage Tank or UST'' does not 
exclude from regulation heating oil tanks used for storing heating oil 
for consumptive use on the premises where stored.]
b. Part II--UST Systems: Design, Construction, Installation, and 
Notification.
    (1) Rule 201--Performance Standards for New UST Systems

[[Page 726]]

    (2) Rule 202--Upgrading of Existing UST Systems
    (3) Rule 203--Notification Requirements
c. Part III--General Operating Requirements.
    (1) Rule 301--Spill and Overfill Control
    (2) Rule 302--Operation and Maintenance of Corrosion Protection
    (3) Rule 303--Compatibility
    (4) Rule 304--Repairs Allowed
    (5) Rule 305--Reporting and Recordkeeping
d. Part IV--Release Detection.
    (1) Rule 401--General Requirements for all UST Systems
    (2) Rule 402--Requirements for Petroleum UST Systems
    (3) Rule 403--Requirements for Hazardous Substance UST Systems
    (4) Rule 404--Methods of Release Detection for Tanks
    (5) Rule 405--Methods of Release Detection for Piping
    (6) Rule 406--Release Detection Recordkeeping
e. Part V--Release Reporting and Investigation.
    (1) Rule 501--Reporting of Suspected Releases
    (2) Rule 502--Investigation Due to Off-site Impacts
    (3) Rule 503--Release Investigation and Confirmation Steps
    (4) Rule 504--Reporting and Cleanup of Spills and Overfills
f. Part VI--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances.
    (1) Rule 601--General
    (2) Rule 602--Initial Response
    (3) Rule 603--Initial Abatement Measures and Site Check [Except 
insofar as 603(A)(5) requires owners and operators to obtain permits or 
franchises for drilling and installation of groundwater monitoring and/
or extraction wells.]
    (4) Rule 604--Initial Site Characterization
    (5) Rule 605--Free Product Removal [Except insofar as 605(A) and 605 
(D)(6) require owners and operators to obtain permits or franchises for 
drilling and installation of water monitoring and/or extraction wells.]
    (6) Rule 606--Investigation for Soil and Groundwater Clean-up
    (7) Rule 607--Corrective Action Plan
    (8) Rule 608--Public Participation
g. Part VII--Out-Of-Service UST Systems and Closure.
    (1) Rule 701--Temporary Closure
    (2) Rule 702--Permanent Closure and Changes-in-Service
    (3) Rule 703--Assessing the Site at Closure or Change-in-Service
    (4) Rule 704--Applicability to Previously Closed UST Systems
    (5) Rule 705--Closure Methods
h. Part VIII--Notification Requirements and Procedures.
    (1) Rule 801--Notification of Underground Storage System
    (2) Rule 802--Notification Requirements
    (3) Rule 803--Notification Responsibility
    (4) Rule 804--UST Notification Identification Number
    (5) Rule 805--Changes to Facility Notification Data
i. Part IX--Financial Responsibility Requirements.
    (1) Rule 901--Applicability
    (2) Rule 902--Compliance Dates
    (3) Rule 903--Definition of Terms
    (4) Rule 904--Amount and Scope of Required Financial Responsibility
    (5) Rule 905--Allowable Mechanisms and Combinations of Mechanisms
    (6) Rule 906--Financial Test of Self-Insurance
    (7) Rule 907--Guarantee
    (8) Rule 908--Insurance and Risk Retention Group Coverage
    (9) Rule 909--Surety Bond
    (10) Rule 910--Letter of Credit
    (11) Rule 911--Trust Fund
    (12) Rule 912--Standby Trust Fund
    (13) Rule 913--Substitution of Financial Assurance Mechanisms by 
Owner or Operator
    (14) Rule 914--Cancellation or Nonrenewal by a Provider of Financial 
Assurance
    (15) Rule 915--Reporting by Owner or Operator
    (16) Rule 916--Recordkeeping
    (17) Rule 917--Drawing on Financial Assurance Mechanisms
    (18) Rule 918--Release from the Requirements
    (19) Rule 919--Bankruptcy or Other Incapacity of Owner or Operator 
of Provider of Financial Assurance
    (20) Rule 920--Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
    (21) Rule 921--Suspension of Enforcement
j. Part X--General Provisions.
    (1) Rule 1001--Amendments to this Regulation
    (2) Rule 1002--Monitoring, Recordkeeping, Reporting, Sampling, and 
Testing Methods
    (3) Rule 1003--Malfunction or Non-compliance, Reporting
    (4) Rule 1004--Confidentiality of Information
    (5) Rule 1006--Public Notice and Public Hearings
    (6) Rule 1009--Public Nuisance
    (7) Rule 1011--Overlapping or Inconsistent Provisions
    (8) Rule 1012--Derogation
    (9) Rule 1013--Separability Clause
    (10) Rule 1014--Effectiveness
k. Part XI--General Prohibitions.
    (1) Rule 1101--Purpose, Scope and Applicability

[[Page 727]]

    (2) Rule 1102--General Prohibitions

                              Rhode Island

    (a) The statutory provisions include:
    1. Rhode Island General Laws, Title 42: State Affairs and 
Government; Chapter 42-17.1, Department of Environmental Management; 
Section 42-17.1-2, Powers and Duties.
    (31) standards for the quality of air, and water, and the location, 
design, construction, and operation of all underground storage 
facilities used for storing petroleum products or hazardous materials.
    2. Rhode Island General Laws, Title 46: Waters and Navigation; 
Chapter 46-12. Water Pollution; Section 46-12-3, Powers and Duties of 
the Director.
    (4) accepting and administering loans and grants.
    (21) standards for location, design, construction, maintenance, and 
operation of underground storage facilities used for storing petroleum 
products or hazardous materials to prevent, abate, and remedy the 
discharge of petroleum products and hazardous materials into the waters 
of the state.
    (22) promulgate regulations for monitoring wells.
    (b) The regulatory provisions include:
    1. Rhode Island Rules and Regulations for Underground Storage 
Facilities Used for Regulated Substances and Hazardous Materials, 250-
RICR-140-25-1, (effective November 20, 2018)
    Section 1.1 Purpose.
    Section 1.2. Authority.
    Section 1.3 Incorporated Materials.
    Section 1.4 Applicability, except (E) and (G).
    Section 1.5 Definitions.
    Section 1.6 Administrative Findings.
    Section 1.7 Facility Registration.
    Section 1.8 Financial Responsibility, except (D).
    Section 1.10 Minimum UST Operation and Maintenance Requirements, 
except (C), (D), and (F)(4) and (T).
    Section 1.11 New and Replacement UST System Requirements, except 
(B)(1-3) and (5), (C)(1), (J)(1), and (L)(2).
    Section 1.12 Facility Modifications or Repairs, except (A).
    Section 1.13 Maintaining Records.
    Section 1.14 Leak and Spill Response.
    Section 1.15 Closure, except (D)(5).
    Section 1.16 Approval of Tank and/or Line Tightness Tests, Leak 
Detection Methods and Licensing Requirements, except (B), (D), (E), (F), 
(G) and (H).
    Section 1.17 Signatories to Registration and Closure Applications.
    Section 1.18 Transfer of Certificates of Registration and Closure.

                             South Carolina

    (A) The statutory provisions include:
    State Underground Petroleum Environmental Response Bank Act (SUPERB) 
of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010):
    44-2-10 Short Title.
    44-2-20 Definitions.
    44-2-70 Financial responsibility of underground storage tank owners 
and operators; except the first sentence of (B).
    44-2-80 Release of regulated substance; containment, removal, and 
abatement.
    (B) The regulatory provisions include:
    South Carolina Underground Storage Tank Control Regulations, R.61-92 
(2017):
    280.10 Applicability, except (d).
    280.11 Installation requirements for partially excluded UST systems.
    280.12 Definitions.
    280.20 Performance standards for new UST systems, except for the 
text ``obtain permits in accordance with section 280.23 and'' in the 
introductory paragraph, and the text ``on the Permit to Operate 
application form in accordance with Section 280.23'' in (f).
    280.21 Upgrading of Existing UST systems.
    280.22 Notification requirements, except (h) and (i).
    280.24 Testing.
    280.25 Secondary containment required.
    280.30 Spill and overfill control.
    280.31 Operation and maintenance of corrosion protection.
    280.32 Compatibility.
    280.33 Repairs allowed.
    280.34 Reporting and recordkeeping.
    280.35 Periodic testing of spill prevention equipment and 
containment sumps used for interstitial monitoring of piping and 
periodic inspection of overfill prevention equipment.
    280.36 Periodic operation and maintenance walkthrough inspections.
    280.40 General requirements for all UST systems.
    280.41 Requirements for petroleum UST systems.
    280.42 Requirements for hazardous substance UST systems.
    280.43 Methods of release detection for tanks.
    280.44 Methods of release detection for piping.
    280.45 Release detection recordkeeping.
    280.50 Reporting of suspected releases.
    280.51 Investigation due to off-site impacts.
    280.52 Release investigation and confirmation steps.
    280.53 Reporting and cleanup of spills and overfills.
    280.60 General.
    280.61 Initial response.
    280.62 Initial abatement measures and site check.
    280.63 Initial site characterization.
    280.64 Free product removal.

[[Page 728]]

    280.65 Investigations for soil and ground-water cleanup.
    280.66 Corrective action plan.
    280.70 Temporary closure.
    280.71 Permanent closure and changes-in-service.
    280.72 Assessing the site at closure or change-in-service.
    280.73 Applicability to previously closed UST systems.
    280.74 Closure records.
    280.90 Applicability.
    280.91 Compliance dates.
    280.92 Definition of terms.
    280.93 Amount and scope of required financial responsibility.
    280.94 Allowable mechanisms and combinations of mechanisms.
    280.95 Financial test of self-assurance.
    280.96 Guarantee.
    280.97 Insurance and risk retention group coverage.
    280.98 Surety Bond.
    280.99 Letter of credit.
    280.100 Use of state-required mechanism [Reserved].
    280.101 State fund or other state assurance, except (b) through (e).
    280.102 Trust Fund.
    280.103 Standby trust fund.
    280.104 Local government bond rating test.
    280.105 Local government financial test.
    280.106 Local government guarantee.
    280.107 Local government fund.
    280.108 Substitution of financial assurance mechanisms by owner or 
operator.
    280.109 Cancellation or non-renewal by a provider of financial 
assurance.
    280.110 Reporting by owner or operator.
    280.111 Recordkeeping.
    280.112 Drawing on financial assurance mechanisms.
    280.113 Release from the requirements.
    280.114 Bankruptcy or other incapacity of owner or operator or 
provider of financial assurance.
    280.115 Replenishment of guarantees, letters of credit, or surety 
bonds.
    280.116 Suspension of enforcement [Reserved].
    280.200 Definitions.
    280.210 Participation in management.
    280.220 Ownership of an underground storage tank or underground 
storage tank system or facility or property on which an underground 
storage tank or underground storage tank system is located.
    280.230 Operating an underground storage tank or underground storage 
tank system.
    280.240 General requirement for all UST systems, except (b).
    280.241 Designation of Class A, B, and C operators.
    280.242 Requirements for operator training.
    280.243 Timing of operator training.
    280.244 Retraining.
    280.245 Documentation.
    280.250 Definitions.
    280.251 General Requirements.
    280.252 Additions, exceptions, and alternatives for UST systems with 
field-constructed tanks and airport hydrant systems.
    (C) Copies of the South Carolina statutes and regulations that are 
incorporated by reference are available from the South Carolina State 
Register, 223 Blatt Building, 1105 Pendleton Street, Columbia, South 
Carolina 29201; Phone number: (803) 212-4500; website: https://
www.scstatehouse.gov/.

                              South Dakota

    (a) The statutory provisions include South Dakota Statutes 
Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage Tanks:
    Section 98 Underground storage tanks--Definitions.
    Section 99 Underground storage tanks--Adoption of Rules--Violation.
    (b) The regulatory provisions include State of South Dakota 
Administrative Rules, Chapter 74:03:28, Underground Storage Tanks, 
Department of Environment and Natural Resources, June 24, 1992:
    Section 74:03:28:01 Definitions.
    Section 74:03:28:02 Performance standards for new UST systems--
General requirements.
    Section 74:03:28:03 Upgrading of existing UST systems--General 
requirements and deadlines.
    Section 74:03:28:04 Notification requirements for UST systems.
    Section 74:03:28:05 Spill and overfill control.
    Section 74:03:28:06 Operation and maintenance of cathodic 
protection.
    Section 74:03:28:07 Compatibility.
    Section 74:03:28:08 Repairs allowed--general requirements.
    Section 74:03:28:09 Maintenance and availability of records.
    Section 74:03:28:10 Release detection for all UST systems--general 
requirements and deadlines.
    Section 74:03:28:11 Release detection requirements for petroleum UST 
systems.
    Section 74:03:28:12 Release detection requirements for pressure 
piping.
    Section 74:03:28:13 Recordkeeping.
    Section 74:03:28:14 Release notification plan.
    Section 74:03:28:15 Reported of suspected releases.
    Section 74:03:28:16 Release investigation and confirmation.
    Section 74:03:28:17 Off-site impacts and source investigation.
    Section 74:03:28:18 General requirements for corrective action for 
releases from UST systems.

[[Page 729]]

    Section 74:03:28:19 Initial abatement requirements and procedures 
for releases from UST systems.
    Section 74:03:28:20 Free product removal.
    Section 74:03:28:21 Additional site investigation for releases from 
UST systems.
    Section 74:03:28:22 Soil and groundwater cleanup for releases from 
UST systems.
    Section 74:03:28:23 Reporting of releases from UST systems.
    Section 74:03:28:28 Reporting of hazardous substance releases from 
UST systems.
    Section 74:03:28:29 Temporary removal from use.
    Section 74:03:28:30 Temporary closure.
    Section 74:03:28:31 Permanent closure.
    Section 74:03:28:32 Postclosure requirements.
    Section 74:03:29:01 Applicability.
    Section 74:03:29:23 Definitions.
    Section 74:03:29:24 Financial responsibility rules.

                                Tennessee

    (A) The statutory provisions include:
    Tennessee Petroleum Underground Storage Tank Act (the UST Act) of 
1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018):
    68-215-101 Short Title.
    68-215-103 Definitions, except (17)(A)(iii) and (iv).
    68-215-104 Prohibitions, except (3) and (4).
    68-215-105 Minimum standards.
    68-215-106 Notice; certificates and certification; except (a)(6), 
(b)(1), (b)(2), and (c) through (f).
    68-215-107 Supervision; orders; enforcement; rules and regulations; 
except (a) through (g)(1).
    68-215-110 Fund; environmental assurance fee; except (b) through 
(h).
    68-215-112 Repealed.
    68-215-113 Repealed.
    68-215-124 Exemptions.
    68-215-128 Obsolete.
    68-215-130 Repealed.
    68-215-201 Definitions.
    68-215-202 Ownership of petroleum site or petroleum underground 
storage tank or property on which a petroleum site or petroleum 
underground tank is located.
    68-215-203 Operation prior to and after foreclosure.
    68-215-204 Participation in the management.
    (B) The regulatory provisions include:
    Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R. & 
Regs. 0400-18-01-.01 to .17 (2018):
    0400-18-01-.01 Program Scope, Definitions, and Proprietary 
Information Applicability; except (4)1.(iii) and (iv) of the definition 
for ``Responsible party'' and (5).
    0400-18-01-.02 UST Systems: Installation and Operation; except 
(1)(a)2. and (4)(c)6.(ii)(II)IV.
    0400-18-01-.03 Notifications, Reporting, and Record Keeping.
    0400-18-01-.04 Release Detection; except (1)(e).
    0400-18-01-.05 Release Reporting, Investigation, and Confirmation; 
except (1)(b) and (c).
    0400-18-01-.06 Petroleum Release Response, Remediation, and Risk 
Management; except for the text ``The fund shall not reimburse the 
owner, operator, and/or other responsible party of petroleum UST system 
for the cost of generating duplicate data'' in (2)(b)1. Also, except 
(3)(f), (7)(c), and (11)(b) and (c).
    0400-18-01-.07 Out-of-Service UST Systems and Closure; as to 
Appendix 0400-18-01-.07-A, except for the text ``transport and'' in 
(4)(a). Also, except (4)(e).
    0400-18-01-.08 Financial Responsibility; except (5)(a), (5)(b), 
(20), and (21).
    0400-18-01-.12 Indicia of Ownership; except (3) and (4).
    0400-18-01-.13 Reserved.
    0400-18-01-.16 Certified Operator Program.
    0400-18-01-.17 UST Systems with Field-Constructed Tanks and Airport 
Hydrant Systems.
    (C) Copies of the Tennessee statutes and regulations that are 
incorporated by reference are available from the Tennessee Department of 
Environment and Conservation, Division of Underground Storage Tanks, 
William R. Snodgrass Tennessee Tower, 12th Floor, 312 Rosa L. Parks 
Ave., Nashville, TN 37243; Phone number: (615) 532-0730; website: 
https://www.tn.gov/ environment/ program-areas/ ust-underground-storage-
tanks/ ust/act-rules-and-policies.html.

                                  Texas

    (a) The regulatory provisions include:
1. Texas Administrative Code, Title 30, Part I. Texas Commission on 
Environmental Quality, Chapter 37 Financial Assurance, as amended 
effective through May 31, 2018:

Subchapter I. Financial Assurance for Petroleum Underground Storage Tank 
Systems
    Section 37.801 Applicability
    Section 37.802 Definitions
    Section 37.815 Amount and Scope of Required Financial Assurance
    Section 37.820 Allowable Mechanisms and Combinations of Mechanisms
    Section 37.825 Financial Test of Self-Insurance
    Section 37.830 Guarantee
    Section 37.835 Insurance and Risk Retention Group Coverage
    Section 37.840 Surety Bond
    Section 37.845 Letter of Credit
    Section 37.850 Trust Fund
    Section 37.855 Standby Trust Fund
    Section 37.860 Substitution of Financial Assurance Mechanisms by 
Owner or Operator

[[Page 730]]

    Section 37.865 Cancellation or Non-Renewal by a Provider of 
Financial Assurance
    Section 37.867 Duty to Empty Tanks After Termination of Financial 
Assurance
    Section 37.870 Reporting, Registration, and Certification
    Section 37.875 Financial Assurance Recordkeeping
    Section 37.880 Drawing on Financial Assurance Mechanisms
    Section 37.885 Release from the Requirements
    Section 37.890 Bankruptcy or Other Incapacity of Owner or Operator 
or Provider of Financial Assurance
    Section 37.895 Replenishment of Guarantees, Letters of Credit or 
Surety Bonds

2. Texas Administrative Code, Title 30, Part I. Texas Commission on 
Environmental Quality, Chapter 334 Underground and Aboveground Storage 
Tanks; effective May 31, 2018:

Subchapter A. General Provisions:
    Section 334.1 ``Purpose and Applicability''
    Section 334.2 ``Definitions'' (except as they apply to aboveground 
storage tanks (ASTs))
    Section 334.3 ``Exemptions for Underground Storage Tanks (USTs) and 
UST Systems''
    Section 334.4 ``Exclusions for Underground Storage Tanks (USTs) and 
UST Systems''
    Section 334.5 ``General Prohibitions for Underground Storage Tanks 
(USTs) and UST Systems''
    Section 334.6 ``Construction Notification for Underground Storage 
Tanks (USTs) and UST Systems''
    Section 334.7 ``Registration for Underground Storage Tanks (USTs) 
and UST Systems''
    Section 334.8 ``Certification for Underground Storage Tanks (USTs) 
and UST Systems''
    Section 334.10 ``Reporting and Recordkeeping''
    Section 334.12 ``Other General Provisions''
    Section 334.15 ``Limits on Liability of Lender'' (except as it 
applies to aboveground storage tanks (ASTs))
    Section 334.16 ``Limits on Liability of Corporate Fiduciary''
    Section 334.18 ``Limits on Liability of Taxing Unit'' (except as it 
applies to aboveground storage tanks (ASTs))

Subchapter C. Technical Standards:
    Section 334.41 ``Applicability''
    Section 334.42 ``General Standards''
    Section 334.43 ``Variances and Alternative Procedures''
    Section 334.44 ``Implementation Schedules''
    Section 334.45 ``Technical Standards for New Underground Storage 
Tank Systems''
    Section 334.46 ``Installation Standards for New Underground Storage 
Tank Systems''
    Section 334.47 ``Technical Standards for Existing Underground 
Storage Tank Systems''
    Section 334.48 ``General Operating and Management Requirements''
    Section 334.49 ``Corrosion Protection''
    Section 334.50 ``Release Detection''
    Section 334.51 ``Spill and Overfill Prevention and Control''
    Section 334.52 ``Underground Storage Tank System Repairs and 
Relining''
    Section 334.53 ``Reuse of Used Tanks''
    Section 334.54 ``Temporary Removal from Service''
    Section 334. 55 ``Permanent Removal from Service''
    Section 334.56 ``Change to Exempt or Excluded Status''

Subchapter D. Release Reporting and Corrective Action:
    Section 334.71 ``Applicability and Deadlines''
    Section 334.72 ``Reporting of Suspected Releases''
    Section 334.73 ``Investigation Due to Off-Site Impacts''
    Section 334.74 ``Release Investigation and Confirmation Steps''
    Section 334.75 ``Reporting and Cleanup of Surface Spills and 
Overfills''
    Section 334.76 ``Initial Response to Releases''
    Section 334.77 ``Initial Abatement Measures and Site Check''
    Section 334.78 ``Site Assessment''
    Section 334.79 ``Removal of Non-Aqueous Phase Liquids (NAPLs)''
    Section 334.80 ``Investigation of Soil and Groundwater Cleanup''
    Section 334.81 ``Corrective Action Plan''
    Section 334.84 ``Corrective Action by the Agency''
    Section 334.85 ``Management of Wastes''

Subchapter J. Leaking Petroleum Storage Tank Corrective Action 
Specialist Registration and Project Manager Licensing:
    Section 334.451 ``Applicability of Subchapter J''
    Section 334.454 ``Exception for Emergency Abatement Actions''
    Section 334.455 ``Notice to Owner or Operator''

Subchapter N. Operator Training:
    Section 334.601 ``Purpose and Applicability''
    Section 334.602 ``Designation and Training of Classes of Operators''
    Section 334.603 ``Acceptable Operator Training and Certification 
Processes''

[[Page 731]]

    Section 334.604 ``Operator Training Deadlines''
    Section 334.605 ``Operator Training Frequency''
    Section 334.606 ``Documentation of Operator Training''

    (b) Copies of the Texas UST regulations that are incorporated by 
reference are available from Thomson Reuters, 610 Opperman Drive, Eagan, 
MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions. 
thomsonreuters.com; or the Texas Secretary of State office website at 
https://texreg.sos.state.tx.us/ public/ readtac$ext.ViewTAC ?tac_view=4& 
ti=30&pt=1& ch=334.

                                  Utah

    (a) The statutory provisions include: Utah Code, Title 19: 
``Environmental Quality Code,'' Chapter 1, ``General Provisions, Part 2, 
Powers,'' (May 8, 1991) and Chapter 6, ``Hazardous Substances, Part 4, 
Underground Storage Tank Act'' (May 8, 2018):
    Section 19-1-203, Representatives of department authorized to enter 
regulated premises.
    Section 19-6-402, Definitions, except (3), (4), (8), (9), (11), 
(14), (15), (20), (23) and (26).
    Section 19-6-402.5, Retroactive effect.
    Section 19-6-403, Powers and duties of board, except (1)(a)(i), 
(1)(a)(vi) and (1)(a)(vii).
    Section 19-6-404, Powers and duties of director, except 2(c), 2(f), 
2(j) and 2(m).
    Section 19-6-407, Underground storage tank registration--Change of 
ownership or operation--civil penalty, except (2) and (3).
    Section 19-6-413, Tank tightness test--Action required after 
testing.
    Section 19-6-420 Abatement actions--Corrective actions, except (1) 
through (3)(b), (4)(a), (5)(b) and (c), (6), and 9(b).
    (b) Administrative Rules of the State of Utah, Title 311 
Environmental Quality, Environmental Response and Remediation, Utah 
Administrative Code (April 1, 2018):
    (1) Section R311-200-1, Underground Storage Tanks: Definitions, 
except (b)(2), (b)(5), (b)(6), (b)(7), (b)(10), (b)(11), (b)(12), 
(b)(13), (b)(20), (b)(22), (b)(28), (b)(34), (b)(38), (b)(44), (b)(45), 
(b)(49), (b)(51), (b)(55), (b)(56), (b)(58), and (b)(59).
    Section R311-201-1, Underground Storage Tanks: Definitions, except 
those definitions listed as excepted under R311-200-1.
    Section R311-201-12, Underground Storage Tanks: Certification 
Programs and UST Operator Training, UST Operator Training and 
Registration, except (d)(2) and (f).
    Section R311-202-1, Federal Underground Storage Tank Regulations, 
Incorporation by reference, except (a), (b), (c), and (d).
    Section R311-203-1, Underground Storage Tanks: Technical Standards, 
Definitions, except those definitions listed as excepted under R311-200-
1.
    Section R311-203-2, Notification.
    Section R311-203-3, New installations, permits, except (b), (c), and 
(g).
    Section R311-203-5, UST testing requirements.
    Section R311-203-6, Secondary containment and under-dispenser 
containment.
    Section R311-203-7, Operator inspections.
    Section R311-203-8, Unattended facilities.
    Section R311-204-1, Underground Storage Tanks: Closure and 
Remediation, Definitions, except those definitions listed as excepted 
under R311-200-1.
    Section R311-204-2, Underground Storage Tank Closure Plan.
    Section R311-204-3, Disposal.
    Section R311-204-4, Closure notice.
    Section R311-205-1, Underground Storage Tanks: Site Assessment 
Protocol, Definitions, except those definitions listed as excepted under 
R311-200-1.
    Section R311-205-2, Site assessment protocol.
    Section R311-206-1, Underground Storage Tanks: Certificate of 
Compliance and Financial Assurance Mechanisms, Definitions, except those 
definitions listed as excepted under R311-200-1.
    Section R311-206-2, Declaration of financial assurance mechanisms, 
except (a)(1), (b), and (c).
    Section R311-206-3, Requirements for issuance of certificates of 
compliance, except (7) and (8).
    Section R311-206-5, Requirements for owners and operators 
demonstrating financial assurance by other methods, except (b) and 
(b)(2).
    Section R311-206-8, Delivery prohibition, except (a)(1)--(4) and 
(f)(1)(A).
    (c) Copies of the Utah regulations that are incorporated by 
reference are available from the Utah's Office of Administrative Rules, 
Office Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; 
Phone number: 801-538-3003; website: https://rules.utah.gov/ 
publications/ utah-adm-code/.

                                 Vermont

    (a) The statutory provisions include:

  1. Title 10 Vermont Statutes Annotated, Chapter 59, Underground and 
                    Aboveground Liquid Storage Tanks

    Section 1921. Purpose; Section 1922. Definitions; Section 1923. 
Notice of new or existing underground storage tanks; Section 1924. 
Integrity report; Section 1926. Unused and abandoned tanks; Section 
1927. Regulation of category one tanks, except (a) and (d); Section 
1928. Regulation of farm and residential large motor fuel tanks; Section 
1930. Implementation; coordination, except (b) and (c).

[[Page 732]]

  2. Title 10 Vermont Statutes Annotated, Chapter 159, Waste Management

    Section 6602. Definitions, 6602(1), (6), (16)(A)(i), (ii) and (iv), 
(17), (23), (34); Section 6615. Liability, 6615(g); Section 6615a. 
Diligent and appropriate investigation for hazardous materials; Section 
6615b. Corrective action procedures; Section 6616. Release prohibition; 
Section 6617. Person responsible for release; notice to Agency.
    (b) The regulatory provisions include:

  1. Code of Vermont Rules 12-032-004. CHAPTER 8--Vermont Underground 
             Storage Tank Rules (Effective October 26, 2020)

Subchapter 1: General Provisions, Section 8-101. Authority; Section 8-
102. Purpose and Applicability, except ``install, remove, repair, or 
test''; Section 8-103. Release Prohibition, Reporting, Emergency 
Response, except (b) ``owner of the land on which the underground 
storage tank system is located, transporter of fuel, etc.'' and (g); 
Section 8-104. Signatories to Permits and Reports; Section 8-105. 
Incorporation by Reference; Section 8-109. Transfer of Ownership, 
Operation; Permits, Notification of Rules, Section 8-109(b); Subchapter 
2: Definitions; Subchapter 3: Registration (Notification), Permits, And 
Operator Training, Section 8-301. Applicability, 8-301(a)(1)(C) and (D); 
8-301(a)(2)(A), (C), and (D); 8-301(b)(1), (b)(3) and (b)(4); Section 8-
302. Registration, except 8-302(a)(1)(C) and 8-302(c); Section 8-303. 
Permits for Category One Underground Storage Tank Systems, 8-303(f); 
Section 8-305. Financial Responsibility Requirements; Section 8-306. 
Change-in-Service; Section 8-307. Operator Training Requirements; 
Section 8-308. Approval of Operator Training Test; Subchapter 4: Design, 
Manufacturing, and Installation Standards for Underground Storage Tank 
Systems, Section 8-402. Prohibitions, 8-402(c), (d) and (e); Section 8-
403. General Requirements; Section 8-404. Tank Installation Standards; 
Section 8-405. Piping Standards, except 8-405(b), (d)(2), and (e); 
Section 8-406. Spill Containment & Overfill Prevention Measures and 
Equipment, except 8-406(c) and (d); Section 8-407. Scheduling 
Installations of Underground Storage Tank Systems, except 8-407(a)(1); 
Section 8-408. Reuse of Tanks; Section 8-409 Underground Storage Tank 
Systems Located at Marinas; Section 8-410. Field Constructed Tanks and 
Airport Hydrant Systems; Subchapter 5: Operating Standards for 
Underground Storage Tanks, Section 8-501. Applicability; Section 8-502. 
General and Recordkeeping Requirements; Section 8-503. Spill and 
Overfill Prevention; Monitoring of Deliveries, except 8-503(a) and (b); 
Section 8-504. Cathodic Protection Systems; Section 8-505. General 
Requirements for Release Detection; Section 8-506. Release Detection 
Requirements for Tanks, except 8-506(c)(1)(F); Section 8-507. Release 
Detection Requirements for Piping, Sumps, and Spill Containment; Section 
8-508. Underground Storage Tank System Repairs, except 8-508(c)(9)(B), 
(C), and (D), and 8-508(g); Section 8-509. Periodic Inspections and 
Self-Certifications; Section 8-510. Unstaffed Facilities; Section 8-511. 
Testing of Sumps, Spill Containment, and Overfill Prevention Devices, 
except 8-511(c); Section 8-512. Field Constructed Tanks and Airport 
Hydrant Systems; Subchapter 6: Out-Of-Service, Continued Use, And 
Closure Standards for Underground Storage Tank Systems, Section 8-601. 
Applicability, except 8-601(c) and (d); Section 8-602. Out-of-Service 
Underground Storage Tank Systems; Section 8-603. Continued Use of 
Underground Storage Tank Systems; Section 8-604: Closure of Underground 
Storage Tank Systems, except the words ``or three'' in 8-604(g), 8-
604(h)(3), and 8-604(i) with respect to the Secretary's issuance of an 
amended permit; Section 8-605. Release Assessment at the Time of Closure 
or a Change-In-Service; and 8-606. Closure Records.
2. Code of Vermont Rules 12-032-008. Chapter 35--Investigation and 
Remediation of Contaminated Properties Rule (Effective July 6, 2019) 
only insofar as they pertain to the regulation of underground storage 
tanks in Vermont and only insofar as they are incorporated by reference 
and are not broader in scope than the federal requirements.
Subchapter 1. General Provisions, except Section 35-103, Severability, 
and Section 35-107, Historical Fill Exemption; Subchapter 2. 
Definitions; Subchapter 3. Site Investigation; Subchapter 4. Data 
Evaluations; Subchapter 6. Corrective Action; Subchapter 7. Long Term 
Monitoring; Subchapter 8. Contaminated Soil, except Section 35-805. 
Development Soils ; Subchapter 9. Institutional Controls; Subchapter 10. 
Site Closure.

                                Virginia

    (a) The statutory provisions include:
    (1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control 
Law.

                        Article 9: Storage Tanks

Section 62.1-44.34:8 Definitions, except ``Regulated substance'' insofar 
as the term includes substances not regulated under the federal program
Section 62.1-44.34:9 Powers and duties of Board

                 Article 10: Petroleum Storage Tank Fund

Section 62.1-44.34:10 Definitions, except ``Regulated substance'' 
insofar as the term includes substances not regulated under the federal 
program

[[Page 733]]

Section 62.1-44.34:11 Virginia Petroleum Storage Tank Fund
Section 62.1-44.34:12 Financial Responsibility

    (b) The regulatory provisions include:
    (1) Virginia Administrative Code, Title 9, Agency 25: State Water 
Control Board, Chapter 580: Underground Storage Tanks: Technical 
Standards and Corrective Action Requirements.

 Part I: Definitions, Applicability, and Installation Requirements for 
                     Partially Excluded UST Systems

9 VAC 25-580-10 Definitions, except the terms ``Delivery prohibition,'' 
``Delivery prohibition tag,'' and ``Regulated substance'' insofar as the 
term includes substances not regulated under the federal program
9 VAC 25-580-20 Applicability
9 VAC 25-580-30 Installation requirements for partially excluded UST 
systems

     Part II: UST Systems: Design, Construction, Installation, and 
                              Notification

9 VAC 25-580-50 Performance standards for new UST systems, except USBC 
permitting and inspection requirements at -50.4 and -50.5
9 VAC 25-580-60 Upgrading of existing UST systems, except USBC 
permitting and inspection requirements
9 VAC 25-580-70 Notification requirements

                Part III: General Operating Requirements

9 VAC 25-580-80 Spill and overfill control
9 VAC 25-580-82 Periodic testing of spill prevention equipment and 
containment sumps used for interstitial monitoring of piping and 
periodic inspection of overfill prevention equipment
9 VAC 25-580-85 Periodic operation and maintenance walkthrough 
inspections
9 VAC 25-580-90 Operation and maintenance of corrosion protection
9 VAC 25-580-100 Compatibility
9 VAC 25-580-110 Repairs allowed, except USBC permitting and inspection 
requirements
9 VAC 25-580-120 Reporting and recordkeeping
9 VAC 25-580-125 Operator training

                       Part IV: Release Detection

9 VAC 25-580-130 General requirements for all petroleum and hazardous 
substance UST systems
9 VAC 25-580-140 Requirements for petroleum UST systems
9 VAC 25-580-150 Requirements for hazardous substance UST systems
9 VAC 25-580-160 Methods of release detection for tanks, except USBC 
permitting and inspection requirements
9 VAC 25-580-170 Methods of release detection for piping, except USBC 
permitting and inspection requirements
9 VAC 25-580-180 Release detection recordkeeping

       Part V: Release Reporting, Investigation, and Confirmation

9 VAC 25-580-190 Reporting of suspected releases
9 VAC 25-580-200 Investigation due to off-site impacts
9 VAC25-580-210 Release investigation and confirmation steps
9 VAC 25-580-220 Reporting and cleanup of spills and overfills

    Part VI: Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances

9 VAC 25-580-230 General
9 VAC 25-580-240 Initial response
9 VAC 25-580-250 Initial abatement measures and site check
9 VAC 25-580-260 Site characterization
9 VAC 25-580-270 Free product removal
9 VAC 25-580-280 Corrective action plan
9 VAC 25-580-300 Public participation

            Part VII: Out-of-Service UST Systems and Closure

9 VAC 25-580-310 Temporary closure, except USBC permitting and 
inspection requirements
9 VAC 25-580-320 Permanent closure and changes-in-service, except USBC 
permitting and inspection requirements
9 VAC 25-580-330 Assessing the site at closure or change-in-service
9 VAC 25-580-340 Applicability to previously closed UST systems
9 VAC 25-580-350 Closure records

                          Part VIII: Delegation

9 VAC 25-580-360 Delegation of authority

  Part X: UST Systems With Field-Constructed Tanks and Airport Hydrant 
                        Fuel Distribution Systems

9 VAC 25-580-380 General requirements, except USBC permitting and 
inspection requirements
9 VAC 25-580-390 Additions, exceptions, and alternatives for UST systems 
with field constructed tanks and airport hydrant systems, except USBC 
permitting and inspection requirements

                           Forms (9VAC25-580)

    (2) Virginia Administrative Code, Title 9, Agency 25: State Water 
Control Board, Chapter 590: Petroleum Underground Storage Tank Financial 
Responsibility Requirements

9 VAC 25-590-10 Definitions

[[Page 734]]

9 VAC 25-590-15 Applicability of incorporated references based on the 
dates that they became effective
9 VAC 25-590-20 Applicability
9 VAC 25-590-30 Compliance dates
9 VAC 25-590-40 Amount and scope of financial responsibility requirement
9 VAC 25-590-50 Allowable mechanisms and combinations of mechanisms
9 VAC 25-590-60 Financial test of self-insurance
9 VAC 25-590-70 Guarantee
9 VAC 25-590-80 Insurance and group self-insurance pool coverage
9 VAC 25-590-90 Surety bond
9 VAC 25-590-100 Letter of credit
9 VAC 25-590-105 Certificate of deposit
9 VAC 25-590-110 Trust fund
9 VAC 25-590-130 Substitution of financial assurance mechanisms by owner 
or operator
9 VAC 25-590-140 Cancellation or nonrenewal by a provider of financial 
assurance
9 VAC 25-590-150 Reporting by owner or operator
9 VAC 25-590-160 Recordkeeping
9 VAC 25-590-170 Drawing on financial assurance mechanism
9 VAC 25-590-180 Release from the requirements
9 VAC 25-590-190 Bankruptcy or other incapacity of owner, operator or 
provider of financial assurance
9 VAC 25-590-200 Replenishment of guarantees, letters of credit, 
certificates of deposit, or surety bonds
9 VAC 25-590-210 Virginia Petroleum Storage Tank Fund
9 VAC 25-590-220 Notices to the State Water Control Board
9 VAC 25-590-230 Delegation of authority
9 VAC 25-590-240 Lender liability
9 VAC 25-590-250 Local government financial responsibility demonstration
9 VAC 25-590-260 Modifications to language incorporated by reference
Appendix I: Letter from Chief Financial Officer
Appendix II: Guarantee
Appendix III: Endorsement
Appendix IV: Certificate of Insurance
Appendix V: Payment and Performance Bond
Appendix VI: Irrevocable Standby Letter of Credit
Appendix VII: Trust Agreement
Appendix VIII: Certification of Acknowledgement
Appendix IX: Certification of Financial Responsibility
Appendix X: Certification of a Valid Claim
Appendix XI: Letter from Chief Financial Officer (Short Form)
Appendix XII: Certificate of Group Self-Insurance Pool Membership
Appendix XIII: Assignment of Certificate of Deposit

                               Washington

    (a) The statutory provisions include:
    (1) Chapter 70A.355 RCW, ``Underground Storage Tanks'': Sections 
70A.355.010, ``Definitions''; 70A.355.020, ``Department's Powers and 
Duties--Rule-Making Authority'', Subsections 020(1), 020(2), 020(3); 
70A.355.030, ``Environmentally Sensitive Areas''; 70A.355.090, 
``Underground storage tank account''; 70A.355.100, ``Preemption''; 
70A.355.900, ``Captions not law''; 70A.355.901 ``Severability--1989 c 
346''; and 70A.355.902, ``Effective Date--1989 c 346''.
    (b) The regulatory provisions include:
    (1) Washington Administrative Code, Chapter 173-360A:

173-360A-0100 Purpose of chapter
173-360A-0110 Applicability of chapter
173-360A-0120 Preemption of local programs
173-360A-0130 Approval of more stringent local requirements
173-360A-0150 Definitions, except subsections -150(24), -150(54), and -
150(56)
173-360A-0190 Severability
173-360A-0230 Reporting requirements, except subsections -0230(1), (7), 
(8) and (9)
173-360A-0240 Recordkeeping requirements, except subsection -0240(5)
173-360A-0260 Information sharing
173-360A-0300 Installation of UST systems and components
173-360A-0310 Performance standards for new UST systems and components
173-360A-0320 Upgrade requirements for existing UST systems
173-360A-0330 Upgrade requirements for previously deferred UST systems
173-360A-0340 Performance standards for partially exempt UST systems
173-360A-0350 Compatibility requirements for UST systems
173-360A-0400 Transfer of reguated substances--Owners and operators
173-360A-0405 Transfer of regulated substances--Product deliverers and 
waste oil collectors
173-360A-0410 Change in regulated substances
173-360A-0420 Operation and maintenance walkthrough inspections
173-360A-0430 Operation and maintenance corrosion protection
173-360A-0440 Operation and maintenance internal linings
173-360A-0450 Operation and maintenance of containment sumps used for 
interstitial monitoring of piping
173-360A-460 Operation and maintenance of spill prevention equipment
173-360A-0470 Operation and maintenance of overfill protection equipment
173-360A-0480 Operation and maintenance of release detection equipment
173-360A-0500 Purpose and applicability
173-360A-0510 Designation of Class A, Class B, and Class C operators
173-360A-0520 Timing of operator training

[[Page 735]]

173-360A-0530 Requirements for operator training, except subsection -
530(1)(b)(i)(A), 0530(1)(b)(i)(B), 0530(1)(b)(i)(C) and 0530(1)(b)(ii)
173-360A-0540 Retraining requirements for Class A and Class B operators
173-360A-0545 Operation and maintenance plans
173-360A-0550 Emergency response requirements
173-360A-0560 Documentation and recordkeeping
173-360A-0600 General release detection requirements
173-360A-0610 Release detection requirements for tanks
173-360A-0615 Release detection requirements for piping
173-360A-0620 Inventory control
173-360A-0625 Weekly manual tank gauging
173-360A-0630 Automatic tank gauging
173-360A-0635 Tank tightness testing
173-360A-0640 Automatic line leak detectors
173-360A-0650 Line tightness testing
173-360A-0655 Interstitial monitoring
173-360A-0660 Vapor monitoring
173-360A-0665 Groundwater monitoring
173-360A-0670 Statistical inventory reconciliation
173-360A-0675 Other release detection methods
173-360A-0700 Reporting of suspected releases
173-360A-0710 Investigation due to off-facility impacts
173-360A-0720 Release investigation and confirmation steps
173-360A-0730 Site assessment requirements
173-360A-0740 Reporting and cleanup of spills and overfills, except 
subsection -0740(1)(a) in sofaras not to include groundwater 
contamination
173-360A-0750 Reporting and cleanup of confirmed releases
173-360A-0800 Temporary closure of UST systems
173-360A-0810 Permanent closure of UST systems
173-360A-0820 Change-in-service of UST systems
173-360A-0830 Previously closed UST systems
173-360A-1000 Applicability
173-360A-1005 Definition of terms
173-360A-1010 Period of financial responsibility
173-360A-1015 Scope and amount of financial responsibility
173-360A-1020 Allowable mechanisms and combination of mechanisms
173-360A-1025 Substitution of mechanisms by owners or operators
173-360A-1030 Termination of mechanisms by providers
173-360A-1035 Responsibilities upon bankruptcy or other incapacity of 
owner or operator or provider of financial assurance
173-360A-1040 Recordkeeping by ownerd and operators
173-360A-1045 Reporting by owners and operators
173-360A-1050 Use of standby trusts
173-360A-1055 Use of local government guarantees without standby trusts
173-360A-1060 Mechanism--Financial test of self-insurance
173-360A-1061 Mechanism--Guarantee
173-360A-1062 Mechanism--Insurance and risk retention group coverage
173-360A-1063 Mechanism--Surety bond
173-360A-1064 Mechanism--Letter of credit
173-360A-1065 Mechanism--Trust fund
173-360A-1066 Mechanism--Standby trust fund
173-360A-1070 Mechanism--Local government bond rating test
173-360A-1071 Mechanism--Local government financial test
173-360A-1072 Mechanism--Local government guarantee
173-360A-1073 Mechanism--Local government fund
173-360A-1080 Appendi A--Letter from chief financial officer
173-360A-1081 Appendix B--Guarantee
173-360A-1082 Appendix C--Endorsement
173-360A-1083 Appendix D--Certificate of insurance
173-360A-1084 Appendix E--Performance bond
173-360A-1085 Appendix F--Irrevocable standby letter of credit
173-360A-1086 Appendix G--Trust agreement
173-360A-1087 Appendix H--Certification of acknowledgement
173-360A-1088 Appendix I--Local government bond rating test--Letter from 
chief financial officer of general purpose local governments
173-360A-1089 Appendix J--Local government bond rating test--Letter from 
chief financial officer of nongeneral purpose local governments
173-360A-1090 Appendix K--Local government financial test--Letter from 
chief financial officer
173-360A-1091 Appendix L--Local government guarantee with standby trust 
made by a state
173-360A-1092 Appendix M--Local government guarantee with standby trust 
made by a local government
173-360A-1093 Appendix N--Local government guarantee without standby 
trust made by a state
173-360A-1094 Appendix O--Local government guarantee without standby 
trust made by a local government
173-360A-1095 Appendix P--Local government fund--Letter from chief 
financial officer
173-360A-1096 Appendix Q--Certification of financial responsibility
173-360A-1097 Appendix R--Certification of valid claim

    (2) Washington Administrative Code, Chapter 173-340, ``Model Toxics 
Control Act Cleanup Regulation'':


[[Page 736]]


173-340-450 Releases from underground storage tanks
173-340-600 Public notice and participation

                              West Virginia

    (a) The statutory provisions include:
    (1) Code of West Virginia, Chapter 22, Article 17: Underground 
Storage Tank Act

Section 22-17-1 Short title
Section 22-17-2 Declaration of policy and purpose
Section 22-17-3 Definitions
Section 22-17-4 Designation of division of environmental protection as 
the state underground storage tank program lead agency
Section 22-17-6 Promulgation of rules and standards by director, except 
Sec. 22.17-6.(b)(12) (except as to installation) and (b)(13)
Section 22-17-8 Notification requirements
Section 22-17-9 Registration requirements; undertaking activities 
without registration
Section 22-17-10 Financial responsibility
Section 22-17-11 Performance standards for new underground storage tanks
Section 22-17-12 Confidentiality, except Sec. 22-17-12.(b)
Section 22-17-14 Corrective action for underground petroleum storage 
tanks
Section 22-17-22 Underground storage tank insurance fund

    (b) The regulatory provisions include:
    (1) West Virginia Code of State Regulations, Title 33: Waste 
Management Rule, Series 30: Underground Storage Tanks

Section 33-30-1 General
Section 33-30-2 Adoption of Federal Regulations
Section 33-30-3 Certification Requirements for Individuals Who Install, 
Repair, Retrofit, Upgrade, Perform Change-in-Service, Close or Tightness 
Test Underground Storage Tank Systems or Install, Repair, Upgrade or 
Test Corrosion Protection on Underground Storage Tank Systems (as to 
Individuals Who Install)
Section 33-30-4 Notification Requirements

    Notification for Underground Storage Tanks, revised 2/2018

[58 FR 58625, Nov. 2, 1993]

    Editorial Note: For Federal Register citations affecting appendix A 
to part 282, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



  Sec. Appendix B to Part 282--State Requirements Not Incorporated by 
        Reference in Part 282 of the Code of Federal Regulations

    The EPA evaluated the following statutes and regulations that are 
part of the approved program but are not being incorporated by reference 
for enforcement purposes and do not replace Federal authorities.

                               Washington

    (a) The statutory provisions include:
    (1) RCW 70A.355, ``Underground Storage Tanks,'' Sections 
70A.355.005, 020(5), 020(6), 040(2), 050, 060, and 070.
    (2) RCW 43.21B, ``Environmental Land Use & Hearing Office--Pollution 
Control Hearings Board'' insofar as the provisions and procedures serve 
to implement the underground storage tank program.
    (b) The regulatory provisions, insofar as these sections identify 
specific authorities for the implementation, compliance monitoring and 
enforcement of the underground storage tank program, include:
    (1) WAC 173-360A (July 18, 2018), ``Underground Storage Tank 
Regulations,'' Sections:

173-360A-0140, ``Intergovernmental agreements''
173-360A-0150(24), ``Facility compliance tags''
173-360A-0150(54), ``Product deliverer''
173-360A-0150(56), ``Red tag''
173-360A-0220, ``Facility compliance tags''
173-360A-0250, ``Compliance monitoring, investigation, and access''
173-360A-0270, ``Enforcement''
173-360A-0280, ``Delivery Prohibition''
173-360A-0290, ``Civil penalties''
    (2) WAC 371-08-485(2) and (3), ``Practice and Procedure.''
    (3) Washington Superior Court Civil Rule 24(a)(2).

[86 FR 57763, Oct. 19, 2021]



Sec. Appendix C to Part 282--Other State Provisions Not Incorporated by 
        Reference in Part 282 of the Code of Federal Regulations

    The following statutory and regulatory provisions are ``broader in 
scope'' than the Federal program, are not part of the approved program, 
and are not incorporated by reference herein. These provisions are not 
federally enforceable.

                               Washington

    (a) The statutory provisions include:
    (1) RCW 70A.355, ``Underground Storage Tanks'': Sections 020(4), 
020(7), 020(8), 040(1), 040(3) and 080.
    (2) RCW 70A.305, ``Hazardous Waste Cleanup--Model Toxics Control 
Act'' insofar as the provisions and procedures serve to implement the 
underground storage tank program.
    (3) RCW 70A.325, ``Underground Petroleum Tanks'' insofar as the 
provisions and procedures serve to implement the underground storage 
tank program.

[[Page 737]]

    (4) RCW 70A.330, ``Petroleum Storage Tank Systems Pollution 
Liability Protection Act'' insofar as the provisions and procedures 
serve to implement the underground storage tank program.
    (5) RCW 70A.345, ``Underground Storage Tank Revolving Loan and Grant 
Program'' insofar as the provisions and procedures serve to implement 
the underground storage tank program.
    (6) RCW 82.23A, ``Petroleum Products--Underground Storage Tank 
Program Funding'' insofar as the provisions and procedures serve to 
implement the underground storage tank program.
    (b) The regulatory provisions include:
    (1) WAC 173-360A (July 18, 2018), ``Underground Storage Tank 
Regulations,'' Sections 0200, 0210, 0230(1), (7) and (8), 0240(5), 
0530(1)(i)(A), 0530(1)(b)(i)(B), 0530(1)(b)(i)(C) and 0530(1)(b)(ii), 
0740(1)(a), and 0900 through 0940.

[86 FR 57763, Oct. 19, 2021]

                        PARTS 283	299 [RESERVED]

[[Page 739]]



                              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 741]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    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 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 742]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      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)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 743]]

      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  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 744]]

    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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and 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)

[[Page 745]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                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  [Reserved]
      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  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and 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]

[[Page 746]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (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  Agricultural Marketing Service (Fair Trade Practices 
                Program), 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 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--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  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 747]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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)

[[Page 748]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            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) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. 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  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 749]]

                     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  Office of Workers' Compensation Programs, 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  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium 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)

[[Page 750]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--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) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 751]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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--End)

           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--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)

[[Page 752]]

        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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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

[[Page 753]]

         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 Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      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  Department of Defense, 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, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 754]]

                          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 Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       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)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 755]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)
   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)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 756]]

       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)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [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)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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 757]]

                       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)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, 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 of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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)

[[Page 758]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           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)

[[Page 759]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        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 (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [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)

[[Page 760]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 761]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          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
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 762]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               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
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
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 of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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

[[Page 763]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       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
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 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 Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 764]]

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 Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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                       5, XXXVII; 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                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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 Permitting Improvement Steering Council   40, IX
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 765]]

  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
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 766]]

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, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
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 of                            2, XXVIII; 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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 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
  Federal Acquisition Regulation                  48, 29

[[Page 767]]

  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, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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   2, XXII; 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, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 768]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
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
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
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 Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 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 of                              2, VI; 22, I; 28, XI

[[Page 769]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  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 of the                       2, X; 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                   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
  Financial Crimes Enforcement Network            31, X
  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
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 771]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
271 Authority citation revised.......................................462
    State hazardous waste management programs........5948, 10383, 42036, 
                                                     43772, 65101, 66143
271.3 (b)(4) revised.................................................462
271.10 (h) introductory text revised.................................462
271.12 (i) revised; (k) added........................................462
272.1651 Revised...................................................18439
272.1751 Revised...................................................54523
272 Appendix A amended......................................18441, 54525
281 State underground storage tank programs........................65104
282.86 Revised.......................................................990
282.94 Revised.....................................................55290
282 Appendix A amended........................................991, 55291

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
266.500--266.510 (Subpart P) Added; eff. 8-21-19....................5940
268.1 (f)(3) and (4) revised; (f)(5) added.........................67217
268.7 Heading and (a) heading revised; eff. 8-21-19.................5949
268.50 (a)(4) and (5) added; eff. 8-21-19...........................5950
270.1 (c)(2)(x) added; eff. 8-21-19.................................5950
    (c)(2)(viii)(C) and (D) revised; (c)(2)(viii)(E) added.........67217
271 State hazardous waste management programs.........5603, 8988, 12936, 
                         12937, 16408, 20549, 22378, 26359, 32628, 54516
    Policy statement...............................................50766
271 Regulation at 83 FR 65101 eff. date delayed to 4-30-19..........8260
272.201 (c)(1) introductory text revised...........................44231
272.951 (c)(1) introductory text and (4)(ii)(B) revised............44231
272.1601 (c)(1) introductory text revised..........................44231
272.1751 Revised...................................................67877
272.1851 (c)(1) introductory text revised..........................44231
272.2201 (c)(1) introductory text and (4)(i) introductory text 
        revised....................................................44232
272 Appendix A amended.............................................67879
273.1 (a)(3) and (4) revised; (a)(5) added.........................67217
273.3 (b)(2) revised...............................................67218
273.6 Added........................................................67218
273.9 Amended......................................................67218
273.13 (c)(2)(iii) and (iv) revised; (e) added.....................67218
273.14 (f) added...................................................67219
273.32 (b)(4) revised..............................................67219

[[Page 772]]

273.33 (c)(2)(iii) and (iv) revised; (e) added.....................67219
273.34 (f) added...................................................67220
273.80 (a) revised; (d) added; eff. 8-21-19.........................5950
281 Regulation at 83 FR 65104 eff. date delayed to 4-30-19..........8260
282.55 Added; eff. 7-19-19.........................................22731
282.2 (b)(6) revised...............................................44232
282.69 Revised.....................................................52789
282.71 Revised.....................................................34318
282.76 Added.......................................................41641
282.79 Revised.....................................................58631
282.84 Revised.....................................................65688
282.86 (d)(1)(i) introductory text revised.........................44232
282 Appendix A amended; eff. 7-19-19...............................22732
282 Appendix A amended.................34319, 41642, 52790, 58632, 65689
282 Technical correction...........................................69626

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
271 State hazardous waste management programs........2038, 33026, 38330, 
                                                            67293, 74265
272.1851 Revised....................................................6813
272.2201 Revised...................................................20190
272 Appendix A amended.......................................6815, 20193
278.3 (b)(1) revised; (d) added....................................40608
281 Policy statement...............................................57754
282.2 (b)(3) revised...............................................56176
282.60 Revised......................................................8474
282.62 Added........................................................1281
282.68 Revised; eff. 8-3-20........................................34368
282.81 Revised.....................................................53184
282.89 Revised.....................................................79878
282.93 Revised; eff. 8-21-20.......................................37352
282.98 Revised.....................................................56176
282 Appendix A amended........................................1282, 8475
282 Appendix A amended; eff. 8-3-20................................34369
282 Appendix A amended; eff. 8-21-20...............................37353
282 Appendix A amended...............................53185, 56177, 79879

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
271 State hazardous waste management programs........8713, 12834, 22121, 
                                              29207, 31637, 53558, 66460
272.951 Revised....................................................68162
272 Appendix A amended.............................................68164
281 State underground storage tank programs..................9879, 54107
282 State underground storage tank programs........................54107
282.50 Revised.....................................................51007
282.53 Revised.......................................................981
282.66 Revised.....................................................49257
282.90 Revised.....................................................15600
282.92 Revised.....................................................50475
282.96 Revised.....................................................12114
282.97 Added.......................................................57761
282 Appendix A amended.................................983, 12116, 15601
    Aamended..................................49258, 50477, 51009, 57762
282 Appendix B and Appendix C added................................57763

                                  2022

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
271 State hazardous waste management programs.........194, 13644, 26136, 
                         34579, 36074, 41610, 54298, 59699, 62995, 63426
272.400 Removed....................................................74977
272.401 Removed....................................................74977
281 State underground storage tank programs........................12593
282.2 (b) introductory text amended; (b)(1) revised.........42081, 42088
    (b) introductory text amended; (b)(3) revised..................42093
282.56 Revised.....................................................42088
282.57 Added.......................................................42094
282.58 Added........................................................4164
282.67 Added........................................................3682
282.95 Revised.....................................................42081
282 Appendix A amended...................3684, 4165, 42082, 42089, 42095

[[Page 773]]

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

40 CFR
                                                                   88 FR
                                                                    Page
Chapter I
266.104 (e)(1) revised.............................................16774
271 State hazardous waste management programs...............13034, 29839


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